Free Motion for Summary Judgment - District Court of Federal Claims - federal

Case 1:98-cv-00868-FMA

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S OLT(~I~TTC~N : ~1626:~4-0~-A-O282 .............. .S.ECTION .I.A'Ff'ACHMENT 1,1 1,2 TITLE Statementof Work General Wage Decision IL960001 General Wage Decision IL960002 General Wage Decision IL960003 Counties Minority Partic/pationfor eac~h end trade Qualification Submission Information Division 1 - General Requirements Technical Specifications Unit Pric~...Schedule LIST OF' ATTACHMENTS

S E~-TIO N1

1.3 1.4 1.5 1.6 1.7

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SOLICITATION: 162640-96-A-0282 PART3 - SOLICITATION PROVISIONS SECTION - INSTRUCTIONS OFFERORS J TO J.1 "P(PE OFCONTRACT (Provision 5-1) (October 1987)

-~E-C-TT0~ = .... -j ......

ThePostal Service plans to awardan Indefinite Quantity type of contract underthis solicitation, andall proposalsmustbe submittedon this basis. Alternate proposalsbasedon othercontract types[ ] will [ X ] will not be considered. INFORMATION "EQUAL"PRODUCTS ON (Provision OA-1) (June 1988)

Offerors proposing furnish an "equal" product, in accordance the Brand to with Name or Equal provision this solicitation, must of provide followinginformation the offeredproduct: the for a. Item Number: b. Manufacturer'sName: c. Address: d. Product Name any): (if" e. ProductMake, Model,or Catalog Description: J:3 PREPROPOSAL CONFERENCE (Provision OA-7) (June 1988)

a. The---'~ostal Service is planning a preproposai conference during potential contractors ma~_~na better understanding the work required. of / / b. Prospective offerb~sare strongly urgedto visit this site the conference inform to performed. themselves fully aboutthe c. Offerors are encouraged to in writing at least five daysbeforethe , time duringthe conference; however, offerors conference.Questionswill be Subsequent the conference,the Postal to will be asked confirmoral ques.~i~fs~n to Service distributea writte_..O~,~cord will of the ~.to al{ prospectiveofferors that received the solicitation. If an.~-Sar'r~cations arising fromthe"--c.~nference y_.onstitute changes, an amendmen~itation w_ill be issued. d~acilitate conference preparations it is requested that ~he..L3erson named the on ..~~'citation be contacted and advised of the number of pers~l attend.

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SOLICITATION: 162640-96-A-0282

SECTION J

e. -- .... ThePostalService assumes responsibility for anyexpense no incurredby an offeror prior to cont,'~act.award. Offerors ar~utionedthat, notwithstanding remarks clarifications give~o.-at t~e any or f. conference, termsa"r'~, nditions of the solicitation remainunchanged all unle~.~chan- by ged amendment. ,~. ~,',er~ conference, questions, or any sol~ita~ ~qer,~m~nt, create ambiguities, it is the responsibility 5f4~ek cla~e submitting an offer.

'L' CAsL g. The E conference

w"' be E L

J.4

SUBMISSION FINANCIAL OF STATEMENTS (Provision OA-27) (July 1988) Specific reference made SectionK, ProvisionA-l, Preparation Proposals. is to of

~ For the purpose this requiremeotlthe term"current financial statement" definedas of is the data including both the Balance SheetandIncome Statement coveringeachof the offeror's immediate past two fiscal years (normally the mostrecent AnnualReports), together with interim report to as nearthe submission as possible. These date guidelinesare to be observed: a. Statementsshall be prepared in accordancewith "Generally AcceptedAccounting Principles." b. St&tement shall includeall requiredNotes the FinancialStatements. to

c. Statementsmust be certified by either a company executive as to the accuracyand veracity of the statements, by an opinionstatement the faimess the presentation or on of a~era reviewby independent auditors. d. The Income Statements must incorporate or have attached "Scheduleof Cost of Goods Sold." This schedule mustreflect Direct Materials, Direct Labor, andOverhead to compute used the cost of goods sold .amount. It may become necessary the offeror to submitadditionalfinancial information for prior to award. Financial information receivedwill be treated as confidential andwild not be usedfor purposes otherthanevaluation financial responsibility. of

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SG)L-I-GtTATION:162640-96-A-0282....................................................

INSTRUCTIONS FOR THE PREPARATIONOF TECHNICAL AND PRICE PROPOSALS (Provision OA-301) (July 1989) Offerors must submit Technical and Pdce Proposals in accordance with the following instructions: a. Price Proposals: Price Proposalsare not required in responseto this solicitation. Price Proposals will be required for each WorkOrder issued under a contract resulting from this solicitation. Offerorsare requiredto submittheir "Multiplier" on the appropriate line in block 9, on Page "U.S. Postal Service: Offer andAward 1, (Construction) - Indefinite Quantity Contractof this solicitation. TheOfferor's Multiplier will be evaluated by the contracting officer in makinga decisionwhether not to award offeror a contract from this solicitation. or the b. Technical Proposal: Offerors are required to submit technical proposal in responseto Section M, M.3, Contract Awardand Proposal Evaluation (Construction) (Provision OA-16) (June 1988) and Attachment1.4

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SOLICITATION: 162640-96-A-0282 SECTION - SOLI.C1TATION K NOTICES ANDPROVISIONS

SECTIONK

PREPARATIONPROPOSALS OF (Provision A-l) Alternate II (March 1989) a. Each offeror mustfurnish the informationrequiredby the solicitation. Theofferor must sign the proposalandprint or type its name the proposalandeachcontinuation sheet on on whichit makes entry. Erasures other changes an or mustbe initialed by the personsigning the proposal. -. b. In case of discrepancy between unit price/cost andan extended a price/cost, the unit price/cost will be presumed be correct, subject, however, correctionto the same to to extent and in the same manner anyother mistake. as c. Proposals servicesother than thosespecified will not be considered for unlessauthorized bythe solicitation. d. Time, if stated as a numberof days, will include Saturdays, Sundays,and Federal holidays. e. if the proposalexceeds $100,000, the-~offeror mustinclude a copyits current financial statements (mostrecentbalance sheeta.nd~)rofit andloss statement, updated) alternatively, or, be prepared submitsuchdata immediately to uponrequest. Submitted data mustbe certified by a company officer as to accuracy veracity. and SUBMISSION PROPOSALS OF (Provision A-2) (October 1987)

a. Proposals and proposal modifications must be submitted in sealed envelopes or packages: 1. Addressed the office specked the solicitation; and to in

2. Showing time specified fo[ receipt, the solidtation number, the name the and and address the offeror. of b. Telegraphic proposals will not be consideredunless authorized by the solicitation. However, proposals be modifiedby telegraphic notice (including Mailgram) that notice may if received the time specifiedfor receipt of proposals. by K.3 MODIFICATION OR WITHDRAWAL PROPOSALS OF (ProvisionA-3) (October 1987)

Proposals be modified by written notice or telegram(including Mailgram) may received a. beforethe time specifiedfor receipt of proposals.

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SOLICITATION: 162640-96-A-0282

SECTIONK

b. Proposals be withdrawn written notice or telegram(including Mailgram) may by received at any time beforeaward.Proposals be withdrawn person an officer may in by or an authorized representative, if the representative's identity is made knovm the and representative signs a receipt for the proposal beforeaward. K.4 LATE SUBMISSIONS AND MODIFICATIONS PROPOSALS OF (ProvisionA-4) (October1987)

Any proposal or modification of a proposalreceivedat the office designatedin the solicitation a~erthe exacttime specifiedfor receipt will not be considered unlessit is received before awardis made and: a. It is the onlyproposal received; or

b. Consideration the proposal determined the contractingofficer to be in the of is by PostalService's interest. K,5 ACKNOWLEDGMENT SOLICITATION AMENDMENTS OF (ProvisionA-5) (October 1987) Offerorsmustacknowledge reqeipt of anyamendmentthis solicitation: to 1. By signing andreturning the amendment;

2. By identifying the amendment number date in the spaceprovided for this and purpose the solicitation form;or on 3. Byletter or telegram.

b. Acknowledgments amendments subject to the Late Submissions Modifications of are and of Proposals provision of the solicitation. Proposals lacking acknowledgment an amendment of affectingprice, quantity,quality, or deliverymay disregarded. be K.6 EXPLANATION PROSPECTIVE TO OFFERORS (Provision A-6) (October 1987)

Anyprospectiveofferor desiring an explanationor interpretation Of' the solicitation, drawing,or specifications mustrequestit in writing soonenough allow a reply to reachall to prospective offerors beforethe submission their proposals.Oral explanations instructions of or will not be binding.Anyinformation givento a prospective offeror concerning solicitation will be a fumished promptly all other prospective to offerors as an amendmentthe solicitation, if that of information necessary submitting is in offers or if the lack of it would prejudicial to anyother be prospective offerors.

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SOLICITATION: 162640-96-A-0282 K.7 RESTRICTION DISCLOSURE ON AND USE OF DATA (ProvisionA-7) (June1988)

.sECTION-K-......

Offerors that include in their proposals data they do not wantusedor disclosedby the PostalServicefor anypurpose other than proposal evaluationmay take the following steps: a. Mark title page the with the followinglegend: '"this proposal containsdata that may be duplicated,used,or disclosed not outside the Postal Serviceandmay be. duplicated,in whole in part, for anypurpose not or other thanto evaluate this proposal.If, however, contract.is awarded this offeror as a result a to of, or in connection with, the submission suchdata, the Postal Servicewill havethe of dghtto duplicate,use, or disclose datato the extentprovided the resultingcontract. the in This restriction does limit the PostalService's not right to usethe information contained in the data if it is obtained fromanother source withoutrestriction. Thedatasubjectto this restriction are contained sheets [Offerorinsert numbers otheridentification of sheets]." or b. Mark each sheetof datathey wishto restrict with the followinglegend: "Use disclosure datacon,,,tainedon this sheetis subjectto the restriction on or of the title page this proposal." of ,,: K.8 AWARD WITH~DUT DISCUSSIONS (Provision A-g) (October t987)

The Postal Service mayawarda contract on the basis of initial proposalsreceived, withoutdiscussions. Therefore, eachinitial proposal shouldcontainthe offeror's best termsfrom a cost or price andtechnicalstandpoint. K.9 LABOR INFORMATION (Provision A-13) (October 1987)

General informationregardingthe requirements the Walsh-Healey of Public ContractsACt (41 U.S.C. 35-45), the Contract Work HoursandSafety Standards (40 U.S.C.327-333), Act the ServiceContractAct of 1965(41 U.S.C.351et seq.) may obtainedfromthe Department be Labor, 200Constitution Avenue, N.W., Washington, 20210-0999, from any regional office DC or of that agency. K.IO FAILURE SUBMIT TO PROPOSAL (Provision A-14) (October 1987)

Recipientsof this solicitation not responding with a proposalneednot return this solicitation, unless specifiesotherwise. it Instead,theyshould advise issuingoffice byletter the or postcard whether wantto receivefuture solicitations for similar requirements. a recipient they If does submit proposal doesnot notify the issuing office that future not a and solicitations are desired, the recipient's name be removed the applicablemailing list.. may from Failure to submita proposal response five consecutive in to solicitations for the same similar or requirements result in removal may fromthe mailing list, notwithstanding written requestfor any

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SOLICITATION: 162640-86-A-0282

SECTIONK

receipt of future solicitations. A new solicitation mailinglist applicationmust filed to obtain be reinstatement. K.1t PROTESTS (Provision Ao15)(October1987} Protests will be consideredonly if submittedin accordance with the time limits and ~ "~ th8 , ~e , ¯ ............. procedures providedin "'-~-'-- .., Manual ~ c~-py the protest Of ~,, ,=~,L~, procedures be obtained may fromthe office issuingthe solicitation. K.12 BRAND NAME EQUAL OR (Provision 2-4) (February 1992) a. One more or itemscalled for by this solicitation havebeen identified in the Schedule a by brand-name-or-equal productdescription. Proposals offering equalproductswill be considered for award theseproductsare clearly identified andare determined the Postal Serviceto if by contain all of the essential characteristic of the brand-name products referencedin the solicitation. b. Unlessthe offeror clearly indicates in the proposalthat the proposalis for an equal product, the proposalwill be consideredas offering a brand-name product referencedin the solicitation. c. If the offeror proposes furnish an .eQualproductthe brandname model catalog to and or number, any, of the product to be fumi~hed if mustbe inserted in the spaceprovidedin the solicitation. Theevaluationof proposals the determination to equality of the product and as offeredwill be based information on furnished the offeror or identified in the proposal, well by as as other informationreasonably available to the purchasing activity. Thepurchasing activity is not responsiblefor locating or obtaining anyinformation not identified in the proposaland reasonably availableto the purchasing activity. Accordingly, ensure to that sufficient information is available,the offeror must fumish a part of the proposal as 1. All descriptivematerial(suchas cuts, illustrations, drawings, otherinformation) or necessary the purchasing for activity to establish exactly whatthe offerorproposes to furnish and to determinewhetherthe product offered meetsthe requirements the of solicitation;or 2. Specific references informationpreviouslyfurnishedor to informationotherwise to availableto the purchasing activity to permita determination to equalityof the product as offered. d. If the offeror proposes modifya productso as to make conform the requirements to it to of the solicitation, the offeror must 1. 2. Includein the proposal clear descriptionof the proposed a modifications; and Clearly mark descriptive materialto show proposed any the modifications.

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SOLICITATION: 162640-96-A-0282 K.13 PERFORMANCE REQUIREMENTS BOND (Provision 7-2) (October1987)

SECTION K

a. Anyofferor awarded contractas a result of this solicitation will be requiredto submita a performance in a penalamount bond equalto 100percentof the contract pdce,within the time specifiedby the contracting officer. b. The bondmustbe executed the Postal Service forms attachedto this solicitation, and on sureties mustbe acceptable the Postal Service.Corporate to sureties mustappear the list in on TreasuryCircular 570, endthe amount the bond not exceed underwritinglimit stated of may the for the suretyon that list c. Failure to submitan acceptablebondmaybe causefor termination of the contract for default. K.14 PAYMENT BOND REQUIREMENTS (Provision 7-3) (October 1987) a. Anyofferor awarded contractas a result of this solicitation will be requiredto submita a payment bondin the penal amount forth in the Schedule, set within the time required by the contracting officer. b. Thebondmustbe executed the F?o~talServiceformsattached this solicitation, and on to sureties mustbe acceptable the PostalService. Corporate to sureties mustappear the list in on Treasury Circular 570, andthe-amoun~ the bondmay exceed underwritinglimit stated of not the for thesurety that list. on c. Failure to submit an acceptablebondmaybe causefor termination of the contract for default. K.15 DEPOSIT ASSETS OF REQUIREMENTS (Provision 7-5) (October 1987)

a. Exceptfor payment bondsrequired for construction contracts, any offeror required to submit a surety bondas a result of this solicitation mayinstead deposit assets in a form acceptable the PostalServicein an amount forth in the Schedule. to set b. When assets are deposited, the offeror mustexecutethe Postal Service bondform made a part of this solicitation. Failure to depositassetsacceptable the PostalService be cause to may for termination the contract default. of for K.16 PARTICIPATION OF SMALL, MINORITY-OWNED, AND WOMAN-OWNED BUSINESS (Provision10-1) (February 1992) All offerors, exceptsmall business,mustsubmitwith their proposals subcontracting the plan required by the clause entitled Small, Minority-Owned, and Woman-Owned Business Subcontracting Requirements.

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SOLICITATION: 162840-96-A-0282

SECTIONK

K,17 NOTICE OF REQUIREMENTS FOR EQUALOPPORTUNITY AFFIRMATIVE ACTION (Provision10-6) (October 1987) a. Theofferor's attention is called to the EqualOpportunity clauseandthe Affirmative Action Compliance Requirements Constructionclause. for b. Thegoals for minodtyandfemaleparticipation, expressed percentage in terms for the contractor's aggregate workforce eachtrade on all const,'uction workin the covered in area, are as follows: Goalsfor minority particioation for eachtrade See Attachment 1.3 Goalsfor femaleparticication for eachtrade 6.9% c. These goals applyto all the contractor's constructionworkperformed the covered in area. If the contractorperforms constructionworkin a geographical area locatedoutside the covered area, the contractormustapplythe goalsestablished the geographical for areawhere workis the actually performed. Gcafsare published periodically in the FederalRegisterin notice form, and these notices maybe obtained from the Office of Federal Contract Compliance Programs (OFCCP). d. The contractor's complianc..~....witl~' Executive Order 11246,as amended, the and regulations in 41 CFR 60-4 mustbe basedon (1) its implementation the Equal Opportunity of clause, (2) specific-affirmative action obligations requiredby the Affirmative Action Compliance Requirements Construction for clause,and(3) its efforts to meet goals. Thehoursof minodty the andfemaleemployment training mustbe substantially uniformthroughoutthe length of the and contract, andin eachtrade. Thecontractor mustmake good-faith effort to employ a minorities and women evenly on eachof its projects. The transfer of minority or female employees or traineesfromcontractorto contractor,or fromproject to project, for the sole purpose meeting of the contractor'sgoalswill be a violation of the contract, Executive Order11246, amended, as and the regulations in 41 CFR 60-4. Compliance the goals will be measured with against the total work hours performed. e. Thecontractormustprovidewritten notification to the Director, OFCCP, within ten working days following awardof any construction subcontract in excessof $!0,000 at any tier for construction under contract work the resultingfromthis solicitation. Thenotification must list the 1. Name, address, telephone number,and employeridentification subcontractor, 2, 3. Estimated dollar amount the subcontract; of Estimated starting andcompletion datesof the subcontract; and Geographical in whichthe subcontract to be performed. area is number the of

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-SOLICITATION:1626£~96-A-O282

SECTIONK

f. Asused this notice,and anycontract in in resulting this solicitation,the "covered from area" is (Contracting Officer insert description of the geographic area wherethe contract is to be performed, givingstate, county, city). and K.18 POSTAWARD ORIENTATION CONFERENCE (Provision OA-8) ALTERNATE I (March 1989) The Postal Service mayrequire the successfulofferor to attend a post-award conference.If required,it will bescheduled held prior to the start of contractperformance. and K.19 NOTICE PREAWARD OF SURVEY (Provision OA.34) (June 1994/lntedm)

a. Offerors are advisedthat the Postal Servicemaycontact prospectivecontractors, andthe contractor'sreferences determine contractor'scapabilities to perform workspecified in to the the this solicitation. In addition to obtaining and evaluating performance references, financial statements, credit rating checks, PostalService visit a prospective and the may contractors facilities to performreviewsor mayask for additional written information. Offerors will be advisedof specific areasof interest prior to anysite visit. b. Offerors are also advisedthat accomplishment this surveyis a part of the evaluation of processandis not an indicationthat an offerorWill receivean award. K.20 ACCESS POSTAL TO BUILDING (Provision OA-12) (March 1989)

If the locationspecifiedon this coversheet the receiptof proposals within a controlledaccess for is building andif it is intendedto handcarry proposal,prior arrangements access the for shouldbe made contacting individual specifiedon the coversheetof this solicitation at least onework by the dayprior to the date that access required. If prior arrangements not made, offeror must is are the allowat least 30 minutes process to through securitycheckpoint. is the offerofs responsibilityto a It ensure that proposals deliveredby the duedateandtime specifiedin the solicitation. are

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SOLICITATION:16264~96-A-0EE2~ ..................................... ( L.1 SECTION - REPRESENTATIONS CERTIFICATIONS L AND TYPE BUSINESS OF ORGANLT-ATION (Provision A-20) (December 1989) Theofferor, by checking applicable the blocks,represents it: that

~'ECTIONL-

a. Operates [_ ] a corporation incorporatedunderthe laws of the State of~~~, L ] an as individual, L ] a partnership,[ _ ] a joint venture, [_ ] a nonprofit organization,[ _ ] or an educational institution; and b. Is a [ _ ] small business concern, L ] minority-ownedbusiness, [ _ ] woman-owned business, ] labor surplus L areaconcern, ] educational othernon-profitorganization, [ _ ] [_ or or none the above of entities. c. SMALL BUSINESS CONCERN.smal~ business concern for the purposes of PostN A Service procurement means business,including an affiliate, that is independently a owned and operated,is not dominant producing performing supplies or servicesbeingpurchased, in or the andhas no morethan 500employees, unless a different size standardhas beenestablishedby the SmallBusiness Administration (see 13 CFR 121, particularly for different size standards for airline, railroad, and construction compa.n)es).For subcontracts of $50,000or less, subcontractor having no more than 50&.employees qualifies as a small businesswithout regard to otherfactors. d. MINORITY-OWNED BUSINESS. minority-ownedbusiness is a concern that is at least A 51 percent owned andwhose by, management daily businessoperations are controlled by, and oneor more members a socially andeconomically of disadvantaged minority group, namely U.S. citizens whoare Black Americans,Hispanic Americans,Native Americans,Asian-Pacific Americans,or Asian-Indian Americans.(Native Americans are American Indians, Eskimos, Aleuts, and Native Hawaiians.Asian-Pacific Americans U.S. citizens whoseodgins are are Japanese, .Chinese, Filipino, Vietnamese, Korean,Samoan, Laotian, Kampuchean, Taiwanese or in the U.S. Trust Territories of the Pacific Islands. Asian-Indian Americans U.S. citizens are whose origins are in the Indian subcontinent.) e. WOMAN-OV~NED BUSINESS. woman-owned A business is a concern at least 51 percent of which is owned a woman women) is a U.S. citizen, controls the firm by (or who exercising the powerto make policy decisions, andoperates the businessby being actively involvedin day-to-daymanag.ement. f. LABOR SURPLUS AREA. geographical area which at the time of award is either a A section of concentrated unemployment underemployment, or a persistent labor surplus area, or a substantiallabor surplusarea,as defined this paragraph. in 1. Section of concentrated unemployment underemployment or means appropriate sectionsof Statesor labor areasso ciass~ed the Secretary Labor. by of

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SOLICITATION: 162640-96-A-0282

SECTION L

2. Persistent labor surplus areameans area whichis classified by the Department an of Laboras an area of substantial and persistent labor surplus (also called Area of Substantial and Persistent Unempioyment) is listed as such by that Department and in conjunctionwith its publication, AreaTrendsin Employment Unemployment. and 3. Substantial labor surplus area meansan area which is classified by the Department Labor as an area of substantial labor surplus (also called Area of of SubstantialUnemployment) whichis listed as suchby that Department conjunction and in with its publication Area Trendsin Employment Unemployment. and g. LABOR SURPLUS CONCERN. AREA A firm which will perform or cause to be performed a substantial proportion a contractin a labor surplus of area. h. EDUCATIONAL OR OTHER NON-PROFIT ORGANIZATION. Any corporation, foundation, trust, or other institution operatedfor scientific or educationalpurposes, not organized profit, no part of the net earningsof whichinures to the profits of anyprivate for shareholder individual. or PARENT COMPANY ANDTAXPAYER IDENTIFICATION NUMBER (ProvisionA-21) (October 1987) a. A parentcompany onethat owns controls the basic business is .or policies of an offeror. To ownmeans ownmore to than 50 perc~tof the voting rights in the offeror. To control means to be able to formulate,determine, orvetobasic business.policy decisions the offeror. A parent of company not.,own the offeror to control it; it mayexercise control throughthe use of need dominant minority voting dghts, proxyvoting, contractualarrangements, otherwise. or b. Enter the offeror's Taxpayer Identification Number (TIN) in the space provided.TheTIN the offeror's Social Security Number other Employee or identification Number used on the offeror's QuarterlyFederalTaxReturn,U.S. Treasury Form 941. Offeror'sTIN: c. d. [ ] Check block if the offeror is owned controlledby a parentcompany. this or If the block above checked, is providethe following informationaboutthe parentcompany: Parent Company's Name: Parent Company's Office Address: Main No.and Street: City: Parent Company's TIN: State: ZipCode:

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SOI-ICITATION: 162640=96-A-0282

SEC--T-IE) N-L-

e. If the offeror is a member an affiliated group of that files its federalincome returnon a tax consolidatedbasis (whetheror not the offeror is owned controlled by a parent company, or as provided above) providethe name TINof the common and parentof the affiliated group: Name Common of Parent: Common Parent's TIN: L.3 AUTHORIZED NEGOTIATORS (Provision A-22) (October 1987)

Theofferor represents that the following persons authorized negotiateon its behalf are to v4th the Postal Servicein connection with this solicitation [Offeror list names, titles, and telephone numbers the authorized of negotiators].

L.4

PLACE PERFORMANCE sion A-23) (October 1987) OF (Pr"ov

If the offeror intends,in the performanceanycontractresultingfromthis solicitation, to of useoneor more facilities locatedat addresses different fromthe offeror's address indicatedin as this proposal,the offeror mustincludein its proposal statement a referencing this provisionand identifying thosefacilities by street address, city, county,state, andZiP Code, the name and and address the operator these of of facilities if otherthanthe offeror. L.5 CERTIFICATEOF INDEPENDENT PRICE DETERMINATION (Provision 1-1) (October 1987)

a. Bysubmittingthis proposal,the offeror certifies, andin the caseof a joint proposal each partyto it certifies asto its own organization, in connection this solicitationthat with 1. Theprices proposed havebeenarrived at independently,without consultation, communication, agreement, the purpose restricting competition,as to anymatter or for of relatingto the priceswith anyotherofferor or with anycompetitor;, 2. Unlessotherwiserequired by law, the prices proposed havenot beenandwill not be knowingly disclosed the offeror beforeaward a contract, directly or indirectly to by of anyotherofferor or to anycompetitor;, and Noattempt has beenmade will be made the offeror to induce any other or by 3. or a for of personorfirm to submit not submit proposal the purpose restricting competition.

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SOLICITATION: 162640-9~-A-0282 b. Each person signingthis proposal certifies that -

SECTION L

1. Heor sheis the person the offaror's organization in responsible the decisionas for to the prices beingoffered herein andthat he or shehasnot participated, andwill not participate, in anyaction contraryto paragraph above; a or 2. Heor she is not the personin the offerods organization responsible for the decision to the pdces as beingoffere.d but that he or shehasbeen authorized writing to in act as agentfor the persons responsible certifying that they have participated,and in not will not participate, in anyaction contraryto paragraph above, as their agentd~es a and hereby certify; andhe or shehasnot participated,andwill not participate, in anyaction so contrary to paragraph above. a c. Modification deletionof anyprovisionin this certificate may or result in the disregarding of the proposalas unacceptable. modification or deletion shouldbe accompanied a signed Any by statement explainingthe reasons describingin detail anydisclosureor communication. and L.6 CONTINGENT REPRESENTATION FEE (Provision 1-2) (October 1987) Theofferor mustcomplete following, representations: the
..~

1. Theofferor [ _ ] has L ] has"not employed retained any company person or or (other than a full-time bonafiU~ employee working solely for the offeror) to solicit secure this contract. 2. The offeror L ] has [ _ ] has not paid 0r agreedto pay any company person or (other than a full-time bonafide employee workingsolely for the offeror) any fee, commission, percentage, brokerage or fee, contingentupon resulting fromthe award or of this contract. b. If either representation in the affirmative, or upon is request the contracting of officer, the offeror mustfurnish, in duplicate, a completed 7319,"Contractor'sStatement Contingent Form of or OtherFees",andanyother information requested the contractingofficer. If the offeror has by previously furnished a completed Form 7319to the office issuing this solicitation, it may accompany proposalwith a signedstatement its 1. Indicating when completed waspreviouslyfurnished; the form

2. Identifying the number the previous of solicitation or contract, if any, in connection with whichthe form wassubmiited;and 3. Representing the statement the formis applicable this proposal. that on to

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SOLICITATION: 162640-96-A-0282 L.7 CERTIFICATIONOF NONSEGREGATED FACILITIES (Provision10.3) (October 1987)

SECTION-L--~------

a. Bysubmitting this proposal, offeror ¢..,srtifies that it does andwill not maintain the not or providefor its employees segregated any facilities at anyof its establishments, that it does and not andwill not permitits employees perform to servicesat anylocation underits control where segregated facilities are maintained. offeror agrees The that a breach this certification is a of violation of the Equal Opportunity clause this contract. in b. Asusedin this certification, "segregated facilities" means waiting rooms, any workareas, rest rooms wash or rooms,restaurantsor other eating areas, time docks,locker rooms other or storageor dressingareas, parkinglots, drinking fountains, recreationor entertainment areas, transportation, or housingfacilities providedfor employees are segregated explicit that by directive or arein fact segregated the basisof race,color, religion, or nationalorigin, because on of habit, local custom, otherwise, or c. Theofferor further agreesthat (unless it has obtainedidentical certifications from proposed subcontractors specific time periods) it will obtain identical certifications from for proposed subcontractorsbefore awardingsubcontractsexceeding $10,000that are not exempt fromthe provisions the EqualOpportunity of clause;that it will retain thesecertifications in its files; andthat it will forwardthe followingno!id..~.to theseproposed subcontractors (exceptwhen theyhave submitted identical certifications for specific time periods): NOTICE A certification of nonsegregated facilities must submitted be beforethe award a of subcontract exceeding $10,000 that is not exempt from the EqualOpportunity clause. The certification may submitted be either for eachsubcontract for all subcontracts or duringa period(quarterly, semiannually, annually). or L.8 EQUALOPPORTUNITY AFFIRMATIVE ACTION PROGRAM (Provision 10-4) (Apd11989)

Theofferor, by checking applicable the block or blocks,represents it that (1) [ _ ] hasdeveloped hason file, [ _ ] hasnot developed doesnot haveOnfile, at each and and establishment,affCrmative action programs required by the rules andregulations of the as Secretary Labor(41 CFR of 60-1and60-2) and[ _ ] has, [ _ ] hasnot filed the requiredreports with the Joint ReportingCommitlee, (2) U has not previously hadcontracts subject to the or written affirmative action program requirement the rules andregulations of the Secretary of of Labor.

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SOLICITATION: 162640-96-A-0282 L.9 BuY AMERICAN CERTIFICATE--CONSTRUCTION MATERIALS ( Provision 10-8) (October 1987)

SECTION L

Theofferor certifies that only domesticconstruction materials (as defined in the Preference Domestic for Construction Materialsclause) will be usedin the performance this of contract,except foreignconstruction for materials listed below:. Material Quality EstimatedCost

L.10 CLEAN AIR ANDWATER CERTIFICATION (Provision 10-9) (October 1987) a. This certification appliesonly if (1) the offer exceeds $100,000, the offer is for (2) indefinite-quantityandindicatesthat ordersfor estimating quantitieswill exceed $100,000 any in year,(3) a facility to beused listed on the.EPA of ViolatingFacilities because a criminal is List of conviction,or (4) the contractis not otherwise exempt. .. b. Theofferor (1) certifies, by checking applicaNe that anyfacility to be uti~iL~ed the box, the performance the proposed of contract U is, U is not, listed on the Environmental Protection Agency of Violating Facilities as of the date of this proposal,and(2) agrees notify the List to contractingofficer promptlyif anycommunication receivedfrom the Environmental is Protection Agency beforecontractaward indicating that anysuchfacility is under consideration inclusion for On List. the

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....

SOL4G~-TATION: 162640-~-A-O282 SECTIONM - EVALUATION AND AWARD FACTORS M.1 CONTRACT AWARD (Provision A-8) (February 1992)

SEC-TJO N_M_

a. ThePostalService will award contractresulting fromthis solicitation to the responsible a offeror whose proposalconforming the solicitation will be mostadvantageous the Postal to to Service, cost or price andotherfactorsspecifiedelsewhere this solicitation considered. in b. ThePostal Servicemayreject anyorall proposals,andmay waiveinformalities andminor irregularities in proposals received. c. ThePostal Servicemay acceptanyitem or groupof items of a proposal,unlessthe offeror qualifies the proposalby specific limitations. Unless otherwise providedin the solicitation, proposals maybe submitted for quantities less than those specified. The Postal Service reserves right to make award anyitem for a quantityless thanthe quantity contained the an for in a proposal, at the unit cost or prices proposed, unless the offeror specifies otherwise its in proposal. d. A written award acceptance proposal or of mailedor otherwise furnishedto the successful offeror within the time for acceptance specifiedin the proposal will result in a bindingcontract withoutfurther actionby either party. Before:{he proposal's specifiedexpirationtime, the Postal Servicemay accepta proposal part of a proposal provided paragraph above),whether (or as in c or not thereare discussions negotiations or after its receipt, unless written noticeof withdrawal a is receivedbeforeaward.Discussions negotiationsconducted or after receipt of a proposaldo not constitutea rejectionor counteroffer the PostalService. by e. Neitherfinancial data submitted with a proposal,nor representations concerning facilities or financing will forma part of the resultingcontract.Hob, ever,if the resultingcontractcontains a 61ause providing price reduction defectivecost or pricing data, the contractprice will be for for subjectto reduction costor pricing datafurnished incomplete, if are inaccurate, not current. or M.2 EVALUATIONOF PROPOSALS FOR MULTIPLE AWARDS (Provision A-16) (July 1995)

In addition to other factors, proposals will be evaluated the basis of advantages on and disadvantages the Postal Servicethat mightresult frommaking to more than oneaward (multiple awards). is assumed, the purpose evaluatingproposals, It for of that $500 the administrative is cost to the Postal Service for issuing and administrating eachcontract awarded underthis solicitation, and individual awards be for the itemsor combinations itemsthat result in the will of lowestaggregate to the PostalService,including the assumed cost administrative costs.

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SOLICITATION: 162640-96-A-0282

SECTIONM

CONTRACT AWARD ANDPROPOSAL EVALUATION (Construction) (ProvisionOA-16) (June1988) a. Awardwill be madeto the responsible offeror who submits the best combination of Te~hnice! Proposa!, Business Proposal (cosTprir'~), Busines_MVlanagement Proposal (if. applicable), andother factors considered.Theprimaryareas to be usedin determiningwhich proposalis mostadvantageous the Postal Service are listed belowin descending to order of importance: (Refer to Attachment 1.4 for information relating to the submission of qualificationinformation.) 1. Postal Experience: Provide list of projectsthat youhave a performeci. Includethe following nformation all projects: for -Projectlocationandtype -Total dollar valueof contract -Name andphone number U. S. Postal Service ContractingOfficer of -Statusof Project- (percent completion) GeneralExperience:.o: Notless than three (3) yearscontinuous experience a contractor as of similar work. 3. CurTent Workloadand Capacity Include,but donot limit to, number work of force, support and/or administrative, company owner equipment, tools, etc. Describeexisting andpending workload. b. Cost/Price will be considered in the awarddecision, although the awardmaynot necessarily made that offeror submitting lowestcost. be to the c. Subcontracting plans, if required, will be reviewed acceptability in the types and for amounts subcontracts small andsmall disadvantaged of to business concerns, this solicitation if results in a contract for morethan $1 million ($500,000for construction),- the otherwise successfulofferor musthavean acceptableSmall Business and Small Disadvantaged Business Subcontracting Plan to receive awardof the contract (Small Businesses exempt are from this requirement).

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IQC 162640-96-B-0098

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CERTIFIED MAIL#P 252 ~71 859 RETURN RECEIPTREQ~,=.~TED

June 3, 1996

"96

12 P~2:33

L P. Consulting Group, Inc. 10401 S. 75th Avenue Palos Hills, IL 60465-2015 SUBJECT: NOTICE TO PROCEED Indefinite Quantity Contract - General ConstructionWork North Card.el ~nols Are= - Zip Code,=604, 605 and 609 Contract No. 162640-96-B-0098

Genffemen: Your performance and payment bonds and other contract documents have been received and are acceptableto the U. S. Postal Service. This letter is your authorization to proceed with ltm work in accordancewith the terms and conditions of the subject contract. The contract requires completionwithin 730 calendar days after date of receipt of the Notice to Proceed. Please sat your work schedule accordingly to avoid any delay. Your copy of the executedcontract is enclosed. All work, reviews, and contract administration will be under the direction of the Manager, Administrative Services, Mr. Robert A. Rigsby. Mr. Rigsby has been delegated Contracting Officer for work orders only. His designated representative will be responsible for administration and field supervision of this contract. Copiesof the work orders neednot be sent to me. Mr. Rigsby's address and telephone number as follows: is Mr. Robert A. Rigsby Manager,Administrative Services ..Central Illinois District U. S. Postal Service 6801 West 73rd Street Bedford Park, IL 60499-9991 (708) 563-7200 The Manager, Administrative Services, will provide Progress PaymentForms PS 4211-B with each work order. An original and two copies, all havinq original signatures, are to be aubmitted to Mr. Rigsby for payment,with a copy to the Architect-Engineer firm, if he is performing project surveillance, unless directed otherwise by the project manager designated by ",he Manager, Administrative Services. For each such pay request, complete, sign, and date Form4211-B.

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L P. Consurdng Group,Inc. June 3, 1996 Page -2-

I urgeyouto thoroughly familiarize yourself w~th termsof this contract. I v~shto call the special attention to the fact that only the contracting officer or project manager can authorizechanges the basic contract when to total price or time for completion affected is according the authorities andlimitatio~'~s of contrac~ng to authority. All correspondence pertaining thecontractshould directedto the contz'acting to be officer in writing, This no'dfication is sent to'yOUth duplicatewith the requestthat youacknowledge receipt of the USPS copy'andmtum promptly. it Sincerely,

Larry L. Linnanburger ContractingOfficer

1 I

Enclosures:a/s co: Manager, AdministrativeSen,ices Central Illinois Distdct

jab

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U.S. POSTAL SEE, ~CE: OFFERANDAWARD (CO,.3TRUCTION) --- -In deftn It e-Qu a n tlty_C.ont~_c_t_
1, COKrfRACT NUMBER:162640--96-~'.0098 2. SOLICITATIONNUMBER: 162E40-~-A-0281 a. ISSUED BY: U,S, Postal Service FacJt/ties ServiceOf~ce 222 S. Riverside Plaza, Suite 1200 Chicago,Illinois 60606-6150 ¯ 3. REQUEST NUMBER:# 4. $OCJEC: 5. COMMODITY: b. FORINFORMATION CALL: Name: Frank T. Sugino Title: Project Manager Tel: 312/669-5942 (No Collect Call~}

a. OFFEROPJCONTRACTOR b, Contact Name: ~tc~Pm,l~' ~,'~-TCAOCl AJ I_.p. ~,',,~,,I~-IM~ l__PlCC. Telephone: , ~,,m . e, TIN': Palo~ ~llS, IL ~U~-~i5 Parent ~IN: f, Rem~an~ Name and/or Address (If~iHerent from *TIN=Taxpayer Identification Number DELIVERY/PERFGRMANGE REQUIREMENTS: SeeSection C CONTRACTTERM: FROM TO (Dates to be enterpd uponaward) iTEMs & PRICES/GENERAL DESC~PTION OF REQUIREMENT: Thecontractor agrees pecfon'nall workincludedor ordered to purSuant andin a~ccordance the to with termsandconditionsol the contract for the unit pficas listed on the price schedule timesthe multiplier listed below:. IQC-C Type:GeneralConstructionWork North Genital Illinois AREACOVERED BYTHI$ CONTRACT: See Attachment 1,3 Multiptier: 10+ . '~50 (Numbers) ~¢~" :ZEF'r/'O '~e, ~ E"OH'1~F (in Words) - Zip Codes 604, 605 and 609

BILLINGINSTRUCTIONS (Submit Invoices to): Send invoice as directed by Project Manager¯ SIGNATURE: OFFEROR/CONTRACTOR

Sig~ture

+

-

//

Date T~le I ,,, L~rcyL+L nne,nburqer ,,, Name ContractingOfficer of

LINDA ~. I~ATTA~.L/&!.
Ty~ or Pdnted Nameof Pe~onA~ho~zed Sign Offer to Distribution:

Odginal File; Cop.y- Contractor -

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¯

SOLICITATION: 162640-9~-,-,M281 PART1 - SCHEDULE ~ECT, ION A" ITEMSANDpRICES A.I REQUIRED BOND AMOUNTS (Clause FB.201) ALTERNATE(September 1995/lntedm) I Requiredfor contracts exceeding $25,000.00 PerformanceBond: PaymentBond: 100% the total contractprice of 50% the total contractprice of

SECTIONA

Additional bondingmustbe obtainedprior to increasing the "Not to Exceed" amount asset in the initial contract order. Additional information on bondrequirements given in SectionK in the following is provisions: Performance Bond(Provision 7-2), and Payment Bond(Provision 7-3). ACKNOWLEDGMENTAMENDMENTS OF (Clause 0B-199} (August 1988) Theofferor acknowledges receipt of amendments the soficitati0n numbered to and datedas ,follows: AmendmentNumber Date t AmendmentNumber Date

IQC-C

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"--SOLICITATION: -1- ~2-6-4-0:96 -A=028-1 ........ PART 1 - SCHEDULE SECTION - ITEMS ANDPRICES A A.1 REQUIRED BOND AMOUNTS (Clause FB-201) ALTERNATE I (September1995/Interim) Requiredfor contracts exceeding$25,000.00 PerformanceBond: PaymentBond: 100% the total contractprice of 50% the total contract price of

SE~TION-A

Additional bondingmustbe obtained prior to increasing the "Net to Exceed" amount asset in the initial contractorder. Additional informationon bondrequirements given in SectionK in the following is provisions: Performance Bond(Provision 7-2), and.~Payment (Provision 7-3). Bond A.2 ACKNOWLEDGMENT OF AMENDMENTS (Clause OB-199) (August 1988) numbered and Date

Theofferor acknowledges receipt of amendments the solicitation to dated as follows: AmendmentNumber Date AmendmentNumber

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S-eElCITA-TIO.~-1:626~40,96~A--0281 N ,SECTION B - SPECIFICATIONS/STATEMENT WORK OF STATEMENT WORKISPECIFICATIONS OF (Clause OB-7} (June 1988)

SEC-'FIE) N-B-

Thecontractor mustfurnish the necessary personnel,material, equipment, services, andfacilities (exceptas otherwisespecified) to performthe statement work./specifications of incorporated referencein SectionI. by ATTACHMENTS STATEMENTOF WORK~SPECIFICATIONS TO (Clause OB-31) (June 1988) Theattachments the statement work/specificationslisted in SectionI are hereby to of made of this solicitations andanyresultant contract. part B.3 ENGLISH LANGUAGE REQUIREMENT ON-SITE SUPERINTENDENT OF (Clause OB-38)(June 1988)

Thecontractor's on-site superintendent mustbe able to speak,read, andwrite English to the extent necessary permit reasonablecommunication Postal Service personnel. to with B.4 QUANTITY WORK OF (INDEFtNITE,QUANTITY) (Clause FB-248) (March

a. Theinitial contract value is $300,000 where total quantity of workorderedduring the the term of this contract will not be less than $10,000 more nor than onemillion dollars ($1,000,000).ThePostal Servicereservesthe option to increasethe potential value of e contract in incrementsof $100,000 to exceed not $300,000 to exceed$1,000.000. not Additional consent surety will be required for eachincrementalincrease. of b. Adjustments, required, in quantities listed in the workorder will be made the if on . basis of actual, quantities, approved, installed and/orremoved the final work. and in c. Thecontractor will not be required to performa job where value of the work the requiredin any onebuilding is less than $500per workorder. d. ThePostal Service reservesthe right to undertake,by Postal Service sourcesor others, the same type of workor similar workas contracted in this contract, in the area for covered this contract, while this contractis in force. by

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SOLI CITATI N..--i-62-6~40_~:Aq3281 O .,8, C.1 ECTION - DELIVERY/PERFORMANCE C

S EG-T4ON-G.

NOTICE DELAY OF (Clause B-15) (May 1994)

Immediately uponbecoming aware any difficulties that might delay deliveries under of this contract, the contractorshall notify the contractingofficer in writing of them.The notification mustidentify the difficulties, the reasons them,andthe estimated for period of delayanticipated. Failure to give notice may precludelater considerationof any requestfor an extensionof contract time. C.2 SUSPENSIONS DELAYS AND (Clause B-16) (May 1994/Interim)

a. A claimunderthis clausemay allowedif performance all or any part of the be of workof this contract is suspended, delayed,or interrupted by: 1. Anorderor act of the contractingofficer in administering this contract; or

2. Failureof the contracting officer to act withinthe timespecified this contract, in or within a reasonable if not specified. time An adjustment,underthis ctause,-maybe madefor any increasein the cost of performance this contract caused~y delay or interruption (including the cost of the incurred during any S'uspension interruption). Anadjustment or mayalso be made, underthis clause, in the delivery or performance dates andany other contractualterm or conditionaffected by the suspension, delay or interruption. However,no adjustment maybe madeunder this clause for any delay or interruption to the extent that performancewould have beendelayed or interrupted by anyother cause,includingthe fault or negligence the contractor,or whichan of adjustmentis provided or excludedunder any other term or condition of this contract. b. A claim underthis clausemaynot be allowed: 1. For any costs incurred morethan 20 calendar days before the contractor has notified the contracting officer in writing of the act or failure to act involved;and 2. Unlessthe claim, in an amount stated, is assertedin writing aSsoonas practicableafter the terminationof the delayor interruption, but not later than the day of final payment underthe contract. C.3 EXCUSABLE DELAYS (Clause B-19) (October 1987}

a. Except with respectto defaults of subcontractors, contractorwill not be in default the by reasonof anyfailure in performing thcs contract maccordance =ts terms(lnc ud ng. w~th any failure by the contractor to make progressin the prosecutionof the workthat endangers

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SOLICITATION: 162640-96-A-0281

SECTION i C

performance) the failure arises out of causes if beyond control andwithout the fault or the negligence the contractor. Suchcauses include, but are not restricted to, acts of God of may or of the public enemy, acts of the Government its sovereigncapacityor the Postal in Service contractual its capacity,fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusuallysevereweather,but in every case the failure to perform and mustbe beyond control andwithout the fault or negligence the contractor. the of b. If failure to performis caused the failure of a subcontractor performor make by to progressandarises out of causesbeyond control of both the contractor and the subcontractor, withoutthe fault or negligence either of them,the contractorwill not be and of deemed be in default, unless to 1. Thesupplies or services to be furnished by the subcontractor are obtainable from ether sources; 2. Thecontractingofficer ordersthe contractorin writing to procurethe supplies or services from other sources;and 3. Thecontractor fails to comply reasonably with the order.

c. Upon requestof the contractor, the.~contracting officer shall ascertainthe facts and extentof failure, andif the contracti.n,gofficer determines anyfailure to perform that was occasioned any of the said cause~,the delivery schedule by shall be revisedaccordingly, subject to the rights of the Postal Serviceunderanyterminationclauseincludedin this contract. d. As usedin this clause, the terms"subcontractor" and "subcontractors"mean subcontractor(s) anytier. at C.4 SHOP DRAWINGS, COORDINATIONDRAWINGS, AND SCHEDULES (Clause 11-20) (October1987)

a. Thecontractor will submit shopdrawings,coordination drawings,andschedulesfor approvalas requiredby the specifications or requested the contractingofficer, as follows: by 1. Shop drawings will include fabrication, erection, andsetting drawings,schedule. drawings,manufacturer's scale drawings,wiring andcontrol diagrams, cuts or entire catalogs, pamphlets, descriptive literature, andperformance test data¯ and 2. Drawings an~l schedules,other than catalogs, pamphlets, similar printed and material, mustbe submittedin reproducibleform with two prints made a process by approved the contractingofficer. Upon by approval,the reproducibleformwill be returnedto the contractorwhichmustfurnish the number additional prints, not to of exceed ten, requiredby the Special Conditionsof the specifications. Thecontractor mustsubmitshopdrawingsin catalog, pamphlet, similar printed form in a and

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SOLICITATION: 1~96~A-L028-1 -~ ..........

-S ECZ-ICbN_C

minimum four copies plus as many of additional copies as the contractor maydesire or needor for use by subcontractor. b. Before submittingshopdrawings the mechanic.at electrical work, the contractor on and mustobtain the contractingofficer's approvat lists of mechanical electrical equipment of and andmaterialsas requiredby the specifications. c. Thecontractor will checkthe drawingsand schedulesand coordinate them(by means of coordinationdrawings whenever required) with the workof all trades involved before submission,indicating approval on them. Drawings schedulessubmittedwithout and evidence the contractor's approvalmay returned for rasubmission. of be d. Eachshop drawingor coordination drawingmusthave e blank area 5 by 5 inches, locatedadjacentto the title block. Thetitle block mustdisplay1, 2. Number title of drawing; and Dateof drawing revision; or Name project building or faqi~@; of Name contractor and(if appropriate)of subcontractor of submittingdrawing; 5. Clear identity of contentsandlocation on the work; and Project title andcontract number. e. Unless otherwiseprovidedin this contract, or otherwisedirected by the contracting officer, shopdrawings,coordination drawings,andschedules mustbe submittedto the contracting officer, with a letter in triplicate, sufficiently in advance construction of requirements permit at least 10 workingdaysfor checkingandappropriateaction. to f. Exceptas otherwise provided in paragraph below, approval of drawingsand g scheduleswill be general and maynot be construedas1. Permitting any departurefrom the contract requirements;

2. Relievingthe cohtractorof responsibility for anyerrors, including details, dimensions,and materials; or 3. Approving departures fromfull-size details furnishedby the contractingofficer.

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SOLICITATION: 162640-96-A-0281

SECTION C

g. If drawingsor schedules showvariations from the contract requirements because of standardshoppractice or for other reasons,the contractor mustdescribethe variations in the letter of transmittal. If acceptable, contractingofficer may the approve or all any variations andissue an appropriatechange order. If the contractor fails to describethese variations, it will not be relieved of the responsibility for executing workin accordance the with the contract, eventhoughthe drawingsor scheduleshavebeenapproved. C.5 RECORD BUILT" DRAWINGS "AS (Clause 11-21) (October 1987)

a. Thecontractor must, during the progressof the work, keepa masterset of prints on the job site, on which kept a careful andneat recordof all deviationsfromthe contract is drawingspreparedby the architect-engineer made during the courseof the work. b. Upon completion the project, these"as built" prints mustbe certified as to their of correctness the signatureof the contractor andturnedover to the architect-engineerfor by use in preparinga permanent of "as built" drawings. set C.6 SPARE-PARTS (Clause 11-22) (October 1987) DATA

a. Thecontractor mustfurnish spare-partsdata for eachdifferent item of equipment furnished.Thedata mustinclude a .c~mpl~te list of parts andsupplies, with current unit prices andsources supply; a list of padsandsuppliesthat are either normallyfurnishedat of no extra cost with the purchase the equipment, specified to be furnished as part of the of or contract; anda list of additional items recommendedthe manufacturer ensureefficient by to operation a periodof 180daysat the particular installation. for b. Theforegoingdoesnot relieve the contractor of any responsibilities underthe guarantees specified. C.7 WARRANTY (CONSTI~UCTION) (Clause 11-25) (October

a. Unless otherwiseprovidedin the specifications, the contractor warrantsthat all work is in accordance contract requirements free from defectiveor inferior materials, with and equipment, workmanship oneyear after the date of final acceptance and for underthis contract. b. If, within the warrantyperiod, the contractingofficer finds that warranted workneeds to be repaired or changed .because the materials, equipment,or workmanship inferioq were defective, or not in accordance the contract terms, the contractor mustpromptlyand with without additional expense the Postal Serviceto 1. Placein a satisfactory conditionall of the warranted work;

2. Satisfactorily correct all damage equipment, site, the building, or its to the contentsthat is the result of suchunsatisfactorywork;and IQC-C Page 7 of 99 pages - 1 64 - Septernber30, 1995

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~lO-t~! 1626210:96-Aq3281....................

-S EC-T-I@N-C the

3. Satisfactorily correct anywork,materials, or equipment disturbedin fulfilling warranty. o. Shouldthe contractor fail to proceed promptlyin accordance the warranty, the with at Postal Service mayhavethe work performed the contractor's expense.

d. Thecontractor mustobtain eachtransferable guarantee warranty of equipment, or materials,or installation furnishedby anymanufacturer, supplier, or installer in the ordinary courseof the businessor trade. Thecontractor mustobtain andfurnish to the Postal Service all information required to make suchguarantee warrantylegally binding and any or effective, andmustsubmitboth the information andthe guarantee warrantyto the Postal or Servicein sufficient time to permit the Postal Serviceto meetanytime limit requirements specified in the guarantee warranty if no time limit is specified, beforecompletion or or, and acceptance all workunderthis contract. of C.8 SAMPLES (Clause 1%28) (June 1988)

a. After contract award,the contractor mustfurnish samples required by the specifications or by the contractingoffcer, for the contractingofficer's approvalThey must be deliveredto the contractingofficer or to thsarchitect as specified or as directed. The contractor mustprepayall shipping charges,sr~samples.Materials or equipment which for samples requiredmay be usedii~ the workuntil the contractingofficer approves are not in writing. ~ b. Each samplemust be labeled to show1. 2. 3. 4. 5. Name project building or facility, project title, andcontractnumber; of Name contractor and(if appropriate)subcontractor; of Identification of material or equipment, with specification requirement; Placeof origin; and Name producerand brand(if any). of

c. Samples finish materials musthave.additionalmarkings of that Mll identify themunder the finish schedules. d. Thecontractor mustmail underseparatecover a letter in triplicate submittingeach shipmentof samples and containing the information required in paragraphs and c above. b Thecontractor mustalso enclosea copy of that letter with the shipment senda copy to and the Postal Servicerepresentativeon the.project. Approval a sample only for the of is characteristics or use named the approval andmaynot be construedto change modify in or any contract requirement.Substitutions are not permittedunlessapproved writing by the in contracting officer. ,Qc-c Page 8 of £g pages - 1 6 5 - September 30, 1995

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¯ SOLICITATION: 162640-96-A-0281

SECTIONC

e. Approved samples destroyedin testing will be sent to thePostal Service not representativeat the project. Approved samples hardware goodcondition will be of in marked identification and maybe usedin the work. Materials andequipment for incorporated in the work shall matchthe approvedsamples.Samples destroyedin not testing andnot approved will be returnedat the contractor's expense the contractor so if requestsat time of submission. f. Faiture of anymaterialto passthe specified tests will be sufficient cause refusal to for consider, underthis contract, any further samples the same of brandor make that of material. ThePostal Service reservesthe right to disapprove any material or equipment that has previously provedunsatisfactoryin service. g. Samples materials or equipment of delivered on ~hesite or in place may taken by be the Postal Servicerepresentativefor testing. Failure of a sample meetcontract to requirements will automaticallyvoid previous approvalsof the item tested. Thecontractor mustreplace materials or equipment found not to havemetcontract requirements,or there wilt be a properadjustment the contract price as determined the contractingofficer. of by h. Except otherwise as specified, if tests are called for in the specifications, the contractormustpayall costs of thesetests: When tests are not specifically called for in the specifications but are requiredby the Posi~l Service, the Postal Servicewill payall costs of the test~ andrelated engineering services unlessthe tests indicate that the workmanship or materials usedby the contractor are not in conformance drawings,specifications, with approved shopdrawings,or the approved materials. In this event, the contractor mustpay for the tests, remove workandmaterial failing to conform, replace with workand all and materialsin full conformity.All tests pertainingto physicalor chemical propertiesof materials mustbe made a laboratory approved the contracting officer. in by C.9 WORKING HOURS (CONSTRUCTION) (Clause FB-202) (June

a. It is contemplated that all work will be performed during the customary workinghours of the trades involved unlessotherwisespecified in this contract. Work performed the by contractor at its ow_n volition outsidesuchcustomary workinghoursshall be at no additional expense the Postal Service. to b. Thecontractor mustrefer to the contracting officer any requestsfrom occupants of buildings includedin the contractor's workarea to change hoursof work. the C.10 OPTIONAL MATERIALS OR METHODS (CONSTRUCTION) (Clause FB-244) (June 1988) Where technical provisions permit the Contractorto select optional materials, the items, systems equipment, selection of suchoptionsis subject to the following or the conditions:

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a. Once option has beenselected and approved,it mustbe usedfor the entire an contract. b. Thecontractor mustcoordinateits selection with the drawingsandspecifications and make necessary all adjustments without additional cost to the Postal Service. C.ll IN DEFINITE-QUANTITY CONTRACT (CONSTRUCTION) (Clause FB-249) (June 1988)

a. This indefinite-quantity contract will include all servicesdescribed SectionB, in Specifications or Statement Work,orderedduring the 24-month of period beginningon the dayfollowingthe date on which contractis signedby the latter of the parties tosign it. the b. Theprice per unit of eachproposalitem in this contract will include all materials, labor, andequipment required to performthe workdescribedin the attachedspecification. Thework will be doneon work orders issued as required for various amounts types of and workcoveredby the specification. Thework orderedunderthis contract will be performed in, an, or adjacentto Postal Service-owned -leased facilitie