Free Motion to Dismiss - Rule 12(b)(1) - District Court of Federal Claims - federal

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Section B - Supplies or Services and Prices

ITEM NO 0001

SUPPLIES/SERVICES

MAX QUANTITY UNDEFINED

UNIT Lump Sum

UNIT PRICE UNDEFINED

MAX AMOUNT UNDEFINED

MAINTENANCE - BASE YEAR COST 1 JAN 05 - 31 DEC 05 Non-personal services to provide personnel, equipment, tools, material, other items and on-site services necessary to provide equipment maintenance, repairs, installation and miscellaneous services for organizations at Wright-Patterson AFB, OH in accordance with the attached Statement of Work (SOW) dated 30 July 04. Contract Services include: Labor (see Exhibit A, Schedule of Services Exhibit Line Item Number (ELIN) 0001 of Labor Categories), materials, subcontracting, material handling charge, subcontracting handling charge and data (as specified on DD Form 1423, which are Not Separately Priced). Labor categories under this line item are subject to the Service Contract Act. NSN: Z142-CE-SUP-PORT SIGNAL CODE: A MAX COST Funded Amount FOB: Destination $7,756,412.00 $0.00

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ITEM NO 0002

SUPPLIES/SERVICES

MAX QUANTITY UNDEFINED

UNIT Lump Sum

UNIT PRICE UNDEFINED

MAX AMOUNT UNDEFINED

CONSTRUCTION - BASE YEAR COST 1 JAN 05 - 31 DEC 05 Non-personal services to provide personnel, equipment, tools, material, other items and on-site services necessary to provide all necessary or required operations to perform construction for organizations at Wright-Patterson AFB, OH in accordance with the attached Statement of Work (SOW) dated 30 July 04. Contract Services include: Labor (see Exhibit A, Schedule of Services ELIN 0002 of Labor Categories), materials, subcontracting, material handling charge, subcontracting handling charge and data (as specified on DD Form 1423, which are Not Separately Priced). Labor categories under this line item are subject to the Davis Bacon Act. NSN: Z142-CE-SUP-PORT SIGNAL CODE: A MAX COST Funded Amount FOB: Destination $2,486,913.90 $0.00

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ITEM NO 1001
OPTION

SUPPLIES/SERVICES

MAX QUANTITY UNDEFINED

UNIT Lump Sum

UNIT PRICE UNDEFINED

MAX AMOUNT UNDEFINED

MAINTENANCE - OPTION I COST 1 JAN 06 - 31 DEC 06 Non-personal services to provide personnel, equipment, tools, material, other items and on-site services necessary to provide equipment maintenance, repairs, installation and miscellaneous services for organizations at Wright-Patterson AFB, OH in accordance with the attached Statement of Work (SOW) dated 30 July 04. Contract Services include: Labor (see Exhibit A, Schedule of Services ELIN 1001 of Labor Categories), materials, subcontracting, material handling charge, subcontracting handling charge and data (as specified on DD Form 1423, which are Not Separately Priced). Labor categories under this line item are subject to the Service Contract Act. NSN: Z142-CE-SUP-PORT SIGNAL CODE: A MAX COST Funded Amount $7,044,131.30 $0.00

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ITEM NO 1002
OPTION

SUPPLIES/SERVICES

MAX QUANTITY UNDEFINED

UNIT Lump Sum

UNIT PRICE UNDEFINED

MAX AMOUNT UNDEFINED

CONSTRUCTION - OPTION I COST 1 JAN 06 - 31 DEC 06 Non-personal services to provide personnel, equipment, tools, material, other items and on-site services necessary to provide all necessary or required operations to perform construction for organizations at Wright-Patterson AFB, OH in accordance with the attached Statement of Work (SOW) dated 30 July 04. Contract Services include: Labor (see Exhibit A, Schedule of Services ELIN 1002 of Labor Categories), materials, subcontracting, material handling charge, subcontracting handling charge and data (as specified on DD Form 1423, which are Not Separately Priced). Labor categories under this line item are subject to the Davis Bacon Act. NSN: Z142-CE-SUP-PORT SIGNAL CODE: A MAX COST Funded Amount $2,311,846.00 $0.00

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ITEM NO 2001
OPTION

SUPPLIES/SERVICES

MAX QUANTITY UNDEFINED

UNIT Lump Sum

UNIT PRICE UNDEFINED

MAX AMOUNT UNDEFINED

MAINTENANCE - OPTION II COST 1 JAN 07 - 31 DEC 07 Non-personal services to provide personnel, equipment, tools, material, other items and on-site services necessary to provide equipment maintenance, repairs, installation and miscellaneous services for organizations at Wright-Patterson AFB, OH in accordance with the attached Statement of Work (SOW) dated 30 July 04. Contract Services include: Labor (see Exhibit A, Schedule of Services ELIN 2001 of Labor Categories), materials, subcontracting, material handling charge, subcontracting handling charge and data (as specified on DD Form 1423, which are Not Separately Priced). Labor categories under this line item are subject to the Service Contract Act. NSN: Z142-CE-SUP-PORT SIGNAL CODE: A MAX COST Funded Amount $7,067,679.10 $0.00

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ITEM NO 2002
OPTION

SUPPLIES/SERVICES

MAX QUANTITY UNDEFINED

UNIT Lump Sum

UNIT PRICE UNDEFINED

MAX AMOUNT UNDEFINED

CONSTRUCTION - OPTION II COST 1 JAN 07 - 31 DEC 07 Non-personal services to provide personnel, equipment, tools, material, other items and on-site services necessary to provide all necessary or required operations to perform construction for organizations at Wright-Patterson AFB, OH in accordance with the attached Statement of Work (SOW) dated 30 July 04. Contract Services include: Labor (see Exhibit A, Schedule of Services ELIN 2002 of Labor Categories), materials, subcontracting, material handling charge, subcontracting handling charge and data (as specified on DD Form 1423, which are Not Separately Priced). Labor categories under this line item are subject to the Davis Bacon Act. NSN: Z142-CE-SUP-PORT SIGNAL CODE: A MAX COST Funded Amount $2,317,925.70 $0.00

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ITEM NO 3001
OPTION

SUPPLIES/SERVICES

MAX QUANTITY UNDEFINED

UNIT Lump Sum

UNIT PRICE UNDEFINED

MAX AMOUNT UNDEFINED

MAINTENANCE - OPTION III COST 1 JAN 08 - 31 DEC 08 Non-personal services to provide personnel, equipment, tools, material, other items and on-site services necessary to provide equipment maintenance, repairs, installation and miscellaneous services for organizations at Wright-Patterson AFB, OH in accordance with the attached Statement of Work (SOW) dated 30 July 04. Contract Services include: Labor (see Exhibit A, Schedule of Services ELIN 3001 of Labor Categories), materials, subcontracting, material handling charge, subcontracting handling charge and data (as specified on DD Form 1423, which are Not Separately Priced). Labor categories under this line item are subject to the Service Contract Act. NSN: Z142-CE-SUP-PORT SIGNAL CODE: A MAX COST Funded Amount $7,092,191.70 $0.00

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ITEM NO 3002
OPTION

SUPPLIES/SERVICES

MAX QUANTITY UNDEFINED

UNIT Lump Sum

UNIT PRICE UNDEFINED

MAX AMOUNT UNDEFINED

CONSTRUCTION - OPTION III COST 1 JAN 08 - 31 DEC 08 Non-personal services to provide personnel, equipment, tools, material, other items and on-site services necessary to provide all necessary or required operations to perform construction for organizations at Wright-Patterson AFB, OH in accordance with the attached Statement of Work (SOW) dated 30 July 04. Contract Services include: Labor (see Exhibit A, Schedule of Services ELIN 3002 of Labor Categories), materials, subcontracting, material handling charge, subcontracting handling charge and data (as specified on DD Form 1423, which are Not Separately Priced). Labor categories under this line item are subject to the Davis Bacon Act. NSN: Z142-CE-SUP-PORT SIGNAL CODE: A MAX COST Funded Amount $2,324,208.20 $0.00

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ITEM NO 4001
OPTION

SUPPLIES/SERVICES

MAX QUANTITY UNDEFINED

UNIT Lump Sum

UNIT PRICE UNDEFINED

MAX AMOUNT UNDEFINED

MAINTENANCE - OPTION IV COST 1 JAN 09 - 31 DEC 09 Non-personal services to provide personnel, equipment, tools, material, other items and on-site services necessary to provide equipment maintenance, repairs, installation and miscellaneous services for organizations at Wright-Patterson AFB, OH in accordance with the attached Statement of Work (SOW) dated 30 July 04. Contract Services include: Labor (see Exhibit A, Schedule of Services ELIN 4001 of Labor Categories), materials, subcontracting, material handling charge, subcontracting handling charge and data (as specified on DD Form 1423, which are Not Separately Priced). Labor categories under this line item are subject to the Service Contract Act. NSN: Z142-CE-SUP-PORT SIGNAL CODE: A MAX COST Funded Amount $7,117,785.70 $0.00

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ITEM NO 4002
OPTION

SUPPLIES/SERVICES

MAX QUANTITY UNDEFINED

UNIT Lump Sum

UNIT PRICE UNDEFINED

MAX AMOUNT UNDEFINED

CONSTRUCTION - OPTION IV COST 1 JAN 09 - 31 DEC 09 Non-personal services to provide personnel, equipment, tools, material, other items and on-site services necessary to provide all necessary or required operations to perform construction for organizations at Wright-Patterson AFB, OH in accordance with the attached Statement of Work (SOW) dated 30 July 04. Contract Services include: Labor (see Exhibit A, Schedule of Services ELIN 4002 of Labor Categories), materials, subcontracting, material handling charge, subcontracting handling charge and data (as specified on DD Form 1423, which are Not Separately Priced). Labor categories under this line item are subject to the Davis Bacon Act. NSN: Z142-CE-SUP-PORT SIGNAL CODE: A MAX COST Funded Amount $2,330,674.30 $0.00

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Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at:
CLIN 0001 0002 1001 1002 2001 2002 3001 3002 4001 4002 INSPECT AT Destination Destination Destination Destination Destination Destination Destination Destination Destination Destination INSPECT BY Government Government Government Government Government Government Government Government Government Government ACCEPT AT Destination Destination Destination Destination Destination Destination Destination Destination Destination Destination ACCEPT BY Government Government Government Government Government Government Government Government Government Government

CLAUSES INCORPORATED BY REFERENCE

52.246-6 52.246-16 252.246-7000

Inspection--Time-And-Material And Labor-Hour Responsibility For Supplies Material Inspection And Receiving Report

MAY 2001 APR 1984 MAR 2003

CLAUSES INCORPORATED BY FULL TEXT

INSPECTION AND ACCEPTANCE: 88 ABW/CECW IS DESIGNATED AS THE OFFICE RESPONSIBLE FOR INSPECTION AND FINAL ACCEPTANCE OF THE SUPPLIES OR SERVICES PROVIDED IN THIS ORDER. A RECEIVING REPORT SHALL BE ACCOMPLISHED IMMEDIATELY UPON RECEIPT AND ACCEPTANCE OF SUPPLIES. ACCEPTANCE OF SERVICES WILL TAKE PLACE AT THE TIME OF INVOICE CERTIFICATION.

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Section F - Deliveries or Performance

DELIVERY INFORMATION
CLIN 0001 DELIVERY DATE POP 01-JAN-2005 TO 31-DEC-2005 QUANTITY N/A SHIP TO ADDRESS SEE SCHEDULE . WRIGHT-PATTERSON AFB OH 45433 FOB: Destination (SAME AS PREVIOUS LOCATION) FOB: Destination (SAME AS PREVIOUS LOCATION) FOB: Destination (SAME AS PREVIOUS LOCATION) FOB: Destination (SAME AS PREVIOUS LOCATION) FOB: Destination (SAME AS PREVIOUS LOCATION) FOB: Destination (SAME AS PREVIOUS LOCATION) FOB: Destination (SAME AS PREVIOUS LOCATION) FOB: Destination (SAME AS PREVIOUS LOCATION) FOB: Destination (SAME AS PREVIOUS LOCATION) FOB: Destination UIC FQ2300H

0002

POP 01-JAN-2005 TO 31-DEC-2005 POP 01-JAN-2006 TO 31-DEC-2006 POP 01-JAN-2006 TO 31-DEC-2006 POP 01-JAN-2007 TO 31-DEC-2007 POP 01-JAN-2007 TO 31-DEC-2007 POP 01-JAN-2008 TO 31-DEC-2008 POP 01-JAN-2008 TO 31-DEC-2008 POP 01-JAN-2009 TO 31-DEC-2009 POP 01-JAN-2009 TO 31-DEC-2009

N/A

FQ2300H

1001

N/A

FQ2300H

1002

N/A

FQ2300H

2001

N/A

FQ2300H

2002

N/A

FQ2300H

3001

N/A

FQ2300H

3002

N/A

FQ2300H

4001

N/A

FQ2300H

4002

N/A

FQ2300H

CLAUSES INCORPORATED BY REFERENCE

52.211-13 52.242-15 Alt I 52.247-55

Time Extensions Stop-Work Order (Aug 1989) - Alternate I F.O.B. Point For Delivery Of Government-Furnished Property

SEP 2000 APR 1984 JUN 2003

CLAUSES INCORPORATED BY FULL TEXT

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52.211-12

LIQUIDATED DAMAGES--CONSTRUCTION (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 $268.91 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. (End of clause)

CONTRACTOR NOTICE REGARDING BASE ACCESS: CONTRACTORS ARE HEREBY ADVISED THAT NO COMMERCIAL DELIVERIES WILL BE ACCEPTED BETWEEN THE HOURS OF 6:00 AM AND 10:00 AM WHEN INCREASED SECURITY MEASURES ARE IMPLEMENTED. ALL SHIPPERS SHOULD BE AWARE THAT WPAFB (AND OTHER INSTALLATIONS) MAY IMPLEMENT MORE STRINGENT FORCE PROTECTION CONDITIONS AT ANY TIME. THESE FORCE PROTECTION CONDITIONS REQUIRE INCREASED SECURITY CHECKS AT ALL INSTALLATION ENTRY POINTS, AND DECREASED ACCESS TO THE FACILITY.

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Section G - Contract Administration Data

CLAUSES INCORPORATED BY REFERENCE

252.242-7000

Postaward Conference

DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

ACCOUNTING AND APPROPRIATION DATA: FUNDS WILL BE CITED ON EACH DELIVERY ORDER ISSUED HEREUNDER

INVOICE AND PAYMENT: THE CONTRACTOR SHALL BE PAID UPON SUBMISSION OF A PROPERLY PREPARED INVOICE (ORIGINAL AND 2 COPIES) AND AFTER FINAL INSPECTION AND ACCEPTANCE HAS BEEN MADE. A PROPER INVOICE SHALL CITE THE CONTRACTOR'S NAME AND ADDRESS, INVOICE NUMBER, INVOICE DATE, ORDER NUMBER, CONTRACT LINE ITEM NUMBER (CLIN), DESCRIPTION OF THE SUPPLIES OR SERVICE, UNIT OF ISSUE, UNIT PRICE AND EXTENDED PRICE, TERMS OF ANY PROMPT PAYMENT DISCOUNT OFFERED, AND WHO TO NOTIFY IN THE EVENT THE INVOICE IS DEFECTIVE. THE INVOICE SHALL BE SUBMITTED TO: 88 ABW/CECW ATTN: BOB L. McDONALD 5151 WRIGHT AVENUE WRIGHT-PATTERSON AFB, OH 45433-5399 AN AUTHORIZED REPRESENTATIVE OF THE ABOVE ACTIVITY, UPON DETERMINING THAT THE SUPPLIES HAVE BEEN RECEIVED AND ACCEPTED, OR THAT THE SERVICES HAVE BEEN SATISFACTORILY COMPLETED, SHALL CERTIFY THE INVOICE AND FORWARD IT TO THE APPROPRIATE FINANCE OFFICE FOR PAYMENT. A COPY OF THE RECEIVING REPORT OR CERTIFIED INVOICE SHALL BE PROVIDED TO THE CONTRACT ADMINISTRATOR CITED ON PAGE 1 OF THIS ORDER (DD1155 BLOCK 7 OR SF1449 BLOCK 9). INVOICES SHALL BE SUBMITTED (Type an X in the appropriate block): [..] AFTER DELIVERY OF SUPPLIES [X] MONTHLY (AFTER PERFORMANCE) [..] QUARTERLY (AFTER PERFORMANCE) [..] SEMI-ANNUALLY (AFTER PERFORMANCE) [..] YEARLY (AFTER PERFORMANCE)

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Section H - Special Contract Requirements CLAUSES INCORPORATED BY FULL TEXT

PKW 5352.216-0001 MATERIAL AND SUBCONTRACTED SERVICES HANDLING CHARGES (PKW)

H-568 MATERIAL AND SUBCONTRACTED SERVICES HANDLING CHARGES The price to be paid by the Government for material handling and/or subcontracted services is subject to audit and may be negotiated between the contractor and the Administrative Contracting Officer (ACO) following any audit(s) performed in accordance with the contract clause entitled "Payments Under Time-and-Material and Labor-Hour Contracts" under time and materials and labor hour contracts. The percentages below are ceiling rates and shall not be exceeded. (a) Materials Handling: 0 %

(b) Subcontracted Services: 0 % (c) General and Administrative: 2.43 %

H-005 GOVERNMENT DOWN TIME FOR VARIOUS AUTHORITIES INCLUDING THE PRESIDENT, SECRETARY OF DEFENSE, SECRETARY OF THE AIR FORCE, AFMC/CC, ASC/CC, 88 ABW/CC, AND PROGRAM MANAGERS (a). Base Closures Due to Emergencies. From time to time, the Center or Base Commander or other authority may decide to close all or part of the base in response to an unforeseen emergency or similar occurrence. Sample emergencies include, but are not limited to, adverse weather such as snow or flood, an act of God such as a tornado or earthquake, acts of war or terrorism, computer failures, or a base disaster such as a natural gas leak or fire. Contractor personnel are "non-essential personnel" for purposes of any instructions regarding the emergency. (1) Contractor shall be officially dismissed upon notification of a base closure in accordance with paragraph b. Contractor shall promptly secure all government furnished property appropriately and evacuate in an expedient but safe manner. (2) With regard to work under the contract, the government shall retain the following options: (i) Government may grant a time extension in each task order delayed by the closure equal to the time of the closure, subject to the availability of funds. (ii) Government may forego the work. The contractor will not be paid for work not performed. (iii) Government may reschedule the work on any day satisfactory to both parties. (iv) The government may, in its discretion, permit the contractor to perform at an off-site location during the period of base closure if meaningful work can be accomplished. Contractor shall certify to the government by letter within 5 business days of returning to work the nature and scope of the work completed off-site. Contractor shall be permitted to bill the government at the labor rates identified in the contract.

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(v) In rare instances, Government may request that the Contractor continue on-site performance during the base closure period. Such a request shall be subject to agreement by Contractor. (b) Base Closure Notification Procedures. (1) After an official decision to close Wright-Patterson AFB has been made by the Base Commander, the following radio and television stations shall be notified of the closure: Television: WHIO 7 WDTN 2 WTJC 26 WKEF 22 Radio: WHIO AM 1290 WONE AM 980 WBLY AM 1600 WIZE AM 1340 WLW AM 700 WDAO AM 1210 WING AM 1410 WAZU FM 102.9

WBVE FM 96.5 WTUE FM 104.7 WBZI FM 95.3 WYSO FM 91.3 WYMJ FM 103.9 WFCJ FM 93.7 WHKO FM 99.1 WVUD FM 99.9

(2) The Contractor is directed to listen or watch one of the radio or television stations listed in paragraph b.1 for notification of a base closure. Contractor should follow instructions intended for non-essential personnel. (3) The contractor will not receive any other form of notification of a base closure from the government. The Contractor is responsible for notification of his or her employees. (4) If the decision to close all or part of the base is made during the duty day, and the Base Commander's decision is transmitted through official notification channels, the Contractor shall follow the instructions as given. Contractor personnel shall notify their task monitor and act in accordance with the task monitor's instruction. (c) Base Closure Due to Non-Emergencies. The Center or Base Commander or other authority may elect to close all or part of the base for non-emergency reasons such as time-off award, base open house, etc. In the event of a non-emergency base closure, the Contract Task Monitor and the Contractor shall jointly choose a course of action within the following options: (1) If there is a need for the service during the base closure and a government employee will be present, Contractor may continue on-site work. Contractor shall bill the Government at the labor rates identified in the contract. (2) If there is a need for work during the base closure but either a Government employee will not be present or access will not be available, the Contractor may work off-site provided meaningful work may be accomplished. Contractor shall certify to the government by letter within 5 business days or returning on-site the nature and scope of the work completed off-site. Contractor shall bill the Government at the labor rates specified in the contract. (3) If there is no need for the service during the scheduled base closure, contractor shall not work on or off-site. Government may grant a time extension in each task order delayed by the closure equal to the amount of time of the closure, subject to the availability of funds. The government will not be liable for time not worked.

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IMPORTANT NOTICE TO: ALL CONTRACTORS WORKING ON WRIGHT-PATTERSON AFB, OHIO LEVEL I ANTITERRORISM (AT) AWARENESS TRAINING As members of "Team Wright-Patt" contractors and their employees are subject to the same or greater risk of becoming a victim in a terrorist act or inadvertently providing terrorists with a means to target WrightPatterson Air Force Base. The Department of Defense (DoD) Standard 22 mandates that the Air Force OFFER Level I AT Awareness Training to all contractors and their employees, under the terms and conditions specified in this contract. You and your employees are strongly encouraged to complete the computer based AT Awareness Training found at http://at-awareness.org/. The password for accessing the training once at the web-site is "AWARE".

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Section I - Contract Clauses CLAUSES INCORPORATED BY REFERENCE

52.202-1 52.203-3 52.203-5 52.203-6 52.203-7 52.203-8 52.203-10 52.203-12 52.204-4 52.204-7 52.209-6

52.215-2 52.215-8 52.215-11 52.215-13 52.215-15 52.215-18 52.219-6 52.219-8 52.219-14 52.222-1 52.222-3 52.222-4 52.222-6 52.222-7 52.222-8 52.222-9 52.222-10 52.222-11 52.222-12 52.222-13 52.222-14 52.222-15 52.222-21 52.222-26 52.222-27 52.222-35 52.222-36 52.222-37

(INVALID EFF_DT) Definitions DEC 1900 Gratuities APR 1984 Covenant Against Contingent Fees APR 1984 Restrictions On Subcontractor Sales To The Government JUL 1995 Anti-Kickback Procedures JUL 1995 Cancellation, Rescission, and Recovery of Funds for Illegal JAN 1997 or Improper Activity Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 Limitation On Payments To Influence Certain Federal JUN 2003 Transactions Printed or Copied Double-Sided on Recycled Paper AUG 2000 Central Contractor Registration OCT 2003 Protecting the Government's Interest When Subcontracting JUL 1995 With Contractors Debarred, Suspended, or Proposed for Debarment Audit and Records--Negotiation JUN 1999 Order of Precedence--Uniform Contract Format OCT 1997 Price Reduction for Defective Cost or Pricing Data-OCT 1997 Modifications Subcontractor Cost or Pricing Data--Modifications OCT 1997 Pension Adjustments and Asset Reversions JAN 2004 Reversion or Adjustment of Plans for Postretirement Benefits OCT 1997 (PRB) Other than Pensions Notice Of Total Small Business Set-Aside JUN 2003 Utilization of Small Business Concerns MAY 2004 Limitations On Subcontracting DEC 1996 Notice To The Government Of Labor Disputes FEB 1997 Convict Labor JUN 2003 Contract Work Hours and Safety Standards Act - Overtime SEP 2000 Compensation Davis Bacon Act FEB 1995 Withholding of Funds FEB 1988 Payrolls and Basic Records FEB 1988 Apprentices and Trainees FEB 1988 Compliance with Copeland Act Requirements FEB 1988 Subcontracts (Labor Standards) FEB 1988 Contract Termination-Debarment FEB 1988 Compliance with Davis-Bacon and Related Act Regulations. FEB 1988 Disputes Concerning Labor Standards FEB 1988 Certification of Eligibility FEB 1988 Prohibition Of Segregated Facilities FEB 1999 Equal Opportunity APR 2002 Affirmative Action Compliance Requirements for FEB 1999 Construction Equal Opportunity For Special Disabled Veterans, Veterans DEC 2001 of the Vietnam Era, and Other Eligible Veterans Affirmative Action For Workers With Disabilities JUN 1998 Employment Reports On Special Disabled Veterans, Veterans DEC 2001 Of The Vietnam Era, and Other Eligible Veterans

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52.222-41 52.222-43 52.223-3 52.223-5 52.223-6 52.223-11 52.223-12 52.223-14 52.225-13 52.227-1 52.227-2 52.228-2 52.228-5 52.228-7 52.228-11 52.228-12 52.228-14 52.228-15 52.232-17 52.232-18 52.232-20 52.232-22 52.232-23 52.232-25 52.232-27 52.232-33 52.233-1 52.233-3 52.233-3 Alt I 52.233-4 52.236-5 52.236-7 52.237-2 52.237-3 52.242-3 52.242-13 52.243-3 52.244-6 52.245-5 52.246-25 52.248-3 52.249-6 52.249-6 Alt I 52.249-14 52.253-1 252.203-7001 252.203-7002 252.204-7000

Service Contract Act Of 1965, As Amended MAY 1989 Fair Labor Standards Act And Service Contract Act - Price MAY 1989 Adjustment (Multiple Year And Option) Hazardous Material Identification And Material Safety Data JAN 1997 Pollution Prevention and Right-to-Know Information AUG 2003 Drug-Free Workplace MAY 2001 Ozone-Depleting Substances MAY 2001 Refrigeration Equipment and Air Conditioners MAY 1995 Toxic Chemical Release Reporting AUG 2003 Restrictions on Certain Foreign Purchases DEC 2003 Authorization and Consent JUL 1995 Notice And Assistance Regarding Patent And Copyright AUG 1996 Infringement Additional Bond Security OCT 1997 Insurance - Work On A Government Installation JAN 1997 Insurance--Liability To Third Persons MAR 1996 Pledges Of Assets FEB 1992 Prospective Subcontractor Requests for Bonds OCT 1995 Irrevocable Letter of Credit DEC 1999 Performance and Payment Bonds--Construction JUL 2000 Interest JUN 1996 Availability Of Funds APR 1984 Limitation Of Cost APR 1984 Limitation Of Funds APR 1984 Assignment Of Claims JAN 1986 Prompt Payment OCT 2003 Prompt Payment for Construction Contracts OCT 2003 Payment by Electronic Funds Transfer--Central Contractor OCT 2003 Registration Disputes JUL 2002 Protest After Award AUG 1996 Protest After Award (Aug 1996) - Alternate I JUN 1985 Applicable Law for Breach of Contract Claim OCT 2004 Material and Workmanship APR 1984 Permits and Responsibilities NOV 1991 Protection Of Government Buildings, Equipment, And APR 1984 Vegetation Continuity Of Services JAN 1991 Penalties for Unallowable Costs MAY 2001 Bankruptcy JUL 1995 Changes--Time-And-Material Or Labor-Hours SEP 2000 Subcontracts for Commercial Items JUL 2004 Government Property (Cost-Reimbursement Time-AndMAY 2004 Materials, Or Labor Hour Contracts) Limitation Of Liability--Services FEB 1997 Value Engineering-Construction FEB 2000 Termination (Cost Reimbursement) MAY 2004 Termination (Cost-Reimbursement) (May 2004) - Alternate I SEP 1996 Excusable Delays APR 1984 Computer Generated Forms JAN 1991 Prohibition On Persons Convicted of Fraud or Other Defense- MAR 1999 Contract-Related Felonies Display Of DOD Hotline Poster DEC 1991 Disclosure Of Information DEC 1991

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252.204-7003 252.204-7004 Alt A 252.205-7000 252.209-7000

252.209-7004 252.215-7000 252.223-7004 252.223-7006 252.225-7012 252.225-7025 252.227-7033 252.242-7000 252.243-7002 252.245-7001 252.247-7023 252.247-7024 5352.223-9001

Control Of Government Personnel Work Product APR 1992 Required Central Contractor Registration Alternate A NOV 2003 Provision Of Information To Cooperative Agreement Holders DEC 1991 Acquisition From Subcontractors Subject To On-Site NOV 1995 Inspection Under The Intermediate Range Nuclear Forces (INF) Treaty Subcontracting With Firms That Are Owned or Controlled ByMAR 1998 The Government of a Terrorist Country Pricing Adjustments DEC 1991 Drug Free Work Force SEP 1988 Prohibition On Storage And Disposal Of Toxic And APR 1993 Hazardous Materials Preference For Certain Domestic Commodities JUN 2004 Restriction on Acquisition of Forgings APR 2003 Rights in Shop Drawings APR 1966 Postaward Conference DEC 1991 Requests for Equitable Adjustment MAR 1998 Reports Of Government Property MAY 1994 Transportation of Supplies by Sea MAY 2002 Notification Of Transportation Of Supplies By Sea MAR 2000 Health and Safety on Government Installations JUN 1997

CLAUSES INCORPORATED BY FULL TEXT

52.216-7

ALLOWABLE COST AND PAYMENT (DEC 2002)

(a) Invoicing. (1) The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) subpart 31.2 in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract. (2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act. Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25. (3) The designated payment office will make interim payments for contract financing on the 30th day after the designated billing office receives a proper payment request. In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date. (b) Reimbursing costs. (1) For the purpose of reimbursing allowable costs (except as provided in subparagraph (b)(2) of the clause, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term "costs" includes only-(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract;

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(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for-(A) Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due will be made-(1) In accordance with the terms and conditions of a subcontract or invoice; and (2) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government; (B) Materials issued from the Contractor's inventory and placed in the production process for use on the contract; (C) Direct labor; (D) Direct travel; (E) Other direct in-house costs; and (F) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts; and (iii) The amount of financing payments that have been paid by cash, check, or other forms of payment to subcontractors. (2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid unless-(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and (ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's indirect costs for payment purposes). (3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) of this clause, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) of this clause. (4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor's expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause. (c) Small business concerns. A small business concern may receive more frequent payments than every 2 weeks. (d) Final indirect cost rates. (1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with Subpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect cost rate proposal. (2)(i) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (or cognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years. The Contractor shall support its proposal with adequate supporting data.

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(ii) The proposed rates shall be based on the Contractor's actual cost experience for that period. The appropriate Government representative and the Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the Contractor's proposal. (3) The Contractor and the appropriate Government representative shall execute a written understanding setting forth the final indirect cost rates. The understanding shall specify (i) the agreed-upon final annual indirect cost rates, (ii) the bases to which the rates apply, (iii) the periods for which the rates apply, (iv) any specific indirect cost items treated as direct costs in the settlement, and (v) the affected contract and/or subcontract, identifying any with advance agreements or special terms and the applicable rates. The understanding shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract. The understanding is incorporated into this contract upon execution. (4) Failure by the parties to agree on a final annual indirect cost rate shall be a dispute within the meaning of the Disputes clause. (5) Within 120 days (or longer period if approved in writing by the Contracting Officer) after settlement of the final annual indirect cost rates for all years of a physically complete contract, the Contractor shall submit a completion invoice or voucher to reflect the settled amounts and rates. (6)(i) If the Contractor fails to submit a completion invoice or voucher within the time specified in paragraph (d)(5) of this clause, the Contracting Officer may-(A) Determine the amounts due to the Contractor under the contract; and (B) Record this determination in a unilateral modification to the contract. (ii) This determination constitutes the final decision of the Contracting Officer in accordance with the Disputes clause. (e) Billing rates. Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the Contracting Officer or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established. These billing rates-(1) Shall be the anticipated final rates; and (2) May be prospectively or retroactively revised by mutual agreement, at either party's request, to prevent substantial overpayment or underpayment. (f) Quick-closeout procedures. Quick-closeout procedures are applicable when the conditions in FAR 42.708(a) are satisfied. (g) Audit. At any time or times before final payment, the Contracting Officer may have the Contractor's invoices or vouchers and statements of cost audited. Any payment may be (1) reduced by amounts found by the Contracting Officer not to constitute allowable costs or (2) adjusted for prior overpayments or underpayments. (h) Final payment. (1) Upon approval of a completion invoice or voucher submitted by the Contractor in accordance with paragraph (d)(4) of this clause, and upon the Contractor's compliance with all terms of this contract, the Government shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid. (2) The Contractor shall pay to the Government any refunds, rebates, credits, or other amounts (including interest, if any) accruing to or received by the Contractor or any assignee under this contract, to the extent that those amounts are properly allocable to costs for which the Contractor has been reimbursed by the Government. Reasonable expenses incurred by the Contractor for securing refunds, rebates, credits, or other amounts shall be allowable costs

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if approved by the Contracting Officer. Before final payment under this contract, the Contractor and each assignee whose assignment is in effect at the time of final payment shall execute and deliver-(i) An assignment to the Government, in form and substance satisfactory to the Contracting Officer, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the Contractor has been reimbursed by the Government under this contract; and (ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claims arising out of or under this contract, except-(A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known; (B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third parties arising out of the performance of this contract; provided, that the claims are not known to the Contractor on the date of the execution of the release, and that the Contractor gives notice of the claims in writing to the Contracting Officer within 6 years following the release date or notice of final payment date, whichever is earlier; and (C) Claims for reimbursement of costs, including reasonable incidental expenses, incurred by the Contractor under the patent clauses of this contract, excluding, however, any expenses arising from the Contractor's indemnification of the Government against patent liability. (End of clause)

52.216-7

ALLOWABLE COST AND PAYMENT (DEC 2002) -- ALTERNATE I (FEB 1997)

(a) Invoicing. (1) The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) Subpart 31.2 in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract. (2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act. Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25. (3) The designated payment office will make interim payments for contract financing on the 30th day after the designated billing office receives a proper payment request. In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date. (b) Reimbursing costs. (1) For the purpose of reimbursing allowable costs (except as provided in paragraph (b)(2) of this clause, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term "costs" includes only(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract;

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(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for(A) Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due will be made(1) In accordance with the terms and conditions of a subcontract or invoice; and (2) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government; (B) Materials issued from the Contractor's inventory and placed in the production process for use on the contract; (C) Direct labor; (D) Direct travel; (E) Other direct in-house costs; and (F) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts; and (iii) The amount of progress and other payments to the Contractor's subcontractors that either have been paid, or that the Contractor is required to pay pursuant to the clause of this contract entitled "Prompt Payment for Construction Contracts." Payments shall be made by cash, check, or other form of payment to the Contractor's subcontractors under similar cost standards. (2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid unless(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and (ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's indirect costs for payment purposes). (3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) of this clause, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) of this clause. (4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor's expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause. (c) Small business concerns. A small business concern may receive more frequent payments than every 2 weeks. (d) Final indirect cost rates. (1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with Subpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect cost rate proposal. (2)(i) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (or cognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years. Reasonable extensions, for exceptional circumstances only, may be requested in writing by the

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Contractor and granted in writing by the Contracting Officer. The Contractor shall support its proposal with adequate supporting data. (ii) The proposed rates shall be based on the Contractor's actual cost experience for that period. The appropriate Government representative and the Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the Contractor's proposal. (3) The Contractor and the appropriate Government representative shall execute a written understanding setting forth the final indirect cost rates. The understanding shall specify (i) the agreed-upon final annual indirect cost rates, (ii) the bases to which the rates apply, (iii) the periods for which the rates apply, (iv) any specific indirect cost items treated as direct costs in the settlement, and (v) the affected contract and/or subcontract, identifying any with advance agreements or special terms and the applicable rates. The understanding shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract. The understanding is incorporated into this contract upon execution. (4) Failure by the parties to agree on a final annual indirect cost rate shall be a dispute within the meaning of the Disputes clause. (5) Within 120 days (or longer period if approved in writing by the Contracting Officer) after settlement of the final annual indirect cost rates for all years of a physically complete contract, the Contractor shall submit a completion invoice or voucher to reflect the settled amounts and rates. (6)(i) If the Contractor fails to submit a completion invoice or voucher within the time specified in paragraph (d)(5) of this clause, the Contracting Officer may(A) Determine the amounts due to the Contractor under the contract; and (B) Record this determination in a unilateral modification to the contract. (ii) This determination constitutes the final decision of the Contracting Officer in accordance with the Disputes clause. (e) Billing rates. Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the Contracting Officer or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established. These billing rates(1) Shall be the anticipated final rates; and (2) May be prospectively or retroactively revised by mutual agreement, at either party's request, to prevent substantial overpayment or underpayment. (f) Quick-closeout procedures. Quick-closeout procedures are applicable when the conditions in FAR 42.708(a) are satisfied. (g) Audit. At any time or times before final payment, the Contracting Officer may have the Contractor's invoices or vouchers and statements of cost audited. Any payment may be(1) Reduced by amounts found by the Contracting Officer not to constitute allowable costs; or

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(2) Adjusted for prior overpayments or underpayments. (h) Final payment. (1) Upon approval of a completion invoice or voucher submitted by the Contractor in accordance with paragraph (d)(5) of this clause, and upon the Contractor's compliance with all terms of this contract, the Government shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid. (2) The Contractor shall pay to the Government any refunds, rebates, credits, or other amounts (including interest, if any) accruing to or received by the Contractor or any assignee under this contract, to the extent that those amounts are properly allocable to costs for which the Contractor has been reimbursed by the Government. Reasonable expenses incurred by the Contractor for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the Contracting Officer. Before final payment under this contract, the Contractor and each assignee whose assignment is in effect at the time of final payment shall execute and deliver(i) An assignment to the Government, in form and substance satisfactory to the Contracting Officer, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the Contractor has been reimbursed by the Government under this contract; and (ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claims arising out of or under this contract, except(A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known; (B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third parties arising out of the performance of this contract; provided, that the claims are not known to the Contractor on the date of the execution of the release, and that the Contractor gives notice of the claims in writing to the Contracting Officer within 6 years following the release date or notice of final payment date, whichever is earlier; and (C) Claims for reimbursement of costs, including reasonable incidental expenses, incurred by the Contractor under the patent clauses of this contract, excluding, however, any expenses arising from the Contractor's indemnification of the Government against patent liability. (End of clause)

52.216-18

ORDERING. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1 JAN 2005through 31 DEC 2005 . (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of clause)

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52.216-19

ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00 , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor: (1) Any order for a single item in excess of $2,000,000.00 ; (2) Any order for a combination of items in excess of $2,000,000.00 ; or (3) A series of orders from the same ordering office within 5days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above. (d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause)

52.217-8

OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days . (End of clause)

52.217-9

OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed Five (5) years and six (6) months. (End of clause)

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52.222-42

STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION Employee Class Monetary Wage-Fringe Benefits

EMPLOYEE CLASS Heating, Refrigeration, and AC Mechanic Maintenance Trades Helper Water Treatment Plant Operator Electrician, Maintenance Pipefitter, Maintenance Insulator Sheetmetal Worker, Maintenace Painter, Maintenance Carpenter, Maintenance
(End of clause)

GRADE WG-4749-10 WG-4749-05 WG-5409-09 WG-2805-10 WG-4204-10 WG-3610-10 WG-3806-08 WG-4102-07 WG-4607-09

HOURLY WAGE $20.65 $16.22 $19.92 $20.65 $20.65 $20.65 $19.10 $18.30 $19.92

52.225-11 2004)

BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (JUN

(a) Definitions. As used in this clause-Component means an article, material, or supply incorporated directly into a construction material. Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material. Cost of components means-(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product.

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Designated country means any of the following countries: Aruba, Austria, Bangladesh, Belgium, Benin, Bhutan, Botswana, Burkina Faso, Burundi, Canada, Cape Verde, Central African Republic, Chad, Comoros, Cyprus, Czech Republic, Denmark. Djibouti, Equatorial Guinea, Estonia, Finland, France, Gambia, Germany, Greece, Guinea, Guinea-Bissau, Haiti, Hong Kong, Hungary, Ireland, Israel, Italy, Japan. Kiribati, Korea, Republic of, Lativia, Lesotho, Liechtenstein, Lithuania, Luxembourg, Malawi, Maldives, Mali, Malta, Mozambique, Nepal, Netherlands, Niger, Norway, Poland, Portugal, Rwanda. Sao Tome and Principe, Sierra Leone, Singapore, Slovak Republic, Slovenia, Somalia, Spain, Sweden, Switzerland, Tanzania U.R., Togo, Tuvalu, Uganda, United Kingdom, Vanuatu, Western Samoa, Yemen. Designated country construction material means a construction material that-(1) Is wholly the growth, product, or manufacture of a designated country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a designated country into a new and different construction material distinct from the materials from which it was transformed. 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. Free Trade Agreement country means Canada, Chile, Mexico, or Singapore. Free Trade Agreement country construction material means a construction material that-(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed. United States means the 50 States, the District of Columbia, and outlying areas. (b) Construction materials. (1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In addition, the Contracting Officer has determined that the Trade Agreements Act and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American Act restrictions are waived for designated country and FTA country construction materials. (2) The Contractor shall use only domestic, designated country, or NAFTA country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause. (3) The requirement in paragraph (b)(2) of this clause does not apply to the construction materials or components listed by the Government as follows: NONE (4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that--

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(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions 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)(4) 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)(4)(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.

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(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 description Unit of measure Quantity Price (dollars) \1\ ---------------------------------------------------------------------------------------------------------------Item 1: Foreign construction material.... ....................... ....................... ....................... Domestic construction material... ....................... ....................... ....................... Item 2: Foreign construction material.... ....................... ....................... ....................... Domestic construction material... ....................... ....................... ....................... ---------------------------------------------------------------------------------------------------------------\1\ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued). List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. Include other applicable supporting information. (e) United States law will apply to resolve any claim of breach of this contract. (End of clause)

52.228-1

BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid. (b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.(c) The amount of the bid guarantee shall be 20% of the total estimated price of CLIN 0002 (Construction ­ Base Year) percent of the bid price or $________, whichever is less.(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the