Free Stipulation - District Court of Federal Claims - federal


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Case 1:06-cv-00113-MBH

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1. SOLICITATION NO. SOLICITATION, OFFER, AND AVVARD .... N62472-02-~-0095:0001. (Construction,Alteration, or Repair)
.....

2. TYPE OF SOLICITATION DATE ISSUED 3. r-] SEALEDBID (IFB) 26-Sep-2002 [~] NEGOTIATED (RFP)
,, ,

IMPORTANTThe "offer" section on the reverse must be fully completed offeror. by
¯

4. CONTRACT NO. N62472-02-C-0095 7. ISSUED BY

5. REQUISITION/PURCHASE REQUEST NO. 020095 CODE N62472
,,,

6. PROJECT NO. 02-0095

8. ADDRESS OFFER TO See Item 7

(If OtherThanItem 7)

CODE

NAVALFACILITIES ENGINEERING COMMAND EFA NORTHEAST 10 INDUSTRIALHIGHWAY MAIL STOP #82 LESTER 19113-2090 PA TEL: 610-595-0641 ............. 9. FORINFORMATION CAL L:
.......

FAX: 610-595-0644 A. NAME PATRICIA RING A.

TEL: B. TELEPHONE (Include area cede) NO. 610-595-0532 SOLICITATION (NO COLLECT CALLS)

NOTE: sealed bid solicitations "offer" and "offeror" mean In "bid" and "bidder". ........... 10. THE GOVERNMENT REQUIRES PERFORMANCE THE WORK OF DESCRIBED THESE IN DOCUMENTS ANCHORAGE HOUSINGPROJECT, NEWPORT RFPN62472-02-R-0095, ANCHORAGE HOUSING REPAIR PROJECT THENAVAL AT STATION, NEWPORT, RHODE ISLANDin stdct accordance with the attachedspecifications and sketches. The resultant contract will bea firm fixed price contract. Thecontractorshall provide, unlessotherwise specified, all labor, supervision, tools, materials, equipment transportationas necessary replacegasfired boilers, electric hot waterheaters,provide andinstall tankless and to waterheaters, provideandinstall new wood deckstairs, repair bathrooms, replacemetal front doors, provideandinstall security light switch motionsensors,replacewood porchcolumns, repair concrete patio slabs, replace interior lighting, replace smoke detectors, replacesliding kitchen doors, provide and install storage shedsandother related workat the Anchorage Housing units at the NavalStation, Newport, Rhode Island. This procurement an 8(a) Noncompetitiveset-aside. Theestimatedcost rangeis between is $1.0 million and$5.0 million. TheNorth American Industry Classification System,NAICS Codeis 236116.Theperformance period on this requirementis 365 calendar days. (Tit~e, identifyingno., date):

11. TheContractor shall begin performancewithin 15 calendar days and complete it within 365 calendar days after receiving ~ award, ['-] notice to proceed. This performance period is F~l mandatory, [-'] negotiable. (See schedule .)

12 ~ THE CONTRACTOR MUST FURNISHANY REQUIRED PERFORMANCE PAYMENT AND BONDS? (If "YES,"indicate within how many calendardaysafter award Item 12B.) in
.........

12B. CALENDAR DAYS 15

13. ADDITIONAL SOLICITATION REQUIREMENTS:. A. Sealedoffers in original and 1 copies to perform the workrequired are due at the place specified in Item 8 by 00:00:00 (hour) local time 9/17/2002 (date). If this is a sealed bid solicitation, offers mustbe publicly opened that time. Sealed at envelopes containingoffers shall be marked show offeror's name address,the solicitation number, the date andtime offers are due. to the and and An offer guaranteeN is, U is not required. B. and incorporated the solicitation in full text or by reference. in C. All offers are subjectto the (1) workrequirements, (2) other provisionsandclauses acceptance after the date offers are due will not be consideredand will be rejected. D. Offers providing less than 60 calendar daysfor Government
,

NSN 7540-01'-155-3212"

1442-101

STANDARD FORM t442 (REV. 4-85)
Prescribed by GSA FAR BC FR)53.236-1(e) (4

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.........

SOL~CITATION, OFFER, AND AWARD (Continued) (Construction, A/terati£.n,. or.Repai..r . . ) OFFER (Must be fully completed by offeror) 14. NAME ADDRESS OFFEROR(i"nclude 'ZIP Code) AND OF ' OAKENVIRONMENTAL CONSULTANTS, INC. EDWARD EICHEN J. 600 N. ROUTE 73 SUITE12 MARLTON 08060 NJ CODE 02YA4 FACILITYCODE 15. TELEPHONE (Include area code) NO. 856-988-9553

16. REMITTANCE ADDRESS (Includeonly if different than Item 14) See ~tern t4 ..

calendar daysafter the date offers are due. (Insert any number equal to or greater than

18. Theofferor agreesto furnish any required performance payment and bonds. (The offe~ar acknowledges of amendments solicitation -- givenumber dateof each) receipt to the and ....... AMENDMENT NO. DATE 20B. SIGNATURE 20A. NAME ANDTITLE OF PERSON AUTHORIZED SIGN TO OFFER (Typeor print) .. AWARD (To be completed by Government) 21. ITEMSACCEPTED: 20C. OFFER DATE

SEE............. SCHEDULE
22. AMOUNT $2,453,t63.00 23. ACCOUNTING APPROPRIATION AND DATA ffEM 25. OTHERTHAN FULL AND OPE~ COMPETITION PURSUANTTO See Schedule ..... 24. SUBMITINVOICES ADDRESS TO SHOWN IN (4 copies unless otherwise specified) ....... i 26. ADMINISTERED BY CODE N62472 OIC NAVFAC CONTRACTS F210 NAVALSTATIONNEWPORT BUILDING 1 SlMONPIETRI DR NEWPORT 02841-1712 RI ..

I-! 10u.s.c.2304(°) u.s.c.253(c) 41 .........
27. PAYMENT WILL BE MADE BY CODE DFAS OAKLAND OPERATING LOCATIONOAKLANDCODEFPV P O BOX23940 OAKLAND 94623-3870 CA ........

L N68894

_

r NEGOTIATED (Contractor is required to sign this -~128. AGREEMENT

CO.Te4CTI.G Wl&& O~;~IC~eCOt.e&~T~ .....

I'] -

copies issuing to office.) Contractor agrees document return and to furnish deliverall items perform work, and or all requisitions identified on this formand continuation any sheets the consideration In this for stated contract. rights and The obligations theparties this contract of to shall be governed(a) this contract by award, thesolicitation,and theclauses, (b) (c) representations, certifications, specifications incorporatedreferand or by ence or attached this contract. in to 30A. NAME ANDTITLE OF CONTRACTOR PERSON OR AUTHORIZED TOSIGN(Type or print) 3013. SIGNATURE 30C. DATE

(Contractor not required this 29. AWARD is to sign document.) Your offeronthis solicitation,is hereby accepted to the items as listed. Thisaward consummates contract,which the consists (a) theGovernment of solicitation and youroffer, and(b) this contract award. furthercontractual No document necessary.

, , , 31A. NAME CONTRACTING OF OFFICER (Type or print) GAlL D. THOMSENSUPV / NEW ENGLAND IPT 31B. UNITED STATES AMERICA OF BY 31C. AWARD DATE 30-Sep-2002

NSN7540-01-155-3212

,, STANDARD FORM1442 BACK

(REV.4-85)

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N62472-02-C-0095 Page of 22 3 SECTION 30 BLOCK CONTINUATION SF 14 PAGE

N62472-02-C-0095 Page 2 1. Contract N62472-02-C-0095 hereby awardedto OakEnvironmental is Consultants, Inc. in the amount $2,453,163.00 the Anchorage of for Repair Project at the NavalStation, Newport, Rhode Island. 2. Thecontract completiondate is 30 September 2003. 3. This awardis being madepursuant to FAR 19.8, the 8(a) program. Payments underthis contract are to be made by: DefenseFinance and Accounting Office Operating Location Oakland, Atm: Code FPV PO Box 23870 Oakland, CA 94623-3870

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OA/COMMITMENT

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REQUEST

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02NOV07 08:18:51 HI8M3V41

FUND USAGE NO. : 362577 REQUEST NOo : 49964 FUND USAGE DESC: ANCHORAGE COMMITMENT DESC: ANCHORAGE REQUESTOR NAME : M ENNIS FU ACRN AA WORK PKG 16693 AUTH NO. N 27027

STD DOC NO. : N6247202C0095 MOD/AMD NO o : HOUSING HOUSING REPAIRS REPAIRS ATTRIBUTES FUND NOo 69091 JO ACRN W/C PC NO° :

DO NO° : OPT NO o :

ACCOUNTING ALT AUTH IDN N3241102RC2H025 JOB ORDER

ACTUAL DOC NO. N3241102RC2H025 E/E F/SF

CUST ACRN AA HNIS CAT

WORK ITEM/TYPE 1 CN

LINE OF ACCOUNTING APPROP SBH O/C BCN S/AAAA 17 02021804 60FA 000 69078 068732 VIEW SUCCESSFUL,

TO APPEAR T/T PAA 2D C2H025

ON DOCUMENT COST CODE 324112RSF01Q SIOH AMOUNT = VIEW

REQUEST

AMOUNT

2,453,163 o 00 147,190.00 MESSAGES

SCROLL OR EXIT -- END OF LIST. PF6 : VIEW APPV CHAIN PFI0

VALIDATION

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N62472-02-C-0095 Page 4 of 22 SECTION 00010 Solicitation ITEM NO 0001 Contract Form UNIT PRICE $2,453,163.00 AMOUNT $2,453,163.00

UNIT QUANTITY 1.00 Lot Anchorage Housing Repair Project FFP PURCHASE REQUESTNUMBER N3241102RC2H025 SUPPLIES/SERVICES

Amendment Format: Line counting contained in this amendment starts with the paragraph title as line one and includes all lines containing text or numbers.Theheader (Project Title, Location, and Contract Number) the top at of each page is not counted whenthe line count starts from the top of the page. ChangesTo Solicitation Documents Specifications: and DESCRIPTIONOF TASKS: Page 1 (PDFPage 1 of 104): UnderTask "b": Delete sentence, "Provide and install asphalt walkway from the base of the steps to the existing asphalt walkway yard". in UnderTask "d": After sentence, "Provide and install newsmokedetector in stairwell" add the following sentence, "...and provide newsurface mountedwiring as required." UnderTask "e": In sentence "Provide and install newmetal or fiberglass columnsto prevent rotting", delete the words"metal or". Page 2 (PDF2 of 104) Under Task "h": In sentence," Provide newslab mounted4door metal storage shed", delete the words "metal storage shed" and replace with "vinyl storage shed to match existing". TECHNICALREQUIREMENTS: Page 61 (PDFPage 61 of 104) Delete Paragraph "h. Asphalt Walkway". Page 65 (PDFPage 65 of 104) In Paragraph"m": In sentence "Provide and install newdecorative metal or fiberglass columnsas approvedby the Contracting Officer", delete the words"metal or". In Paragraph "o": In sentence," Provide prefabricated pad mountedmetal storage shed", delete the words "metal storage shed" and replace with "vinyl storage shed to match existing". ATTACHMENTS: AttachmentNo. 5, Page 83 (PDFPage 88 of 104) In row23, changethe quantity of item H from 60 to unit to 10 units. Thelocation of the units to receive the newsheds shall be identified by the contracting officer. AttachmentNo. 6, Page 85 (PDFPage 90 of 104) In row7, changethe quantity of 174 units to 240 for the Total Cost for Project for the BathroomRepairs.

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N62472-02-C-0095 Page 5 of 22 AttachmentNo. 6, Page 86 (PDFPage 91 of 104) In line 18, change the label "Replace Shed" to" Provide New Vinyl Shed" In line 23, change the quantity of 60 units to 10 units and change the label "Total Shed DoorCost" to "Total Cost for Project".

Amendment Format: Line counting contained in this amendment starts with the paragraph title as line one and includes all lines containing text or numbers.The header (Project Title, Location, and Contract Number) the top at of each page is not counted whenthe line count starts from the top of the page. Chang¢s Solicitation Documents Specifications: To and DESCRIPTIONOF TASKS: Page 1 (PDFPage 1 of 104): th Under Summary Work,Paragraph "a": Delete "provide storage sheds" from the 12 of line. Page 2 (PDF2 of 104) Delete paragraph h. entitled "Shed Replacement". TECHNICALREQUIREMENTS: Page 65 (PDFPage 65 of 104) Delete paragraph o. "Storage Shed" and its requirements. ATTACHMENTS: AttachmentNo. 5, Pages 82 & 83 (PDFPages 88 & 89 of 104) Delete Column from the Table. "H" AttachmentNo. 6, Page 86 (PDFPage 91 of 104) Deleteitems listed in lines 18 - 23.

DELIVERY OF PROPOSAL Proposer shall affix their nameand return address in the upper left hand comerof the proposal envelope. Envelopes containing proposals must be sealed. The outermost envelope or wrapper of the proposal package should clearly identify the solicitation numberand the date and time of proposal due date. All hand delivered proposals must be deposited in the bid/proposal box of the office of: Engineering Field Activity, Northeast Naval Facilities Engineering Command TinicumIndustrial Park Mail Stop #82 Lester, PA 19113-2090 Northern Division is located in Building G in the TinicumIndustrial Park on AmericanWay offthe North Loop. The Bid/Proposalbox is located in the lobby on the first floor of the building and is clearly marked "Bid/Proposal Box". Hand-carried bids must be deposited by a representative of the offeror in the "Proposal Box" at the above address prior to the time and date set for receipt of proposals. All hand carried proposals submitted after the time and date set for receipt will not be accepted.

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N62472-02-C-0095 Page 6 of 22 Proposals tendered by a commercial carrier (e.g. Federal Express, United Parcel Service, Purolator Courier, etc.) are considered hand-carried Proposals. Offerors are responsible for ensuring these proposals are deposited directly in the proposal box, by whomever delivers that proposal on the offerors behalf, prior to the proposal opening time. The government will not deposit hand-carried proposals in the bid box nor acknowledge receipt of such from the bid/proposal box shall render the proposal late. If commercial carriers are used, the proposer is responsible for ensuring carrier personnel are given correct proposal deposit instructions. Mailed proposal shall be sent to the address identified in Block 8 of the StandardForm1442, Solicitation, Offer and Award.

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N62472-02-C-0095 Page 7 of 22 SECTION 00100 Bidding Schedule/Instructions to Bidders

CLAUSESINCORPORATED REFERENCE: BY

52.203-6

Restrictions On Subcontractor Sales To The Government

JUL 1995

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N62472-02-C-0095 Page 8 of 22 SECTION 00700 Contract Clauses

CLAUSESINCORPORATED REFERENCE: BY

52.202-1Alt I 52.203-3 52.203-5 52.203-7 52.203-10 52.203-12 52.204-4 52.209-6 52.211-13 52.211-18 52.215-2 52.215-11 52.215-13 52.215-21 52.216-7Alt I 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 52.225-13 52.226-1 52.227-1 52.227-2 52.227-4

Definitions (Dec 2001) -Alternate Gratuities Covenant Against Contingent Fees Anti-Kickback Procedures Price Or Fee AdjustmentFor Illegal Or ImproperActivity Limitation OnPaymentsTo Influence Certain Federal Transactions Printed or Copied Double-Sided on Recycled Paper Protecting the Government'sInterest WhenSubcontracting With Contractors Debarred, Suspended, or Proposed for Debarment Time Extensions Variation in Estimated Quantity Audit and Records-Negotiation Price Reductionfor Defective Cost or Pricing Data--Modifications Subcontractor Cost or Pricing Data-Modifications Requirementsfor Cost or Pricing Data or Information Other Than Cost or Pricing Data-Modifications Allowable Cost and Payment(Feb 2002) - Alternate Utilization of Small Business Concerns Limitations On Subcontracting Notice To The GovernmentOf Labor Disputes Convict Labor Contract WorkHours and Safety Standards Act - Overtime Compensation Davis Bacon Act Withholding of Funds Payrolls and Basic Records Apprentices and Trainees Compliance with Copeland Act Requirements Subcontracts (Labor Standards) Contract Termination-Debarment Compliancewith Davis -Bacon and Related Act Regulations. Disputes Concerning Labor Standards Certification of Eligibility Prohibition Of SegregatedFacilities Equal Opportunity Affirmative Action ComplianceRequirementsfor Construction Equal Opportunity For Special Disabled Veterans, Veterans of the VietnamEra and Other Eligible Veterans Affirmative Action For WorkersWithDisabilities Employment Reports On Special Disabled Veterans, Veterans Of The Vietna~ Era and Other Eligible Veterans Restrictions on Certain Foreign Purchases Utilization Of Indian Organizations And Indian-Owned Economic Enterprises Authorization and Consent Notice And Assistance Regarding Patent And Copyright Infringement Patent Indemnity-Construction Contracts

MAY 2001 APR 1984 APR 1984 JUL 1995 JAN 1997 JUN 1997 AUG2000 JUL 1995 SEP 2000 APR 1984 .rUN 1999 OCT1997 OCT1997 OCT1997 FEB1997 OCT2000 DEC1996 FEB1997 AUG1996 SEP 2000 FEB 1995 FEB 1988 FEB 1988 FEB 1988 FEB 1988 FEB 1988 FEB 1988 FEB 1988 FEB 1988 FEB 1988 FEB 1999 APR 2002 FEB 1999 DEC2001 JUN 1998 DEC2001 JUL2000 JUN2000 JUL1995 AUG1996 APR1984

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N62472-02-C-0095 Page 9 of 22 52.228-1 52.228-11 52.228-14 52.229-4 52.229-5 52.230-2 52.232-5 52.232-17 52.232-23Alt I 52.232-25 52.232-27 52.232-33 52.233-1 52.233-3 52.236-2 ~52.236-3 52.236-5 52.236-6 52.236-7 52.236-8 52.236-9 52.236-10 52.236-11 52.236-12 52.236-13 52.236-15 52.236-17 52.236-26 52.242-13 52.242-14 52.243-4 52.244-5 52.244-6 52.245-1 52.246-12 52.246-21 52.247-34 52.248-3 52.249-2 52.249-2/kitI 52.249-10 52.253-1 252.203-7001 252.204-7003 252.204-7004 252.205-7000 252.209-7000 252.209-7004 252.215-7000 Bid Guarantee Pledges Of Assets Irrevocable Letter of Credit Federal, State AndLocal Taxes ~oncompetitive Contract) Taxes--Contracts Performed In U S Possessions Or Puerto Rico Cost Accounting Standards Paymentsunder Fixed-Price Construction Contracts Interest Assignment Claims (Jan 1986) - Alternate of Prompt Payment Prompt Paymentfor Construction Contracts Paymentby Electronic Funds Transfer--Central Contractor Registration Disputes Protest After Award Differing Site Conditions Site Investigation and Conditions Affecting the Work Material and Workmanship Superintendence by the Contractor Permits and Responsibilities Other Contracts Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements Operations and Storage Areas Use and Possession Prior to Completion Cleaning Up Accident Prevention Schedules for Construction Contracts Layout of Work Preconstruction Conference Bankruptcy Suspension of Work Changes Competition In Subcontracting Subcontracts for Commercial Items Property Records Inspection of Construction Warranty of Construction F.O.B. Destination Value Engineering-Construction Termination For ConvenienceOf The Government (Fixed-Price) Termination for Convenience the Government of (Fixed-Price) (Sep 1996)- Alternate Default (Fixed-Price Construction) Computer Generated Forms Prohibition OnPersons Convicted of Fraud or Other DefenseContract-Related Felonies Control Of GovernmentPersonnel WorkProduct Required Central Contractor Registration Provisions Of Information To Cooperative AgreementHolders Acquisition From Subcontractors Subject To On-Site Inspection Under The Intermediate RangeNuclear Forces (INF) Treaty Subcontracting With Finns That Are Owned Controlled By The or Government a Terrorist Country of Pricing Adjustments SEP 1996 FEB 1992 DEC1999 JAN1991 APR1984 APR1998 MAY1997 JUN1996 APR1984 FEB 2002 FEB 2002 MAY1999 DEC1998 AUG1996 APR 1984 APR 1984 APR 1984 APR1984 NOVI991 APR 1984 AIR 1984 APR 1984 APR 1984 APR 1984 NOV1991 APR 1984 APR1984 FEB 1995 JUL1995 APR1984 AUG1987 DEC1996 MAY2002 APR 1984 AUG1996 MAR1994 NOV1991 FEB 2000 SEP 1996 SEP 1996 APRI984 JAN1991 MAR1999 APR 1992 NOV2001 DEC1991 NOV1995 MAR1998 DEC1991

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N62472-02-C-0095 Page 10 of 22 252.222-7000 252.222-7000 252.223-7004 252.225-7012 252.225-7031 252.226-7001 252.236-7000 252.236-7001 252.236-7006 252.242-7000 252.243-7001 252.243-7002 252.244-7000 252.246-7000 252.247-7023 252.247-7024 Restriction On Employment Personnel Of Restriction On Employment Personnel Of Drug Free WorkForce Preference For Certain Domestic Commodities Secondary Arab Boycott Of Israel Utilization of Indian Organizations and Indian-Owned Economic Enterprises-DoD Contracts Modification Proposals -Price Breakdown Contract Drawings, Maps, and Specifications Cost Limitation Postaward Conference Pricing Of Contract Modifications Requests for Equitable Adjustment Subcontracts for CommercialItems and CommercialComponents (DoDContracts) Material Inspection And Receiving Report Transportation of Supplies by Sea Notification Of Transportation Of Supplies By Sea MAR2000 MAR2000 SEP 1988 APR 2002 JUN 1992 SEP2001 DEC1991 AUG2000 JAN 1997 DEC1991 DEC1991 MAR1998 MAR2000 DEC1991 MAR2000 MAR2000

CLAUSES INCORPORATED FULL TEXT BY

52.203-8 CANCELLATION, RESCISSION, ANDRECOVERY FUNDSFOR ILLEGALOR IMPROPER OF ACTMTY (JAN 1997) (a) If the Government receives information that a contractor or a p erson has engagedin conduct constituting violation of subsection(a), (b), (c), or (d) of Section 27 of the Office of Federal Procurement Policy Act (41 423) (the Act), as amended section 4304of the 1996 National Defense Authorization Act for Fiscal Year 1996 by (Pub. L. 104-106), the Government may-(1) Cancelthe solicitation, if the contract has not yet beenawarded issued; or (2) Rescindthe contract with respect to which-(i) The Contractor or someone acting for the Contractor has been convicted for an offense wherethe conduct constitutes a violation of subsection 27(a) or (b) of the Act for the purposeof either(A) Exchanging information covered by such subsections for anything of value; the (B) Obtaining or giving anyonea competitive advantage in the award of a Federal agency procurementcontract; (ii) The head of the contracting activity has determined, based upona preponderance the evidence, that the of Contractor or someone acting for the Contractor has engagedin conduct constituting an offense punishable under subsections 27(e)(1) of the (b) If the Government rescinds the contract under paragraph(a) of this clause, the Government entitled to recover, is in addition to any penalty prescribed by law, the amountexpendedunder the contract. (c) The rights and remediesof the Government specified herein are not exclusive, and are in addition to any other rights and remedies providedby law, regulation, or under this contract. (End of clause) 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION WORK OF (APR 1984)

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N62472-02-C-0095 Page 11 of 22

The Contractor shall be required to (a) commence under this contract within (Contracting Officer insert work number) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) completethe entire workready for use not later than .365 calendar days. Thetime stated for completionshall include final cleanup of the premises. *TheContracting Officer shall specify either a number days after the date the contractor receives the notice to of proceed, or a calendar date. (End of clause) 52.211-12 LIQUIDATEDDAMAGES--CONSTRUC~ON (SEP 2000) (a) If the Contractorfails to completethe workwithin the time specified in the contract, the Contractor shall pay liquidated damages the Government the amountof $1450.00for each calendar day of delay until the work is to in completed or accepted. (b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the workis completed. These liquidated damagesare in addition to excess costs of repurchase under the Termination clause. (End of clause) 52.219-11 SPECIAL8(a) CONTRACT CONDITIONS (FEB 1990) The Small Business Administration (SBA)agrees to the following: (a) Tofurnish the supplies or services set forth in this contract accordingto the specifications and the terms and conditions hereof by subcontracting with an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended U.S.C. 637(a)). (15 (b) That in the event SBA does not awarda subcontract for all or a part of the workhereunder, this contract may terminated either in wholeor in part without cost to either party. (c) Except for novation agreements and advance payments, delegates to the EFANE Contracting Officerthe responsibility for administering the subcontract to be awardedhereunder with complete authority to take any action on behalf of the Government under the terms and conditions of the subcontract; provided, however, that the EFNAE, ContractingOfficer shall give advancenotice to the SBA before it issues a final notice terminating the right of a subcontractor to proceedwith further performance,either in wholeor in part, under the subcontract for default or for the convenience of the Government. (d) That paymentsto be madeunder any subcontract awardedunder this contract will be madedirectly to the subcorttractor by the EFANE Contracting Officer. (e) That the subcontractor awardeda subcontract hereunder shall have the right of appeal from decisions of the Contracting Officer cognizable under the "Disputes" clause of said subcontract. (f) To notify the EFANE_Contracting Officer immediatelyuponnotification by the subcontractor that the owner ownersupon whom 8(a) eligibility was based plan to relinquish ownershipor control of the concern. (End of clause) 52.223-6 DRUG-FREEWORKPLACE (MAY2001) (a) Definitions. Asused in this clause

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"Controlled substance" meansa controlled substance in schedules I through V of section 202 of the Controlled SubstancesAct (21 U.S.C. 812) and as further defined in regulation at 21 CFR 1308.11- 1308.15. "Conviction" means finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, a any judicial bodycharged with the responsibility to deter- mineviolations of the Federal or State criminal drug statutes. "Criminal drug statute" meansa Federal or non-Federal criminal statute involving the manufacture,distribution, dispensing, possession, or use of any controlled substance. "Drug-free workplace"meansthe site(s) for the performanceof work done by the Contractor in connection with specific contract whereemployeesof the Contractor are prohibited from engagingin the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. "Employee" means an employeeof a Contractor directly engaged in the performance of work under a Government contract. "Directly engaged"is defined to include all direct cost employeesand any other Contractor employeewho has other than a minimalimpact or involvementin contract performance. "Individual" meansan offeror/contractor that has no more than one employee including the offeror/contractor. (b) The Contractor, if other than an individual, shall-- within 30 days after award(unless a longer period is agreed in writing for contracts of 30 days or moreperformance duration), or as soon as possible for contracts of less than 30 days performance duration-(1) Publish a statement notifying its employeesthat the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Contractor's workplaceand specifying the actions that will be taken against employees violations of such prohibition; for (2) Establish an ongoing drug-flee awareness program to inform such employees about(i) Thedangers of drug abuse in the workp lace; (ii) The Contractor's policy of maintaininga drug-free workplace; (iii) Anyavailable drug counseling, rehabilitation, and employee assistance programs;and (iv) The penalties that maybe imposeduponemployeesfor drug abuse violations occurring in the workplace; (3) Provide all employeesengagedin performanceof the contract with a copy of the statement required subparagraph(b)(1) of this clause; (4) Notify such employees writing in the statement required by subparagraph(b)(1) of this clause that, in condition of continued employment this contract, the employee on will-(i) Abideby the terms of the statement; and (ii) Notify the employer writing of the employee's in conviction under a criminal drug statute for a violation occurring in the workplaceno later than 5 days after such conviction. (5) Notify the ContractingOfficer in writing within 10 days after receiving notice under subdivision (b)(4)(ii) clause, from an employee otherwise receiving actual notice of such conviction. Thenotice shall include the or position title of the employee; (6) Within3 0 days after receiving notice under subdivision (b)(4)(ii) of this clause of a conviction, take one

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N62472-02-C-0095 Page 13 of 22 following actions with respect to any employee is convicted of a drug abuse violation occurring in the who workplace: (i) Takingappropriate personnel action against such employee,up to and including termination; (ii) Require such employee satisfactorily participate in a drug abuse assistance or rehabilitation programapproved to for such purposesby a Federal, State, or local health, law enforcement,or other appropriate agency; and (7) Make goodfaith effort to maintain a drug-free workplacethrough implementationof subparagraphs(b)(1) a though(b)(6) of this clause. (c) TheContractor, if an individual, agrees by awardof the contract or acceptance of a purchaseorder, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance while performing this contract. (d) In addition to other remediesavailable to the Government, Contractor's failure to comply the with the requirements of paragraph (b) or (c) of this clause may,pursuant to FAR 23.506, render the Contractor subject suspension of contract payments,termination of the contract for default, and suspension or debarment. (End of clause) 52.225-9 BUY AMERICANACT--CONSTRUCTIONMA~RIALS (MAY 2002)

(a) Definitions. As used in this clause-Component means article, material, or supply incorporated directly into a construction material. an Constructionmaterial means article, material, or supply brought to the construction site by the Contractor or a an subcontractor for incorporation into the building or work. Theterm also includes an item brought to the site preassembledfrom articles, materials, or supplies. However, emergencylife safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or workand that are producedas completesystems, are evaluated as a single and distinct construction material regardless of whenor howthe individual parts or components those systems are delivered to the construction site. of Materials purchased directly by the Government supplies, not construction material. are Cost of components means-(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whetheror not a duty-free entry certificate is issued); (2) For componentsmanufacturedby the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph(1) of this definition, plus allocable overheadcosts, but excluding profit. Cost of componentsdoes not include any costs associated with the manufacture of the end product. Domestic construction material means(1) Anunmanufactured construction material minedor produced in the United States; (2) A construction material manufactured the United States, if the cost of its components in mined,produced, manufacturedin the United States exceeds 50 percent of the cost of all its components.Components foreign of origin of the sameclass or kind for whichnonavailability determinations have been madeare treated as domestic. Foreign construction material meansa construction material other than a domestic construction material.

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United States meansthe 50 States and the District of Columbia,U.S. territories and possessions, Puerto Rico, the Northern MarianaIslands, and any other place subject to U.S. jurisdiction, but does not include leased bases. (b) Domesticpreference. (1) This clause implementsthe BuyAmericanAct (41 U.S.C. 10a-10d) by providing preference for domestic construction material. The Contractor shall use only domestic construction material in performingthis contract, except as providedin paragraphs(b)(2) and (b)(3) of this (2) This requirement does not apply to the construction material or components listed by the Government follows: as [ContractingOfficer to list applicable exceptedmaterials or indicate "none"] (3) TheContracting Officer mayadd other foreign construction material to the list in paragraph(b)(2) of this if the Government determines that (i) The cost of domestic construction material wouldbe unreasonable. The cost of a particular domestic construction material subject to the requirements of the BuyAmericanAct is unreasonable whenthe cost of such material exceeds the cost of foreign material by morethan 6 percent; (ii) Theapplication of the restriction of the BuyAmerican to a particular construction material would Act impracticableor inconsistent with the public interest; or (iii) The construction material is not mined,produced,or manufactured the United States in sufficient and in reasonablyavailable commercial quantities of a satisfactory quality. (c) Requestfor determination of inapplicability of the BuyAmerican Act. (1)(i) AnyContractor request foreign construction material in accordancewith paragraph (b)(3) of this clause shall include adequateinformation 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 delivery or availability; of (F) Locationof the construction project; (G) Name address of the proposed supplier; and and (H) A detailed justification of the reason for use of foreign construction materials cited in accordancewith paragraph (b)(3) of this clause. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completedprice comparison table in the format in paragraph(d) of this clause. (iii) Theprice of construction material shall include all delivery costs to the construction site and any applicable duty (whetheror not a duty-free certificate maybe issued). (iv) AnyContractor request for a determination submitted after contract awardshall explain whythe 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 makea determination.

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(2) If the Government determines after contract awardthat an exception to the BuyAmericanAct applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modifythe contract to allow use of the foreign construction material. However, whenthe basis for the exception is the unreasonableprice 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 BuyAmericanAct applies, use of foreign construction material is noncompliantwith the BuyAmericanAct. (d) Data. To permit evaluation of requests under paragraph(c) of this clause based on unreasonablecost, 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 ........................................................................ Include all delivery costs to the construction site and any applicable duty (whetheror 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. (End of clause) 52.236-1 PERFORMANCE WORK THE CONTRACTOR OF BY (APR 1984) TheContractor shall performon the site, and with its ownorganization, workequivalent to at least twenty percent (20%) of the total amountof work to be performedunder the contract. This percentage maybe reduced by supplementalagreementto this contract if, during performingthe work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

52.236-21 SPEC~ICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) (a) TheContractor shall keep on the worksite a copy of the drawingsand specifications and shall at all times give the Contracting Officer access thereto. Anythingmentionedin the specifications and not shownon the drawings, or shownon the drawingsand not mentioned the specifications, s hall be of like effect as if shownor mentionedin in both. In case of difference betweendrawingsand specifications, the specifications shall govern. In case of discrepancyin the figures, in the drawings, or in the specifications, the matter shall be promptlysubmitted to the Contracting Officer, whoshall promptly makea determination in writing. Anyadjustment by the Contractor without such a determinationshall be at its ownrisk and expense. TheContracting Officer shall furnish from time to time such d etailed drawingsand other information as considered necessary, unless otherwise provided. (b) Whereverin the specifications or uponthe drawingsthe words"directed", "required", "ordered", "designated", "prescribed", or wordsof like importare used, it shall be understoodthat the "direction", "requirement", "order", "designation", or "prescription", of the Contracting Officer is intended and similarly the words"approved",

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N62472-02-C-0095 Page 16 of 22 "acceptable", "satisfactory", or wordsof like import shall mean"approvedby," or "acceptable to", or "satisfactory ¯ to" the Contracting Officer, unless otherwise expressly stated. (c) Where shown,"as indicated", "as detailed", or wordsof similar import are used, it shall be understoodthat "as the reference is madeto the drawings accompanying this contract unless stated otherwise. The word "provided" as used herein shall be understood to mean"provide completein place," that is "furnished and installed". (d) Shop drawings meansdrawings, submitted to the Government the Contractor, subcontractor, or any lower tier by subcontractor pursuant to a construction contract, showingin detail (1) the proposedfabrication and assembly structural elements,and (2) the installation (i.e., fit, andattachmentdetails) of materials or equipment. includes It drawings,diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance test data, and and similar materials furnished by the contractor to explain in detail specific portions of the workrequired by the contract. The Government duplicate, use, and disclose in any mannerand for any purpose shop drawings may delivered under this contract. (e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review themfor accuracy, completeness, and compliancewith contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor's approval maybe retumed for resubmission. TheContracting Officer will indicate an approval or disapproval of the shop drawings and if not approvedas submitted shall indicate the Government's reasons therefor. Anyworkdone before such approval shall be at the Contractor's risk. Approvalby the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissionsin such drawings, nor from responsibility for complyingwith the requirements of this contract, except with respect to variations described and approvedin accordance with (f) below. (f) If shop drawingsshowvariations from the contract requirements, the Contractor shall describe such variations writing, separate from the drawings, at the time of submission. If the Contracting Officer approves anysuch variation, the ContractingOfficer shall issue an appropriate contract modification,except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued. (g) TheContractor shall submit to the Contracting Officer for approval four copies (unless otherwise indicated) all shop drawingsas called for under the various headings of these specifications. Three sets (unless otherwise indicated) of all shop drawings, will be retained by the Contracting Officer and one set will be returned to the Contractor. (End of clause) 52.252-2 CLAUSES INCORPORATED REFERENCE BY (FEB 1998) This contract incorporates one or moreclauses by reference, with the same force and effect as if they were given in full text. Upon request, the ContractingOfficer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

252.219-7009 SECTION8(A) DIRECT AWARD (MAR2002) (a) Thiscontract is issued as a direct award between contractingoffice andthe 8(a) Contractor the pursuantto the Partnership Agreemertt dated February1, 2002, between SmallBusinessAdministration the (SBA)and the Department Defense. of Accordingly, SBA, if not identified in SectionA &thiscontract, is the primecontractorandretains responsibilityfor the even 8(a) certification, for 8(a) eligibility determinations related issues, andfor providing and counseling assistanceto the and Contractor underthe 8(a) Program. cognizantSBA The district office is: Newark,NJ Office

0OOO].?7

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N62472-02-C-0095 Page 17 of 22 (b) Thecontracting office is responsible for administering the contract and for taking any action on behalf of the Government under the terms and conditions of the contract; provided that the contracting office shall give advance notice to the SBA before it issues a final notice terminating performance,either in wholeor in part, under the contract. Thecontracting office also shall coordinate with the SBA prior to processing any novation agreement. The contracting office mayassign contract administration functions to a contract administration office. (c) The Contractor agrees that-(1) It will notify the ContractingOfficer, simultaneouswith its notification to the SBA required by SBA's (as 8(a) regulations at 13 CFR 124.308), whenthe owneror ownersuponwhom 8(a) eligibility is based plan to relinquish ownershipor control of the concern. Consistent with Section 407 of Pub. L. 100-656, transfer of ownershipor control shall result in termination of the contract for convenience,unless the SBA waivesthe requirementfor termination prior to the actual relinquishing of ownershipand control; and (2) It will not subcontract the performance any of the requirementsof this contract without the prior written of approval of the SBA the Contracting Officer. and (End of Clause) 252.219-7010 ALTERNATE (JUN 1998) A (a) Offers are solicited only from small business concems expressly certified by the Small Business Administration (SBA)for participation in the SBA's 8(a) Program whichmeet the following criteria at the time of submission and of offer(1) TheOfferor is in conformance with the 8(a) support limitation set forth in its approvedbusiness plan; (2) The Offeror is in conformance with the Business Activity Targets set forth in its approvedbusiness plan or any remedial action directed by the SBA. (b) Bysubmission its offer, the Offerorrepresents that it meetsall of the criteria set forth in paragraph of of (a) clause. (c) Anyawardresulting from this solicitation will be madedirectly by the ContractingOfficer to the successful 8(a) offeror selected throughthe evaluationcriteria set forth in this solicitation. (d)(1) Agreement.A small business concern submitting an offer in its ownnameagrees to furnish, in performing contract, only end items manufacturedor producedby small business concerns in the United States. The term "United States" includes its territories and possessions, the Commonwealth Puerto Rico, the trust territory of the of Pacific Islands, and the District of Columbia.If this procurement processed under simplified acquisition is procedures and the total amountof this contract does not exceed $25,000, a small business concern mayfurnish the product of any domestic firm. This subparagraph does not apply in connection with construction or service contracts. (2) The OakEnvironmentalwill notify EFANE, Lester, PA Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party. (End of clause) 5252.228-9305 - NONCE BONDINGREQUIREMENTS OF ~EC 2000)

Wlthm~ days after receipt of award, the bidder/offeror to whom award is made shall furnish the the following bond(s) each with Satisfactory security;

0000£1

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N62472-02-C-0095 Page 18 of 22 ~+~: A PerformanceBond(Standard Form 25). The performance bond shall be in a penal sum equal to 100% rcent of the contract price. A PaymentBond (Standard Form 25A). The paymentbond shall be in a penal sum equal to 100% the of contract price. holding a certificate of authority from the Secretary of Treasury as an acceptable (b) Anysurety company Surety on Federal bonds will be accepted. Individual sureties will be permitted as prescribed in FAR 28.203and FAC 5252.228-9300. Alternative types of security in lieu of furnishing sureties on performanceand/or paymentbonds will be permitted as prescribed in FAR 28.204, and will be held for at least one year after the completionof the contract. Additional bondsecurity maybe required as prescribed in FAR 52.228-2. Bondsshall be accompaniedby a documentauthenticating the agent's authority to sign bonds for the surety company. (c) The contract time for purposes of fixing the completiondate, default, and liquidated damagesshall begin to run days from the date of award, regardless of when performance and payment bonds or deposits in lieu of surety are executed. (End of clause)

~

5252.236-9310

-~CORD DRAWINGS (,IUN 1994)

TheContractor shall maintain at the job site two sets of full-size prints of the contract drawings,accurately markedin red with adequate dimensions, to showall variations betweenthe construction actually provided and that indicated or specified in the contract documents,including buried or concealed construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ fromthe contract drawings. Existing utility lines and features revealed during the course of construction, shall also be accurately located and dimensioned.Variations in the interior utility systems shall be clearly defined and dimensioned;and coordinated with exterior utility connectionsat the building five-foot line, whereapplicable. Existing topographicfeatures which differ from those shownon the contract drawingsshall also be accurately located and recorded. Where choice of a materials or methods permitted herein, or wherevariations in scope or character of methodsis permitted herein, or is wherevariations in scope or character of workfrom that of the original contract are authorized, the drawingsshall be markedto define the construction actually provided.The representations of such changes shall conformto standard drafting practice and shall include such supplementarynotes, legends, and details as necessary to clearly portray the as -built construction. These drawings shall be available for review by the Contracting Officer at all times. Upon completionof the work, both sets of the marked prints shall be certified as correct, signed by the up Contractor, and delivered to the Contracting Officer for his approval before acceptance. Requestsfor partial paymentswill not be approvedif the marked prints are not kept current, and request for final payment will not be approveduntil the markedprints are delivered to the Contracting Officer. (End of clause) CLAUSE 5252.236-9999, "Equitable Adjustments: Waiver and Release of Claims" a. Whenever Contractor submits a claim for equitable adjustment under any clause of this Contract which the provides for equitable adjustmentof the Contract, such claim shall include all types of adjustmentsin the total amountsto whichthe clause entitles the Contractor, including, but not limited to, adjustmentsarising out or delays or disruptions or both caused by such change. b. Except as the parties mayotherwise expressly agree, the Contractor shall be deemedto have waived(1) any adjustmentsto whichit otherwise might be entitled under the clause wheresuch claim fails to request such adjustments, and (2) any increase in the amountof equitable adjustments additional to those requested in its claim. c. TheCo ntractor agrees that, if required by the Contracting Officer, he/she will execute a release, in form and substance satisfactory to the Contracting Officer, as part of the supplementalagreementsetting forth the aforesaid equitable adjustment. The contractor further agrees that such release shall discharge the Government, its officers, agents and employees, from any further claims, including but not limited to, further claims arising out of delays or disruptions or both caused by the aforesaid change.

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N62472-02-C-0095 Page 19 of 22 5252.245-9302 - LIMITED ASSUMPTION RISK BY GOVERNMENT 1994) OF (JUN

(a) Title of all workin place shall be in the Govemment, title to all property intendedfor incorporation and in the workshall vest in the Government upondelivery thereof to the site of the work. Theterm "Governmentowned property" as used in this clause refers to such workin place and to such other property as to whichtitle has vested in the Government includes any property furnished or rented to the Contractor by the Government. and Upon completion of the work, any such Government-owned property not a part of the work (except property rented to, or furnished without charge to the Contractor by the Government) shall becomethe property of the Contractor. The vesting of title in the Government, providedin this paragraph, shall in no wayrelieve the Contractor of any as obligations otherwise provided in this contract in respect to such Government-owned property except as expressly stated in paragraph(b) of this clause. (b) The Contractor represents that the contract price does not include the cost of insurance, nor any provision for a reserve, covering the risk assumedby the Government under this paragraph. The Government assumesthe risk of loss or damageto such Government-owned property (including expenses incidental to such loss or damage)whichresults directly or indirectly from the explosion of Government-owned controlled munitions or (including, without limitations, ammunition,bombs,powder, dynamite and other explosives), whether or not caused by negligence, except that the Government does not assumeat any time the risk of, and the Contractor shall be responsible for, such loss or damage whichis in fact covered by insurance or for whichContractor is otherwise (1) reimbursed,or (2) whichresults from disregard of proper instructions of the ContractingOfficer, on the part of any of the Contractor'sdirectors, officers or any other representatives having supervision or direction of all or substantially all the Contractor's operations under this contract. (c) In the event of loss or damage Government-owned to property resulting from the risk assumed the by Government hereunder, the Contracting Officer shall determine whether, and to what extent, such property shall be rebuilt, repaired or replaced by the Contractor or otherwise. Shouldthis determination cause an increase or decrease in the cost of doing the workunder this contract or time required for its performance,an equitable adjustment shall be madeas provided in the changes clause of the contract. (d) The provisions contained in the statement of workunder "Permits and Responsibilities," are to deemed modifiedby this clause only to the extent required to give effect to the limited assumption risk provided of in this clause. (End of clause)

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N62472-02-C-0095 Page 20 of 22 SECTION 00800 Special Contract Requirements

ACCOUNTINGAND APPROPRIATION DATA AA: AMOUNT: FUNDING ACRN: AA AMOUNT: 17 0202180460FA000 69078 068732 2D C2H025 $2,453,163.00 JOB ORDERNO

324112RSF01Q QUANTITY

General Decision NumberR~020003
General Decision NumberRI020003 SupersededGeneral Decision No. RI010003 State: Rhode Island Construction Type: RESIDENTIAL County(ies): NEWPORT RESIDENTIALCONSTRUCTION PROJECTS (consisting homes and apartmentsup to and including 4 stories) Modification 0 COUNTY'(ies): NEWPORT ROOF0033B 08/01/2001 Rates ROOFER 22.70 Fringes 10.35 NumberPublication 03/01/2002 Date of single family

SURI4003A 04/12/1999 Rates BRICKLAYERS Fringes 21.70 10.85

CARPENTERS(Including Drywall Hanging Metal Stud Framing, FormSetting, Batt Insulation, Downspouts and

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N62472-02-C-0095 Page21 of 22 Gutter installation) ELECTRICIANS LABORERS, UNSKILLED 12.95 5.51

18.49 3.92 13.23 3.80 2.65

16.55 PAINTERS, BRUSH ROLLER & PIPEFITTERS 3.07 17.83 PLUMBERS 23.69 8.76 POWER EQUIPMENTOPERATORS: Backhoe, Bulldozer 11.71 2.33 SHEET METAL WORKERS (HVACDuct Work) 24.21

4.24

WELDERS - Receive rate prescribedfor craft performing operation to which welding incidental. is Unlistedclassifications needed worknot included for within the scope the classifications listed may added of be after award only as provided the labor standards in contract clauses (29 CFR 5.5(a)(1)(v)). In the listing above, "SU"designation the means rates that listed under identifier donot reflect collectively that bargained wage fringe benefit rates. Otherdesignations and indicate unionswhose rates havebeendetermined be to prevailing. WAGE DETERMINATIONAPPEALSPROCESS 1.) Has there been initial decisionin the matter?Thiscan an be: * an existing published wage determination * a surveyunderlyinga wage determination * a Wage Hour and Divisionletter setting forth a position on a wage determination matter * a conformance (additional classification andrate) ruling Onsurvey related matters,initial contact,includingrequests for summaries surveys,shouldbe with the Wage Hour .of and Regional Office for the areain whichthe surveywasconducted because those Regional Offices haveresponsibility for the