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REQUEST FOR PROPOSAL NO.

W9128A-17-R-0001

SPECIFICATIONS
FOR

FY15 MCA PN70668 U.S. Army Pacific


(USARPAC)
Command and Control Facility (C2F)
Phase 3
Fort Shafter, Oahu, Hawaii Islands

U.S. Army Corps


of Engineers
HONOLULU DISTRICT
W9128A-17-R-0001

Section 00 01 00 - Table of Contents

MAIN TOC
MAIN TABLE OF CONTENTS

Request for Proposal (RFP) No. W9128A-17-R-0001, FY15 MCA PN70668 U.S. Army Pacific
(USARPAC) Command and Control Facility (C2F) Phase 3, Fort Shafter, Oahu, Hawaii

Section 00 10 00 SF 1442 and Proposal Schedule

Section 00 22 16 Instructions, Conditions and Notices To Offerors

Section 00 45 00 Representations and Certifications


Appendix A, SF LLL, Disclosure of Lobbying Activities

Section 00 72 00 Contract Clauses

Section 00 73 00 Special Contract Requirements


Attachment B, Project Signs

Division 01 General Requirements

Division 02 and 33 Technical Requirements

INSTRUCTIONS TO OFFERORS:

1. This procurement method is unrestricted design-bid-build procurement.

2. The RFP includes contract plans, specifications, and drawings that are FOUO/Unclassified and will be
released only to Offerors that provide the two (2) completed and signed forms via facsimile (808) 835-
4396, followed by a hardcopy sent via courier service or hand-delivered. All controlled unclassified
material must be handled in accordance with the National Industrial Security Program Operating Manual
(NISPOM) (DoD 5220-22-M) and Industrial Security Regulation (DoD 5220.22-R). No sensitive
documents pertaining to this construction project are included in the solicitation. The Offeror is
REQUIRED to COMPLETE AND RETURN the following two (2) forms via facsimile and the hardcopy
sent via courier service or hand-delivered as indicated in the Main Table of Contents, Submittal of
Proposals, prior to being eligible to receive the plans/specs portion of the RFP.

a. Completed and signed Unclassified Information Non-Disclosure Agreement; and


b. Completed and signed Instruction for Handling and Dissemination of For Official Use Only
(FOUO) Information

3. The Offeror is REQUIRED to COMPLETE AND RETURN ALL of the following sections of this
solicitation: SECTION 00 10 00 and SECTION 00 45 00 (ALL) and all Appendices. Please note that the
representations and certifications must also be completed electronically via the Online Representations
and Certifications Application (ORCA) website at http://sam.gov.

Main Table of Contents


i
W9128A-17-R-0001

4. Offerors must have and/or maintain an active registration with the System for Award Management
(SAM) website. To register in SAM, go to http://www.sam.gov.

5. Requests for Information (RFIs) shall be sent to W9128A-17-R-0001@usace.army.mil. The last day
to submit RFIs is Friday, February 3, 2017 at 10:00 a.m., Hawaii Standard Time (HST).

SUBMITTAL OF PROPOSALS:

Proposals may be submitted via U.S. Postal Service, Courier Service, or personally delivered as
follows:

A. Proposals submitted via U.S. Postal Service should be mailed to:

U.S. Army Corps of Engineers, Honolulu District


Contracting Division, ATTN: Dayna Matsumura / Jennifer Ko
Building 230, Otake Street
Fort Shafter, Hawaii, 96858-5440

B. Proposals submitted via courier service or hand delivered shall be to:

U.S. Army Corps of Engineers, Honolulu District


Contracting Division, ATTN: Dayna Matsumura / Jennifer Ko
Building 252, Walker Drive
Fort Shafter, Hawaii, 96858-5440

See Attachment A for a map to Building 252 at Fort Shafter.

Main Table of Contents


ii
W9128A-17-R-0001

Entrance to Fort Shafter is through Buckner Gate.


Due to heightened security, please have the following items available to provide to the guard:
1) valid drivers license;
2) vehicle registration;
3) certificate of insurance; and
4) current safety inspection.
All passengers must have a current photo ID.

Individuals renting a car will need to provide:


1) valid drivers license; and
2) rental car agreement.

Please allow sufficient time to be allowed on post and to find parking. (At least 1 hour)

Section 00 01 00, Attachment A, Map to Building 252


SOLICITATION, OFFER, 1. SOLICITATION NO. 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES
AND AWARD SEALED BID (IFB) 6JAN2017
W9128A-17-R-0001 1 OF 83
(Construction, Alteration, or Repair) X NEGOTIATED (RFP)

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

7. ISSUED BY CODE W9128A 8. ADDRESS OFFER TO (If Other Than Item 7) CODE
CECT - CONTRACTING DIVISION
USACE, HONOLULU DISTRICT
BLDG 252 (CECT-POH)
See Item 7
FT. SHAFTER HI 96858-5440

TEL: FAX: TEL: FAX:


9. FOR INFORMATION A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
CALL: DAYNA MATSUMURA 808-835-4379

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

FY15 MCA PN70668 USARPAC Command and Control Facility (C2F) Phase 3, Fort Shafter, Oahu, Hawaii

See Section 00 72 00, Clause 52.232-18 Availability of Funds (Apr 1984) and Clause 252.232-7007 Limitation of Governments Obligation (Apr 2014)

11. The Contractor shall begin performance within 7 calendar days and complete it within 1466 calendar days after receiving

award, X notice to proceed. This performance period is X mandatory, negotiable. (See 52.211-10 .)
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? 12B. CALENDAR DAYS
(If "YES," indicate within how many calendar days after award in Item 12B.)
14
X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:


A. Sealed offers in original and 4 copies to perform the work required are due at the place specified in Item 8 by 2:00 PM HST(hour)
local time 21 FEB 2017 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, X is not required.


C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)


Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
SOLICITATION, OFFER, AND AWARD (Continued)
(Construction, Alteration, or Repair)
OFFER (Must be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

See Item 14
CAGE CODE:______________ TIN:______________
CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is
accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than
the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN 20B. SIGNATURE 20C. OFFER DATE
OFFER (Type or print)

AWARD (To be completed by Government)


21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
(4 copies unless otherwise specified) 10 U.S.C. 2304(c) 41 U.S.C. 253(c)

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY: CODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE


28. NEGOTIATED AGREEMENT (Contractor is required to sign this 29. AWARD (Contractor is not required to sign this document.)
document and return ______
______ copies to issuing office.) Contractor agrees Y our offer on this solicitation, is hereby accepted as to the items listed. This award con-
to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and
on this form and any continuation sheets f or the consideration stated in this y our offer, and (b) this contract award. No further contractual document is
contract. The rights and obligations of the parties to this contract shall be necessary.
governed by (a) this contract award, (b) the solicitation, and (c) the clauses,
representations, certifications, and specifications or incorporated by refer-
ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)
TO SIGN (Type or print)

TEL: EMAIL:
30B. SIGNATURE 30C. DATE
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY

NSN 7540-01-155-3212 STANDARD FORM 1442 BACK (REV. 4-85)


W9128A-17-R-0001

Request for Proposal No. W9128A-17-R-0001

SECTION 00 10 00
PROPOSAL SCHEDULE

COMMAND AND CONTROL FACILITY (C2F)


FORT SHAFTER, OAHU, HAWAII
PHASE THREE SECURE OPERATIONS, COMMAND, SUPPORT OPERATIONS AND SITE
PACKAGE

CLIN DESCRIPTION QUANTITY UNIT AMOUNT

0001 C2F, Phase 3 1 JOB $

NOTES TO PROPOSAL SCHEDULE:

1. This project is incrementally funded. See Section 00 72 00, Clause 252.232-7007, Limitation of
Government Obligation (April 2014).

2. Distribute the proposal cost of the Base Schedule, CLIN No. 0001, into the categories listed in the table
below. Information provided in this table is for data gathering purposes only and will not be used to evaluate
proposals. Offerors that fail to provide the requested information may be considered nonresponsive.

a. The estimated cost for Items 1-3 below should include the total in-place cost of the building,
incorporating costs of all materials, installed equipment, labor direct and indirect, associated with
construction of the building inside the building 5-0 line. Include the cost of the caissons with each
respective building.

b. The estimated cost for Item 4 should include all costs associated with site preparation, permits, site
maintenance, landscaping, LEED certification, clean-up, etc. and all construction outside the 5-0
line.

c. The TOTAL should be the same amount as the total on the Proposal Schedule.

Item Description Estimated Cost

1. Secure Operations Building $______________

2. Command Group Building $______________

3. Support Operations Building $______________

4. Sitework and all other support facilities $______________

TOTAL $______________

Section 00 10 00 Page 1
W9128A-17-R-0001

3. Unanticipated conditions encountered during construction may necessitate quantities of work that vary
from that shown on the drawings. To minimize delays associated with encountering unanticipated
conditions during construction, provide a unit price for each of the following items. If unanticipated
conditions are encountered during construction, promptly notify the Contracting Officer that such a
condition has been encountered, describe the condition encountered, and provide a listing of which of the
following items may be necessary. Upon notification, the Contracting Officer will promptly investigate the
matter, and if necessary, may issue a Change Order directing the Contractor to proceed with any or all of the
required items. Offerors are advised that the following unit prices will not be part of the contract, but are a
starting point for initiating the change order process.

DESCRIPTION UNIT UNIT PRICE

1) Caissons - Load Test Each $

2) Caissons - Additional Length LF $

3) Caissons - Omitted Length LF $

4) Caissons Removal of LF $
Obstructions in Drilled Shafts

5) Caissons Casings Left in Place LF $

Section 00 10 00 Page 2
W9128A-17-R-0001

PAYMENT(S)

Compensation for all work to be performed under this contract will be made under the payment item(s) listed herein.
The principal features of the work to be included under the payment item(s) are noted. Work required by the
drawings and specifications and not particularly mentioned shall be included in and be paid for under the contract
price for the item to which the work pertains. Price(s) and payment(s) for the item(s) shall cover all work, complete
and finished in accordance with the specifications, schedules, and drawings, and shall be full compensation for all
work in connection therewith, including quality control and cost of performance-and payment-bond premiums as
specified in the CONTRACT CLAUSES. Price(s) and payment(s) shall constitute full and final compensation for
furnishing all materials, equipment, management, supervision, labor, transportation, fuel, power, water, and all
incidental items necessary to complete the work, except as otherwise specified to be furnished by the Government.
For the purpose of CONTRACT CLAUSE entitled "PROMPT PAYMENT FOR CONSTRUCTION
CONTRACTS", the term "designated billing office" and "designated payment office" are as follows:

a. Designated Billing Office

U.S. Army Engineer District, Honolulu


Fort Shafter Area Office, Bldg. 230
Fort Shafter, HI 96858-5440

b. Designated Payment Office

USACE Finance Center


Attn: CEFC-FP
5722 Integrity Drive
Millington, TN 38054-5005

Item number mentioned hereinafter correspond to the item number in the PROPOSAL SCHEDULE.

CLIN 0001, C2F, Phase 3, will be paid for at the contract price, complete in place and ready for use, including site
preparation; excavation; grading; caissons to the depths indicated on the drawings; buildings; waterlines; sanitary
sewer system; storm drainage system; pavement; concrete sidewalks, curbs, and gutters; tree removal, tree
protection, establishment and maintenance of turf and landscaping; mechanical work; electrical work;
telecommunications systems, LEED certification; commissioning and testing; final connections; cleanup; as-builts;
and all incidental items necessary to complete the work

- End of Section -

Section 00 10 00 Page 3
W9128A-17-R-0001

Section 00 21 16 - Instructions to Proposers

PROVISIONS INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013


52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004
52.215-20 Requirements for Certified Cost or Pricing Data or Information Other Than OCT 2010
Certified Cost or Pricing Data

PROVISIONS INCORPORATED BY FULL TEXT

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS,


AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be a DO rated order certified for national defense,
emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15
CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed-price construction contract resulting from this solicitation.

(End of provision)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY


2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the
work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of
this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror
shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not
applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting
Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination
for a secondary site of the work.

(End of provision)

Section 00 21 16 - Page 1
W9128A-17-R-0001

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL


EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance
Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate
workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority Goals for female


participation for each trade participation for each trade

69.1% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor
performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the
goals established for the geographical area where the work is actually performed. Goals are published periodically in
the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract
Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall
be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations
required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts
to meet the goals. The hours of minority and female employment and training must be substantially uniform
throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ
minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from
Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a
violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with
the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract
Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in
excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The
notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Fort Shafter,
Oahu, Hawaii.

(End of provision)

Section 00 21 16 - Page 2
W9128A-17-R-0001

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an
agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served
on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

U.S. Army Corps of Engineers, Honolulu District


Contracting Division, Attn: Contracting Officer (W9128A-17-R-0001)
Otake Street, Building 230
Fort Shafter, Hawaii 96858-5440

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

(End of provision)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting
the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters
are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for--


27 January 2016
The site visit will be after the Pre-Proposal Conference (see Section 00 21 16, Provision S-36.4, Pre-
Proposal Conference)

(End of provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

http://farsite.hill.af.mil/

http://farsite.hill.af.mil/vfdfara.htm

http://www.usace.army.mil/Portals/2/docs/Contracting/UAI_Version%203__1%20NOV%202014.pdf

(End of provision)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV


2011)

Section 00 21 16 - Page 3
W9128A-17-R-0001

(a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to
Compensation of Former DoD Officials.

(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD
officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake
activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment
restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal
Acquisition Regulation 3.104-2.

(End of provision)

252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)

(a) Definitions. As used in this provision

System for Award Management (SAM) database means the primary Government repository for contractor information
required for the conduct of business with the Government.

Commercial and Government Entity (CAGE) code means

(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE
master file. This type of code is known as an NCAGE code.

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc.
(D&B) to identify unique business entities.

Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character
suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character
suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying
alternative Electronic Funds Transfer (EFT) accounts (see FAR 32.11) for the same parent concern.

Registered in the System for Award Management (SAM) database means that

(1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and
Contractor and Government Entity (CAGE) code into the SAM database; and

(2) The contractor has completed the Core Data, Assertions, Representations and Certifications, and Points of Contact
sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number
(TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the
Government as part of the SAM registration process; and

(4) The Government has marked the record Active.

(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be
registered in the SAM database prior to award, during performance, and through final payment of any contract, basic
agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

Section 00 21 16 - Page 4
W9128A-17-R-0001

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation
DUNS or DUNS+4 followed by the DUNS or DUNS+4 number that identifies the offerors name and address
exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is
registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number

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

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

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer,
the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors
who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of Provision)

252.222-7007 REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS (JAN 2015)

By submission of its offer, the Offeror represents that it--

Section 00 21 16 - Page 5
W9128A-17-R-0001

(a) Will not engage in any trafficking in persons or related activities, including but not limited to the use of forced
labor, in the performance of this contract;

(b) Has hiring and subcontracting policies to protect the rights of its employees and the rights of subcontractor
employees and will comply with those policies in the performance of this contract; and

(c) Has notified its employees and subcontractors of--

(1) The responsibility to report trafficking in persons violations by the Contractor, Contractor employees, or
subcontractor employees, at any tier; and

(2) Employee protection under 10 U.S.C. 2409, as implemented in DFARS subpart 203.9, from reprisal for
whistleblowing on trafficking in persons violations.

(End of provision)

S-19.1 APPROVAL OF SUBCONTRACTING PLAN

If the Contract Clause in this solicitation entitled "Small Business Subcontracting Plan" or its Alternate I or II
applies, no award will be made until the subcontracting plan under the stated clause is approved.

[End of Statement]

S-19.3 SMALL DISADVANTAGED BUSINESS GOAL FOR SMALL BUSINESS SUBCONTRACTING


PLAN

When a small business subcontracting plan is required by FAR clause entitled, SMALL BUSINESS
SUBCONTRACTING PLAN, the minimum goal that will be accepted for subcontracting with Small
Disadvantaged Business is five percent (5%).

[End of Statement]

S-19A U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL, EM 385-
1-1 (Nov 2015)

This paragraph applies to contracts and purchase orders that require the contractor to comply with EM 385-1-1 (e.g.,
contracts that include the Accident Prevention clause at FAR 52.236-13 and/or other safety provisions.) EM 385-1-
1 and its changes are available at the following web site:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

The Contractor shall be responsible for complying with the current edition and all changes posted on the web as of
the effective date of this solicitation.

Per EM 385-1-1 (latest version) Contractors shall ensure timely accident reporting is strictly adhered to. PODR 265
will be completed within 24 hours of all accidents (excluding first aid injuries). ENG 3394 forms will be completed

Section 00 21 16 - Page 6
W9128A-17-R-0001

within 5 days of lost time accident and forwarded to the Contracting Officer or Contracting Officer Representative.
All accidents will be reported through the Honolulu Engineer District Safety Office, (808) 835-4009 within 24 hours
of the incident.

[End of Statement]

S-36.18 ACCIDENT PREVENTION PLAN (DEC 1998)

Within 15 days after receipt of Notice of Award of the contract, and at least 7 days prior to the preconstruction
conference, four copies of the Accident Prevention Program shall be submitted to the Contracting Officer for review
and acceptance. The program shall consist of the following forms and documents:

(a) An executed POD Form 248-R Rev (1 Jun 98), Accident Prevention Program, Administrative Plan.

(b) An executed POD Form 184-R Rev (16 Oct 98), Activity Hazard Analysis. (At the Contracting Officer's
discretion, the Contractor may submit its Activity Hazard Analysis only for the first phase of construction provided
that it is accompanied by an outline of the remaining phases of construction. All remaining phases shall be
submitted and accepted prior to the beginning of work in each phase.)

(c) A copy of company policy statement of accident prevention and any other guidance statements normally
provided new employees.

Contractor shall not commence physical work at the site until the program has been accepted by the Contracting
Officer, or his authorized representative. In developing and implementing its Accident Prevention Program, the
Contractor is also responsible for reviewing Section 1 of the most current edition of US Army Corps of Engineers
Safety and Health Requirements Manual, Engineer Manual 385-1-1. [See paragraph entitled, SAFETY
STANDARDS, in Section 00 73 00]

[End of Statement]

S-36.2 MAGNITUDE OF THE PROPOSED PROJECT [FAR 36.204]

(a) Physical Characteristics:

FY15 MCA project consists of a Secure Operations Building (including a SCIF Sensitive Compartmented
Information Facility), Command Building, and Support Operations Building. This project includes construction of
administrative and special use spaces divided into specified security zones. Facility construction includes
redundant mechanical and electrical systems with backup power for designated areas, information systems, fire
protection and alarm systems, Intrusion Detection System (IDS) installation, and Energy Monitoring connection.
Sustainable Design and Development and Energy Policy Act of 2005 (EPAct05) features will be provided.
Supporting facilities include site development, below grade utility tunnel, utilities and connections, storm
drainage, information systems, and landscaping. Air conditioning will be provided by connection to the complex
central utility plant. Access for individuals with disabilities will be provided.
This is an incrementally funded project [5 increments (Fiscal Year) FY15, FY17, FY18, FY19 and FY20].
This is Phase 3 of a 3-phase project, where the following conditions / parameters are to be expected:
Perform construction on a small congested project site adjacent to construction by another prime contractor,
and sharing access with the adjacent contractor to the project site.
Provide safe access and protection of occupants to an occupied building adjacent to the project site during
construction.
Multi-story (4 stories or higher) construction, where construction of buildings designed using Unified
Facilities Criteria (UFC) UFC 4-023-03, Design of Buildings to resist Progressive Collapse.

Section 00 21 16 - Page 7
W9128A-17-R-0001

SCIF construction requirements in accordance with UFC 4-010-05 and Intelligence Community Standard
(ICS) ICS-705 as it pertains to the construction work, mobilizing / demobilizing equipment and storing
and/or managing of supplies and/or materials.

(b) Estimated Price Range: The estimated price range of this work is: $250,000,000 to $500,000,000

[End of Statement]

S-36.4 PRE-PROPOSAL CONFERENCE (JUL 1995)

a. A pre-proposal conference will be conducted by the Government on January 27, 2017 starting at 09:00 a.m.,
Hawaii Standard Time (HST) in Building 230, Fort Shafter, Oahu, Hawaii. All planholders (prime contractors,
subcontractors, and suppliers) are urged to attend this conference.

08:30 a.m. HST Contractors shall meet at the Building 230, loading dock
*If planholders (prime contractors, subcontractors, and suppliers) arrive at 08:45 a.m.
HST, there is no guarantee the planholders will be able to attend the Pre-Proposal
Conference, as Building 230 is a secure building.

09:00 a.m. HST Pre-Proposal Conference Starts

After the Pre-Proposal Conference ends, the site visit will commence (see Section 00 21 16, Provision 52.236-7, Site
Visit, (Construction)).

Planholders who plan to attend should notify the Government of the number of attendees before the date of the
conference. Notification can be made as follows:

Dayna Matsumura, #808-835-4379 Dayna.N.Matsumura@usace.army.mil


Jennifer Ko, #808-835-4378 Jennifer.I.Ko@usace.army.mil
Graeme Silva, #808-835-4380 Graeme.L.Silva@usace.army.mil

b. Any questions planholders may have concerning the project, plans, or specifications should be submitted in
writing, on letterhead stationery, sufficiently in advance of the conference, to permit preparation of answers, which
will be provided at the conference. The questions should be faxed as soon as possible, and followed by an original
through mail. Use the facsimile number and address shown in paragraph a. above. During the conference, written,
signed questions will be accepted, and will be answered during the conference if time permits.

c. A complete record of the conference, including questions raised by planholders and answers provided by the
Government, will be made and a copy furnished to all planholders. However, any answer, clarification, or
explanation given at the conference will not qualify or change the terms of the request for proposal (including the
plans and specifications). Unless the request for proposal is amended in writing, it will remain unchanged. If an
amendment to the request for proposal is issued as a result of the conference, normal procedures relating to issuance
and acknowledgement of receipt will apply.

d. All costs incurred to attend and participate in the pre-proposal conference and any site visits (see paragraph e.
below) will be at the expense of the planholder. This includes, but is not limited to, the cost of transportation, per
diem, and hotel accommodations.

e. Refer to provision entitled SITE VISIT (CONSTRUCTION) in Section 00 21 16 for information on the pre-
proposal site visit.
[End of Statement]

Section 00 21 16 - Page 8
W9128A-17-R-0001

S-36.33 NOTIFICATION TO OFFERORS ACCESS TO MILITARY INSTALLATIONS (JULY 2004)

All vehicle operators must be prepared to provide a valid drivers license, vehicle registration, certificate of
insurance and current safety inspection to the security guard prior to entry to the Installation. Offerors should
anticipate a delay in entering the Installation and allow sufficient time when attending a site visit or pre-proposal
conference or hand delivering an offer.

S-4.1 JOINT VENTURE OFFERORS (JUN 2003)

All Offerors in a Joint Venture shall submit their executed joint venture agreement. In addition, Joint Venture firms
must obtain/submit their tax identification number (TIN), Data Universal Numbering System (DUNS) No., Section
00 45 00, Representations and Certifications and register in System for Award Management (SAM)
https://www.sam.gov/portal/public/SAM/#1.

S-52.7004 CONTROLLED UNCLASSIFIED INFORMATION NONDISCLOSURE AGREEMENT

Access to this Request for Proposal (RFP) by any contractor or subcontractor requires the signing of a Non-
Disclosure Agreement (NDA). This NDA is a contractual agreement between the U.S. Government and the
contractor / subcontractor, to never disclose the information contained in this RFP to an unauthorized person. Its
primary purpose is to inform the contractor of (1) the trust that is placed in them by providing access to this
information; (2) contractor responsibilities to protect that information from unauthorized disclosure; and (3) the
consequences that may result from the contractors failure to meet those responsibilities. Additionally, by
establishing the nature of this trust, contractor responsibilities, and the potential consequences of noncompliance in
the context of a contractual agreement, if the contractor violates that trust, the United States will be better able to
prevent an unauthorized disclosure or to discipline the contractor for such a disclosure by initiating a civil or
administrative action.

The contractor will ensure that all personnel (prime contractor and sub-contractor) that view this RFP shall execute
the NDA/Instructions for Handling and Dissemination of FOUO information and return the completed forms with
the proposal packet. Instruction for completing the NDA is contained on the form. Questions about this document
and its content should be directed to the Contracting Officer. (See Section 00 22 16, Attachment A) (Updated, 7 Mar
14)

Section 00 21 16 - Page 9
W9128A-17-R-0001

SECTION 00 22 16

PROPOSAL SUBMISSION REQUIREMENTS


AND EVALUATION FACTORS

1.0 OVERVIEW

2.0 BASIS OF AWARD

3.0 PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS

4.0 PROPOSAL CONTENTS AND RELATED EVALUATION FACTORS AND SUBFACTORS

5.0 VOLUME 1 (TECHNICAL PROPOSAL)


FACTOR 1 TECHNICAL CAPABILITY
TAB 1: SUBFACTOR 1 - CORPORATE EXPERIENCE
5.1.1 SUBMISSION REQUIREMENTS
5.1.2 EVALUATION CRITERIA

TAB 2: SUBFACTOR 2 - ORGANIZATION AND MANAGEMENT PLAN


5.2.1 SUBMISSION REQUIREMENTS
5.2.2 EVALUATION CRITERIA

6.0 FACTOR 2 - PAST PERFORMANCE


6.1 SUBMISSION REQUIREMENTS
6.2 EVALUATION CRITERIA

7.0 FACTOR 3 SMALL BUSINESS PARTICIPATION PLAN


7.1 SUBMISSION REQUIREMENTS
7.2 EVALUATION CRITERIA

8.0 VOLUME 2 FACTOR 4 PRICE PROPOSAL


8.1 SUBMISSION REQUIREMENTS
8.2 EVALUATION CRITERIA

9.0 EVALUATION PROCEDURES


9.1 SOURCE SELECTION ADVISORY COUNCIL (SSAC)
9.2 SELECTION SOURCE SELECTION EVALUATION BOARD (SSEB)
9.3 EVALUATION
9.4 DEFINITIONS
9.5 EVALUATION RATING SYSTEM

ATTACHMENTS:
A. CONTROLLED UNCLASSIFIED INFORMATION NON-DISCLOSURE AGREEMENT
B. INSTRUCTIONS FOR HANDLING AND DISSEMINATION OF FOUO INFORMATION
C. EXPERIENCE INFORMATION
D. PAST PERFORMANCE QUESTIONAIRE
E. SMALL BUSINESS PARTICIPATION PLAN FORM

Section 00 22 16 Page 1
W9128A-17-R-0001

1.0 OVERVIEW

1.1 This is a Best Value solicitation for the construction project entitled, FY15 MCA PN 70668,
USARPAC Command and Control Facility (C2F), Phase 3, Fort Shafter, Oahu, Hawaii. The Government will
evaluate the proposals in accordance with the criteria described herein and award a firm fixed-price contract
to the responsible Offeror whose proposal conforms to all the terms and conditions of the solicitation and is
determined to represent the overall best value to the Government.

All offerors (prime and proposed subcontractors personnel) that will have access to the plans and specifications
are required to complete and sign: 1) the Controlled Unclassified Information Nondisclosure Agreement (See
Attachment A); and 2) the Instructions for Handling and Dissemination of Official Use Only (FOUO)
Information (See Attachment B), before receiving the solicitation plans and specifications, because the
solicitation includes Controlled Unclassified Information which will be released only to those offerors who
provide the completed attachments. All Controlled Unclassified Information must be handled in accordance
with the National Industrial Security Program Operating Manual (NISPROM)(DoD 5220-22-M) and
Industrial Security Regulation (DoD 522.22-R). Once an Offeror submits its forms in response to the
solicitation, the Government will process the request within 1 business day and will then release the
plans/specifications to each offeror on a rolling basis.

The Offeror is to submit the signed and completed Attachment A, Controlled Unclassified Information
Nondisclosure Agreement and Attachment B, Instructions for Handling and Dissemination of Official Use Only
(FOUO) Information via facsimile at (808)835-4396, followed by a hardcopy sent via courier service or hand
delivered. Please contact the individuals below to confirm receipt of your facsimile to one of the following
individuals:
Ms. Kelly Jones (808)835-4370
Ms. Dayna Matsumura (808)835-4379
Ms. Jennifer Ko (808)835-4378
Mr. Graeme Silva (808)835-4380
Ms. Joan Kaimikaua (808)835-4376
Ms. Marilyn Clark (808)835-4400

General Description of Work: See Section 00 21 16, Provision S-36.2 Magnitude of the Proposed Project, (a)
Physical Characteristics.

1.2 Cost of Preparing Proposals

The Government will not reimburse any Offeror for any costs incurred in the preparation and submittal of its
proposal in response to this solicitation.

1.3 Inquiries

Address all inquiries regarding this solicitation to:

U.S. Army Engineer District, Honolulu


ATTN: CECT-POH (Ms. Dayna Matsumura)
Building 230, Otake Street
Fort Shafter, Hawaii 96858-5440
Phone No. (808) 835-4379
Fax No. (808) 835-4396

And

U.S. Army Engineer District, Honolulu

Section 00 22 16 Page 2
W9128A-17-R-0001

ATTN: CECT-POH (Ms. Jennifer Ko)


Building 230, Otake Street
Fort Shafter, Hawaii 96858-5440
Phone No. (808) 835-4378
Fax No. (808) 835-4396

E-Mail: W9128A-17-R-0001@usace.army.mil

Offeror Inquiry: Before submitting a Request for Information, Offerors are requested to review the plans,
specifications, the solicitation, and any amendments for answers to questions and/or comments prior to the
submission of an RFI.

Please submit RFIs to the e-mail listed above.

Last day to submit RFI questions and/or comments will be on 03 February 2017, 2:00 p.m., Hawaii Standard Time.

1.4 Place and Time Submittal of Proposals

Proposals may be submitted via U.S. Postal Service, courier service, or personally delivered as follows:

Proposals submitted via U.S. Postal Services shall be mailed to:

U.S. Army Corps of Engineers, Honolulu District


Contracting Division (CECT-POH), ATTN: Ms. Jennifer Ko / Ms. Dayna Matsumura
Bldg. 230, Otake Street
Fort Shafter, Hawaii 96858-5440

Proposals submitted via courier service or hand delivered shall be delivered to:

U.S. Army Corps of Engineers, Honolulu District


Contracting Division (CECT-POH), ATTN: Ms. Jennifer Ko / Ms. Dayna Matsumura
Bldg. 252, Walker Drive
Fort Shafter, Hawaii 96858-5440

Proposals must be clearly identified on the shipping package with the RFP number.

Proposal received by telegraph, facsimile and/or e-mail will not be accepted.

Proposals received by the Government after the date and time set for receipt of proposals will be handled in
accordance with the requirements of Provision 52.215-1, Instructions to Offerors Competitive Acquisition (Jan
2004), subparagraph (c), found in Section 00 21 16.

2.0 BASIS OF AWARD

The Contracting Officer intends to award a firm fixed-price construction contract to the responsible Offeror whose
proposal conforms to the solicitation, is fair and reasonable, and offers the best overall value to the Government,
considering all non-priced factors described herein, and price, as determined by the Source Selection Authority. All
evaluation factors, other than price, when combined are considered approximately equal to the price. The
Government reserves the right to accept other than the lowest priced Offeror or to reject all Offerors. The
Government will not award a contract to an Offeror whose proposal contains a deficiency, as described in FAR
15.001. The Government reserves the right to reject any offer if the offer is not in the best interest of the
Government.

If awarded the contract, the Offeror shall construct the project in accordance with the plans and specifications.

Section 00 22 16 Page 3
W9128A-17-R-0001

Offerors that receive an Unacceptable rating on any of the NON-PRICE factors may be determined unacceptable
and may not receive further consideration for award.

3.0 PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS

3.1 REQUIREMENT FOR SEPARATE PRICE AND TECHNICAL PROPOSALS

3.1.1 Each Offeror must submit both a Price Proposal and a Technical Proposal. The Price Proposal and the
Technical Proposal must be submitted as separate files. Ensure that each file is clearly marked to indicate its
contents; and the identity of the Offeror.

3.1.2 Both the Price Proposal and the Technical Proposal must be received by the closing date and time set
for receipt of proposals.

3.1.3 No dollar amounts from the Price Proposal are to be included in the Technical Proposal.

3.1.4 All information intended to be evaluated as part of the Technical Proposal must be submitted as part of the
Technical Proposal (Volume 1). Do not merely cross-reference similar material in the Price Proposal (Volume 2),
or vice versa. An Offeror shall include all information in its proposal and shall not attempt to incorporate
information by reference. The Government will not review information listed on website links.

3.1.5 Deviations, Exception and Assumptions

Deviations and exceptions to the terms and conditions of the solicitation are not allowed. Should the Offeror
include any standard company terms and conditions that conflict with the terms and conditions of the solicitation,
the Offeror shall be deemed unacceptable and ineligible for award. Should the Offeror have any questions related
to specific terms and conditions, these must be resolved prior to submission of its proposal. If the Offeror must
make any assumptions prior to submitting its proposal, the Offeror shall list and describe in detail the assumptions
on the first page of each Tab. All assumptions shall be fully supported with the Offerors rationale and shall fully
explain the impact, if any, on the performance and/or specific requirement of the Request for Proposal (RFP). The
Offeror shall clearly describe on the Proposal Cover Sheet submitted with the Price Proposal any assumption to the
contractual and/or technical terms and include the monetary impact on the solicitation with the price proposal. This
information will not be evaluated separately but may impact the evaluation of other factors.

3.2 DISCUSSIONS

The Government does not intend to enter into discussions with Offerors prior to making an award. An Offeror is
encouraged to present its best technical proposal and price in its initial proposal submission. However, in accordance
with FAR Part 15.306, should discussions become necessary, the Government reserves the right to conduct
discussions. If this occurs, a competitive range will be determined and Offerors in the competitive range will be
notified. The competitive range may be limited for purposes of efficiency in accordance with (IAW) FAR Part
15.306(c)(2). Upon conclusion of discussions, the Contracting Officer will request final proposal revisions and may,
upon receipt of final proposal revisions, proceed to award a contract without further discussions or notice.

3.3 GENERAL INSTRUCTIONS

3.3.1 Submit only the electronic files specifically authorized and/or required elsewhere in this section. Do not
submit excess information, to include audio-visual materials, electronic media, etc. All pages shall be numbered.

3.3.2 Proposal materials shall be in PDF file format using Adobe Acrobat software, and shall be in searchable text.
Proposals shall be tabbed and labeled in a manner to afford easy identification from a Table of Contents. Each page

Section 00 22 16 Page 4
W9128A-17-R-0001

shall be identified with the appropriate page number centered at the bottom of the page. Sheet size of the proposal
contents shall be 8-1/2 inches x 11 inches where sheets are prepared specifically for this proposal, unless another
paper size is specifically authorized elsewhere in this section for a particular submission. Do not use alternative
paper sizes (e.g., 11 x 14 or 11 x 17 sheets) unless specifically authorized in this section for a particular
submission. Do not use a font size smaller than 10 pitch, an unusual font style such as script, or condensed print for
any submission. All page margins must be at least 1 inch wide, but may include headers and footers.

3.3.3 Provide read-only PDF file format in searchable text using Adobe Acrobat software containing the technical
volume as well as a read-only PDF format using Adobe Acrobat software containing the price volume.

3.3.4 Confidential contracts cannot be submitted to demonstrate capability unless all of the information required for
evaluation as specified herein can be provided to the Government as part of the Offerors technical proposal. An
Offeror that includes information in its proposal that it does not want disclosed to the public for any purpose, or used
by the Government except for evaluation purposes, must clearly mark such information in accordance with the
instructions at FAR 52.215-1, Instructions to OfferorsCompetitive Acquisition, paragraph (e), Restriction on
disclosure and use of data.

3.3.5 For submissions with page limitations: Where authorized, alternative page sizes (11" x 14" or 11" x 17")
will count as one page. Tables of contents, proposal cover letters, and tabs between proposal information do not
count toward any page limitations in the proposal.

3.3.6 All proposal revisions shall be submitted as page replacements with revised text readily identifiable, e.g.,
bold face print or underlining. The source of the revision, e.g., Error, Omission, or Clarification, or amendment
shall be included and be annotated for each revision. Proposal replacement pages shall be numbered, shall be
clearly marked REVISED, shall show the date of revision, shall be submitted in appropriate number of copies
(e.g., if two (2) copies of the original page was required, then two (2) copies of the revised page will also be
required). The Offeror shall provide a revised copy of the entire proposal in read-only .pdf file format in searchable
text, and it shall be provided on one (1) CD-ROM along with four (4) hard copies (1 original and 3 copies).

3.4 SPECIFIC INSTRUCTIONS FOR THE TECHNICAL PROPOSAL (VOLUME 1)

3.4.1 Technical Proposal. Proposals shall contain the entire proposal in .pdf format using Adobe Acrobat software
to print to a .pdf file; do NOT scan the document(s) into a .pdf file. The text portion of the complete proposal shall
be contained as a single .pdf file in searchable text. Sections of the proposal shall be bookmarked (linked to the
index) in logical order.

3.4.2 Offerors shall submit all technical proposal documentation in Adobe PDF format on:
One (1) CD ROM; and
Four (4) hard copies each for each proposal (1 original and 3 copies)

The Price Proposal and Technical Proposal shall be submitted on separate single CDs in sealed envelopes, clearly
marked SOLICITATION NO. W9128A-17-R-0001, FY15 MCA PN70668 USARPAC COMMAND AND
CONTROL FACILITY (C2F), PHASE 3, FORT SHAFTER, OAHU, HAWAII.

Each disc shall be externally labeled with the solicitation number, volume number, date, and the Offerors name. If
the hard-copy proposal differs from the electronic version, the hard copy will govern. If the electronic files are of a
size at which it must be compressed (zipped), it shall be compressed into one file using WinZip version 6.2 or later.

3.4.3 Format and Contents of the Technical Proposal and List of Tabs. The technical proposal will be appropriately
organized using the tabs specified in the chart below. The proposals shall contain a detailed table of contents. A
cover sheet identifying the Offeror (name, address, and point of contact), contract description, and solicitation
number shall be provided. The second sheet shall be a Table of Contents. Offers that violate these rules
unnecessarily delay the evaluation process and may be rejected by the Government after the initial evaluation

Section 00 22 16 Page 5
W9128A-17-R-0001

without receiving any further consideration. The Government will not evaluate any information beyond the page
limitation noted in paragraph 3.4.4.

TAB CONTENTS OF THE TECHNICAL PROPOSAL Volume 1

A The Proposal Cover Sheet

B Technical Capability: Corporate Experience

C Technical Capability: Organization and Management Plan

D Past Performance

E Small Business Participation Plan

3.4.4 Page Limitations. The following page limitations are established for each Factor:

Factor 1 Technical Capability:


SubFactor 1 Corporate Experience 2 single sided pages per contract (not to exceed 10 pages total)
SubFactor 2 Organization and Management Plan 6 single-sided page limitation

Factor 2 Past Performance No page limitation

Factor 3 Small Business Participation Plan 5 single-sided page limitation.

Factor 4 Price No page limitation

For submissions with page limitations, the pages will be counted as follows: One side of the paper is one page;
information on both the back and front of one sheet of paper will be counted as two pages. Where authorized, fold-
out pages (11 x 14 or 11 x 17) will count as one page. Pages furnished for organizational purposes only, such as
a Table of Contents or divider tabs, are not included in the page limitation.

Section 00 22 16 Page 6
W9128A-17-R-0001

4.0 PROPOSAL CONTENT AND RELATED EVALUATION FACTORS AND SUBFACTORS

VOLUME 1 TECHNICAL PROPOSAL


TAB A The Proposal Cover Sheet
Factor/Subfactor LOCATION DESCRIPTION RELATIVE IMPORTANCE
FACTOR 1 Vol 1* TECHNICAL Most Important Factor (Equally
CAPABILITY important to Factor 2)
Subfactor 1 Vol 1 Tab B Corporate Experience 2nd Most Important Subfactor.
Subfactor 2 Vol 1 Tab C Organization and 3rd Most Important (Less
Management Plan important than Subfactor 1)
FACTOR 2 Vol 1 Tab D PAST Most Important Factor (Equally
PERFORMANCE important to Factor 1)
FACTOR 3 Vol 1 Tab E Small Business 4th Most Important Factor
Participation Plan (Less important than Factors 1
and 2, and 4 combined)

VOLUME 2 PRICE PROPOSAL


Factor/ Subfactor/
LOCATION DESCRIPTION RELATIVE IMPORTANCE
Element
N/A Vol 2 Tab 2 Signed Letter Not Rated
Responding to RFP,
SF1442 and
Acknowledgemen
FACTOR 4 Vol 2 Tab 3 SECTION 00 11 00, 4th Most Important Factor (Equal in
PRORPOSAL SCHEDULE importance to Factors 1, 2, and 3
(PRICE) combined)

N/A Vol 2 Tab 4 Bonding Capability Go / No Go

N/A Vol 2 Tab 5 Representations & Not Rated


Certifications
N/A Vol 2 Tab 6 JV Agreement (if applicable) Not Rated

N/A Vol 2 Tab 7 Subcontracting Plan Go/No Go

Section 00 22 16 Page 7
W9128A-17-R-0001

*Volume 1, TAB A: Proposal Cover Sheet. The proposal cover sheet is required by FAR 52.215-1(2)(c )(i)-9v) and
must be submitted by all Offerors. This provision, titled Instruction to Offerors Competitive Acquisition and the
format for the proposal coversheet as indicated below:

PROPOSAL COVER SHEET


1. Solicitation Number

2. The name, address, and telephone and facsimile numbers of the Offeror (and electronic address if
available).

3. Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons
authorized to negotiate on the Offerors behalf with the Government in connection with this solicitation.

4. Name, title, and signature of the person who is authorized to sign the proposal. Proposals signed
by an agent shall be accompanied by evidence of that agents authority, unless that evidence has been
previously furnished to the issuing office.

5.0 VOLUME 1 TAB B: TECHNICAL CAPABILITY

5.1 SUBFACTOR 1: CORPORATE EXPERIENCE

5.1.1 Submission Requirements

The offeror shall submit a contract portfolio with a maximum of five (5) contracts.

A contract is defined as a single contract or a single task order performed under a MATOC (Multiple
Award Task Order Contract)/SATOC (Single Award Task Order Contract)/IDIQ (Indefinite Delivery
Indefinite Quantity Contract).

Data presented shall include construction contracts relevant to this requirement as provided in the
solicitations technical narrative which the Offerors team has completed, or which are currently under
construction and are substantially complete. Relevant construction experience will be limited to
performance of contracts similar in size, scope, and complexity to that outlined in the solicitation. The
Offeror shall submit a maximum of five (5) contracts. If more than five contracts are submitted, only the
first five contracts will be evaluated. The Offeror shall submit a completed Attachment C Experience
Information form for each contract. All blocks must be filled in and all data should be accurate, current
and complete. Each contract shall be described in two pages or less. Any pages that exceed this limitation
will not be considered. The information in Attachment C includes, but is not limited to, the following
contract information:

a. Contract title, contract number, and location.


b. Contract type (for example, Indefinite-Delivery, Indefinite-Quantity task order; Design/Build;
Design-Bid-Build; Firm Fixed-Price; Cost Plus, etc.)
c. Total dollar award amount, and the total dollar amount at completion of the contract.
d. Start and completion dates (month/year) or percentage until complete to include actual completion date
(month/year).
e. Role of Offeror, provide a detailed description (address type of work self-performed, to include
design, and percentage and type of self-performed work, as applicable for each team member, and
type of work sub-contracted out)
f. Brief description of contract and how it relates to this solicitation.
g. Customer primary Point of Contact (POC) and alternate POC (name, relationship to the
contract [Administering Contracting Officer / Contracting Officer Representative, etc.],

Section 00 22 16 Page 8
W9128A-17-R-0001

agency/firm affiliation, city, state, current phone number, and e-mail address)
h. Awards or recognition received, where applicable

Note: If the Offeror is a Joint Venture (JV) and the JV does not have experience working as a JV, the partners
of the JV may submit experience on behalf of the Offeror. All references herein to the Offeror include all
proposed joint venture partners. Submitted contracts by members of a joint-venture or from the joint-venture
itself will be considered and evaluated as long as the member or joint-venture itself was the prime contractor.
Information provided from potential sub-contractors (not included in the joint venture) will not be considered
or evaluated.
The JV shall submit no more than five (5) contracts, but each respective JV partner must submit at least one (1)
contract under this Factor.

5.1.2 Evaluation Criteria

The Government will evaluate the extent of relevant experience of the prime contractor. If an offeror submits
a proposal as a joint venture, the Government will evaluate the experience of its proposed JV team and the
roles each member of the JV team will have in performing this contract. The extent of relevant experience
will be determined based on the similarity of the submitted contracts to the size, scope, and complexity of the
construction required by the solicitation. For the purposes of this solicitation, a recent contract is defined as
at least 80% complete or turned over since 2010.

When assessing an Offerors relevant experience, the Government intends to give greater weight to each of the
following:

a. Proposals that include a higher number of relevant contracts, up to a maximum of five.


b. Construction contracts for a multi-story building (4 stories or more) (i.e. hotel, apartment, office, hospital
and dormitory buildings) with progressive collapse.
c. New / renovation construction contracts with an award amount of $150,000,000 or more.
d. New construction contracts adjacent to on-going construction or adjacent to an occupied building.
e. New construction contracts demonstrating experience in managing multiple large activities
simultaneously on a secure and confined site.
f. New construction contracts to include a Sensitive Compartmented Information Facility (SCIF)
following Intelligence Community Directive Number 705 (ICD 705) requirements with at least 8,000
Square Feet (SF).

See paragraph 9.5.c for the evaluation rating system for Factor 1, Subfactor 1, Corporate Experience.

5.2 VOLUME 1 TAB C, SUBFACTOR 2: ORGANIZATION AND MANAGEMENT PLAN

5.2.1 Submission Requirements

a. Technical approach. Offerors shall provide a narrative of how it will manage and construct the
Command and Control Facility (C2F) Phase 3. The Offeror shall describe its ability to maintain
operability using reliable and proven methods in consideration of the following challenges:
A small congested project site adjacent or sharing access to on-going construction by another
prime contractor.
Ongoing construction of a project immediately adjacent to an occupied building and how the
Offeror will provide access and protection to occupants during construction.

The Offeror shall describe its understanding of multi-story (4 stories or higher) construction and the
SCIF construction requirement in accordance with UFC 4-010-05 and ICS-705 and and explain how
it will execute the construction of the project to include mobilization and demobilization of
equipment, and the storage and management of supplies and materials.

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Offeror shall describe reliable/proven methods for construction of buildings designed using UFC 4-
023-03, Design of Buildings to resist Progressive Collapse in a confined area adjacent to on-going
construction by another prime contractor.

b. Organization. Describe what firms will be included to include its roles and responsibilities and any
contractual arrangements the Offeror has established. Clearly describe any teaming or joint venture
arrangements, including a clear description of each firms roles and responsibilities on the project. Include
a simple organizational chart, illustrating the organization, including the proposed quality control group(s).
Identify the firms selected for the project, if work is not to be self-performed. The Offeror shall describe
the proposed management structure of the team, and how the construction process will be managed.

c. Self-Performed Work. Generally describe the types of work the Offeror will self-perform to comply with
the requirements in clause 52.236-1, Performance of Work by the Contactor, for self-performed work.

Note: The organization and management plan will be incorporated into the contract and the Offeror will be
expected to follow it.

5.2.2 Evaluation

a. The Government will evaluate the strengths, weaknesses, and any deficiencies in the plan. The
Government will evaluate the Offerors understanding of the requirements described in the technical
specification of the solicitation. The Government intends to assess each Offerors plan to determine how
well the Offeror understands the project.

b. Organization. The Government will evaluate the clarity and strength of the overall organization and how
well it is organized, structured, and staffed to execute the entire scope of work. If applicable, joint venture
participants contribution to the organization shall be commensurate with its skills and background.

c. Self-Performed Work. The Government will evaluate the Offerors proposal to ensure that self-performed
work complies with the requirements of Clause 52.236-1 for self-performed work.

See paragraph 9.5.c for the evaluation rating system for Factor 1, Subfactor 2, Organization and Management
Plan.

6.0 VOLUME 1 TAB D: FACTOR 2: PAST PERFORMANCE

6.1 Submission Requirements

a. For the contracts listed under Factor 1 Corporate Experience, the Government will query the Offerors
Performance Assessment Reporting System (CPARS) to validate past performance ratings on Department
of Defense contracts and any other past performance information the Government deems necessary to
evaluate an Offerors past performance.

b. For each contract that does not have a CPARS evaluation, the Offeror shall send a copy of the Past
Performance Questionnaire (PPQ) which is included in Attachment D to the points of contact responsible
for monitoring performance under such contracts. The Past Performance Questionnaire included in the
solicitation is provided for the Offeror or its team members to submit to the client for each contract the
Offeror includes in its proposal for Subfactor 1, Corporate Experience. Ensure the name, phone numbers,
and e-mail addresses are provided for the clients point of contact. Completed Past Performance
Questionnaires should be submitted with the Offerors proposal. If the Offeror is unable to obtain a
completed PPQ from a client for a contract(s) before proposal closing date, the Offeror shall complete and
submit with the proposal the first page of the PPQ (Attachment D) which will provide contact and client
information for the respective contract(s). Offerors should follow-up with clients/references to ensure

Section 00 22 16 Page 10
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timely submittal of questionnaires. The Offeror should explain problems encountered and actions taken for
any submitted contract. If the client requests, questionnaires may be submitted directly to the
Government's point of contact, via email at W9128A-17-R-0001@usace.army.mil prior to proposal
closing date. Offerors shall not incorporate by reference into its proposal PPQs previously submitted for
other solicitations. However, this does not preclude the Government from utilizing previously submitted
PPQ information in the past performance evaluation.

c. The Information contained in the questionnaires will be used to evaluate the Offerors past performance. If
any negative past performance information is received, the Offeror will be given an opportunity to provide
a rebuttal. The Offeror is responsible for ensuring it submits a copy of past performance assessments
(CPARS or PPQs) or notifies the Government and ensures that an assessment is already in CPARS.
Offerors that have no past performance ratings shall indicate it in its proposal, that it has no previous
clients and that the questionnaires cannot be provided. It is the Offerors responsibility to ensure the
referenced documentation is provided, as the Government may not make additional request for past
performance from the references. The evaluation form shall be provided to the Governments point of
contact in paragraph 1.3. Offerors are not to request past performance questionnaires on contracts that
have final CPARS evaluation. If a past performance questionnaire is received on a contract where a final
CPARS evaluation exists, the CPARS evaluation will serve as the official rating of record for evaluation
purposes.

d. The Government may contact references provided as part of Subfactor 1 Corporate Experience, for
information regarding the Offerors past performance on the contract, and for the purposes of assessing
and verifying the scope of work performed. Offerors should provide accurate, current, and complete
contact information for references provided in the contract descriptions.

e. Additionally, for each of the contracts submitted under Factor 1, the Offeror shall provide the final or most
recent Individual Subcontracting Report (or SF 294 if the report was prior to October 2005) prepared for
submission through the Electronic Subcontracting Reporting System (eSRS) for Government contracts.
For non-government contracts, the Offeror shall provide planned subcontracting goals and actual
subcontracted dollars in terms of total contract dollars for Small Business (SB) (including Alaska Native
Corporations and Indian tribes), Small Disadvantaged Business (SDB) (including ANC and Indian tribes),
Women-Owned Small Business (WOSB), HUBZone Small Business (HUBZone SB), Veteran-Owned
Small Business (VOSB), Service-Disabled Veteran-Owned Small Business (SDVOSB), and Historically
Black Colleges and Universities (HBCUs), and Minority Institutions (MI).

f. The Government may review any other sources of information for evaluating past performance. Other
sources may include, but are not limited to, past performance information retrieved through Past
Performance Information Retrieval System (PPIRS), using all CAGE/DUNS numbers of team members
(partnership, joint venture, teaming agreement, or parent company / subsidiary / affiliate) identified in the
Offerors proposal, inquires of owners representative(s), Federal Awardee Performance and Integrity
Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other sources
not provided by the Offeror.

g. While the Government may elect to consider data from other sources, the burden of providing detailed,
current, accurate and complete past performance information rests with the Offeror.

h. Verification. The Government reserves the right to verify the experience record of cited contracts or other
recent and relevant contracts not submitted by the Offerors by reviewing Past Performance Information
Retrieval System (PPIRS), or other Government appraisal systems, or by contacting owner or references.
The Government may verify any or all cited references and supplied information. An Offeror will be
afforded the opportunity to reply to or explain adverse past performance information which the Offeror has
not previously had an opportunity to address.

6.1.1 Joint Venture Submission Requirements

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Offerors submitting a proposal as a Joint Venture (JV) shall obtain a DUNS number and be registered in
SAM.gov as the offering Joint Venture. If the Offeror is a Joint Venture (JV) and it does not have the SAM
Representations and Certifications as a JV, all participants of the JV must separately complete the SAM
Representations and Certification. The Offeror must provide three (3) to no more than five (5) recent and
relevant contracts performed by the JV that reflect the JVs ability to perform the work required in this
solicitation as required by paragraph 5.1.1, Submission Requirements.

a. If the Offeror is a Joint Venture (JV) and the JV does not have experience working as a JV, the partners of
the JV may submit experience on behalf of the Offeror. The JV may submit no more than five (5)
contracts, but each respective JV partner must submit at least one (1) contract under Subfactors 1 and 2.

b. In addition to the submission requirement for Subfactor 1, Corporate Experience, the Joint Venture shall
provide a brief narrative (not to exceed 1 single-sided page) stating the roles that each partner of the Joint
Venture will perform on this project. The attached Experience Information (see Attachment C) form
and Past Performance Survey form shall be used by the Joint Venture or the JV partners. The JV and/or
JV partners shall explain how it is structured.

6.2 Evaluation Criteria

a. Past Performance Evaluation includes two aspects that results in the assessment of the Offerors
probability of performing requirements stated in the Request for Proposal (RFP) based on the Offerors
demonstrated performance on recent, relevant contracts. (For the purpose of this solicitation, a recent
contract is at least 80% complete or turned over since 2010.)

b. First, an Offerors past performance will be evaluated to determine how relevant a recent contract is to the
requirements of the RFP. The relevancy determination will be based on the submitted contracts for Subfactor
1 - Corporate Experience, Evaluation Criteria (paragraph 6.2).

c. Second, the Offerors past performance shall be given a Performance Confidence Assessment based on
how well the contractor performed on recent and relevant past contracts. When evaluating relevant past
performance and assigning a Performance Confidence rating, the Government will consider if the
information is recent and relevant, source of the information, context of the data, and general trends in
contractor performance. If any Offeror has multiple functions or divisions, the Government will only
evaluate past performance of the division or unit submitting the proposal. Owners/references may be asked
to comment on items such as quality of construction, timeliness, management of the work, subcontractor
management, including timely payment to subcontractors or suppliers, small business participation, safety,
relations between owner and contractor, level of support for such things as as-built documentation,
Operations and Maintenance (O&M) manuals, training, correcting construction errors, warranty work, etc.
The Government will target areas covered in the requirements of this proposal including records of
conforming to quality, schedule, cost control, customer satisfaction, level of support for items such as, as-
built documentation, O&M manuals, training, resolution of problems for construction errors, warranty
work, and safety. The Government will not release the interview forms to the Offeror at any time, in order
for the Government to solicit candid, unbiased interview comments.

d. The Government intends to place a higher value on contracts that document successful outcomes and are
supported by outside source confirmation, for example, but not limited to, telephone interviews with points
of contact identified in the proposal, CCASS/ACASS or other agency performance databases, Offeror
furnished references, or personal knowledge. The Government also places a higher value on recent
relevant contracts and contracts that provided particularly difficult or unique challenges, and illustrate the
innovative methods that the contractor used to successfully resolve problems. The Governments
evaluation is not limited to past performance information on the cited example contracts. Offerors without
a history of past performance will receive a neutral rating.

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e. Each entity (firm) will be rated on its own performance or that of its predecessor, if relevant, except as
described in paragraph 6.1.1. An entity may not establish past performance based on the past performance
of its proposed key personnel, apart from that of the entity. If the Government does not obtain past
performance information for the contracts identified by the Offeror and cannot establish a past
performance record for the Offeror through other sources, past performance will be rated neither favorably
nor unfavorably. The performance risk will be considered unknown.

Note: In the case of an Offeror without a record of past performance of for whom information on past
performance is not available or so sparse that no meaningful past performance rating can be reasonably
assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (See FAR
15.305(a)(2)(iv)). Therefore, the Offeror shall be determined to have a neutral past performance with a
performance risk of unknown.

For Factor 2, the Government will assign each proposal a Past Performance Relevancy Rating under the rating
system in paragraph 9.5.d and a Past Performance Confidence Rating under the rating system in paragraph
9.5.e.

7.0 VOLUME 1 FACTOR 3: SMALL BUSINESS PARTICIPATION PLAN

7.1 Submission Requirements

All Offerors shall identify the extent to which Small Businesses (SBs) (including Alaska Native Corporations
and Indian tribes), Veteran-Owned Small Businesses (VOSBs), Service-Disabled Veteran-Owned Small
Businesses (SDVOSBs), HUBZone Small Businesses, Small Disadvantaged Businesses (SDBs), Woman-
Owned Small Businesses (WOSBs), and Historically Black Colleges/Universities or Minority Institutions
(HBCU/MIs) would be utilized in the performance of this proposed contract. For small businesses, as defined
by the North American Industry Classification System (NAICS) Code applicable to this solicitation, the
Offeror shall identify their own participation as a SB, VOSB, SDVOSB, HUBZone SB, SDB, WOSB, or
HBCU/MI, and it will be considered in evaluating the proposed small business participation plan (use
Attachment 5 - Small Business Participation Plan).

Offerors must propose goals for Small Business Participation. Small business participation goals are to be an
estimated percentage of total contract dollars. Provide an overall goal to be accomplished through collective
small business participation from any type of small business, to include all small business programs, and
propose individual goals for each small business program. The work to be performed directly by a small
business prime Offeror will be included in the offerors Small Business Participation goal.
The Offerors proposal must meet the minimum Total Small Business Participation goal (all types of small
business combined) of 20% of total proposed contract value for this acquisition.

All Offerors (both large and small businesses) will be evaluated on the level of small business commitment
that they demonstrate for the proposed acquisition.

A small business Offeror also receives credit for their small business participation as a Prime Contractor and
can apply their dollar value when calculating percentages in all the applicable small business categories.

Small Business Participation Plans (from large and small businesses) will be evaluated on the basis of:

a. The extent to which Small Business (SB) firms, as defined in FAR Part 19, are specifically identified in
the proposal;

b. The extent of commitment to Small Business firms (for example, enforceable commitments will be given
additional consideration over non-enforceable commitments);

c. The complexity and variety of the work small business firms are to perform;

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d. Past performance of the Offerors in complying with the requirement of the clauses 52.219-8, Utilization of
Small Business Concerns, and 52.219-9, Small Business Subcontracting Plan (large business only); and

e. The extent of participation of SB firms in terms of value of the total acquisition and the extent of which
the proposal meets or exceeds the small business participation goals for this acquisition.

7.2 Evaluation Criteria and Rating System

The following rating for Factor 3, Small Business Participation Plan applies:

a. Outstanding. Proposal indicates an exceptional approach and understanding of the small business
objectives. Offeror is a large or small business. SB firm(s) are specifically identified in the proposal;
demonstrates substantive commitment to SB firm(s), for example, enforceable commitment with one (1) or
more firms; identifies the complexity and variety of work small businesses are to perform; demonstrates
commitment to far exceed the 20% SB Participation goal (such as offering 30% or more). For prime
contractors that are large business, the proposal displays past performance in complying with FAR 52.219-
8 and 52.219-9.

b. Good. Proposal indicates a thorough approach and understanding of the small business objectives.
Offeror is a large or small business. SB firm(s) are specifically identified in the proposal; demonstrates
substantive commitment to SB firm(s), for example, enforceable commitment with one (1) or more firms;
identifies the complexity and variety of work small businesses are to perform; demonstrates commitment
to exceed the 20% SB Participation goal. For prime contractors that are large business, the proposal
displays past performance in complying with FAR 52.219-8 and 52.219-9.

c. Acceptable. Proposal meets requirements and indicates an adequate approach and understanding of the
small business objectives. Offeror is a large or small business. SB firm(s) are specifically identified in the
proposal; demonstrates a commitment to SB firm(s); identifies the complexity and variety of work small
businesses are to perform; demonstrates commitment to meet the 20% SB Participation goal. For prime
contractors that are large business, the proposal displays past performance in complying with FAR 52.219-
8 and 52.219-9.

d. Marginal. Proposal has not demonstrated an adequate approach and understanding of the small business
objectives. Offeror is a large or small business. SB firm(s) are specifically identified in the proposal, but
the Offeror does not fully demonstrate a commitment to SB firm(s); or does not fully identify a
commitment to use SB firms or does not fully identify the work small businesses are to perform; or for
prime contractors that are large business, the proposal does not fully display past performance in
complying with FAR 52.219-8 and 52.219-9 and/or does not explain or provide justification for the lack of
substantive effort. The Offeror demonstrates a commitment to meet between 10% to 19% of the SB
participation goal.

e. Unacceptable. Proposal does not meet the small business objectives. Offeror is a large or small business,
and demonstrates commitment to meet less than 10% SB Participation goals or does not identify SBs in
the proposal; or does not fully identify a commitment to use SB firms; or does not identify the work small
businesses are to perform; or for prime contractors that are large business, the proposal does not display
past performance in complying with FAR 52.219-8 and 52.219-9 and/or does not explain or provide
justification for the lack of substantive effort.

8.0 VOLUME 2 - FACTOR 5: PRICE PROPOSAL

8.1 SPECIFIC INSTRUCTIONS FOR THE PRICE PROPOSAL (VOLUME 2)

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8.1.1 Price Proposal. Submit the Price Proposal in read-only PDF format. The only documents that can be scanned
are the SF1442, acknowledgement of amendments, and a letter from the surety for bonding capability. Sections of
the proposal shall be bookmarked (linked to the index) in logical order.

Offerors shall submit the price proposal in a second envelope that is clearly marked, PRICE PROPOSAL,
VOLUME 2, RFP NO. W9128A-17-R-0001.

Offerors shall submit the price proposal documentation on:


One (1) hard copy; and
One (1) CD ROM as one separate PDF file titled:

W9128A-17-R-0001_COMPANY NAME_PRICE PROPOSAL

8.1.2 Size Restrictions and Page Limits. The following are established for each factor:

Factor 4 Section 00 10 00 Proposal Schedule (no page limit)

Proposal material shall be submitted in PDF format. Do not use a font size smaller than 10 pitch, an unusual font
style such as script, or condensed print for any submission. Each page shall be identified with the appropriate page
number centered at the bottom of the page. Sheet size of the proposal contents shall be 8-1/2 inches x 11 inches.

8.1.3 Format and Contents of the Price Proposal and List of Tabs. The Price Proposal shall be tabbed and labeled
in a manner to afford easy identification from a Table of Contents, as indicated in the following chart below.

TAB CONTENTS OF THE PRICE PROPOSAL Volume 2

1 Coversheet

2 The SF1442 and Acknowledgement of Amendments

3 Section 00 10 00, Proposal Schedule

4 Bonding Capability
Copy of Representations and Certifications completed electronically via the System for
5
Award Management (SAM.gov).

6 JV Agreement or Articles of Organization for LLC, if applicable.

7 Subcontracting Plan (only required for Large Business Concerns)

HUBZONE CONTRACTORS. This RFP includes Contract Clause 52.219-4 regarding a 10% evaluation preference
for HUBZone small business concerns. HUBZone small business concerns electing to waive their evaluation
preference shall submit a copy of clause 52.219-4 indicating such. HUBZONE small business concerns not waiving
the evaluation preference shall submit a copy of their SBA certification letter under this tab.

Supplemental Price Breakdown. If deemed necessary to evaluate elements of the price proposal, the Government
will request a breakdown of elements of the price in a sealed envelope marked Price Breakdown Information, in
Excel format. The Government will provide details on where and how to send the breakdown. This information will
not be needed sooner than three working days after proposal submission due date. This information may be required
for the initial proposal, and if requested, for any revised proposals. This information is not an opportunity for an
Offeror to revise its non-price or price proposal.

Section 00 22 16 Page 15
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Volume 2, TAB 1: The SF 1442, Solicitation, Offer, and Award is to be completed by all Offerors and duly executed
with an original signature by an official authorized to bind the company in accordance with FAR 4.102. All
amendments must be acknowledged by all Offerors in accordance with the instructions on the Standard Form 30,
Amendment of Solicitation.

Volume 2, TAB 2: The Proposal Schedule is to be completed in its entirety by all Offerors. See Section 00 10 00
with attached notes, for further instructions.

Volume 2, TAB 3: Offerors shall provide an original letter from the offerors surety(ies) which indicates the Offeror
has bonding capability for an amount that equals or exceeds the Offerors price proposal. Failure to provide bonding
capability equal to or exceeding the Offerors proposed price will make the Offeror ineligible for award.

Volume 2, TAB 4: All Offerors must have electronically completed the annual Representations and Certifications on
the System for Award Management (SAM) Website at www.sam.gov or respond with the completed Representations
/ Certifications found in the solicitation. The Offerors are responsible for ensuring that these on-line Representations
and Certifications are updated as necessary to reflect changes, but at least annually to ensure that it is kept current,
accurate and complete. Additionally, the Offeror must also complete and return the Representations, Certifications,
and Other Statements of Offerors included in the solicitation. If the Offeror is a Joint Venture (JV) and it does not
have the SAM Representations and Certifications as a JV, all participants of the JV must separately complete the
SAM Representations and Certification.

Volume 2, TAB 5: Joint Venture Agreement (if applicable): If the Offeror is a Joint Venture (JV), include a copy of
the finalized / approved JV Agreement. JV Agreements must clearly indicate the percentages of the JV participants,
in particular the percent of the controlling party, and a clear delineation of responsibilities and authorities between
the JV parties. If the Offeror is a Limited Liability Company, include a copy of the Articles of Organization /
Incorporation.

In the case of an Offeror that is part of a large, multi-segmented business concern, provide information directly
pertaining to the specific segment of the business concern (i.e., the division, group, unit, etc.) that will perform work
under the prospective contract.

Note: If the Offeror is not required to submit any information under a listed Tab (such as a JV Agreement) in
accordance with the instructions below, the tab can be omitted.

Volume 2, TAB 6: Subcontracting Plan (only required from Large Business Concerns)

If the Offeror is a large business concern, the Offeror shall submit a subcontracting plan in accordance with FAR
52.219-9 (See Section 00 22 16, Appendix A for a sample) NO LATER THAN five (5) days after a notification
request from the Contracting Officer or the Contract Specialist. The Offeror may fax its small business
subcontracting plan to (808) 836-4396. The subcontracting goals established for small business, small disadvantaged
business, woman-owned business, HUBZone business, veteran-owned small business and service disabled veteran-
owned small business are described in Section 00 21 00, Instruction to Offerors.

The plan shall include a description of the types of services the firm proposes to subcontract with small business
(SB), small disadvantaged business (SDB) (to include historically black colleges and universities/minority
institutions (HBCU/MI)), woman-owned small business (WOSB), HUBZone business, veteran-owned small business
(VOSB) and service-disabled veteran-owned small business (SDVOSB), along with the proposed percentages of
their participation, to demonstrate a plan to meet the subcontracting goals that will apply to these contracts. The
Offeror shall provide specific information on proposed subcontracted effort for this project.

Subcontracting Plan Evaluation Criteria:

The Government will evaluate the Plan in accordance with the rating scheme in AFARS Appendix DD
(http://farsite.hill.af.mil/VFAFARA.HTM) and with the requirements of FAR Clause 52.219-9. Offerors are

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encouraged to review AFARS Appendix DD for how the subcontracting plan will be scored. To be acceptable,
subcontracting plans must address all requirements in AFARS Appendix DD, DD-301.

Subcontracting Plans shall reflect and be consistent with the commitments offered in the Small Business Participation
Plan. In accordance with DFARS 215.304 (c), when an evaluation assesses the extent that small businesses and
HBCUs are specifically identified in proposals, the small businesses and HBCUs considered in the evaluation shall
be listed in any subcontracting plan submitted.
As part of the subcontracting plan evaluation, the Government will also review information submitted or obtained for
Volume 1, Tab E, Small Business Participation Plan, to evaluate the Offerors past performance in establishing
realistic yet challenging goals, and in achieving them.

Only the selected Offerors plan will be reviewed and must be approved prior to award of the contract.

8.2 Price Proposal Evaluation Criteria

The Offerors proposed price will not be rated or scored, but will be evaluated to determine if it is fair and
reasonable, using one or more of the price analysis techniques found at FAR 15.404-1(b). The Government may
request supplemental price breakdown information to assist the Government in performing the price evaluation.

Award cannot be made at a price that exceeds that authorized by congress.

9.0 EVALUATION PROCEDURES

9.1 Source Selection Advisory Council (SSAC).

A SSAC will be established to provide a written comparative analysis of offers and recommendation for use by the
Source Selection Authority (SSA) in making the best value selection decision. The SSAC will also provide oversight
to the Source Selection Evaluation Board (SSEB).

9.2 Source Selection Evaluation Board (SSEB)

The SSEB will be established to conduct the evaluation of proposals received in response to this solicitation. The
evaluation will be based on the content of the proposal and any subsequent discussions required, as well as
information obtained from other sources, e.g. past performance information. The SSEB will not consider any
information incorporated by reference, except as expressly allowed by this solicitation.

9.3 Evaluation

a. The SSEB will evaluate the proposals and assign a consensus rating for each evaluation factor,
except that performance risk ratings are assigned to past performance (see below).

b. The Government intends to award without discussions. Offerors are cautioned to put forth best
efforts and to furnish all information clearly to allow the Government to evaluate proposals. An
Offeror should not assume that it will have an opportunity to clarify or correct anything in its
proposal after submitting it to the Government.

c. A Competitive Range is a subjective determination of the most highly rated proposals in the
event that the Government decides that discussions with competing firms are required or are
considered to be in the Governments best interests. In such an event, the Contracting Officer will
establish a competitive range of the most highly rated proposals.

d. If discussions are held, the Government may engage in a broad give and take with those Offerors in
the competitive range, in accordance with FAR 15.306 (d). The Government will provide the
Offeror via an Evaluation Notice with its significant weaknesses, deficiencies, adverse past

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performance, and any other aspects of the Offerors proposal that could enhance materially the
Offerors proposal for award. During discussions, the Government may ask the Offeror to further
explain and / or to answer questions about its proposal.

e. Upon conclusion of discussions, those Offerors that are still considered the most highly rated, will
be afforded an opportunity to submit final proposal revisions for final evaluation and selection.

9.4 Definitions

a. Deficiency. A material failure of a proposal to meet a Government requirement or a combination of


significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an
unacceptable level.

b. Weakness. A flaw in the proposal that increases the risk of unsuccessful contract performance.

c. Significant Weakness. A flaw in the proposal that appreciably increases the risk of unsuccessful contract
performance.

d. Strength. Any aspect of a proposal that, when judged against a stated evaluation criterion, enhances the
merit of the proposal or increases the probability of successful performance of the contract.

e. Significant Strength. A significant strength appreciably enhances the merit of a proposal or appreciably
enhances the probability of successful contract performance.

f. Deviation: Proposal implies or specifically offers a deviation below the specified criteria. The firm may
or may not have called the deviation to the Governments attention. A deviation is a deficiency. The
proposal must conform to the solicitation requirements for award.

9.5 Evaluation Rating System

a. General. The Government will review the proposals and rate the quality of each evaluation factor. The
SSEB will rate each proposal against the specified evaluation criteria in the Solicitation requirements. The
SSEB will not compare proposals at this time. After all proposals are rated, the Government will compare
the ratings and relative advantages and disadvantages of proposals against each other.

b. Review Write-up. The Government will support each rating with a narrative separately listing all strengths
or advantages, weaknesses or disadvantages, deficiencies, and required clarifications.

c. Factor 1, Subfactor 1, Corporate Experience, and Factor 1, Subfactor 2, Organization and Management
Plan Rating System. After listing proposal strengths, weaknesses and deficiencies, the SSEB will assign
an adjectival rating of Outstanding, Good, Acceptable, Marginal, or Unacceptable. The
adjectival ratings shall be assigned, using the following criteria, which incorporate a proposal risk
assessment:

Factor 1, Subfactor 1, Corporate Experience Organization and


Factor 1, Subfactor 2, Management Plan Combined Technical and Risk Ratings
Color Rating Description

Proposal indicates an exceptional approach and understanding of the


Blue Outstanding requirements. Strengths far outweigh any weaknesses. Risk of
unsuccessful performance is very low.

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W9128A-17-R-0001

Factor 1, Subfactor 1, Corporate Experience Organization and


Factor 1, Subfactor 2, Management Plan Combined Technical and Risk Ratings
Color Rating Description

Proposal indicates a thorough approach and understanding of the


Purple Good requirements. Proposal contains strengths which outweigh any
weaknesses. Risk of unsuccessful performance is low.

Proposal meets requirements and indicates an adequate approach and


understanding of the requirements. Strengths and weaknesses are
Green Acceptable
offsetting or will have little or no impact on contract performance. Risk
of unsuccessful performance is no worse than moderate.

Proposal has not demonstrated an adequate approach and understanding


Yellow Marginal of the requirements. The proposal has one or more weaknesses which
are not offset by strengths. Risk of unsuccessful performance is high.

Proposal does not meet requirements of the solicitation, and thus,


Red Unacceptable contains one or more deficiencies and/or risk of unsuccessful
performance is unacceptable. Proposal is unawardable.

d. Factor 2, Pass Performance Relevancy Ratings.

Aspects of relevancy include similarity, complexity, dollar value, contract type, and degree of subcontracting /
teaming.

Factor 2, Pass Performance Relevancy Ratings


Rating Definition

Very Relevant Present/past performance effort involved essentially the same scope and magnitude of
effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and
complexities this solicitation requires.

Somewhat Present/past performance effort involved some of the scope and magnitude of effort and
Relevant complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of
effort and complexities this solicitation requires.

e. Factor 2, Past Performance Confidence Assessment.

One performance confidence rating is assigned for each Offeror after evaluating the Offerors recent past
performance, focusing on performance that is relevant to the contract requirements.

Section 00 22 16 Page 19
W9128A-17-R-0001

Factor 2, Past Performance Confidence Assessment


Rating Definition

Substantial Based on the Offerors recent/relevant performance record, the Government has a high
Confidence expectation that the Offeror will successfully perform the required effort.

Satisfactory Based on the Offerors recent/relevant performance record, the Government has a
Confidence reasonable expectation that the Offeror will successfully perform the required effort.

Limited Based on the Offerors recent/relevant performance record, the Government has a low
Confidence expectation that the Offeror will successfully perform the required effort.

No Confidence Based on the Offerors recent/relevant performance record, the Government has no
expectation that the Offeror will successfully perform the required effort.

Unknown No recent/relevant performance record is available or the Offerors performance record


Confidence is so sparse that no meaningful confidence assessment rating can be reasonably
(Neutral) assigned.

Section 00 22 16 Page 20
W9128A-17-R-0001

Attachment A

CONTROLLED UNCLASSIFIED INFORMATION


NON-DISCLOSURE AGREEMENT
I, _______________________________________, an individual official, employee, consultant, or subcontractor
of or to _________________________________________________ (the Authorized Entity), intending to be
legally bound, hereby consent to the terms in this Agreement in consideration of my being granted conditional
access to certain information, specified below, that is owned by, produced by, or in the possession of the United
States Government.

As used in this Agreement, Controlled Unclassified Information (CUI) is an over-arching term that covers any
information which the loss of, misuse of, or unauthorized access to or modification of could adversely affect the
national interest or the conduct of Federal programs, or the privacy to which individuals are entitled under Section
552a of Title 5, as amended, but which has not been specifically authorized under criteria established by an
Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy. This
includes information categorized by government agencies as: For Official Use Only (FOUO) and any other
identifier used by other government agencies to categorize information as CUI. Applicable regulations governing
the handling and dissemination of FOUO are DoD Manual 5200.01-V4 and Army Regulation 380-5.

I understand and agree to the following terms and conditions of my access to the information indicated above:

1. I hereby attest that I am United States citizen.

2. I hereby acknowledge that I have received a security indoctrination concerning the nature and protection of
information to which I have been provided conditional access, including the procedures to be followed in
ascertaining whether other persons to whom I contemplate disclosing this information have been approved for
access to it, and that I understand these procedures.

3. By being granted conditional access to the information indicated above, the United States Government has
placed special confidence and trust in me and I am obligated to protect this information from unauthorized
disclosure, in accordance with the terms of this Agreement and the laws, regulations, and directives applicable to
the specific categories of information to which I am granted access.

4. I attest that I understand my responsibilities and that I am familiar with and will comply with the standards for
protecting such information that I may have access to in accordance with the terms of this Agreement and the
laws, regulations, and/or directives applicable to the specific categories of information to which I am granted
access. I understand that the United States Government may conduct inspections, at any time or place, for the
purpose of ensuring compliance with the conditions for access, dissemination, handling and safeguarding
information under this Agreement.

5. If I am represent the prime contractor, I will have my subcontractor(s) and my suppliers complete and sign
Attachment A, Controlled Unclassified Information Non-Disclosure Agreement and Attachment B, Instructions
for Handling and Dissemination of for Official Use Only (FOUO) Information PRIOR to releasing any copies or
reproduction of any part of the solicitation documents (W9128A-17-R-0001). As the prime contractor I will keep

Section 00 22 16 Attachment A Page 1


W9128A-17-R-0001

a list of subcontractor(s) and suppliers who were provided the solicitation documents. I hereby agree that the
Government reserves the right to ask the list of subcontractor(s) and suppliers who were provided a copy of the
solicitation documents.

6. I will not disclose or release any information provided to me pursuant to this Agreement without proper
authority or authorization. Should situations arise that warrant the disclosure or release of such information I will
do so only under approved circumstances and in accordance with the laws, regulations, or directives applicable to
the specific categories of information. I will honor and comply with any and all dissemination restrictions cited or
verbally relayed to me by the proper authority.

7. I hereby agree that material which I have in my possession and containing information covered by this
Agreement, will be handled and safeguarded in a manner that affords sufficient protection to prevent the
unauthorized disclosure of or inadvertent access to such information, consistent with the laws, regulations, or
directives applicable to the specific categories of information. I agree that I shall return all information to which I
have had access or which is in my possession 1) upon demand by an authorized individual; and/or 2) upon the
conclusion of my duties, association, or support to the United States Government; and/or 3) upon the
determination that my official duties do not require further access to such information.

8. I hereby agree that I will not alter or remove markings, which indicate a category of information or require
specific handling instructions, from any material I may come in contact with unless such alteration or removal is
consistent with the requirements set forth in the laws, regulations, or directives applicable to the specific category
of information. I agree that if I use information from a sensitive document or other medium, I will carry forward
any markings or other required restrictions to derivative products, and will protect them in the same matter as the
original.

9. I hereby agree that I shall promptly report to the appropriate official, in accordance with the guidance issued
for the applicable category of information, any loss, theft, misuse, misplacement, unauthorized disclosure, or
other security violation, I have knowledge of and whether or not I am personally involved. I also understand that
my anonymity will be kept to the extent possible when reporting security violations.

10. If I violate the terms and conditions of this Agreement, such violation may result in the cancellation of my
conditional access to the information covered by this Agreement. This may serve as a basis for denying me
conditional access to other types of information, to include classified national security information.

11. I hereby assign to the United States Government all royalties, remunerations, and emoluments that have
resulted, will result, or may result from any disclosure, publication, or revelation of the information not consistent
with the terms of this Agreement.

12. This Agreement is made and intended for the benefit of the United States Government and may be enforced
by the United States Government or the Authorized Entity. By granting me conditional access to information in
this context, the United States Government may seek any remedy available to it to enforce this Agreement
including, but not limited to, application for a court order prohibiting disclosure of information in breach of this
Agreement. I understand that if I violate the terms and conditions of this Agreement, I could be subjected to
administrative, disciplinary, civil, or criminal action, as appropriate, under the laws, regulations, or directives
applicable to the category of information involved and neither the United States Government nor the Authorized

Section 00 22 16 Attachment A Page 2


W9128A-17-R-0001

Entity have waived any statutory or common law evidentiary privileges or protections that they may assert in any
administrative or court proceeding to protect any CUI to which I have been given conditional access under the
terms of this Agreement.

13. I understand that all conditions and obligations imposed upon me by this Agreement apply during the time
that I am granted conditional access, and at all times thereafter.

14. Each provision of this Agreement is severable. If a court should find any provision of this Agreement to be
unenforceable, all other provisions shall remain in full force and effect.

15. My execution of this Agreement shall not nullify or affect in any manner any other secrecy or non-disclosure
Agreement which I have executed or may execute with the United States Government or any of its departments or
agencies.

16. These restrictions are consistent with and do not supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive Order No. 12958, as amended; Section 7211 of Title 5,
United States Code (governing disclosures to Congress); Section 1034 of Title 10, United States Code, as
amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the
military); Section 2302(b)(8) of Title 5, United States Code, as amended by the Whistleblower Protection Act
(governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence
Identities Protection Act of 1982 (50 USC 421 et seq.) (governing disclosures that could expose confidential
Government agents); and the statutes which protect against disclosure that may compromise the national security,
including Sections 641, 793, 794, 798, and 952 of Title 18, United States Code, and Section 4(b) of the
Subversive Activities Act of 1950 (50 USC 783(b)). The definitions, requirements, obligations, rights, sanctions,
and liabilities created by said Executive Order and listed statutes are incorporated into this agreement and are
controlling.

17. I have read this Agreement carefully and my questions, if any, have been answered. I acknowledge that the
briefing officer has made available to me any laws, regulations, or directives referenced in this document so that I
may read them at this time, if I so choose.

Signature Date

Organization (Provide Name, Address, and Phone Number)

Section 00 22 16 Attachment A Page 3


W9128A-17-R-0001

Attachment B
Instructions for Handling and Dissemination of FOUO information
Access to FOUO Information

FOUO information may be disseminated within the DoD components and between officials of the DoD
components and DoD contractors, consultants, and grantees as necessary in the conduct of official business.
FOUO information may also be released to officials in other departments and agencies of the executive and
judicial branches in performance of a valid government function.

Marking FOUO Information

Unclassified documents and material containing FOUO information shall be marked as follows:

Documents will be marked FOR OFFICIAL USE ONLY at the bottom of the front cover (if there is one),
the title page (if there is one), the first page, and the outside of the back cover (if there is one).
Pages of the document that contain FOUO information shall be marked FOR OFFICIAL USE ONLY at
the bottom.-
Each paragraph containing FOUO information shall be marked with the abbreviation FOUO in
parentheses at the beginning of the FOUO portion.
Material other than paper documents (for example, slides, computer media, films, etc.) shall bear
markings which alert the holder or viewer that the material contains FOUO information.
FOUO documents and material transmitted outside the Department of Defense must bear an expanded
marking on the face of the document so that non-DoD holders understand the status of the information. A
statement similar to this one should be used:

This document contains information exempt


from mandatory disclosure under the FOIA.
Exemption(s) _ apply.

When FOUO information is contained within a classified document, the same rules apply except that full pages
that contain FOUO information but no classified information shall be marked FOR OFFICIAL USE ONLY at
both the top and bottom of the page.

Safeguarding FOUO Information

FOUO information should be handled in a manner that provides reasonable assurance that unauthorized persons
do not gain access.

During working hours, reasonable steps should be taken to minimize risk of access by unauthorized personnel.
After working hours, FOUO may be stored as a minimum in unlocked containers, desks or cabinets if government
or government-contract building security is provided. If government or government-contract building security is
not provided, it must be stored at a minimum in a locked desk, file cabinet, bookcase, locked room, or similar
place.

FOUO documents and material may be transmitted via first class mail, parcel post, or -- for bulk shipments --
fourth class mail.

Fax or e-mail transmission of FOUO information (voice, data or facsimile) must be by encrypted communications
systems. FOUO information may not be made publicly available (i.e. placed on the internet) and if maintained on
a network, data must be encrypted at rest.

Section 00 22 16 Attachment B Page 1


W9128A-17-R-0001

FOUO documents must be destroyed by using a cross-cut shredder when no longer needed.

The Contractor is prohibited from further disclosure, dissemination, removal, or reproduction of this information
without the expressed written authorization of the
Contracting Officer of their representative.

The Contractor will maintain sufficient records to detail accountability for all copies of provided documents.

The Contractor requires written permission from the Contracting Officer or their designated representative to
share FOUO information with Foreign Nationals.

Enforcement

Administrative penalties may be imposed for misuse of FOUO information. Criminal penalties may be imposed
depending on the actual content of the information (privacy, export control, etc.).

Legal & Regulatory Authorities

5 USC 301 - Departmental Regulations


DoD Manual 5200.01-V4 - The Information Security Program: Controlled Unclassified Information
DoD Directive 5400.7 - The Freedom of Information Act (FOIA) Program
DoD Regulation 5400.7-R The DoD Freedom of Information Act Program
DoD Regulation 5400.11-R Department of Defense Privacy Program

Signature Printed Name Date

Organization (Provide Name, Address, and Phone Number)

I acknowledge and understand my responsibilities for the handling and protection of FOUO information

Section 00 22 16 Attachment B Page 2


W9128A-17-R-0001

Attachment 1
OPERATIONS SECURITY (OPSEC) ADDENDUM

(U) Operations Security (OPSEC). Contractor must develop and implement processes and procedures to protect
unclassified and sensitive aspects of the project from disclosure to unauthorized personnel (i.e., anyone operating
outside the scope of the project). Information that must be protected falls into three categories: administration /
organization, operations, and facility design. The contractor must protect organizational data that includes unit
mission, organizational structure, administrative & operational support relationships with higher headquarters and
host nation organizations. The contractor must protect operations data that includes installation activities &
operations, construction activities & operations, and installation & construction security procedures and protocols.
The contractor must also protect facility design information reflecting sensitive capabilities and vulnerabilities.
The critical information list highlights other unclassified and sensitive information that may require protection
from disclosure to unauthorized personnel.

(U/FOUO) Prime areas for consideration include: "For Official Use Only" (FOUO) document control & storage,
transmission, and destruction; worker / visitor access control & escort procedures; and material acquisition &
delivery. Contractors will PKI-encrypt all FOUO project data transmitted via unclassified internet
communications. FOUO project data may not be made publicly available (i.e., placed on the internet) and if
maintained on a publicly available network [server], data must also be encrypted at rest.

Unless FOUO material is approved for public release by the U.S. Government Contracting Officer or his
designated representative, Contractor must protect the material (e.g., facility designs, drawings, and
specifications) from public release. U.S. Government Contracting Officer or his designated representative must
approve the release of any FOUO material to foreign nationals, e.g., local national subcontractors.

All project designs, drawings, and specifications shall be returned to the U.S. Government Contracting Officer or
his designated representative upon contract termination or earlier if no longer required.

Contractor must implement acquisition and shipping procedures to protect the integrity of materials intended for
installation within a secure facility.

(U) Contractors may be required to sign the non-disclosure agreements indicating that they will not reveal or
discuss project or installation details with unauthorized personnel. Unless authorized by installation security
officer, cameras and communications devices (e.g., cell phones, laptops, thumb drives) are prohibited on
installation.

Section 00 22 16 Attachment 1 Page 1


W9128A-17-R-0001

Attachment 2

CRITICAL INFORMATION LIST (U)

1. (U) Administration / Organization Information


Installation tenant unit names or designators, unit missions or functions, organizational structure,
administrative & operational support relationships with higher headquarters and host nation
organizations
Numbers, specialties, names, and contact information of personnel assigned / working on site
Numbers and types of vehicles located on site

2. (U) Operations Information


Installation activities & operations
Construction activities & operations, such as equipment & material acquisition, delivery, &
installation procedures & schedules
Installation & construction security procedures and protocols, including strengths & weaknesses,
layout, entry control procedures
Personnel issues (e.g., disciplinary actions, alcoholism, and indebtedness)
Security violations, on-going investigations, or investigation results
Site visitors, especially distinguished visitors (e.g., agendas, visit purpose)
Utility outages (scope / impact & schedule)

3. (U) Facilities Information


Installation site plans (e.g., facilities layout, utilities & communications infrastructure)
Building designs & specifications; specific types (make & model) of equipment and materials
being installed in the facility
Computer & communications systems designs & specifications
Security system plans, capabilities, and vulnerabilities

Section 00 22 16 Attachment 2 Page 1


W9128A-17-R-0001

Attachment 3

Additional Information for Prime Contractors

1. The Prime Contractor may make additional copies or reproductions of any part of the solicitation documents
(W9128A-17-R-0001) for its subcontractors and its suppliers. The Prime Contractor shall follow Instructions
for Handling and Dissemination of FOUO Information (see Attachment B), Operations Security (OPSEC)
Addendum (Attachment 1), and Critical Information List (U) (Attachment 2).

2. The Prime Contractor shall have its subcontractors and its suppliers sign and complete the following forms:
a. Controlled Unclassified Information Non-Disclosure Agreement (Attachment A)
b. Instructions for Handling and Dissemination of FOUO Information (Attachment B)

3. The Prime Contractor shall design document control procedures, and identify personnel with the Prime
Contractor and all subcontractors and all suppliers, who will be responsible for maintaining document control
records. These personnel shall be identified. (See Attachment 4, Sample Spreadsheet for Vetting).

4. All subcontractors must also comply with all document control policies, and is prohibited from further
disclosure, dissemination, removal, or reproduction of this information without notifying the Prime
Contractor.

5. The Prime contractor-designated document control personnel shall maintain sufficient records to detail
accountability for all copies of provided documents. At a minimum the records must contain the names of all
persons issued documents along with a detailed description of the documents provided.

6. The Prime contractor document control personnel shall verify all documents are returned to their control when
no longer needed by personnel within their organization or by its subcontractors.

7. The Contractor shall limit dissemination of all information based on a need-to-know basis. The Prime
Contractor is responsible for controlling all forms of information, including documents, drawings, sketches,
photographs/exposed negatives, written descriptions of work requirements, electronic media, and similar
information. Upon request, return such information, including copies, promptly to the Contracting Officer /
Contracting Officers Representative (COR), or Site Security Manager (SSM).

8. At any time, the Government may request for the Spreadsheet for Vetting from the Prime Contractor, as well
as the completed and signed Instruction for Handling and Dissemination of FOUO Information and the
completed and signed Unclassified Information Non-Disclosure Agreement.

Section 00 22 16 Attachment 3 Page 1


W9128A-17-R-0001

Attachment 4
Sample Spreadsheet for Vetting

Request Full Name Job Title Date of Place of Citizenship Home Address
No. Birth Birth

Section 00 22 16 Attachment 4 Page 1


W9128A-17-R-0001

Attachment C
EXPERIENCE INFORMATION
(To be completed by Contractor)
If the Offeror is in a Joint Venture, identify which contractor in the Joint Venture Completed the contract.
1. Contractor: Name: 2. Contract /Task Order(TO) /Purchase Order (PO) Number:

Address:
3. Contract/TO/PO Award Amount:

4. Contract/TO /PO Status: Period of Performance:


DUNS:
Original Completion Date: Percent Complete: ______%
CAGE Code:
Actual Completion Date (with time extensions):

Award Date: Final Contract Price: Percent of work performed by Prime:

Contract Title and Location (city, state):

Type of Contract (Design-Build, Design-Bid-Build, Work Plan Construct, Firm Fixed-Price, Cost Plus, etc.):

Contract Description-- to include the role of the contractor on the contract and specific responsibilities of the contractor in
performance of the effort:

Type / scope of work performed by the Offeror:

Type / scope of work performed by Subcontractors:

Quality Awards, Letters of Appreciation, etc.

7. Project Owner or Project Manager for the Client provide:

Name:

Address:

Telephone Number and E-mail:

Section 00 22 16 Attachment C Page 1


W9128A-17-R-0001

Attachment D
USACE PAST PERFORMANCE QUESTIONNAIRE (Form PPQ-0)
CONTRACT INFORMATION (Contractor to complete Blocks 1-4)
1. Contractor Information
Firm Name: CAGE Code:
Address: DUNs Number:
Phone Number:
Email Address:
Point of Contact: Contact Phone Number:
2. Work Performed as: Prime Contractor Sub Contractor Joint Venture Other
(Explain)
Percent of contract work performed:
If subcontractor, who was the prime (Name/Phone #):
3. Contract Information
Contract Number:
Delivery/Task Order Number (if applicable):
Contract Type: Firm Fixed Price Cost Reimbursement Other (Please specify):
Contract Title:
Contract Location:

Award Date (mm/dd/yy):


Contract Completion Date (mm/dd/yy):
Actual Completion Date (mm/dd/yy):
Explain Differences:

Original Contract Price (Award Amount):


Final Contract Price (to include all modifications, if applicable):
Explain Differences:

4. Project Description:
Complexity of Work: High Medium Routine
How is this contract relevant to contract of submission? (Please provide details such as similar equipment,
requirements, conditions, etc.)

CLIENT INFORMATION (Client to complete Blocks 5-8)


5. Client Information
Name:
Title:
Phone Number:
Email Address:
6. Describe the clients role in the contract:

7. Date Questionnaire was completed (mm/dd/yy):


8. Clients Signature:

NOTE: USACE REQUESTS THAT THE CLIENT COMPLETES THIS QUESTIONNAIRE AND SUBMITS DIRECTLY BACK TO THE
OFFEROR. THE OFFEROR WILL SUBMIT THE COMPLETED QUESTIONNAIRE TO USACE WITH ITS PROPOSAL, AND MAY
DUPLICATE THIS QUESTIONNAIRE FOR FUTURE SUBMISSION ON USACE SOLICITATIONS. CLIENTS ARE HIGHLY ENCOURAGED
TO SUBMIT QUESTIONNAIRES DIRECTLY TO THE OFFEROR. HOWEVER, QUESTIONNAIRES MAY BE SUBMITTED DIRECTLY TO
USACE. PLEASE CONTACT THE OFFEROR FOR USACE POC INFORMATION. THE GOVERNMENT RESERVES THE RIGHT TO
VERIFY ANY AND ALL INFORMATION ON THIS FORM.

Section 00 22 16 - Attachment D Page 1


W9128A-17-R-0001

ATTACHMENT D (Continuation)
ADJECTIVAL RATINGS AND DEFINITIONS TO BE USED TO BEST REFLECT
YOUR EVALUATION OF THE CONTRACTORS PERFORMANCE
RATING DEFINITION NOTE
(E) Exceptional Performance meets contractual requirements An Exceptional rating is appropriate
and exceeds many to the Government/Owners when the Contractor successfully
benefit. The contractual performance of the performed multiple significant events that
element or sub-element being assessed was were of benefit to the
accomplished with few minor problems for Government/Owner. A singular benefit,
which corrective actions taken by the contractor however, could be of such magnitude that
was highly effective. it alone constitutes an Exceptional rating.
Also, there should have been NO
significant weaknesses identified.
(VG) Very Good Performance meets contractual requirements A Very Good rating is appropriate when
and exceeds some to the Governments/Owners the Contractor successfully performed a
benefit. The contractual performance of the significant event that was a benefit to the
element or sub-element being assessed was Government/Owner. There should have
accomplished with some minor problems for been no significant weaknesses identified.
which corrective actions taken by the contractor
were effective.
(S) Satisfactory Performance meets minimum contractual A Satisfactory rating is appropriate when
requirements. The contractual performance of there were only minor problems, or major
the element or sub-element contains some problems that the contractor recovered
minor problems for which corrective actions from without impact to the contract.
taken by the contractor appear or were There should have been NO significant
satisfactory. weaknesses identified. Per DOD policy, a
fundamental principle of assigning ratings
is that contractors will not be assessed a
rating lower than Satisfactory solely for
not performing beyond the requirements
of the contract.
(M) Marginal Performance does not meet some contractual A Marginal is appropriate when a
requirements. The contractual performance of significant event occurred that the
the element or sub-element being assessed contractor had trouble overcoming which
reflects a serious problem for which the impacted the Government/Owner.
contractor has not yet identified corrective
actions. The contractor's proposed actions
appear only marginally effective or were not
fully implemented.
(U) Unsatisfactory Performance does not meet most contractual An Unsatisfactory rating is appropriate
requirements and recovery is not likely in a when multiple significant events occurred
timely manner. The contractual performance of that the contractor had trouble
the element or sub-element contains serious overcoming and which impacted the
problem(s) for which the contractor's corrective Government/Owner. A singular problem,
actions appear or were ineffective. however, could be of such serious
magnitude that it alone constitutes an
unsatisfactory rating.
(N) Not Applicable No information or did not apply to your contract Rating will be neither positive nor
negative.

Section 00 22 16 - Attachment D Page 2


W9128A-17-R-0001

TO BE COMPLETED BY CLIENT

PLEASE CIRCLE THE ADJECTIVAL RATING WHICH BEST REFLECTS


YOUR EVALUATION OF THE CONTRACTORS PERFORMANCE.

1. QUALITY:
a) Quality of technical data/report preparation efforts E VG S M U N
b) Ability to meet quality standards specified for technical performance E VG S M U N
c) Timeliness/effectiveness of contract problem resolution without
E VG S M U N
extensive customer guidance
d) Adequacy/effectiveness of quality control program and adherence to
contract quality assurance requirements (without adverse effect on E VG S M U N
performance)
2. SCHEDULE/TIMELINESS OF PERFORMANCE:
a) Compliance with contract delivery/completion schedules including any
significant intermediate milestones. (If liquidated damages were assessed E VG S M U N
or the schedule was not met, please address below)
b) Rate the contractors use of available resources to accomplish tasks
E VG S M U N
identified in the contract
3. CUSTOMER SATISFACTION:
a) To what extent were the end users satisfied with the project? E VG S M U N
b) Contractor was reasonable and cooperative in dealing with your staff
(including the ability to successfully resolve disagreements/disputes; E VG S M U N
responsiveness to administrative reports, businesslike and communication)
c) To what extent was the contractor cooperative, businesslike, and
E VG S M U N
concerned with the interests of the customer?
d) Overall customer satisfaction E VG S M U N
4. MANAGEMENT/ PERSONNEL/LABOR
a) Effectiveness of on-site management, including management of
E VG S M U N
subcontractors, suppliers, materials, and/or labor force?
b) Ability to hire, apply, and retain a qualified workforce to this effort E VG S M U N
c) Government Property Control E VG S M U N
d) Knowledge/expertise demonstrated by contractor personnel E VG S M U N
e) Utilization of Small Business concerns E VG S M U N
f) Ability to simultaneously manage multiple projects with multiple
E VG S M U N
disciplines
g) Ability to assimilate and incorporate changes in requirements and/or
priority, including planning, execution and response to Government E VG S M U N
changes

Section 00 22 16 - Attachment D Page 3


W9128A-17-R-0001

h) Effectiveness of overall management (including ability to effectively


E VG S M U N
lead, manage and control the program)

5. COST/FINANCIAL MANAGEMENT
a) Ability to meet the terms and conditions within the contractually agreed
E VG S M U N
price(s)?
b) Contractor proposed innovative alternative methods/processes that
reduced cost, improved maintainability or other factors that benefited the E VG S M U N
client
c) If this is/was a Government cost type contract, please rate the
Contractors timeliness and accuracy in submitting monthly invoices with
appropriate back-up documentation, monthly status reports/budget E VG S M U N
variance reports, compliance with established budgets and avoidance of
significant and/or unexplained variances (under runs or overruns)
d) Is the Contractors accounting system adequate for management and
Yes No
tracking of costs? If no, please explain in Remarks section.
e) If this is/was a Government contract, has/was this contract been partially
or completely terminated for default or convenience or are there any
Yes No
pending terminations? Indicate if show cause or cure notices were issued,
or any default action in comment section below.
f) Have there been any indications that the contractor has had any financial
Yes No
problems? If yes, please explain below.
6. SAFETY/SECURITY
a) To what extent was the contractor able to maintain an environment of
safety, adhere to its approved safety plan, and respond to safety issues?
E VG S M U N
(Includes: following the users rules, regulations, and requirements
regarding housekeeping, safety, correction of noted deficiencies, etc.)
b) Contractor complied with all security requirements for the project and
E VG S M U N
personnel security requirements.
7. GENERAL
a) Ability to successfully respond to emergency and/or surge situations
(including notifying COR, PM or Contracting Officer in a timely manner E VG S M U N
regarding urgent contractual issues).
b) Compliance with contractual terms/provisions (explain if specific issues) E VG S M U N
c) Would you hire or work with this firm again? (If no, please explain
Yes No
below)
d) In summary, provide an overall rating for the work performed by this
E VG S M U N
contractor.

Please provide responses to the questions above (if applicable) and/or additional remarks. Furthermore,
please provide a brief narrative addressing specific strengths, weaknesses, deficiencies, or other comments
which may assist our office in evaluating performance risk (please attach additional pages if necessary):

Section 00 22 16 - Attachment D Page 4


W9128A-17-R-0001

Attachment E
SMALL BUSINESS PARTICIPATION PLAN FORM

(a) Check the applicable size and categories for the PRIME offeror only -- Check all applicable boxes:

{ } Large Business
{ } Historically Black Colleges or Universities and Minority Institutions (HBCU/MI)
{ } American Native Corporation (ANC)
{ } Small Business Prime; also categorized as a
{ } Small Disadvantaged Business (SDB)
{ } Woman-Owned Small Business (WOSB)
{ } Historically Underutilized Zone (HUB Zone) Small Business
{ } Veteran Owned Small Business (VOSB)
{ } Service Disabled Veteran Owned Small Business (SDVOSB)

(b) Submit the total combined percentage of work to be performed by both large and small businesses
(include the percentage of work to be performed both by Prime and Subcontractors):

Example: If Prime proposes a price of $1,000,000, and small business(es) will provide $250,000 in
services/supplies as a prime or subcontractor, the percent (%) planned for small businesses is 25%; and 75% for
large business equaling 100%.

Total Percentage planned for Large Business(es) ______% or $___________________


Total Percentage planned for Small Business(es) ______% or $___________________
Total ______% or $___________________

Must = 100% Must = Total Value of the Contract

(c) Please indicate the total percentage and/or total dollars of participation to be performed by each type of
subcategory small business. The percentage of work performed by Small Businesses that qualify in
multiple small business categories may be counted in each category:

Example: ACME Corporation (WOSB and SDVOSB) performing 2%; and Williams Group (SDB, HubZone
Small Business and WOSB) performing 3%. Results equate to: SDB 3%; HubZone 3%; WOSB 5%; SDVOSB
2%; VOSB 2%;). SDVOSBs are also VOSBs automatically; however VOSBs are not automatically
SDVOSBs.

HBCU / Minority Institutions Business % or $______________


American Native Corporation
And Indian Tribe Small Business % or $______________
Small Disadvantaged Business % or $______________
Women Owned Small Business % or $______________
HUBZone Small Business % or $______________
Veteran Owned Small Business % or $______________
Service Disabled Veteran Owned
Small Business % or $______________

(d) List principle supplies/services to be performed by Small Businesses:

Example: If a Small Business qualifies also as a WOSB and a SDVOSB, and the Offeror may add them to
each category below in which the SB entity qualifies.

Section 00 22 16 Attachment E Page 1


W9128A-17-R-0001

Name of Company Type of Service/Supply

Small Business (SB):

American Native Corporation and Indian Tribe (ANC):

Small Disadvantaged Business (SDB):

Women-Owned Small Business (WOSB):

Historically Underutilized Business Zone (HUB Zone):

Veteran Owned Small Business (VOSB):

Service Disabled Veteran Owned Small Business (SDVO):

Historically Black Colleges and Universities and Minority Institutions (HBCU/MI):

(e) Describe the extent of commitment to use small businesses (for example, what types of commitments if any,
are in place for this specific acquisition either small business prime, written contract, verbal, enforceable,
non- enforceable, joint venturing, mentor-protg, etc.)

Section 00 22 16 Attachment E Page 2


W9128A-17-R-0001

SAMPLE
SMALL BUSINESS SUBCONTRACTING PLAN

CONTRACTOR: ___________________________________
ADDRESS: ____________________________________
____________________________________
____________________________________
PHONE: (______)_____________________________
DUNS NO.: ____________________________________
SOLICITATION OR CONTRACT NUMBER: _______________________________
DESCRIPTION: ________________________________________________________
______________________________________________________________________
______________________________________________________________________

* Federal Acquisition Regulation (FAR), paragraph 19.708(b)(1)) prescribes the use of the clause at FAR
52.219-9 entitled "Small Business Subcontracting Plan." The following is a suggested model for use when
formulating such subcontracting plan. While this model plan has been designed to be consistent with FAR
52.219-9, other formats of a subcontracting plan may be acceptable. However, failure to include the
essential information as exemplified in this model may be cause for either a delay in acceptance or the
rejection of a bid or offer where the clause is applicable. Further, the use of this model is not intended to
waive other requirements that may be applicable under FAR 52.219-9 or that may appear in the
Governments solicitation. "SUBCONTRACT," as used in this clause, means any agreement (other than
one involving an employer-employee relationship) entered into by a federal government prime contractor
or subcontractor calling for supplies or services required for performance of the contract or subcontract.

1. The information herein provided, together with any attachments and subsequent amendments, is
submitted as a subcontracting plan to satisfy the applicable requirements of P.L. 99-661 Section 1207,
P.L. 100-180 Section 806, and FAR 52.219-9 (DEVIATION 2016-O00009). Attached is a copy the
company policy statement or internal guidance to company buyers recognizing understanding and
commitment to the aforementioned public laws.

2. The following percentage goals, expressed in terms of a percentage of total planned subcontracting
dollars for the use of small business, veteran-owned small business, service-disabled veteran-owned small
business, HUBZone small business, small disadvantaged business, and women-owned small business
concerns as subcontractors. Included are all sub-contracts that contribute to contract performance, and
may include a proportionate share of products and services that are normally allocated as indirect costs
are applicable to the contract cited above or to the contract awarded under the solicitation cited above.
The Offeror complies with 43 U.S.C. 1626. (The following table is an example.)

Total Planned Subcontracting dollars and percent under this contract Amount Percent
estimated to go to SB Categories listed below:
a. All types of business concerns under this contract. $100,000.00 44%

Section 00 22 16, Appendix A, Page - 1


W9128A-17-R-0001

b. Small Business Concerns [including American Native $18,000.00 18%


Corporations (ANC) and Indian tribes]. (% of a)
c. Veteran-Owned Small Business Concerns (% of a) $4,000.00 4%
d. Service-Disabled Veteran-Owned Small Business Concerns. $4,000.00 4%
(% of a)
e. HUBZone Business Concerns. (% of a) $7,000.00 7%
f. Small Disadvantaged Business Concerns (including ANCs and $18,000.00 18%
Indian tribes). (% of a)
g. Women-owned Small Business Concerns. (% of a) $5,000.00 5%
h. Historical Black Colleges/Universities and Minority Institutions. $2,500.00 2.5%
(% of a)

3. Option Years: (State the goals for the option years. If the same percentages will be used, state,
Same percentages as noted above will be used for each option year. If there are no option years,
leave this portion out of your plan.)

4. The following principle types of supplies and services are anticipated to be subcontracted under this
contract to small business (including ANCs and Indian tribes), veteran-owned small business, service-
disabled veteran-owned small business, HUBZone small business, small disadvantaged business
(including ANCs and Indian tribes), and women-owned small business:

Provide listing of subcontractors, contact information such as phone number or email address, their
business size, type of work, and amount to be subcontracted. For example:

Contractor Contract info Size Type of Work Amount Percent


S&S Sampling (999)555-5555 SB Soil Drilling $5,000 5%
ABC Testing abc@dot.com SDB Material testing $15,000 15%
XYZ Consultants (999)444-4444 WOSB Civil Engineering $7,500 7.5%
John Doe Surveying (000)333-3333 HUBZone Survey $15,000 15%
ACME Plumbing acme@dot.com SDB and Plumbing $8,250 8.2%
VOSB
Ace Equipment ace@dot.com SDVOSB Equipment Rental $5,000 5%
and VOSB
AAA Electrical aaa@dot.net VOSB Electrical Supplies $12,000 12%
Supplier

5. The method used to develop the subcontracting goals in paragraph 4 above involved:
Provide statement that describes how goals were developed, e.g., Identified firms that are capable of
performing the services required in the disciplines indicated above and past experience in similar
contracts.

6. The method used to identify potential sources for solicitation purposes involve:
List sources of potential subcontractors. For example: SBAs PRO-Net database, existing company
source lists, System for Award Management (SAM), General Contractors Association, past experience
and/or familiarity with specific subcontractors, etc.

7. Within the goals specified in paragraph 2 above, indirect costs are or are not included.
(A statement as to whether or not indirect costs are included in establishing subcontracting goals, and
if indirect costs are included, a description of the method used to determine the proportionate share of
indirect costs to be incurred with (i) small business (including ANCs and Indian tribes), (ii) Veteran-

Section 00 22 16, Appendix A, Page - 2


W9128A-17-R-0001

owned; (iii) Service-disabled veteran owned; (iv) HUBZone; (v) Small disadvantaged (including ANCs
and Indian tribes); (vi) women-owned business concerns).
NOTE: COMMERCIAL PLANS MUST INCLUDE INDIRECT COSTS.

8. The following individual will administer the subcontracting program:


Name: __________________________________

Title: __________________________________

Address: __________________________________

__________________________________

__________________________________

Telephone: (_______)_________________________

FAX: (_______)_________________________

The duties of the above named person(s) involve:


a. Developing and maintaining subcontractor and supplier lists of small (including ANCs and
Indian tribes), veteran-owned small, service-disabled veteran-owned small, HUBZone small,
small disadvantaged (including ANCs and Indian tribes), and women-owned small business
concerns.
b. Ensuring small (including ANCs and Indian tribes), veteran-owned small, service-disabled
veteran-owned small, HUBZone small, small disadvantaged (including ANCs and Indian tribes),
and women-owned small business concerns are considered for assignments in which they are
capable of performing.
c. Monitoring the progress toward proposed subcontracting goals, and if necessary, makes
adjustments to achieve the subcontracting goals.
d. Preparing and submitting periodic subcontracting reports to include the Individual
Subcontract Report (ISR) and the Summary Subcontract Report (SSR) using the Electronic
Subcontracting Reporting System (eSRS) at www.esrs.gov following the instructions in the eSRS
and FAR clause 52.219-9.
e. Notifying the Contracting Officer of any deviation from this subcontracting plan.
f. Make arrangements to identify small (including ANCs and Indian tribes), veteran-owned
small, service-disabled veteran-owned small, HUBZone small, small disadvantaged (including
ANCs and Indian tribes), and women-owned small business concerns through multiple sources
such as SBAs SUB-Net (http://web.sba.gov/subnet/), CCR Dynamic Small Business Search
(http://dsbs.sba.gov/dsbs/dsp_dsbs.cfm), the National Minority Purchasing Council Vendor
Information Service, the Office of Minority Business Data Center in the Department of
Commerce, the facilities of local small business, minority associations, and contact with federal
agencies Small Business Specialists.
g. Attending or arranging for the attendance of company counselors at Business Opportunity
Workshops, Minority Business Enterprise Seminars, Trade Fairs, Procurement Conferences, etc.
h. Overseeing the establishment and maintenance of contract and subcontract award records.
i. Ensuring small (including ANCs and Indian tribes), veteran owned small, service-disabled
veteran-owned small, HUBZone small, small disadvantaged (including ANCs and Indian tribes),
and women-owned small business concerns are made aware of subcontracting opportunities and
how to prepare responsive bids to the company.
j. Preparing, and submitting timely, required subcontract reports.

Section 00 22 16, Appendix A, Page - 3


W9128A-17-R-0001

k. Coordinating the companys activities during the conduct of compliance reviews by Federal
agencies.
l. Providing technical assistance; e.g., engineering, quality control, and managerial assistance to
small (including ANCs and Indian tribes), veteran owned small, service-disabled veteran-owned
small, HUBZone small, small disadvantaged (including ANCs and Indian tribes), and women-
owned small business concerns.
m. Submitting consolidated SSR annual for a twelve month period ending September 30.
n. Authority to acknowledge or reject SSRs in eSRS, including SSRs submitted by
subcontractors with subcontracting plans.
o. Other duties: ________________________________________________________________

9. The following outreach efforts will be taken to assure small business (including ANCs and Indian
tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small
business, small disadvantaged business (including ANCs and Indian tribes), and women-owned small
business concerns will have an equitable opportunity to compete for subcontracts:
Provide description of your outreach efforts. For example:
a. Sources will be identified from the Small Business Administrations PRO-Net database.
b. Sources will be requested from business development organizations such as the Chamber
of Commerce and Regional Minority Development Councils.
c. Participation in small business trade fairs.

10. The offeror agrees that the clause in this contract entitled Utilization of Small Business Concerns
will be included in all subcontracts which offer further subcontracting opportunities, and all
subcontractors (except small business concerns) who receive subcontracts in excess of $700,000
($1,500,000 for construction of any public facility) will be required to adopt and comply with a
subcontracting plan similar to this one as required by FAR 52.219-9, Small Business Subcontracting
Plan. The acceptability of percentage goals shall be determined on a case-by-case basis depending on
the supplies or services involved, the availability of potential small business (including ANCs and Indian
tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small
business, small disadvantaged business (including ANCs and Indian tribes), and women-owned small
business subcontractors, and prior experience. (Flow-down of the subcontracting plan requirement is
not applicable to subcontracts for commercial items in contracts that contain either FAR 52.212-5(e)
or FAR 52.244-6(c).)

11. The offeror agrees to:


a. Cooperate in any studies or surveys as may be required.
b. Submit periodic reports in order to allow the Government to determine the extent of
compliance by the offeror with the subcontracting plan.
c. Submit on a semi-annual basis, the Individual Subcontract Report (ISR) and the Summary
Subcontract Report (SSR) using the Electronic Subcontracting Reporting System (eSRS) at
www.esrs.gov following the instructions in eSRS and FAR Clause 52.219-9, in accordance with
the instructions of the administering contracting office.
d. Ensure that its subcontractors agree to submit ISR and/or SSR using eSRS, if applicable.
e. Provide its DUNS number, and e-mail address of the official responsible for acknowledging
receipt of or rejecting the ISRs, to all first-tier subcontractors with subcontracting plans in order
to enter the information into the eSRS when submitting ISRs; and
f. Require each subcontractor with a subcontracting plan provide the administer of this
subcontracting plan, its DUNS number, and e-mail address of the subcontractors official
responsible for acknowledging receipt of or rejecting the ISRs, to its subcontractors with
subcontracting plans.

Section 00 22 16, Appendix A, Page - 4


W9128A-17-R-0001

12. The offeror agrees to maintain the following types of records to demonstrate compliance with this
subcontracting plan:

a. Source lists, guides, and other data that identify small business (including ANCs and Indian
tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone
small business, small disadvantaged business (including ANCs and Indian tribes), and women-
owned small business concerns.
b. Organizations contacted for small business (including ANCs and Indian tribes), veteran-
owned small business, service-disabled veteran-owned small business, HUBZone small business,
small disadvantaged business (including ANCs and Indian tribes), and women-owned small
business concerns.
c. On a contract-by-contract basis, records on each subcontract solicitation resulting in an award
of more than $150,000, indicating:
(1) Whether small business (including ANCs and Indian tribes) concerns were solicited and
if not, why not,
(2) Whether veteran-owned small business concerns were solicited and if not, why not,
(3) Whether service-disabled veteran-owned business concerns were solicited and if not, why
not,
(4) Whether HUBZone business concerns were solicited and if not, why not,
(5) Whether small disadvantaged business (including ANCs and Indian tribes) concerns were
solicited and if not, why not, and
(6) Whether women-owned small business concerns were solicited and if not, why not,
(7) If applicable, the reason award was not made to a small business concern.
d. Records to support other outreach efforts to locate small business:
(1) Trade associations
(2) Business development organizations
(3) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, and
women-owned small business sources
(4) Veterans service organizations.
e. Records of internal guidance and encouragement provided to buyers through
(1) Workshops, seminars, training, business trade fairs, chamber of commerce, etc., and
(2) Monitoring performance to evaluate compliance with the programs requirements.
f. On a contract-by-contract basis, records to support award data will be submitted to the
Government, including the name, address, and business size of each subcontractor.

13. In order to comply effectively to implement this plan to the extent consistent with efficient contract
performance the following functions will be performed:
a. Assist small business (including ANCs and Indian tribes), veteran-owned small business,
service-disabled veteran-owned small business, HUBZone small business, small disadvantaged
business (including ANCs and Indian tribes), and women-owned small business concerns by
arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery
schedules so as to facilitate the participation by such concerns. Potential small business, veteran-
owned small business, service-disabled veteran-owned small business, HUBZone small business,
small disadvantaged business, and women-owned small business subcontractors are excessively
long, reasonable effort shall be made to give all such small business concerns an opportunity to
compete over a period of time.
b. Provide adequate and timely consideration of the potentialities of small business (including
ANCs and Indian tribes), veteran-owned small business, service-disabled veteran-owned small
business, HUBZone small business, small disadvantaged business (including ANCs and Indian
tribes), and women-owned small business concerns in all make-or-buy decisions.

Section 00 22 16, Appendix A, Page - 5


W9128A-17-R-0001

c. Counsel and discuss subcontracting opportunities with representatives of small business


(including ANCs and Indian tribes), veteran-owned small business, service-disabled veteran-
owned small business, HUBZone small business, small disadvantaged business (including ANCs
and Indian tribes), and women-owned small business concerns
d. Confirm that a subcontracting representing itself as a HUBZone small business concern is
identified as a certified HUBZone small business concern by accessing the Central Contractor
Registration (CCR) database or by contacting SBA.
e. Provide notice to subcontractors concerning penalties and remedies for misrepresentations of
business status as small, veteran-owned small business, HUBZone small, small disadvantaged or
women-owned small business for the purpose of obtaining a subcontract that is to be included as
part or all of a goal contained in this subcontracting plan.
f. For all competitive subcontracts over the simplified acquisition threshold in which a small
business concern received a small business preference, upon determination of the successful
subcontract offeror, each unsuccessful small business subcontractor will be informed in writing of
the name and location of the apparent successful offeror prior to award of the contract.

14. Identify if commercial plan is applicable and if does apply, if the commercial plan is the preferred
type of subcontracting plan for contractors furnishing commercial items.

15. Provide a narrative on past performance of meeting/not meeting or exceeding your subcontracting
goals.

This plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be
negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate a
subcontracting plan shall make the offeror ineligible for award of a contract.

This subcontracting plan was submitted by:


(Must be a company official with authority to contractually obligate the company.)

Signed: ___________________________________

Date: ___________________________________

Typed Name: ___________________________________

Title: ___________________________________

Phone Number: ___________________________________

Section 00 22 16, Appendix A, Page - 6


W9128A-17-R-0001

Agency Small Business Review:

Typed Name: ___________________________________

Signed: ___________________________________ Date Reviewed: ________________


Contract Specialist

Typed Name: ___________________________________

Signed: ___________________________________ Date Reviewed: ________________


Deputy for Small Business

U. S. Small Business Administration1

Typed Name: ___________________________________

Signed: ___________________________________ Date Reviewed: ________________


Procurement Center Representative
Small Business Administration

Contracting Officer Approval:

Typed Name: ___________________________________

Signed: _________________________________ Date Approved: ________________


Contracting Officer

1
By statute, SBA does not approve or disapprove a subcontracting plan; rather, SBAs comments are
advisory, and the contracting officer approves or disapproves the plan.

Section 00 22 16, Appendix A, Page - 7


W9128A-17-R-0001

Agency Small Business Review:

Typed Name: ___________________________________

Signed: ___________________________________ Date Reviewed: ________________


Contract Specialist

Typed Name: ___________________________________

Signed: ___________________________________ Date Reviewed: ________________


Deputy for Small Business

U. S. Small Business Administration1

Typed Name: ___________________________________

Signed: ___________________________________ Date Reviewed: ________________


Procurement Center Representative
Small Business Administration

Contracting Officer Approval:

Typed Name: ___________________________________

Signed: _________________________________ Date Approved: ________________


Contracting Officer

1
By statute, SBA does not approve or disapprove a subcontracting plan; rather, SBAs comments are
advisory, and the contracting officer approves or disapproves the plan.

Section 00 22 16, Appendix A, Page - 7


W9128A-17-R-0001

Section 00 45 00 - Representations and Certifications

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting JUL 2016


52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or OCT 2015
Transactions Relating to Iran-- Representation and Certifications.
52.223-4 Recovered Material Certification MAY 2008
52.236-28 Preparation of Proposals--Construction OCT 1997

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2016)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $36,500,000.

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

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of
this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System
for Award Management (SAM), and has completed the Representations and Certifications section of SAM
electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding
individual representations and certifications in the solicitation. The offeror shall indicate which option applies by
checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications
in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-
fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

Section 00 45 00 Page 1
W9128A-17-R-0001

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This
provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at
52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the
contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.209-11, Representation by Corporations Regarding delinquent Tax Liability or a Felony Conviction under
any Federal Law. This provision applies to all solicitations.

(viii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in
which the place of performance is specified by the Government.

(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is
specified by the Government.

(x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations
when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the
contract will be performed in the United States or its outlying areas.

(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the
clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for
construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to
solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the
contract is not for acquisition of commercial items.

(xv) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision
applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24,
2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Section 00 45 00 Page 2
W9128A-17-R-0001

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or
specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased
Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the
use of, EPA- designated items.

(xviii) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xix) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and
III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xx) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-
5.

(xxi) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision
applies to all solicitations.

(xxii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to
IranRepresentation and Certification. This provision applies to all solicitations.

(xxiii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision
applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher
educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

X (i) 52.204-17, Ownership or Control of Offeror.

X (ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services--Certification.

X (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated
Products (Alternate I only).

Section 00 45 00 Page 3
W9128A-17-R-0001

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website
accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies
by submission of the offer that the representations and certifications currently posted electronically that apply to this
solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months,
are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to
the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by
reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change
by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this
offer and are current, accurate, and complete as of the date of this offer.
------------------------------------------------------------------------
FAR Clause Title Date Change
------------------------------------------------------------------------
------ ---------- ------ ------
------------------------------------------------------------------------

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the
representations and certifications posted on SAM.

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a
determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian
Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This
includes administrative proceedings at the Federal and State level but only in connection with performance of a
Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or
inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-
quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory
responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business
segment; and similar positions).

Section 00 45 00 Page 4
W9128A-17-R-0001

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than
$10,000,000.

(c) If the offeror checked has in paragraph (b) of this provision, the offeror represents, by submission of this offer,
that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS)
is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the
award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the
Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty,
reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an
acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in
paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision,
whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as
required through maintaining an active registration in the System for Award Management database via
https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (OCT 2015)

Note: This notice does not apply to small businesses or foreign governments. This notice is in three parts, identified
by Roman numerals I through III.

Offerors shall examine each part and provide the requested information in order to determine Cost Accounting
Standards (CAS) requirements applicable to any resultant contract.

If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to
full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.

I. Disclosure Statement -- Cost Accounting Practices and Certification

(a) Any contract in excess of $750,000 resulting from this solicitation will be subject to the requirements of the Cost
Accounting Standards Board (48 CFR Chapter 99), except for those contracts which are exempt as specified in 48
CFR 9903.201-1.

Section 00 45 00 Page 5
W9128A-17-R-0001

(b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48
CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR
9903.202. When required, the Disclosure Statement must be submitted as a part of the offerors proposal under this
solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in
connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the
offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I
of this provision.

Caution: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not,
by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or
accumulating and reporting contract performance cost data.

(c) Check the appropriate box below:

* (1) Certificate of Concurrent Submission of Disclosure Statement. The offeror hereby certifies that, as a part of the
offer, copies of the Disclosure Statement have been submitted as follows:

(i) Original and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant Federal agency
official authorized to act in that capacity (Federal official), as applicable; and

(ii) One copy to the cognizant Federal auditor.

(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the
cognizant ACO or Federal official and/or from the loose-leaf version of the Federal Acquisition Regulation.)

Date of Disclosure Statement: ___ Name and Address of Cognizant ACO or Federal Official Where Filed: ___

The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the
cost accounting practices disclosed in the Disclosure Statement.

* (2) Certificate of Previously Submitted Disclosure Statement. The offeror hereby certifies that the required
Disclosure Statement was filed as follows:

Date of Disclosure Statement: ___ Name and Address of Cognizant ACO or Federal Official Where Filed: ___

The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the
cost accounting practices disclosed in the applicable Disclosure Statement.

* (3) Certificate of Monetary Exemption. The offeror hereby certifies that the offeror, together with all divisions,
subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and
subcontracts subject to CAS totaling $50 million or more in the cost accounting period immediately preceding the
period in which this proposal was submitted. The offeror further certifies that if such status changes before an award
resulting from this proposal, the offeror will advise the Contracting Officer immediately.

* (4) Certificate of Interim Exemption. The offeror hereby certifies that

(i) the offeror first exceeded the monetary exemption for disclosure, as defined in (3) of this subsection, in the cost
accounting period immediately preceding the period in which this offer was submitted and

(ii) in accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The
offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end

Section 00 45 00 Page 6
W9128A-17-R-0001

of that period, the offeror will immediately submit a revised certificate to the Contracting Officer, in the form
specified under subparagraph (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify submission of a
completed Disclosure Statement.

Caution: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or
subcontract of $50 million or more in the current cost accounting period may not claim this exemption (4). Further,
the exemption applies only in connection with proposals submitted before expiration of the 90-day period following
the cost accounting period in which the monetary exemption was exceeded.

II. Cost Accounting Standards -- Eligibility for Modified Contract Coverage

If the offeror is eligible to use the modified provisions of 48 CFR 9903.201-2(b) and elects to do so, the offeror shall
indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject to the
Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause.

* The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48
CFR 9903.201-2(b) and certifies that the offeror is eligible for use of the Disclosure and Consistency of Cost
Accounting Practices clause because during the cost accounting period immediately preceding the period in which
this proposal was submitted, the offeror received less than $50 million in awards of CAS-covered prime contracts
and subcontracts. The offeror further certifies that if such status changes before an award resulting from this
proposal, the offeror will advise the Contracting Officer immediately.

Caution: An offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to
result in the award of a CAS-covered contract of $50 million or more or if, during its current cost accounting period,
the offeror has been awarded a single CAS-covered prime contract or subcontract of $50 million or more.

III. Additional Cost Accounting Standards Applicable to Existing Contracts

The offeror shall indicate below whether award of the contemplated contract would, in accordance with
subparagraph (a)(3) of the Cost Accounting Standards clause, require a change in established cost accounting
practices affecting existing contracts and subcontracts.

( ___ ) yes( ___ ) no

(End of Provision)

52.230-7 PROPOSAL DISCLOSURE--COST ACCOUNTING PRACTICE CHANGES (APR 2005)

The offeror shall check ``yes'' below if the contract award will result in a required or unilateral change in cost
accounting practice, including unilateral changes requested to be desirable changes.

( ) Yes ( ) No

If the offeror checked ``Yes'' above, the offeror shall--

(1) Prepare the price proposal in response to the solicitation using the changed practice for the period of
performance for which the practice will be used; and

(2) Submit a description of the changed cost accounting practice to the Contracting Officer and the Cognizant
Federal Agency Official as pricing support for the proposal.

Section 00 45 00 Page 7
W9128A-17-R-0001

(End of provision)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS


(NOV 2011)

(a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to
Compensation of Former DoD Officials.

(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD
officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake
activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment
restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal
Acquisition Regulation 3.104-2.

(End of provision)

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015)

Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:

(d)(1) The following representations or certifications in the System for Award Management (SAM) database are
applicable to this solicitation as indicated:

(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to
all solicitations with institutions of higher education.

(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign
Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be
performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices
and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies
to solicitations with a value expected to exceed the simplified acquisition threshold.

(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part
in a foreign country.

(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities--
Representations. Applies to solicitations for the acquisition of commercial satellite services.

(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of
Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vii) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will
be in Italy.

(viii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance
will be in Spain.

Section 00 45 00 Page 8
W9128A-17-R-0001

(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for
direct purchase of ocean transportation services or those with an anticipated value at or below the simplified
acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the
Contracting Officer:

X (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.

____ (iii) 252.225-7020, Trade Agreements Certificate.

____ Use with Alternate I.

X (iv) 252.225-7031, Secondary Arab Boycott of Israel.

____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at
https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of
the offer that the representations and certifications currently posted electronically that apply to this solicitation as
indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12
months, are current, accurate, complete, and applicable to this solicitation (including the business size standard
applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in
this offer by reference (see FAR 4.1201); except for the changes identified below ____ [offeror to insert changes,
identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also
incorporated in this offer and are current, accurate, and complete
as of the date of this offer.

FAR/DFARS Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the
representations and certifications located in the SAM database.

(End of provision)

252.209-7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (JUN 2010)

(a) Definitions. As used in this provision--

Section 00 45 00 Page 9
W9128A-17-R-0001

(1) Effectively owned or controlled means that a foreign government or any entity controlled by a foreign government has
the power, either directly or indirectly, whether exercised or exercisable, to control the election, appointment, or tenure of
the Offerors officers or a majority of the Offerors board of directors by any means, e.g., ownership, contract, or operation
of law (or equivalent power for unincorporated organizations).

(2) Entity controlled by a foreign government

(i) Means

(A) Any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government;
or

(B) Any individual acting on behalf of a foreign government.

(ii) Does not include an organization or corporation that is owned, but is not controlled, either directly or indirectly, by a
foreign government if the ownership of that organization or corporation by that foreign government was effective before
October 23, 1992.

(3) Foreign government includes the state and the government of any country (other than the United States and its
outlying areas) as well as any political subdivision, agency, or instrumentality thereof.

(4) Proscribed information means

(i) Top Secret information;

(ii) Communications security (COMSEC) material, excluding controlled cryptographic items when unkeyed or
utilized with unclassified keys;

(iii) Restricted Data as defined in the U.S. Atomic Energy Act of 1954, as amended;

(iv) Special Access Program (SAP) information; or

(v) Sensitive Compartmented Information (SCI).

(b) Prohibition on award. No contract under a national security program may be awarded to an entity controlled by a
foreign government if that entity requires access to proscribed information to perform the contract, unless the Secretary of
Defense or a designee has waived application of 10 U.S.C. 2536(a).

(c) Disclosure. The Offeror shall disclose any interest a foreign government has in the Offeror when that interest constitutes
control by a foreign government as defined in this provision. If the Offeror is a subsidiary, it shall also disclose any
reportable interest a foreign government has in any entity that owns or controls the subsidiary, including reportable interest
concerning the Offerors immediate parent, intermediate parents, and the ultimate parent. Use separate paper as needed, and
provide the information in the following format:

Offerors Point of Contact for Questions about Disclosure


(Name and Phone Number with Country Code, City Code and Area Code, as applicable)

Name and Address of Offeror

Name and Address of Entity Controlled by a Foreign Description of Interest, Ownership Percentage, and
Government Identification of Foreign Government

Section 00 45 00 Page 10
W9128A-17-R-0001

(End of provision)

252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL VIOLATION UNDER


ANY FEDERAL OR STATE LAW (DEVIATION 2012-O0007) (MAR 2012)

(a) In accordance with section 514 of Division H of the Consolidated Appropriations Act, 2012, none of the funds
made available by that Act may be used to enter into a contract with any corporation that was convicted of a felony
criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is
aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a
determination that this further action is not necessary to protect the interests of the Government.
(b) The Offeror represents that it is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a
Federal or State law within the preceding 24 months.

(End of provision)

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether
transportation of supplies by sea is anticipated under the resultant contract. The term supplies is defined in the
Transportation of Supplies by Sea clause of this solicitation.

(b) Representation. The Offeror represents that it:

____ (1) Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract
resulting from this solicitation.

____ (2) Does not anticipate that supplies will be transported by sea in the performance of any contract or
subcontract resulting from this solicitation.

(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the
Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR
Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.

(End of provision)

S-102 CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR PROCESSING DAVIS-
BACON ACT CERTIFIED LABOR PAYROLLS (JULY 2011)
The Contractor is encouraged to use a commercially-available electronic system to process and submit certified
payrolls electronically to the Government. The Davis-Bacon Act (DBA) establishes requirements for preparing,
processing and providing certified payrolls, as stated in FAR 52.222-8, PAYROLLS AND BASIC RECORDS and
FAR 52.222-13, COMPLIANCE WITH DAVIS-BACON AND RELATED REGULATIONS.
If the Contractor elects to use an electronic DBA payroll processing system, obtain and provide all access, licenses,
and other services required to provide for receipt, processing, certifying, electronically transmitting to the
Government, and storing all payrolls and other data required to comply with DBA and related Act regulations. An
electronic DBA payroll system shall use the electronic payroll service to prepare, process, and maintain the relevant
payrolls and basic records during all work under the contract. The electronic payroll service shall be capable of
preserving these payrolls and related records for the required three years after contract completion. Obtain and

Section 00 45 00 Page 11
W9128A-17-R-0001

provide electronic system access to the Government, as required to comply with the DBA and related Act
regulations over the duration of the contract. Access shall include electronic review access by the Government
contract administration office to the Contractors electronic processing system.
The provision and use of an electronic payroll system shall meet the following functional criteria: commercially
available; compliant with appropriate DBA payroll provisions in the FAR; able to accommodate the required
number of employees and subcontractors planned to be employed under the contract; capable of producing an Excel
spreadsheet-compatible electronic output of weekly payroll records (format at
http://www.mssupport.com/guides.aspx) for export in an excel spreadsheet to be imported into the Contractors
Quality Control System (QCS) version of Resident Management System (RMS), that in turn shall export payroll
data to the Governments Resident Management System (RMS); demonstrated security of data and data entry rights;
ability to produce Contractor-certified electronic versions of weekly payroll data; ability to identify erroneous data
entries and track the data/time of all versions of the certified DBA payrolls submitted to the Government over the
life of the contract; capable of generating a durable record copy, that is, a CD or DVD and PDF file record of data
from the system database at end of the contract closeout. Provide the durable record copy to the Government during
contract closeout.
Include all Contractor-incurred costs related to the provision and use of an electronic payroll processing service in
the contract price for the overall work under the contract. There will be no separate line item for or payment of costs
for DBA compliance or the use of electronic payroll processing services.

S-7 IDENTIFICATION OF PARTNERS

(Applicable where the offeror has identified itself as a partnership or joint venture.)

The full names of all partners are listed below:

__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________

[End of Statement]

Section 00 45 00 Page 12
W9128A-17-R-0001

Section 00 45 00, Lobbying Disclosure, Appendix A - 1


W9128A-17-R-0001

Section 00 45 00, Lobbying Disclosure, Appendix A - 2


W9128A-17-R-0001

Section 00 72 00 - General Conditions

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013


52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees MAY 2014
52.203-7 Anti-Kickback Procedures MAY 2014
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014
52.203-12 Limitation On Payments To Influence Certain Federal Transactions OCT 2010
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees APR 2014
of Whistleblower Rights
52.204-2 Alt II Security Requirements (Aug 1996) - Alternate II APR 1984
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2015
52.204-13 System for Award Management Maintenance JUL 2013
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors OCT 2015
Debarred, Suspended, or Proposed for Debarment
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters JUL 2013
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations NOV 2015
52.210-1 Market Research APR 2011
52.211-13 Time Extensions SEP 2000
52.211-15 Defense Priority And Allocation Requirements APR 2008
52.215-2 Audit and Records--Negotiation OCT 2010
52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011
52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010
52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997
52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost OCT 2010
or Pricing Data -- Modifications
52.215-23 Limitations on Pass-Through Charges OCT 2009
52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns OCT 2014
52.219-9 Small Business Subcontracting Plan OCT 2015
52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999
52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013
52.222-1 Notice To The Government Of Labor Disputes FEB 1997
52.222-3 Convict Labor JUN 2003
52.222-4 Contract Work Hours and Safety Standards- Overtime Compensation MAY 2014
52.222-6 Construction Wage Rate Requirements MAY 2014
52.222-7 Withholding of Funds MAY 2014
52.222-8 Payrolls and Basic Records MAY 2014
52.222-9 Apprentices and Trainees JUL 2005
52.222-10 Compliance with Copeland Act Requirements FEB 1988
52.222-11 Subcontracts (Labor Standards) MAY 2014
52.222-12 Contract Termination-Debarment MAY 2014
52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations MAY 2014
52.222-14 Disputes Concerning Labor Standards FEB 1988
52.222-15 Certification of Eligibility MAY 2014
52.222-21 Prohibition Of Segregated Facilities APR 2015
52.222-26 Equal Opportunity SEP 2016
52.222-27 Affirmative Action Compliance Requirements for Construction APR 2015
52.222-35 Equal Opportunity for Veterans OCT 2015

Section 00 72 00 Page 1
W9128A-17-R-0001

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014


52.222-37 Employment Reports on Veterans FEB 2016
52.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC 2010
52.222-50 Combating Trafficking in Persons MAR 2015
52.222-54 Employment Eligibility Verification OCT 2015
52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.223-6 Drug-Free Workplace MAY 2001
52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items MAY 2008
52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007
52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction MAY 2008
Contracts
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.228-1 Bid Guarantee SEP 1996
52.228-2 Additional Bond Security OCT 1997
52.228-5 Insurance - Work On A Government Installation JAN 1997
52.228-11 Pledges Of Assets JAN 2012
52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014
52.228-14 Irrevocable Letter of Credit NOV 2014
52.228-15 Performance and Payment Bonds--Construction OCT 2010
52.229-3 Federal, State And Local Taxes FEB 2013
52.230-2 Cost Accounting Standards OCT 2015
52.230-6 Administration of Cost Accounting Standards JUN 2010
52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014
52.232-16 Progress Payments APR 2012
52.232-17 Interest MAY 2014
52.232-23 Assignment Of Claims MAY 2014
52.232-27 Prompt Payment for Construction Contracts MAY 2014
52.232-33 Payment by Electronic Funds Transfer--System for Award Management JUL 2013
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013
52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.236-2 Differing Site Conditions APR 1984
52.236-3 Site Investigation and Conditions Affecting the Work APR 1984
52.236-5 Material and Workmanship APR 1984
52.236-6 Superintendence by the Contractor APR 1984
52.236-7 Permits and Responsibilities NOV 1991
52.236-8 Other Contracts APR 1984
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and APR 1984
Improvements
52.236-10 Operations and Storage Areas APR 1984
52.236-11 Use and Possession Prior to Completion APR 1984
52.236-12 Cleaning Up APR 1984
52.236-13 Accident Prevention NOV 1991
52.236-14 Availability and Use of Utility Services APR 1984
52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) - Alternate I APR 1984
52.236-26 Preconstruction Conference FEB 1995
52.242-13 Bankruptcy JUL 1995
52.242-14 Suspension of Work APR 1984
52.243-4 Changes JUN 2007
52.244-6 Subcontracts for Commercial Items SEP 2016
52.246-12 Inspection of Construction AUG 1996
52.246-21 Warranty of Construction MAR 1994
52.247-63 Preference For U.S. Flag Air Carriers JUN 2003

Section 00 72 00 Page 2
W9128A-17-R-0001

52.248-3 Value Engineering-Construction OCT 2015


52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price) (Apr 2012) - SEP 1996
Alternate I
52.249-10 Default (Fixed-Price Construction) APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

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

Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized
to act on behalf of the organization.

Full cooperation

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and
extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete
response to Government auditors' and investigators' request for documents and access to employees with
information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require-
-

(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product
doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her
attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from--

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

Principal means an officer, director, owner, partner, or a person having primary management or supervisory
responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business
segment; and similar positions).

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a
prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime
contractor or another subcontractor.

United States means the 50 States, the District of Columbia, and outlying areas.

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

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

Section 00 72 00 Page 3
W9128A-17-R-0001

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

(2) The Contractor shall--

(i) Exercise due diligence to prevent and detect criminal conduct; and

(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance
with the law.

(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a
copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract
or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or
subcontractor of the Contractor has committed--

(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in
Title 18 of the United States Code; or

(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained
pursuant to the Contractor's disclosure as confidential where the information has been marked confidential or
proprietary by the company. To the extent permitted by law and regulation, such information will not be released
by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without
prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any
department or agency within the Executive Branch if the information relates to matters within the organization's
jurisdiction.

(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a
multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument
intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the
agency responsible for the basic contract.

(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not
apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if
this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the
following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:

(1) An ongoing business ethics awareness and compliance program.

(i) This program shall include reasonable steps to communicate periodically and in a practical manner the
Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and
compliance program and internal control system, by conducting effective training programs and otherwise
disseminating information appropriate to an individual's respective roles and responsibilities.

(ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as
appropriate, the Contractor's agents and subcontractors.

(2) An internal control system.

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

(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with
Government contracts; and

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

Section 00 72 00 Page 4
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(ii) At a minimum, the Contractor's internal control system shall provide for the following:

(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the
business ethics awareness and compliance program and internal control system.

(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as
having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct.

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

(1) Monitoring and auditing to detect criminal conduct;

(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal
control system, especially if criminal conduct has been detected; and

(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the
business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of
criminal conduct identified through this process.

(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which
employees may report suspected instances of improper conduct, and instructions that encourage employees to make
such reports.

(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper
conduct.

(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in
connection with the award, performance, or closeout of any Government contract performed by the Contractor or a
subcontractor thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of
the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or
gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the
agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.

(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a
multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument
intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the
agency responsible for the basic contract, and the respective agencies' contracting officers.

(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the
contract.

(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.

(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.

(d) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that have a
value in excess of $5.5 million and a performance period of more than 120 days.

Section 00 72 00 Page 5
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(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act
or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the
Contracting Officer.

(End of clause)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC


2014)

The Contractor's representations and certifications, including those completed electronically via the System for
Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within seven (7) calendar days after the
date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire
work ready for use not later than one thousand four hundred sixty-six days (1,466). The time stated for completion
shall include final cleanup of the premises.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay
liquidated damages to the Government in the amount of $18,500 for each calendar day of delay until the work is
completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until
the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination
clause.

(End of clause)

52.225-11 BUY AMERICAN--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (FEB 2016)

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

Caribbean Basin country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been
substantially transformed in a Caribbean Basin country into a new and different construction material distinct from
the materials from which it was transformed.

Commercially available off-the-shelf (COTS) item

Section 00 72 00 Page 6
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(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form
in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4)such as agricultural products and petroleum
products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or
subcontractor for incorporation into the building or work. The term also includes an item brought to the site
preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency
lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or
work and that are produced as complete systems, are evaluated as a single and distinct construction material
regardless of when or how the individual parts or components of those systems are delivered to the construction site.
Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of
incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any
applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component,
including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but
excluding profit. Cost of components does not include any costs associated with the manufacture of the construction
material.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba,
Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia,
Liechtenstein, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal,
Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican
Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama,
Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia,
Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea,
Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali,
Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon
Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin
Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St.
Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Section 00 72 00 Page 7
W9128A-17-R-0001

Designated country construction material means a construction material that is a WTO GPA country construction
material, an FTA country construction material, a least developed country construction material, or a Caribbean
Basin country construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost
of all its components. Components of foreign origin of the same class or kind for which nonavailability
determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

Least developed country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been
substantially transformed in a least developed country into a new and different construction material distinct from
the materials from which it was transformed.

Free Trade Agreement country construction material means a construction material that

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been
substantially transformed in a FTA country into a new and different construction material distinct from the materials
from which it was transformed.

Least developed country construction material means a construction material that

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been
substantially transformed in a least developed country into a new and different construction material distinct from
the materials from which it was transformed.

United States means the 50 States, the District of Columbia, and outlying areas.

WTO GPA country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been
substantially transformed in a WTO GPA country into a new and different construction material distinct from the
materials from which it was transformed.

(b) Construction materials.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic
construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived

Section 00 72 00 Page 8
W9128A-17-R-0001

for construction material that is a COTS item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has
determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy
American restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract,
except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a
commercial item or to the construction materials or components listed by the Government as follows: None

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause
if the Government determines that--

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction
material subject to the restrictions of the Buy American statute is unreasonable when the cost of such material
exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be
impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and
reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause
shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph
(b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price
comparison table in the format in paragraph (d) of this clause.

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

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

Section 00 72 00 Page 9
W9128A-17-R-0001

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the
Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the
contract to allow use of the foreign construction material. However, when the basis for the exception is the
unreasonable price of a domestic construction material, adequate consideration is not less than the differential
established in paragraph (b)(4)(i) of this clause.

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

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

Foreign and Domestic Construction Materials Price Comparison


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

(End of clause)

52.232-18 AVAILABILITY OF FUNDS (Apr 1984)

Funds are not presently available for this contract. The Governments obligation under this contract is contingent
upon the availability of appropriated funds from which payment for contract purposes can be made. No legal
liability on the part of the Government for any payment may arise until funds are made available to the Contracting
Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by
the Contracting Officer.

(End of Clause)

52.233-3 PROTEST AFTER AWARD (AUG. 1996)

(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR
33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop
performance of the work called for by this contract. The order shall be specifically identified as a stop-work order
issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take
all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period
of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either--

(1) Cancel the stop-work order; or

Section 00 72 00 Page 10
W9128A-17-R-0001

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the
Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the
Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule
or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable
to, the performance of any part of this contract; and

(2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage;
provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and
act upon a proposal at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the
Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at
the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting
Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(e) The Government's rights to terminate this contract at any time are not affected by action taken under this clause.

(f) If, as the result of the Contractor's intentional or negligent misstatement, misrepresentation, or miscertification, a
protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2) or
33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In
addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may
collect this debt by offsetting the amount against any payment due the Contractor under any contract between the
Contractor and the Government.

(End of clause)

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least twenty (20)
percent of the total amount of work to be performed under the contract. This percentage may be reduced by a
supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the
Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause)

52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not
be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of the site
investigations by surveys.
(b) Weather conditions: Topical. Data on temperature and rainfall may be obtained from the National Weather
Service.

Section 00 72 00 Page 11
W9128A-17-R-0001

(c) Transportation facilities: The Contractor shall make its own investigation on the conditions and availability of
public and private roads as well as clearances and restrictions.

(End of clause)

52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS

Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis
under FAR 49.206-2(b). In evaluating a terminations settlement proposal using the total cost basis, the following
principles will be applied to determine allowable equipment costs:

(1) Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in
the contractor's accounting records to determine total actual equipment costs.

(2) If equipment costs have been allocated to a contract using predetermined rates, those charges will be adjusted to
actual costs.

(3) Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses.

(4) Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the
provisions of FAR 31.205-11).

(5) License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the
contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://farsite.hill.af.mil/

http://farsite.hill.af.mil/vfdfara.htm

http://www.usace.army.mil/Portals/2/docs/Contracting/UAI_Version%203__1%20NOV%202014.pdf

(End of clause)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

(a) Any data required to be submitted on a Standard or Optional Form prescribed by the Federal Acquisition
Regulation (FAR) may be submitted on a computer generated version of the form, provided there is no change to the
name, content, or sequence of the data elements on the form, and provided the form carries the Standard or Optional
Form number and edition date.

Section 00 72 00 Page 12
W9128A-17-R-0001

(b) Unless prohibited by agency regulations, any data required to be submitted on an agency unique form prescribed
by an agency supplement to the FAR may be submitted on a computer generated version of the form provided there
is no change to the name, content, or sequence of the data elements on the form and provided the form carries the
agency form number and edition date.

(c) If the Contractor submits a computer generated version of a form that is different than the required form, then
the rights and obligations of the parties will be determined based on the content of the required form.

(End of clause)

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection
201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting
officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a
copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting
officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity,
delivery, or any other term or condition of the contract.

(End of clause)

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP


2011)

(a) Definition. Covered DoD official, as used in this clause, means an individual that--

(1) Leaves or left DoD service on or after January 28, 2008; and

(2)(i) Participated personally and substantially in an acquisition as defined in 41 U.S.C. 131 with a value in excess
of $10 million, and serves or served--

(A) In an Executive Schedule position under subchapter II of chapter 53 of Title 5, United States Code;

(B) In a position in the Senior Executive Service under subchapter VIII of chapter 53 of Title 5, United States Code;
or

(C) In a general or flag officer position compensated at a rate of pay for grade O-7 or above under section 201 of
Title 37, United States Code; or

(ii) Serves or served in DoD in one of the following positions: Program manager, deputy program manager,
procuring contracting officer, administrative contracting officer, source selection authority, member of the source
selection evaluation board, or chief of a financial or technical evaluation team for a contract in an amount in excess
of $10 million.

(b) The Contractor shall not knowingly provide compensation to a covered DoD official within 2 years after the
official leaves DoD service, without first determining that the official has sought and received, or has not received
after 30 days of seeking, a written opinion from the appropriate DoD ethics counselor regarding the applicability of
post-employment restrictions to the activities that the official is expected to undertake on behalf of the Contractor.

Section 00 72 00 Page 13
W9128A-17-R-0001

(c) Failure by the Contractor to comply with paragraph (b) of this clause may subject the Contractor to rescission of
this contract, suspension, or debarment in accordance with 41 U.S.C. 2105(c).

(End of clause)

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-


RELATED FELONIES (DEC 2008)

(a) Definitions. As used in this clause

(1) Arising out of a contract with the DoD means any act in connection with

(i) Attempting to obtain;

(ii) Obtaining, or

(iii) Performing a contract or first-tier subcontract of any agency, department, or component of the Department of
Defense (DoD).

(2) Conviction of fraud or any other felony means any conviction for fraud or a felony in violation of state or
Federal criminal statutes, whether entered on a verdict or plea, including a plea of nolo contendere, for which
sentence has been imposed.

(3) Date of conviction means the date judgment was entered against the individual.

(b) Any individual who is convicted after September 29, 1988, of fraud or any other felony arising out of a contract
with the DoD is prohibited from serving--

(1) In a management or supervisory capacity on this contract;

(2) On the board of directors of the Contractor;

(3) As a consultant, agent, or representative for the Contractor; or

(4) In any other capacity with the authority to influence, advise, or control the decisions of the Contractor with
regard to this contract.

(c) Unless waived, the prohibition in paragraph (b) of this clause applies for not less than 5 years from the date of
conviction.

(d) 10 U.S.C. 2408 provides that the Contractor shall be subject to a criminal penalty of not more than $500,000 if
convicted of knowingly--

(1) Employing a person under a prohibition specified in paragraph (b) of this clause; or

(2) Allowing such a person to serve on the board of directors of the contractor or first-tier subcontractor.

(e) In addition to the criminal penalties contained in 10 U.S.C. 2408, the Government may consider other available
remedies, such as

(1) Suspension or debarment;

(2) Cancellation of the contract at no cost to the Government; or

Section 00 72 00 Page 14
W9128A-17-R-0001

(3) Termination of the contract for default.

(f) The Contractor may submit written requests for waiver of the prohibition in paragraph (b) of this clause to the
Contracting Officer. Requests shall clearly identify

(1) The person involved;

(2) The nature of the conviction and resultant sentence or punishment imposed;

(3) The reasons for the requested waiver; and

(4) An explanation of why a waiver is in the interest of national security.

(g) The Contractor agrees to include the substance of this clause, appropriately modified to reflect the identity and
relationship of the parties, in all first-tier subcontracts exceeding the simplified acquisition threshold in Part 2 of the
Federal Acquisition Regulation, except those for commercial items or components.

(h) Pursuant to 10 U.S.C. 2408(c), defense contractors and subcontractors may obtain information as to whether a
particular person has been convicted of fraud or any other felony arising out of a contract with the DoD by
contacting The Office of Justice Programs, The Denial of Federal Benefits Office, U.S. Department of Justice,
telephone 301-937-1542; www.ojp.usdoj.gov/BJA/grant/DPFC.html''.

(End of clause)

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)

(a) The Contractor shall inform its employees in writing, in the predominant native language of the workforce, of
contractor employee whistleblower rights and protections under 10 U.S.C. 2409, as described in subpart 203.9 of the
Defense Federal Acquisition Regulation Supplement.

(b) The Contractor shall include the substance of this clause, including this paragraph (b), in all subcontracts.

(End of clause)

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012)

The agency office of the Inspector General referenced in paragraphs (c) and (d) of FAR clause 52.203-13,
Contractor Code of Business Ethics and Conduct, is the DoD Office of Inspector General at the following address:

Department of Defense Office of Inspector General, Investigative Policy and Oversight, Contractor Disclosure
Program, 4800 Mark Center Drive, Suite 11H25, Alexandria, VA 22350-1500.

Toll Free Telephone: 866-429-8011.

(End of clause)

252.203-7004 DISPLAY OF HOTLINE POSTERS (OCT 2015)

(a) Definition. United States, as used in this clause, means the 50 States, the District of Columbia, and outlying
areas.

Section 00 72 00 Page 15
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(b) Display of fraud hotline poster(s). (1) The Contractor shall display prominently the DoD fraud hotline poster,
prepared by the DoD Office of the Inspector General, in common work areas within business segments performing
work in the United States under Department of Defense (DoD) contracts.

(2) If the contract is funded, in whole or in part, by Department of Homeland Security (DHS) disaster relief funds,
the DHS fraud hotline poster shall be displayed in addition to the DoD fraud hotline poster. If a display of a DHS
fraud hotline poster is required, the Contractor may obtain such poster from:

DoD Inspector General


Attn: Defense Hotline
400 Army Navy Drive
Washington DC 22202-2884

(c) Display of combating trafficking in persons and whistleblower protection hotline posters. The Contractor shall
display prominently the DoD Combating Trafficking in Persons and Whistleblower Protection hotline posters,
prepared by the DoD Office of the Inspector General, in common work areas within business segments performing
work under DoD contracts.

(d)(1) These DoD hotline posters may be obtained from: Defense Hotline, The Pentagon, Washington, DC 20301-
1900, or are also available via the internet at http://www.dodig.mil/hotline/hotline_posters.htm.

(2) If a significant portion of the employee workforce does not speak English, then the posters are to be displayed in
the foreign languages that a significant portion of the employees speak. Contact the DoD Inspector General at the
address provided in paragraph (d)(1) of this clause if there is a requirement for employees to be notified of this
clause and assistance with translation is required.

(3) Additionally, if the Contractor maintains a company Web site as a method of providing information to
employees, the Contractor shall display an electronic version of these required posters at the Web site.

(e) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (e), in all
subcontracts that exceed $5.5 million except when the subcontract is for the acquisition of a commercial item.

(End of clause)

252.204-7000 DISCLOSURE OF INFORMATION (AUG 2013)

(a) The Contractor shall not release to anyone outside the Contractor's organization any unclassified information,
regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to
this contract, unless--

(1) The Contracting Officer has given prior written approval;

(2) The information is otherwise in the public domain before the date of release; or

(3) The information results from or arises during the performance of a project that has been scoped and negotiated
by the contracting activity with the Contractor and research performer and determined in writing by the Contracting
Officer to be fundamental research in accordance with National Security Decision Directive
189, National Policy on the Transfer of Scientific, Technical and Engineering Information, in effect on the date of
contract award and the USD (AT&L) memoranda on Fundamental Research, dated May 24, 2010, and on
Contracted Fundamental Research, dated June 26, 2008, (available at DFARS PGI 204.4).

Section 00 72 00 Page 16
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(b) Requests for approval under paragraph (a)(1) shall identify the specific information to be released, the medium
to be used, and the purpose for the release. The Contractor shall submit its request to the Contracting Officer at least
10 business days before the proposed date for release.

(c) The Contractor agrees to include a similar requirement, including this paragraph (c), in each subcontract under
this contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the
Contracting Officer.

(End of clause)

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

The Contractor's procedures for protecting against unauthorized disclosure of information shall not require
Department of Defense employees or members of the Armed Forces to relinquish control of their work products,
whether classified or not, to the contractor.

(End of clause)

252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)

(a) Definitions. As used in this provision

System for Award Management (SAM) database means the primary Government repository for
contractor information required for the conduct of business with the Government.

Commercial and Government Entity (CAGE) code means

(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or
Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and
maintains in the CAGE master file. This type of code is known as an NCAGE code.

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and
Bradstreet, Inc. (D&B) to identify unique business entities.

Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B
plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-
character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to
establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts
(see FAR 32.11) for the same parent concern.

Registered in the System for Award Management (SAM) database means that

(1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4
number, and Contractor and Government Entity (CAGE) code into the SAM database; and

(2) The contractor has completed the Core Data, Assertions, Representations and Certifications, and
Points of Contact sections of the registration in the SAM database;

Section 00 72 00 Page 17
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(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer
Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to
provide consent for TIN validation to the Government as part of the SAM registration process; and

(4) The Government has marked the record Active.

(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be
registered in the SAM database prior to award, during performance, and through final payment of any contract, basic
agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation
DUNS or DUNS+4 followed by the DUNS or DUNS+4 number that identifies the offerors name and address
exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is
registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number

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

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

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer,
the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors
who are not registered should consider applying for registration immediately upon receipt of this solicitation.

Section 00 72 00 Page 18
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(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of Provision)

252.204-7005 ORAL ATTESTATION OF SECURITY RESPONSIBILITIES (NOV 2001)

(a) Contractor employees cleared for access to Top Secret (TS), Special Access Program (SAP), or Sensitive
Compartmented Information (SCI) shall attest orally that they will conform to the conditions and responsibilities
imposed by law or regulation on those granted access. Reading aloud the first paragraph of Standard Form 312,
Classified Information Nondisclosure Agreement, in the presence of a person designated by the Contractor for this
purpose, and a witness, will satisfy this requirement. Contractor employees currently cleared for access to TS, SAP,
or SCI may attest orally to their security responsibilities when being briefed into a new program or during their
annual refresher briefing. There is no requirement to retain a separate record of the oral attestation.

(b) If an employee refuses to attest orally to security responsibilities, the Contractor shall deny the employee access
to classified information and shall submit a report to the Contractor's security activity.

(End of clause)

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991)

(a) Definition.

"Cooperative agreement holder" means a State or local government; a private, nonprofit organization; a tribal
organization (as defined in section 4(c) of the Indian Self-Determination and Education Assistance Act (Pub. L. 93-
268; 25 U.S.C. 450 (c))); or an economic enterprise (as defined in section 3(e) of the Indian Financing Act of 1974
(Pub. L. 93-362; 25 U.S.C. 1452(e))) whether such economic enterprise is organized for profit or nonprofit
purposes; which has an agreement with the Defense Logistics Agency to furnish procurement technical assistance to
business entities.

(b) The Contractor shall provide cooperative agreement holders, upon their request, with a list of those appropriate
employees or offices responsible for entering into subcontracts under defense contracts. The list shall include the
business address, telephone number, and area of responsibility of each employee or office.

(c) The Contractor need not provide the listing to a particular cooperative agreement holder more frequently than
once a year.

(End of clause)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE


GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015)

(a) Unless the Government determines that there is a compelling reason to do so, the Contractor shall not enter into
any subcontract in excess of $35,000 with a firm, or a subsidiary of a firm, that is identified in the Exclusions
section of the System for Award Management System (SAM Exclusions) as being ineligible for the award of
Defense contracts or subcontracts because it is owned or controlled by the government of a country that is a state
sponsor of terrorism.

Section 00 72 00 Page 19
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(b) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before
entering into a subcontract with a party that is identified, in SAM Exclusions, as being ineligible for the award of
Defense contracts or subcontracts because it is owned or controlled by the government of a country that is a state
sponsor of terrorism. The notice must include the name of the proposed subcontractor and the compelling reason(s)
for doing business with the subcontractor notwithstanding its inclusion in SAM Exclusions.

(End of clause)

252.215-7000 PRICING ADJUSTMENTS (DEC 2012)

The term "pricing adjustment," as used in paragraph (a) of the clauses entitled "Price Reduction for Defective
Certified Cost or Pricing Data - Modifications," "Subcontractor Certified Cost or Pricing Data," and "Subcontractor
Certified Cost or Pricing Data - Modifications," means the aggregate increases and/or decreases in cost plus
applicable profits.

(End of clause)

252.223-7001 HAZARD WARNING LABELS (DEC 1991)

(a) "Hazardous material," as used in this clause, is defined in the Hazardous Material Identification and Material
Safety Data clause of this contract.

(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this
contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires
that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to
the labeling requirements of one of the following statutes:

(1) Federal Insecticide, Fungicide and Rodenticide Act;

(2) Federal Food, Drug and Cosmetics Act;

(3) Consumer Product Safety Act;

(4) Federal Hazardous Substances Act; or

(5) Federal Alcohol Administration Act.

(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material
Safety Data clause of this contract will be labeled in accordance with one of the Acts in paragraphs (b)(1) through
(5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be
interpreted to mean that a label is required in accordance with the Hazard Communication Standard.

MATERIAL (If None, Insert "None.") ACT


__________________________________ _____________________________
__________________________________ _____________________________

(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all
hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material
Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of
this contract.

Section 00 72 00 Page 20
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(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions
adopted during the term of this contract).

(End of clause)

252.223-7004 DRUG-FREE WORK FORCE (SEP 1988)

(a) Definitions.

(1) "Employee in a sensitive position," as used in this clause, means an employee who has been granted access to
classified information; or employees in other positions that the Contractor determines involve national security;
health or safety, or functions other than the foregoing requiring a high degree of trust and confidence.

(2) "Illegal drugs," as used in this clause, means controlled substances included in Schedules I and II, as defined by
section 802(6) of title 21 of the United States Code, the possession of which is unlawful under chapter 13 of that
Title. The term "illegal drugs" does not mean the use of a controlled substance pursuant to a valid prescription or
other uses authorized by law.

(b) The Contractor agrees to institute and maintain a program for achieving the objective of a drug-free work force.
While this clause defines criteria for such a program, contractors are encouraged to implement alternative
approaches comparable to the criteria in paragraph (c) that are designed to achieve the objectives of this clause.

(c) Contractor programs shall include the following, or appropriate alternatives:

(1) Employee assistance programs emphasizing high level direction, education, counseling, rehabilitation, and
coordination with available community resources;

(2) Supervisory training to assist in identifying and addressing illegal drug use by Contractor employees;

(3) Provision for self-referrals as well as supervisory referrals to treatment with maximum respect for individual
confidentiality consistent with safety and security issues;

(4) Provision for identifying illegal drug users, including testing on a controlled and carefully monitored basis.
Employee drug testing programs shall be established taking account of the following:

(i) The Contractor shall establish a program that provides for testing for the use of illegal drugs by employees in
sensitive positions. The extent of and criteria for such testing shall be determined by the Contractor based on
considerations that include the nature of the work being performed under the contract, the employee's duties, and
efficient use of Contractor resources, and the risks to health, safety, or national security that could result from the
failure of an employee adequately to discharge his or her position.

(ii) In addition, the Contractor may establish a program for employee drug testing--

(A) When there is a reasonable suspicion that an employee uses illegal drugs; or

(B) When an employees has been involved in an accident or unsafe practice;

(C) As part of or as a follow-up to counseling or rehabilitation for illegal drug use;

(D) As part of a voluntary employee drug testing program.

(iii) The Contractor may establish a program to test applicants for employment for illegal drug use.

Section 00 72 00 Page 21
W9128A-17-R-0001

(iv) For the purpose of administering this clause, testing for illegal drugs may be limited to those substances for
which testing is prescribed by section 2..1 of subpart B of the "Mandatory Guidelines for Federal Workplace Drug
Testing Programs" (53 FR 11980 (April 11, 1988), issued by the Department of Health and Human Services.

(d) Contractors shall adopt appropriate personnel procedures to deal with employees who are found to be using
drugs illegally. Contractors shall not allow any employee to remain on duty or perform in a sensitive position who
is found to use illegal drugs until such times as the Contractor, in accordance with procedures established by the
Contractor, determines that the employee may perform in such a position.

(e) The provisions of this clause pertaining to drug testing program shall not apply to the extent that are inconsistent
with state or local law, or with an existing collective bargaining agreement; provided that with respect to the latter,
the Contractor agrees those issues that are in conflict will be a subject of negotiation at the next collective bargaining
session.

(End of clause)

252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR HAZARDOUS


MATERIALS--BASIC (SEP 2014)

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

Storage means a non-transitory, semi-permanent or permanent holding, placement, or leaving of material. It does not
include a temporary accumulation of a limited quantity of a material used in or a waste generated or resulting from
authorized activities, such as servicing, maintenance, or repair of Department of Defense (DoD) items, equipment,
or facilities.

Toxic or hazardous materials means--

(i) Materials referred to in section 101(14) of the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) of 1980 (42 U.S.C. 9601(14)) and materials designated under section 102 of CERCLA (42
U.S.C. 9602) (40 CFR Part 302);

(ii) Materials that are of an explosive, flammable, or pyrotechnic nature; or

(iii) Materials otherwise identified by the Secretary of Defense as specified in DoD regulations.

(b) In accordance with 10 U.S.C. 2692, the Contractor is prohibited from storing, treating, or disposing of toxic or
hazardous materials not owned by DoD on a DoD installation, except to the extent authorized by a statutory
exception to 10 U.S.C. 2692 or as authorized by the Secretary of Defense. A charge may be assessed for any storage
or disposal authorized under any of the exceptions to 10 U.S.C. 2692. If a charge is to be assessed, then such
assessment shall be identified elsewhere in the contract with payment to the Government on a reimbursable cost
basis.

(c) The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts that
require, may require, or permit a subcontractor access to a DoD installation, at any subcontract tier.

(End of clause)

252.227-7022 GOVERNMENT RIGHTS (UNLIMITED) (MAR 1979)

The Government shall have unlimited rights, in all drawings, designs, specifications, notes and other works
developed in the performance of this contract, including the right to use same on any other Government design or

Section 00 72 00 Page 22
W9128A-17-R-0001

construction without additional compensation to the Contractor. The Contractor hereby grants to the Government a
paid-up license throughout the world to all such works to which he may assert or establish any claim under design
patent or copyright laws. The Contractor for a period of three (3) years after completion of the project agrees to
furnish the original or copies of all such works on the request of the Contracting Officer.

(End of clause)

252.227-7023 DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF GOVERNMENT. (MAR


1979)

All designs, drawings, specifications, notes and other works developed in the performance of this contract shall
become the sole property of the Government and may be used on any other design or construction without additional
compensation to the Contractor. The Government shall be considered the "person for whom the work was
prepared" for the purpose of authorship in any copyrightable work under 17 U.S.C. 201(b). With respect thereto, the
Contractor agrees not to assert or authorize others to assert any rights nor establish any claim under the design patent
or copyright laws. The Contractor for a period of three (3) years after completion of the project agrees to furnish all
retained works on the request of the Contracting Officer. Unless otherwise provided in this contract, the Contractor
shall have the right to retain copies of all works beyond such period.

(End of clause)

252.227-7033 RIGHTS IN SHOP DRAWINGS (APR 1966)

(a) Shop drawings for construction means drawings, submitted to the Government by the Construction Contractor,
subcontractor or any lower-tier subcontractor pursuant to a construction contract, showing in detail (i) the proposed
fabrication and assembly of structural elements and (ii) the installation (i.e., form, fit, and attachment details) of
materials or equipment. The Government may duplicate, use, and disclose in any manner and for any purpose shop
drawings delivered under this contract.

(b) This clause, including this paragraph (b), shall be included in all subcontracts hereunder at any tier.

252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)

When the allowability of costs under this contract is determined in accordance with part 31 of the Federal
Acquisition Regulation (FAR), allowability shall also be determined in accordance with part 231 of the Defense
FAR Supplement, in effect on the date of this contract.

(End of clause)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS


(JUNE 2012)

(a) Definitions. As used in this clause

(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal
Acquisition Regulation.

Section 00 72 00 Page 23
W9128A-17-R-0001

(2) Electronic form means any automated system that transmits information electronically from the initiating system
to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission
of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment
request made using Wide Area Work Flow (WAWF) or another electronic form authorized by the Contracting
Officer.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the
Contractor under this contract.

(4) Receiving report means the data required by the clause at 252.246-7000, Material Inspection and Receiving
Report.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving
reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange,
Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet
at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic
submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the
Contracting Officer's determination with each request for payment;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a
contract for transportation services using a DoD-approved electronic third party payment system or other exempted
vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and
Billing System);

(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as
the electronic format; or

(4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the
receiving report in electronic form is required.

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in
Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate
payment clauses in this contract when submitting payments requests.

(End of clause)

252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)

(a) Contract line item(s) 0001 [Contracting Officer insert after negotiations] is incrementally funded. For this item,
the sum of $ [Contracting Officer insert after negotiation] is/of the total price is presently available for payment and
allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.

(b) For items(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which
the total amount payable by the Government, including reimbursement in the event of termination of those item(s)
for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor
is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any
event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of
anything to the contrary in the clause entitled "TERMINATION FOR THE CONVENIENCE OF THE

Section 00 72 00 Page 24
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GOVERNMENT." As used in this clause, the total amount payable by the Government in the event of termination
of applicable contract line item(s) for convenience includes costs, profit and estimated termination settlement costs
for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will
notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best
judgment, the work will reach the point at which the total amount payable by the Government, including any cost for
termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for
performance of the applicable item(s). The notification will state (1) the estimated date when that point will be
reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up
to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed
upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional
funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for subsequent
period as may be specified in the allotment schedule in paragraph (j) of this clause, or otherwise agreed to by the
parties. If after such notification additional funds are not allotted by the date identified in the Contractor's
notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional
funds have not been allotted, pursuant to the clause of this contract entitled "TERMINATION FOR THE
CONVENIENCE OF THE GOVERNMENT".

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph
(a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds.
The provisions of paragraph (b) through (d) of this clause will apply in like manner to the additional allotted funds
and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in
amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the
Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional
funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing,
and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such
equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause
entitled "disputes."

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract
line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled
"DEFAULT." The provisions of this clause are limited to work and allotment of funds for the contract line item(s)
set forth in paragraph (a) of this clause. This clause no longer applies once the contract if fully funded except with
regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) or
(e) of this clause.

(h) Nothing in this clause affects the right of the Government to this contract pursuant to the clause of this contract
entitled "TERMINATION FOR CONVENIENCE OF THE GOVERNMENT."

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise
prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following
schedule:

On execution of contract: FY15: $69M and FY17: $25M

FY18, FY19 and FY20: Subject to Availability of Funds, See Section 00 72 00, Clause 52.232-18 Availability of

(End of clause)

Section 00 72 00 Page 25
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252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

(a) 26 U.S.C. 6331(h) authorizes the Internal Revenue Service (IRS) to continuously levy up to 100 percent of
contract payments, up to the amount of tax debt.

(b) When a levy is imposed on a payment under this contract and the Contractor believes that the levy may result in
an inability to perform the contract, the Contractor shall promptly notify the Procuring Contracting Officer in
writing, with a copy to the Administrative Contracting Officer, and shall provide--

(1) The total dollar amount of the levy;

(2) A statement that the Contractor believes that the levy may result in an inability to perform the contract, including
rationale and adequate supporting documentation; and

(3) Advice as to whether the inability to perform may adversely affect national security, including rationale and
adequate supporting documentation.

(c) DoD shall promptly review the Contractor's assessment, and the Procuring Contracting Officer shall provide a
written notification to the Contractor including--

(1) A statement as to whether DoD agrees that the levy may result in an inability to perform the contract; and

(2)(i) If the levy may result in an inability to perform the contract and the lack of performance will adversely affect
national security, the total amount of the monies collected that should be returned to the Contractor; or

(ii) If the levy may result in an inability to perform the contract but will not impact national security, a
recommendation that the Contractor promptly notify the IRS to attempt to resolve the tax situation.

(d) Any DoD determination under this clause is not subject to appeal under the Contract Disputes Act.

(End of clause)

252.236-7000 MODIFICATION PROPOSALS - PRICE BREAKDOWN. (DEC 1991)

(a) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the
Contracting Officer, with any proposal for a contract modification.

(b) The price breakdown --

(1) Must include sufficient detail to permit an analysis of profit, and of all costs for --

(i) Material;

(ii) Labor;

(iii) Equipment;

(iv) Subcontracts; and

(v) Overhead; and

(2) Must cover all work involved in the modification, whether the work was deleted, added, or changed.

Section 00 72 00 Page 26
W9128A-17-R-0001

(c) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts.

(d) The Contractor's proposal shall include a justification for any time extension proposed.

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications,
except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen
by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly
necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not
relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall
perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of
drawings: See Plans and Specifications

(End of clause)

252.236-7013 REQUIREMENT FOR COMPETITION OPPORTUNITY FOR AMERICAN STEEL


PRODUCERS, FABRICATORS, AND MANUFACTURERS (JUN 2013)

(a) Definition. Construction material, as used in this clause, means an article, material, or supply brought to the
construction site by the Contractor or a subcontractor for incorporation into the building or work.

(b) The Contractor shall provide American steel producers, fabricators, and manufacturers the opportunity to
compete when acquiring steel as a construction material (e.g., steel beams, rods, cables, plates).

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in any subcontract that
involves the acquisition of steel as a construction material, including subcontracts for the acquisition of commercial
items.

Section 00 72 00 Page 27
W9128A-17-R-0001

(End of clause)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

When costs are a factor in any price adjustment under this contract, the contract cost principles and procedures in
FAR part 31 and DFARS part 231, in effect on the date of this contract, apply.

(End of clause)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract
adjustment for which the Contractor believes the Government is liable. The request shall include only costs for
performing the change, and shall not include any costs that already have been reimbursed or that have been
separately claimed. All indirect costs included in the request shall be properly allocable to the change in accordance
with applicable acquisition regulations.

(b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the
simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an
individual authorized to certify the request on behalf of the Contractor:

I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of
my knowledge and belief.

----------------------------------------------------------------------
(Official's Name)
----------------------------------------------------------------------
(Title)

(c) The certification in paragraph (b) of this clause requires full disclosure of all relevant facts, including--

(1) Certified cost or pricing data if required in accordance with subsection 15.403-4 of the Federal Acquisition
Regulation (FAR); and

(2) Data other than certified cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including
actual cost data and data to support any estimated costs, even if certified cost or pricing data are not required.

(d) The certification requirement in paragraph (b) of this clause does not apply to----

(1) Requests for routine contract payments; for example, requests for payment for accepted supplies and services,
routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or

(2) Final adjustment under an incentive provision of the contract.

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (APR 2014)

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

Section 00 72 00 Page 28
W9128A-17-R-0001

"Components" means articles, materials, and supplies incorporated directly into end products at any level of
manufacture, fabrication, or assembly by the Contractor or any subcontractor.

"Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

"Foreign-flag vessel" means any vessel that is not a U.S.-flag vessel.

"Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international
waters.

"Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor
whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is
performing any part of the work or other requirement of the prime contract.

"Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or
owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a
reference to a DoD contract number or a military destination.

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and
vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine
tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

"U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel
registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if--

(i) This contract is a construction contract; or

(ii) The supplies being transported are--

(A) Noncommercial items; or

(B) Commercial items that--

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor
does not add value to items that it contracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in
humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance
with 10 U.S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag
vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that --

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

Section 00 72 00 Page 29
W9128A-17-R-0001

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at
least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process
requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant
approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other
clause of this contract. Requests shall contain at a minimum --

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names
and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and
facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer
and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh
Street SW., Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading,
which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of the steamship company.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice
under this contract a representation that to the best of its knowledge and belief--

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all

Section 00 72 00 Page 30
W9128A-17-R-0001

foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the
written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

ITEM CONTRACT QUANTITY


DESCRIPTION LINE ITEMS
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
TOTAL_______________________________________________________________

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required
representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of
the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in
the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the
unauthorized use.

(h) In the award of subcontracts for the types of supplies described in paragraph (b)(2) of this clause, including
subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (h), in subcontracts that exceed
the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (h), in
subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(End of clause)

252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000)

(a) The Contractor has indicated by the response to the solicitation provision, Representation of Extent of
Transportation by Sea, that it did not anticipate transporting by sea any supplies. If, however, after the award of this
contract, the Contractor learns that supplies, as defined in the Transportation of Supplies by Sea clause of this
contract, will be transported by sea, the Contractor --

(1) Shall notify the Contracting Officer of that fact; and

(2) Hereby agrees to comply with all the terms and conditions of the Transportation of Supplies by Sea clause of this
contract.

(b) The Contractor shall include this clause; including this paragraph (b), revised as necessary to reflect the
relationship of the contracting parties--

(1) In all subcontracts under this contract, if this contract is a construction contract; or

(2) If this contract is not a construction contract, in all subcontracts under this contract that are for--

(i) Noncommercial items; or

(ii) Commercial items that--

Section 00 72 00 Page 31
W9128A-17-R-0001

(A) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor
does not add value to items that it subcontracts for f.o.b. destination shipment);

(B) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in
humanitarian or peacekeeping operations; or

(C) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance
with 10 U.S.C. 2643.

(End of clause)

Section 00 72 00 Page 32
W9128A-17-R-0001

General Decision Number: HI160001 12/23/2016 HI1

Superseded General Decision Number: HI20150001

State: Hawaii

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


Highway and Residential

Counties: Hawaii Statewide.

BUILDING CONSTRUCTION PROJECTS; RESIDENTIAL CONSTRUCTION


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

Note: Under Executive Order (EO) 13658, an hourly minimum wage


of $10.15 for calendar year 2016 applies to all contracts
subject to the Davis-Bacon Act for which the solicitation was
issued on or after January 1, 2015. If this contract is covered
by the EO, the contractor must pay all workers in any
classification listed on this wage determination at least
$10.15 (or the applicable wage rate listed on this wage
determination, if it is higher) for all hours spent performing
on the contract in calendar year 2016. The EO minimum wage rate
will be adjusted annually. Additional information on contractor
requirements and worker protections under the EO is available
at www.dol.gov/whd/govcontracts.

Modification Number Publication Date


0 01/08/2016
1 01/15/2016
2 01/22/2016
3 02/05/2016
4 02/26/2016
5 03/18/2016
6 07/29/2016
7 08/19/2016
8 09/16/2016
9 09/23/2016
10 10/07/2016
11 10/14/2016
12 11/18/2016
13 12/23/2016

ASBE0132-001 08/29/2010

Rates Fringes

Asbestos Workers/Insulator
Includes application of
all insulating materials,
protective coverings,
coatings and finishes to
all types of mechanical

Section 00 72 00, Appendix A - 1


W9128A-17-R-0001

systems. Also the


application of
firestopping material for
wall openings and
penetrations in walls,
floors, ceilings and
curtain walls...............$ 36.65 22.24
----------------------------------------------------------------
BOIL0627-005 01/01/2013

Rates Fringes

BOILERMAKER......................$ 35.20 27.35


----------------------------------------------------------------
BRHI0001-001 08/29/2016

Rates Fringes

BRICKLAYER
Bricklayers and Stonemasons.$ 46.62 19.60
Pointers, Caulkers and
Weatherproofers.............$ 46.62 19.60
----------------------------------------------------------------
BRHI0001-002 08/29/2016

Rates Fringes

Tile, Marble & Terrazzo Worker


Terrazzo Base Grinders......$ 43.54 21.92
Terrazzo Floor Grinders
and Tenders.................$ 41.99 21.92
Tile, Marble and Terrazzo
Workers.....................$ 45.35 21.92
----------------------------------------------------------------
CARP0745-001 08/29/2016

Rates Fringes

Carpenters:
Carpenters; Hardwood Floor
Layers; Patent Scaffold
Erectors (14 ft. and
over); Piledrivers;
Pneumatic Nailers; Wood
Shinglers and Transit
and/or Layout Man...........$ 45.65 21.21
Millwrights and Machine
Erectors....................$ 45.90 21.21
Power Saw Operators (2
h.p. and over)..............$ 45.80 21.21
----------------------------------------------------------------
CARP0745-002 08/29/2016

Rates Fringes

Drywall and Acoustical


Workers and Lathers..............$ 45.90 21.21

Section 00 72 00, Appendix A - 2


W9128A-17-R-0001

----------------------------------------------------------------
ELEC1186-001 08/21/2016

Rates Fringes

Electricians:
Cable Splicers..............$ 50.49 27.78
Electricians................$ 45.90 26.55
Telecommunication worker....$ 26.30 11.58
----------------------------------------------------------------
ELEC1186-002 08/21/2016

Rates Fringes

Line Construction:
Cable Splicers..............$ 50.49 27.78
Groundmen/Truck Drivers.....$ 34.43 23.43
Heavy Equipment Operators...$ 41.31 25.30
Linemen.....................$ 45.90 26.55
Telecommunication worker....$ 26.30 11.58
----------------------------------------------------------------
ELEV0126-001 01/01/2015

Rates Fringes

ELEVATOR MECHANIC................$ 53.07 28.38

a. VACATION: Employer contributes 8% of basic hourly rate for


5 years service and 6% of basic hourly rate for 6 months to
5 years service as vacation pay credit.

b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence


Day, Labor Day, Veterans' Day, Thanksgiving Day, the Friday
after Thanksgiving Day and Christmas Day.

----------------------------------------------------------------
ENGI0003-002 08/29/2016

Rates Fringes

Diver (Aqua Lung) (Scuba))


Diver (Aqua Lung) (Scuba)
(over a depth of 30 feet)...$ 63.75 28.56
Diver (Aqua Lung) (Scuba)
(up to a depth of 30 feet)..$ 54.38 28.56
Stand-by Diver (Aqua Lung)
(Scuba)....................$ 45.00 28.56
Diver (Other than Aqua Lung)
Diver (Other than Aqua
Lung).......................$ 63.75 28.56
Diver Tender (Other than
Aqua Lung)..................$ 41.97 28.56
Stand-by Diver (Other than
Aqua Lung)..................$ 45.00 28.56
Helicopter Work
Airborne Hoist Operator
for Helicopter..............$ 43.55 28.56

Section 00 72 00, Appendix A - 3


W9128A-17-R-0001

Co-Pilot of Helicopter......$ 43.69 28.56


Pilot of Helicopter.........$ 43.86 28.56
Power equipment operator -
tunnel work
GROUP 1....................$ 39.99 28.56
GROUP 2....................$ 40.10 28.56
GROUP 3....................$ 40.27 28.56
GROUP 4....................$ 40.54 28.56
GROUP 5....................$ 40.85 28.56
GROUP 6....................$ 41.50 28.56
GROUP 7....................$ 41.82 28.56
GROUP 8....................$ 41.93 28.56
GROUP 9....................$ 42.04 28.56
GROUP 9A...................$ 42.27 28.56
GROUP 10....................$ 42.33 28.56
GROUP 10A...................$ 42.48 28.56
GROUP 11....................$ 42.63 28.56
GROUP 12....................$ 42.99 28.56
GROUP 12A...................$ 43.35 28.56
Power equipment operators:
GROUP 1....................$ 39.69 28.56
GROUP 2....................$ 39.80 28.56
GROUP 3....................$ 39.97 28.56
GROUP 4....................$ 40.24 28.56
GROUP 5....................$ 40.55 28.56
GROUP 6....................$ 41.20 28.56
GROUP 7....................$ 41.52 28.56
GROUP 8....................$ 41.63 28.56
GROUP 9....................$ 41.74 28.56
GROUP 9A...................$ 41.97 28.56
GROUP 10....................$ 42.03 28.56
GROUP 10A...................$ 42.18 28.56
GROUP 11....................$ 42.33 28.56
GROUP 12....................$ 42.69 28.56
GROUP 12A...................$ 43.05 28.56
GROUP 13....................$ 39.97 28.56
GROUP 13A...................$ 40.24 28.56
GROUP 13B...................$ 40.55 28.56
GROUP 13C...................$ 41.20 28.56
GROUP 13D...................$ 41.52 28.56
GROUP 13E...................$ 41.63 28.56

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

GROUP 1: Fork Lift (up to and including 10 tons); Partsman


(heavy duty repair shop parts room when needed).

GROUP 2: Conveyor Operator (Handling building material);


Hydraulic Monitor; Mixer Box Operator (Concrete Plant).

GROUP 3: Brakeman; Deckhand; Fireman; Oiler;


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

Section 00 72 00, Appendix A - 4


W9128A-17-R-0001

GROUP 4: Boom Truck or dual purpose "A" Frame Truck (5 tons


or less); Concrete Placing Boom (Building Construction);
Dinky Operator; Elevator Operator; Hoist and/or Winch (one
drum); Straddle Truck (Ross Carrier, Hyster and similar).

GROUP 5: Asphalt Plant Fireman; Compressors, Pumps,


Generators and Welding Machines ("Bank" of 9 or more,
individually or collectively); Concrete Pumps or Pumpcrete
Guns; Lubrication and Service Engineer (Grease Rack);
Screedman.

GROUP 6: Boom Truck or Dual Purpose "A"Frame Truck (over 5


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

GROUP 7: Crusher Plant Engineer, Dozer (D-4, Case 450, John


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

GROUP 8: Asphalt Plant Operator; Barge Mate (Seagoing);


Cast-in-Place Pipe Laying Machine; Concrete Batch Plant
(multiple units); Conveyor Operator (tunnel); Deckmate;
Dozer (D-6 and similar); Finishing Machine Operator
(airports and highways); Gradesetter; Kolman Loader (and
similar); Mucking Machine (Crawler-type); Mucking Machine

Section 00 72 00, Appendix A - 5


W9128A-17-R-0001

(Conveyor-type); No-Joint Pipe Laying Machine; Portable


Crushing and Screening Plant; Power Blade Operator (under
12); Saurman Type Dragline (up to and including 5 yds.);
Stationary Pipe Wrapping, Cleaning and Bending Machine;
Surface Heater and Planer Operator, Tractor (D-6 and
similar); Tri-Batch Paver; Tunnel Badger; Tunnel Mole
and/or Boring Machine Operator Underbridge Personnel Aerial
Platform (over 50 feet of platform).

GROUP 9: Combination Mixer and Compressor (gunite); Do-Mor


Loader and Adams Elegrader; Dozer (D-7 or equal); Wheel
and/or Ladder Trencher (over 6 feet and 200 to 749 h.p.).

GROUP 9A: Dozer (D-8 and similar); Gradesetter (when required


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

GROUP 10: Chicago Boom; Cold Planers; Heavy Duty Repairman or


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

GROUP 10A: Boat Operator; Cable-operated Crawler Crane (up to


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

GROUP 11: Automatic Slip Form Paver (concrete or asphalt);


Band Wagon (in conjunction with Wheel Excavator);
Cable-operated Crawler Cranes (over 25 tons but less than
50 tons); Cable-operated Power Shovel, Clamshell, Dragline
and Backhoe (over 1 cu. yd. up to 7 cu. yds.); Gradall
(over 1 cu. yds. up to 7 cu. yds.); DW-10, 20, etc.
(Tandem); Earthmoving Machines (multiple propulsion power
units and 2 or more Scrapers) (up to and including 35 cu.
yds.," struck" m.r.c.); Highline Cableway; Hydraulic
Backhoe (over 2 cu. yds. up to and including 4 cu. yds.);

Section 00 72 00, Appendix A - 6


W9128A-17-R-0001

Leverman; Lift Slab Machine; Loader (over 12 cu. yds);


Master Boat Operator; Mobile Truck Crane Operator (over 25
tons but less than 50 tons); (Mobile Truck Crane Driver
required); Pre-stress Wire Wrapping Machine; Self-propelled
Boom-type Lifting Device (Center Mount) (over 25 tons
m.r.c); Self-propelled Compactor (with multiple-propulsion
power units); Single Engine Rubber Tired Earthmoving
Machine (with Tandem Scraper); Tandem Cats; Trencher
(pulling attached shield).

GROUP 12: Clamshell or Dipper Operator; Derricks; Drill Rigs;


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

GROUP 12A: Dozer (D-11 or similar or larger); Hydraulic


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

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

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

GROUP 13B: Water Truck (over 2,000 gallons); Tandem Dump


Truck, over 8 cu. yds. (water level).

GROUP 13C: Truck Driver (Semi-trailer. Rock Cans, Semi-Dump


or Roll-Offs).

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

GROUP 13E: End Dumps, Unlicensed (Euclid, Mack, Caterpillar


or similar); Tractor Trailer (Hauling Equipment); Tandem
Trucks hooked up to Trailer (Hauling Equipment)

BOOMS AND/OR LEADS (HOURLY PREMIUMS):

The Operator of a crane (under 50 tons) with a boom of 80


feet or more (including jib), or of a crane (under 50 tons)

Section 00 72 00, Appendix A - 7


W9128A-17-R-0001

with leads of 100 feet or more, shall receive a per hour


premium for each hour worked on said crane (under 50 tons)
in accordance with the following schedule:

Booms of 80 feet up to but


not including 130 feet or
Leads of 100 feet up to but
not including 130 feet 0.50
Booms and/or Leads of 130 feet
up to but not including 180 feet 0.75
Booms and/or Leads of 180 feet up
to and including 250 feet 1.15
Booms and/or Leads over 250 feet 1.50

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

Booms of 180 feet up to


and including 250 feet 1.25
Booms over 250 feet 1.75

----------------------------------------------------------------
ENGI0003-004 08/29/2016

Rates Fringes

Dredging: (Boat Operators)


Boat Deckhand...............$ 39.97 28.56
Boat Operator...............$ 42.18 28.56
Master Boat Operator........$ 42.33 28.56
Dredging: (Clamshell or
Dipper Dredging)
GROUP 1.....................$ 42.69 28.56
GROUP 2.....................$ 42.03 28.56
GROUP 3.....................$ 41.63 28.56
GROUP 4.....................$ 39.97 28.56
Dredging: (Derricks)
GROUP 1.....................$ 42.69 28.56
GROUP 2.....................$ 42.03 28.56
GROUP 3.....................$ 41.63 28.56
GROUP 4.....................$ 39.97 28.56
Dredging: (Hydraulic Suction
Dredges)
GROUP 1.....................$ 42.33 28.56
GROUP 2.....................$ 42.18 28.56
GROUP 3.....................$ 42.03 28.56
GROUP 4.....................$ 41.97 28.56
GROUP 5.....................$ 37.88 26.76
Group 5.....................$ 41.63 28.56
GROUP 6.....................$ 37.77 26.76
Group 6.....................$ 41.52 28.56
GROUP 7.....................$ 36.22 26.76
Group 7.....................$ 39.97 28.56

CLAMSHELL OR DIPPER DREDGING CLASSIFICATIONS

Section 00 72 00, Appendix A - 8


W9128A-17-R-0001

GROUP 1: Clamshell or Dipper Operator.


GROUP 2: Mechanic or Welder; Watch Engineer.
GROUP 3: Barge Mate; Deckmate.
GROUP 4: Bargeman; Deckhand; Fireman; Oiler.

HYDRAULIC SUCTION DREDGING CLASSIFICATIONS

GROUP 1: Leverman.
GROUP 2: Watch Engineer (steam or electric).
GROUP 3: Mechanic or Welder.
GROUP 4: Dozer Operator.
GROUP 5: Deckmate.
GROUP 6: Winchman (Stern Winch on Dredge)
GROUP 7: Deckhand (can operate anchor scow under direction of
Deckmate); Fireman; Leveeman; Oiler.

DERRICK CLASSIFICATIONS

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


GROUP 2: Saurman Type Dragline (over 5 cubic yards).
GROUP 3: Deckmate; Saurman Type Dragline (up to and
including 5 yards).
GROUP 4: Deckhand, Fireman, Oiler.

----------------------------------------------------------------
ENGI0003-044 08/29/2016

Rates Fringes

Power Equipment Operators


(PAVING)
(10) Cold Planer............$ 42.03 28.56
(10)Loader (2 1/2 cu. yds.
and under)..................$ 42.03 28.56
(10)Soil Stabilizer.........$ 42.03 28.56
(11)Loader (over 2 1/2 cu.
yds. to and including 5
cu. yds.)...................$ 42.33 28.56
(3)Roller Operator (five
tons and under).............$ 39.97 28.56
(5)Screed Person............$ 40.55 28.56
(6)Combination
Loader/Backhoe (up to 3/4
cu.yd.).....................$ 41.20 28.56
(6)Concrete Saws and/or
Grinder (self-propelled
unit on streets, highways,
airports and canals)........$ 41.20 28.56
(6)Roller Operator (over
five tons)..................$ 41.20 28.56
(7)Combination
Loader/Backhoe (over 3/4
cu.yd.).....................$ 41.52 28.56
(8) Asphalt Plant Operator..$ 41.63 28.56
Asphalt Concrete Material
Transfer....................$ 39.97 28.56

Section 00 72 00, Appendix A - 9


W9128A-17-R-0001

Asphalt Raker...............$ 39.69 28.56


Asphalt Spreader Operator...$ 40.24 28.56
Grader......................$ 40.55 28.56
Laborer, Hand Roller........$ 39.69 28.56
----------------------------------------------------------------
IRON0625-001 09/01/2014

Rates Fringes

Ironworkers:.....................$ 35.75 29.01


a. Employees will be paid $.50 per hour more while working in
tunnels and coffer dams; $1.00 per hour more when required to
work under or are covered with water (submerged) and when they
are required to work on the summit of Mauna Kea, Mauna Loa or
Haleakala.
----------------------------------------------------------------
LABO0368-001 08/29/2016

Rates Fringes

Laborers:
Driller.....................$ 36.35 18.41
Final Clean Up..............$ 26.75 14.29
Gunite/Shotcrete Operator
and High Scaler.............$ 35.85 18.41
Laborer I...................$ 35.35 18.41
Laborer II..................$ 32.75 18.41
Mason Tender/Hod Carrier....$ 35.85 18.41
Powderman...................$ 36.35 18.41
Window Washer (bosun chair).$ 34.85 18.41

LABORERS CLASSIFICATIONS

Laborer I: Air Blasting run by electric or pneumatic


compressor; Asphalt Laborer, Ironer, Raker, Luteman, and
Handroller, and all types of Asphalt Spreader Boxes;
Asphalt Shoveler; Assembly and Installation of Multiplates,
Liner Plates, Rings, Mesh, Mats; Batching Plant (portable
and temporary); Boring Machine Operator (under streets and
sidewalks); Buggymobile; Burning and Welding; Chainsaw,
Faller, Logloader, and Bucker; Compactors (Jackson Jumping
Jack and similar); Concrete Bucket Dumpman; Concrete
Chipping; Concrete Chuteman/Hoseman (pouring concrete) (the
handling of the chute from ready-mix trucks for such jobs
as walls, slabs, decks, floors, foundations, footings,
curbs, gutters, and sidewalks); Concrete Core Cutter
(Walls, Floors, and Ceiling); Concrete Grinding or Sanding;
Concrete: Hooking on, signaling, dumping of concrete for
extreme work over water on caissons, pilings, abutments,
etc.; Concrete: Mixing, handling, conveying, pouring,
vibrating, otherwise placing of concrete or aggregates or
by any other process; Concrete: Operation of motorized
wheelbarrows or buggies or machines of similar character,
whether run by gas, diesel, or electric power; Concrete
Placement Machine Operator: operation of Somero Hammerhead,
Copperheads, or similar machines; Concrete Pump Machine
(laying, coupling, uncoupling of all connections and

Section 00 72 00, Appendix A - 10


W9128A-17-R-0001

cleaning of equipment); Concrete and/or Asphalt Saw


(Walking or Handtype) (cutting walls or flatwork) (scoring
old or new concrete and/or asphalt) (cutting for expansion
joints) (streets and ways for laying of pipe, cable or
conduit for all purposes); Concrete Shovelers/Laborers (Wet
or Dry); Concrete Screeding for Rough Strike-Off: Rodding
or striking-off, by hand or mechanical means prior to
finishing; Concrete Vibrator Operator; Coring Holes: Walls,
footings, piers or other obstructions for passage of pipes
or conduits for any purpose and the pouring of concrete to
secure the hole; Cribbers, Shorer, Lagging, Sheeting, and
Trench Jacking and Bracing, Hand-Guided Lagging Hammer
Whaling Bracing; Curbing (Concrete and Asphalt); Curing of
Concrete (impervious membrane and form oiler) mortar and
other materials by any mode or method; Cut Granite Curb
Setter (setting, leveling and grouting of all precast
concrete or stone curbs); Cutting and Burning Torch
(demolition); Dri Pak-It Machine; Environmental Abatement:
removal of asbestos, lead, and bio hazardous materials (EPA
and/or OSHA certified); Falling, bucking, yarding, loading
or burning of all trees or timber on construction site;
Forklift (9 ft. and under); Gas, Pneumatic, and Electric
tools; Grating and Grill work for drains or other purposes;
Green Cutter of concrete or aggregate in any form, by hand,
mechanical means, grindstone or air and/or water; Grout:
Spreading for any purpose; Guinea Chaser (Grade Checker)
for general utility trenches, sitework, and excavation;
Headerboard Man (Asphalt or Concrete); Heat Welder of
Plastic (Laborers' AGC certified workers) (when work
involves waterproofing for waterponds, artificial lakes and
reservoir) heat welding for sewer pipes and fusion of HDPE
pipes; Heavy Highway Laborer (Rigging, signaling, handling,
and installation of pre-cast catch basins, manholes, curbs
and gutters); High Pressure Nozzleman - Hydraulic Monitor
(over 100# pressure); Jackhammer Operator; Jacking of slip
forms: All semi and unskilled work connected there within;
Laying of all multi-cell conduit or multi-purpose pipe;
Magnesite and Mastic Workers (Wet or Dry)(including mixer
operator);Mortar Man; Mortar Mixer (Block, Brick, Masonry,
and Plastering); Nozzleman (Sandblasting and/or Water
Blasting): handling, placing and operation of nozzle;
Operation, Manual or Hydraulic jacking of shields and the
use of such other mechanical equipment as may be necessary;
Pavement Breakers; Paving, curbing and surfacing of
streets, ways, courts, under and overpasses, bridges,
approaches, slope walls, and all other labor connected
therewith; Pilecutters; Pipe Accessment in place, bolting
and lining up of sectional metal or other pipe including
corrugated pipe; Pipelayer performing all services in the
laying and installation of pipe from the point of receiving
pipe in the ditch until completion of operation, including
any and all forms of tubular material, whether pipe, HDPE,
metallic or non-metallic, conduit, and any other
stationary-type of tubular device used for conveying of any
substance or element, whether water, sewage, solid, gas,
air, or other product whatsoever and without regard to the
nature of material from which tubular material is

Section 00 72 00, Appendix A - 11


W9128A-17-R-0001

fabricated; No-joint pipe and stripping of same,


Pipewrapper, Caulker, Bander, Kettlemen, and men applying
asphalt, Laykold, treating Creosote and similar-type
materials (6-inch) pipe and over); Piping: resurfacing and
paving of all ditches in preparation for laying of all
pipes; Pipe laying of lateral sewer pipe from main or side
sewer to buildings or structure (except Contactor may
direct work be done under proper supervision); Pipe laying,
leveling and marking of the joint used for main or side
sewers and storm sewers; Laying of all clay, terra cotta,
ironstone, vitrified concrete, HDPE or other pipe for
drainage; Placing and setting of water mains, gas mains and
all pipe including removal of skids; Plaster Mortar
Mixer/Pump; Pneumatic Impact Wrench; Portable Sawmill
Operation: Choker setters, off bearers, and lumber handlers
connected with clearing; Posthole Digger (Hand Held, Gas,
Air and Electric); Powderman's Tender; Power Broom Sweepers
(Small); Preparation and Compaction of roadbeds for
railroad track laying, highway construction, and the
preparation of trenches, footings, etc., for cross-country
transmission by pipelines, electrical transmission or
underground lines or cables (by mechanical means); Raising
of structure by manual or hydraulic jacks or other methods
and resetting of structure in new locations, including all
concrete work; Ramming or compaction; Rigging in connection
with Laborers' work (except demolition), Signaling
(including the use of walkie talkie) Choke Setting, tag
line usage; Tagging and Signaling of building materials
into high rise units; Riprap, Stonepaver, and Rock Slinger
(includes placement of stacked concrete, wet or dry and
loading, unloading, signaling, slinging and setting of
other similar materials); Rotary Scarifier (including
multiple head concrete chipping Scarifier); Salamander
Heater, Drying of plaster, concrete mortar or other
aggregate; Scaffold Erector Leadman; Scaffolds: (Swing and
hanging) including maintenance thereof; Scaler; Septic
Tank/Cesspool and Drain Fields Digger and Installer;
Shredder/Chipper (tree branches, brush, etc.); Stripping
and Setting Forms; Stripping of Forms: Other than panel
forms which are to be re-used in their original form, and
stripping of forms on all flat arch work; Tampers (Barko,
Wacker, and similar type); Tank Scaler and Cleaners;
Tarman; Tree Climbers and Trimmers; Trencher (includes
hand-held, Davis T-66 and similar type); Trucks (flatbed up
to and including 2 1/2 tons when used in connection with
on-site Laborers' work; Trucks (Refuse and Garbage Disposal)
(from job site to dump); Vibra-Screed (Bull Float in
connection with Laborers' work); Well Points, Installation
of or any other dewatering system.

Laborer II: Asphalt Plant Laborer; Boring Machine Tender;


Bridge Laborer; Burning of all debris (crates, boxes,
packaging waste materials); Chainman, Rodmen, and Grade
Markers; Cleaning, clearing, grading and/or removal for
streets, highways, roadways, aprons, runways, sidewalks,
parking areas, airports, approaches, and other similar
installations; Cleaning or reconditioning of streets, ways,

Section 00 72 00, Appendix A - 12


W9128A-17-R-0001

sewers and waterlines, all maintenance work and work of an


unskilled and semi-skilled nature; Concrete Bucket Tender
(Groundman) hooking and unhooking of bucket; Concrete
Forms; moving, cleaning, oiling and carrying to the next
point of erection of all forms; Concrete Products Plant
Laborers; Conveyor Tender (conveying of building
materials); Crushed Stone Yards and Gravel and Sand Pit
Laborers and all other similar plants; Demolition, Wrecking
and Salvage Laborers: Wrecking and dismantling of buildings
and all structures, with use of cutting or wrecking tools,
breaking away, cleaning and removal of all fixtures, All
hooking, unhooking, signaling of materials for salvage or
scrap removed by crane or derrick; Digging under streets,
roadways, aprons or other paved surfaces; Driller's Tender;
Chuck Tender, Outside Nipper; Dry-packing of concrete
(plugging and filling of she-bolt holes); Fence and/or
Guardrail Erector: Dismantling and/or re-installation of
all fence; Finegrader; Firewatcher; Flagman (Coning,
preparing, stablishing and removing portable roadway
barricade devices); Signal Men on all construction work
defined herein, including Traffic Control Signal Men at
construction site; General Excavation; Backfilling, Grading
and all other labor connected therewith; Digging of
trenches, ditches and manholes and the leveling, grading
and other preparation prior to laying pipe or conduit for
any purpose; Excavations and foundations for buildings,
piers, foundations and holes, and all other construction.
Preparation of street ways and bridges; General Laborer:
Cleaning and Clearing of all debris and surplus material.
Clean-up of right-of-way. Clearing and slashing of brush or
trees by hand or mechanical cutting. General Clean up:
sweeping, cleaning, wash-down, wiping of construction
facility and equipment (other than "Light Clean up
(Janitorial) Laborer. Garbage and Debris Handlers and
Cleaners. Appliance Handling (job site) (after delivery
unlading in storage area); Ground and Soil Treatment Work
(Pest Control); Gunite/Shotcrete Operator Tender; Junk Yard
Laborers (same as Salvage Yard); Laser Beam "Target Man" in
connection with Laborers' work; Layout Person for Plastic
(when work involves waterproofing for waterponds,
artificial lakes and reservoirs); Limbers, Brush Loaders,
and Pilers; Loading, Unloading, carrying, distributing and
handling of all rods and material for use in reinforcing
concrete construction (except when a derrick or outrigger
operated by other than hand power is used); Loading,
unloading, sorting, stockpiling, handling and distribution
of water mains, gas mains and all pipes; Loading and
unloading of all materials, fixtures, furnishings and
appliances from point of delivery to stockpile to point of
installation; hooking and signaling from truck, conveyance
or stockpile; Material Yard Laborers; Pipelayer Tender;
Pipewrapper, Caulker, Bander, Kettlemen, and men applying
asphalt, Laykold, Creosote, and similar-type materials
(pipe under 6 inches); Plasterer Laborer; Preparation,
construction and maintenance of roadbeds and sub-grade for
all paving, including excavation, dumping, and spreading of
sub-grade material; Prestressed or precast concrete slabs,

Section 00 72 00, Appendix A - 13


W9128A-17-R-0001

walls, or sections: all loading, unloading, stockpiling,


hooking on of such slabs, walls or sections; Quarry
Laborers; Railroad, Streetcar, and Rail Transit Maintenance
and Repair; Roustabout; Rubbish Trucks in connection with
Building Construction Projects (excluding clearing,
grubbing, and excavating); Salvage Yard: All work connected
with cutting, cleaning, storing, stockpiling or handling of
materials, all cleanup, removal of debris, burning,
back-filling and landscaping of the site; Sandblasting
Tender (Pot Tender): Hoses and pots or markers; Scaffolds:
Erection, planking and removal of all scaffolds used for
support for lathers, plasters, brick layers, masons, and
other construction trades crafts; Scaffolds: (Specially
designed by carpenters) laborers shall tend said carpenter
on erection and dismantling thereof, preparation for
foundation or mudsills, maintenance; Scraping of floors;
Screeds: Handling of all screeds to be reused; handling,
dismantling and conveyance of screeds; Setting, leveling
and securing or bracing of metal or other road forms and
expansion joints; Sheeting Piling/trench shoring (handling
and placing of skip sheet or wood plank trench shoring);
Ship Scalers; Shipwright Tender; Sign Erector (subdivision
traffic, regulatory, and street-name signs); Sloper; Slurry
Seal Crews (Mixer Operator, Applicator, Squeegee Man,
Shuttle Man, Top Man); Snapping of wall ties and removal of
tie rods; Soil Test operations of semi and unskilled labor
such as filling sand bags; Striper (Asphalt, Concrete or
other Paved Surfaces); Tool Room Attendant (Job Site);
Traffic Delineating Device Applicator; Underpinning,
lagging, bracing, propping and shoring, loading, signaling,
right-of-way clearance along the route of movement, The
clearance of new site, excavation of foundation when moving
a house or structure from old site to new site; Utilities
employees; Water Man; Waterscape/Hardscape Laborers; Wire
Mesh Pulling (all concrete pouring operations); Wrecking,
stripping, dismantling and handling concrete forms an false
work.

----------------------------------------------------------------
LABO0368-002 08/29/2016

Rates Fringes

Landscape & Irrigation


Laborers
GROUP 1.....................$ 24.25 11.27
GROUP 2.....................$ 24.95 11.27
GROUP 3.....................$ 20.25 11.27

LABORERS CLASSIFICATIONS

GROUP 1: Installation of non-potable permanent or temporary


irrigation water systems performed for the purposes of
Landscaping and Irrigation architectural horticultural
work; the installation of drinking fountains and permanent
or temporary irrigation systems using potable water for
Landscaping and Irrigation architectural horticultural

Section 00 72 00, Appendix A - 14


W9128A-17-R-0001

purposes only. This work includes (a) the installation of


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

GROUP 2. Layout of irrigation and other non-potable


irrigation water systems and the layout of drinking
fountains and other potable irrigation water systems in
connection with such Landscaping and Irrigation work. This
includes the layout of all heads, risers, valves, valve
boxes, vacuum breakers, low voltage electrical lines,
hydraulic and electrical controllers, and metallic
(coppers, brass, galvanized, or similar) pipe, as well as
PVC or other plastic pipe. This work also includes the
reading and interpretation of plans and specifications in
connection with the layout of Landscaping, Rockscape,
Waterscape, and Irrigation work; Operation of
Hydro-Mulching machines (sprayman and driver), Drillers,
Trenchers (riding type, Davis T-66, and similar) and fork
lifts used in connection with the performance of such
Landscaping and Irrigation work; Tree climbers and chain
saw tree trimmers, Sporadic operation (when used in
connection with Landscaping, Rockscape, Waterscape, and

Section 00 72 00, Appendix A - 15


W9128A-17-R-0001

Irrigation work) of Skid-Steer Loaders (Bobcat and


similar), Cranes (Bantam, Grove, and similar), Hoptos,
Backhoes, Loaders, Rollers, and Dozers (Case, John Deere,
and similar), Water Trucks, Trucks requiring a State of
Hawaii Public Utilities Commission Type 5 and/or type 7
license, sit-down type and "gang" mowers, and other
self-propelled, sit-down operated machines not listed under
Landscape & Irrigation Maintenance Laborer; Chemical
spraying using self-propelled power spraying equipment (200
gallon capacity or more).

GROUP 3: Maintenance of trees, shrubs, ground covers, lawns


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

----------------------------------------------------------------
LABO0368-003 08/29/2016

Rates Fringes

Underground Laborer
GROUP 1.....................$ 35.95 18.41
GROUP 2.....................$ 37.45 18.41
GROUP 3.....................$ 37.95 18.41
GROUP 4.....................$ 38.95 18.41
GROUP 5.....................$ 39.30 18.41
GROUP 6.....................$ 39.55 18.41
GROUP 7.....................$ 40.00 18.41

GROUP 1: Watchmen; Change House Attendant.

GROUP 2: Swamper; Brakeman; Bull Gang-Muckers, Trackmen;


Dumpmen (any method); Concrete Crew (includes rodding and
spreading); Grout Crew; Reboundmen

GROUP 3: Chucktenders and Cabletenders; Powderman (Prime


House); Vibratorman, Pavement Breakers

Section 00 72 00, Appendix A - 16


W9128A-17-R-0001

GROUP 4: Miners - Tunnel (including top and bottom man on


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

GROUP 5: Shaft Work & Raise (below actual or excavated ground


level); Diamond Driller; Gunite or Shotcrete Nozzleman;
Rodman; Groundman

GROUP 6: Shifter

GROUP 7: Shifter (Shaft Work & Raiser)

----------------------------------------------------------------
* PAIN1791-001 11/22/2016

Rates Fringes

Painters:
Brush.......................$ 35.85 27.27
Sandblaster; Spray..........$ 35.85 27.27
----------------------------------------------------------------
PAIN1889-001 07/01/2016

Rates Fringes

Glaziers.........................$ 35.78 27.94


----------------------------------------------------------------
PAIN1926-001 03/01/2015

Rates Fringes

Soft Floor Layers................$ 31.15 25.75


----------------------------------------------------------------
PAIN1944-001 01/01/2016

Rates Fringes

Taper............................$ 41.50 21.55


----------------------------------------------------------------
PLAS0630-001 08/31/2015

Rates Fringes

PLASTERER........................$ 37.90 25.33


----------------------------------------------------------------
PLAS0630-002 08/31/2015

Rates Fringes

Section 00 72 00, Appendix A - 17


W9128A-17-R-0001

Cement Masons:
Cement Masons...............$ 37.90 25.33
Trowel Machine Operators....$ 38.05 25.33
----------------------------------------------------------------
PLUM0675-001 07/03/2016

Rates Fringes

Plumber, Pipefitter,
Steamfitter & Sprinkler Fitter...$ 40.85 24.98
----------------------------------------------------------------
ROOF0221-001 09/04/2016

Rates Fringes

Roofers (Including Built Up,


Composition and Single Ply)......$ 39.85 17.93
----------------------------------------------------------------
SHEE0293-001 08/01/2015

Rates Fringes

Sheet metal worker...............$ 42.96 20.58


----------------------------------------------------------------
SUHI1997-002 09/15/1997

Rates Fringes

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

FENCE ERECTOR (Chain Link


Fence)...........................$ 9.33 1.65
----------------------------------------------------------------

WELDERS - Receive rate prescribed for craft performing


operation to which welding is incidental.

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

Unlisted classifications needed for work not included within


the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).

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

The body of each wage determination lists the classification


and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).

Section 00 72 00, Appendix A - 18


W9128A-17-R-0001

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed


in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.

Union prevailing wage rates are updated to reflect all rate


changes in the collective bargaining agreement (CBA) governing
this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that


no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a
new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate


that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of


each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.

Section 00 72 00, Appendix A - 19


W9128A-17-R-0001

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

WAGE DETERMINATION APPEALS PROCESS

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

* an existing published wage determination


* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests


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

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

Branch of Construction Wage Determinations


Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an


interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator


U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210

The request should be accompanied by a full statement of the


interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an


interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board


U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210

Section 00 72 00, Appendix A - 20


W9128A-17-R-0001

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

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

END OF GENERAL DECISION

Section 00 72 00, Appendix A - 21


W9128A-17-R-0001

Section 00 73 00 - Supplementary Conditions

CLAUSES INCORPORATED BY FULL TEXT

52.231-5000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995)--EFARS

(a) This clause does not apply to terminations. See 52.249-5000, Basis for Settlement of Proposals and FAR Part
49.

(b) Allowable cost for construction and marine plant and equipment in sound workable condition owned or
controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece
of equipment or groups of similar serial and series for which the Government can determine both ownership and
operating costs from the contractor's accounting records. When both ownership and operating costs cannot be
determined for any piece of equipment or groups of similar serial or series equipment from the contractor's
accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8,
Construction Equipment Ownership and Operating Expense Schedule, Region X. Working conditions shall be
considered to be average for determining equipment rates using the schedule unless specified otherwise by the
contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be
used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in
effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was
performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36. Rates
for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback
arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from
an organization under common control that has an established practice of leasing the same or similar equipment to
unaffiliated lessees.

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the small
purchase threshold, the contracting officer shall request the contractor to submit either certified cost or pricing data,
or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing
Proposal Cover Sheet.

(End of clause)

52.232-5004 INCREMENTAL FUNDING CLAUSE


(To be completed at award)

(a) Funds are not available at the inception of this contract to cover the entire contract price. The liability of the
Government is limited by this clause notwithstanding any contrary provision of the Payments to Contractor clause
or any other clause of this contract. The sum of $___________________ has been reserved for this contract and is
available for payment to the Contractor during the current fiscal year. It is expected that Congress will make
appropriations for future fiscal years from which additional funds will be reserved for this contract.

(b) Failure to make payments in excess of the amount currently reserved, or that may be reserved from time to time,
shall not be considered a breach of contract, and shall not entitle the Contractor to a price adjustment under the terms
of this contract.

Section 00 73 00 Page 1
W9128A-17-R-0001

(c) The Government may at any time reserve additional funds for payments under the contract if there are funds
available for such purpose. The Contracting Officer will promptly notify the Contractor of any additional funds
reserved for the contract by issuing an administrative modification to the contract.

(d) If earnings will be such that funds reserved for the contract will be exhausted before the end of any fiscal year,
the Contractor shall give written notice to the Contracting Officer of the estimated date of exhaustion and the
amount of additional funds which will be needed to meet payments due or to become due under the contract during
that fiscal year. This notice shall be given not less than 120 days prior to the estimated date of exhaustion. Unless
informed in writing by the Contracting Officer that additional funds have been reserved for payments under the
contract, the Contractor shall stop work upon the exhaustion of funds.

(e) No payments will be made after exhaustion of funds except to the extent that additional funds are reserved for
the contract.

(f) Any suspension, delay, or interruption of work arising from exhaustion or anticipated exhaustion of funds shall
not constitute a breach of this contract and shall not entitle the Contractor to any price adjustment under a
Suspension of Work or similar clause or in any other manner under this contract.

(g) An equitable adjustment in performance time shall be made for any increase in the time required for performance
of any part of the work arising from exhaustion of funds or the reasonable anticipation of exhaustion of funds.

(h) If, upon the expiration of one-hundred (100) days after the beginning of the fiscal year following an exhaustion
of funds, the Government has failed to reserve additional funds for this contract sufficient to cover the
Governments estimate of funding required for the first quarter of that fiscal year, the Contractor, by written notice
delivered to the Contracting Officer at any time before such additional funds are reserved, may elect to treat his right
to proceed with the work as having been terminated. The Government will not be obligated in any event to
reimburse the Contractor for any costs incurred after the exhaustion of funds regardless of anything to the contrary
in the clause entitled Termination for Convenience of the Government.

(i) If at any time it becomes apparent that the funds reserved for any fiscal year are in excess of the funds required to
meet all payments due or to become due the Contractor because of work performed and to be performed under this
contract during the fiscal year, the Government reserves the right, after notice to the Contractor, to reduce said
reservation by the amount of such excess.

(j) The term Reservation means monies that have been set aside and made available for payments under this
contract. Reservations of funds shall be made in writing via an administrative modification issued by the Contracting
Officer.

S-37.10 - Pursuant to Department of Defense Instruction Number 2000, DoD Antiterrorism (AT) Standards, dated
October 2, 2006

IWATCH
IWatch Training. IWATCH within the Army is a nation-wide modern version of a neighborhood watch program
focused on the threat of terrorist activity. It is an antiterrorism awareness program that the contractors workforce,
while on Army installations, must all be familiar with to promote and enhance reporting suspicious activity or
behavior. The program has two elements: passive and active. The passive element is an individuals situational
awareness of his or her surroundings. The active element of iWATCH involves individuals taking action to report
suspicious behavior or activities to law enforcement for more investigation.

Contractor personnel, to include subcontractors, performing on or within an Army controlled facility, area or on an
Army installation are required to brief and train their personnel on the Iwatch program for that area, facility or

Section 00 73 00 Page 2
W9128A-17-R-0001

installation. Training standards will be provided by the COR with 5 calendar days of contract award. Contractor
personnel are train all personnel within 30 days of award or within 30 days of a hiring action. Contractors are to
report training to the COR within 45 days of contract award or a hiring action.

LEVEL I ANTITERRORISM (AT) STANDARDS

(a) Pursuant to Department of Defense Instruction Number 2000, DoD Antiterrorism (AT) Standards, dated
October 2, 2006, each contractor employee requiring access to a Federally-controlled installation, facility and/or
Federally-controlled information system(s) shall complete Level I AT Awareness Training on an annual basis and
receive a certificate of completion. The training is accessible from any computer and is available at
https://jkodirect.jten.mil (Course #JS-US007-14). The contractor is responsible for ensuring that all applicable
employees have completed antiterrorism awareness training and shall certify that their workforce has completed the
training through the submission of completion certificate (s) to the Contracting Officer and the Contracting Officers
Representative (if appointed) within five working days after contract award or prior to access to a Federally-
controlled installation or information system.

(b) In the event that the automated system at https://jkodirect.jten.mil (Course #JS-US007-14) is not available
(e.g., server problems), Level I AT Awareness Training can be provided by a qualified instructor. However, if the
training is not completed online, the Level I AT Awareness Instructor qualification must be coordinated with the
Installation Antiterrorism Officer (or Installation Security equivalent) and the resultant name(s) of approved
instructors shall be provided the contracting officer or designee along with all associated cost or schedule impacts to
the contract. Antiterrorism performance (Level 1 AT Awareness Training attendance and compliance) may be
documented as a performance metric under the resultant contract, and be part of past performance information in
support of future source selections.

ACCESS TO ARMY INSTALLATIONS PERSONNEL and VEHICLES

(a) Commercial businesses must possess and present a contractor IAP to gain entry at any access control point
(ACP). Installation Access Passes are processed by the Installation Access Pass Office, Building 6508, Leilehua
Golf Course.

(b) In order to obtain a contractor IAP, the contracting office representative must submit a signed and approved
IAP application along with a personnel information sheet to the Installation Access Office. Printed proof of social
security numbers will need to be presented with all substantiating documents to the IAP Office. After the office has
processed the paperwork (typically two days), the contractor may pick up his or her pass at the office. The contractor
must bring some form of identification with proof of his or her social security number.

(c) Vendors and contractors with commercial vehicles who do business on Army installations on a regular basis
can receive extended passes for individual and fleet vehicles, for periods stipulated by the COR/sponsor, by
registering their vehicles at the IAP Office. Company Multiple Operator memorandums will be presented to IAP
personnel upon requesting a vehicle IAP.

(d) The Contractor shall provide to the Contracting Officer Representative the names and Social security Numbers
of individuals requiring access in performance of the contract no later than 14 days prior to start of performance.
The Army Organization or Directorate for whom the contractor is working is responsible for processing the
paperwork to obtain passes.

(e) The Contractor is responsible for assuring personnel required to access any installation in performance of the
contract obtain the required identification. Costs for employees to travel to the Government location will be borne
by the contractor. Failure to obtain required identification will not relieve the contractor from contract

Section 00 73 00 Page 3
W9128A-17-R-0001

performance. Contractor shall be responsible for the return of identification cards upon the expiration of the
contract or when an employee is no longer performing work under the contract.

(f) The Contractor will provide a list of the names of all employees and subcontractor employees who will access
any Army facility in the performance of this contract. Contractor will provide written document used to verify
employees and subcontractor's employees compliance with FAR 52.222-54, Employment Eligibility Verification
(clause that requires contractor to do background check.) The contractor will provide written proof from the
Immigration and Naturalization Service that all employees listed are approved for employment within the US.

(g) At any time contractor employees are operating contractor-owned vehicles on an Army Installation, they shall
have in their possession a letter signed by a corporate officer authorizing the individual to drive the vehicle.

(h) The Contracting Officer and the Provost Marshal office shall be notified of any changes in vehicles within three
business days of the change.

(i) Lost vehicle passes shall be reported immediately in order to obtain new passes. All vehicle passes issued shall
be returned to the Installation Access Office upon completion of the contract, termination of an employee or
discontinued use of the registered vehicles.

(j) Failure to follow the procedures outlined above may result in delays in entering Army Installations. The
Government is not responsible for any adverse impact on the contractor or its operation as a result of delays due to
the failure to register vehicles.

(k) Contractors operating vehicles on an Army post will not use cell phones unless used with a hands-free device.
This applies to ALL personnel driving privately-owned and government vehicles on Army installations and housing
areas. Failure to comply will result in the loss of on-post driving privileges:
First offense 14 days
Second offense 30 days
Third offense 180 days
If caught driving while privileges are suspended, your privileges may be further suspended for a 5-year period.

(l) The Provost Marshall has the authority to change the above procedures without notice. Contractors shall
adhere to any changes in security procedures.

S-10 Little Fire Ant Avoidance

USAG-HI aims to ensure that the Little Fire Ant (LFA), Wasmannia punctata, an invasive species that was recently
introduced to the State of Hawaii, does not become established on U.S. Army installations. LFA has the potential to
infest homes and cause painful stings on both adults and children. The LFA also stings pets, such as dogs or cats on
their eyes, which has the potential to cause blindness.

All new USAG-HI landscaping projects must be sourced from LFA free nurseries. For confidentiality reasons, the
Hawaii Department of Health has not published a formal list of nurseries that are not fire ant free. However, the
agency has disclosed that these nurseries are located in the Waimanalo area on the Windward coast of Oahu.
Therefore, it is strongly recommended that the covered persons not purchase or install any landscaping products
purchased from the Waimanalo area until further notice.

Prior to purchasing the landscaping materials required for this contract, contact the Directorate of Public Works
Natural Resource Program (NRP), at 655-9189 or 655-9191, to obtain an approval certificate for the project.

Once the landscaping materials are installed, provide NRP personnel access to survey and inspect the newly
landscaped sites. The purpose of the inspection is to look for LFA. If LFA are found, the contractor who installed
the plants must provide the labor and funding to remove the LFA. Under these circumstances, the responsible party

Section 00 73 00 Page 4
W9128A-17-R-0001

may only use pest management controls that comply with the current USAG-HI Pest Management Plan and obtain
approval from the Installation Pest Management Coordinator (IPMC) prior to any treatment. A copy of the Pest
Management Plan may be obtained at Building 104 on Wheeler Army Airfield from the Pest Management Program
Manager, 656-3093. The IPMC can provide guidance on how to comply with the Pest Management Plan.

S-11 - Hawaiian Hoary Bat Pupping Season

During the bat pupping season, 1 June to 15 September, there shall be no cutting or trimming of any tree over 15
feet tall.

End of Clause

S-19 SAFETY STANDARDS

a. The successful offeror will be required to comply with Chapter 396 of the Hawaii Occupational Safety and
Health Act (OSHA) standards and Title 12 Department of Labor and Industrial Relations, Subtitle 8 Division of
Occupational Safety and Health, Part 2 General Industry Standards as well as with the Corps of Engineers Manual
385-1-1, Safety and Health Requirements Manual (latest version). [Title 29, CFR, Chap 18, Part 1910 (OSHA)]

b. The successful offeror shall attend the Honolulu Districts Effective Planning in Accident Prevention Training
Course held quarterly or view the course video within 60 days after award of the contract. Confirmation of having
taken the course shall be forwarded to the Contracting Officer Representative by a letter signed by the President of
the Company.

[End of Statement]

S-23.1 EMERGENCY PLANNING COMMUNITY RIGHT TO KNOW ACT (EPCRA)


EXTREMELY HAZARDOUS SUBSTANCES (EHS), CERCLA HAZARDOUS SUBSTANCES, AND
OTHER OSHA HAZARDOUS CHEMICALS (November 2012)

This applies to any contractor utilizing EPCRA EHS, CERCLA hazardous substances, and other OSHA hazardous
chemicals in performance of any work while on any US Army Garrison, Hawaii (USAG-HI) installations. The
EPCRA EHS are defined in EPA document EPA 550-B-98-017, Title III List of Lists, Consolidated List of
Chemicals Subject to the Emergency Planning and Community Right to Know Act and Section 112(r) of the
Clean Air Act Amended available at the following web address: http://epa.gov/emergencies/tools.htm#lol.
Contractors are responsible to know what chemicals they use or transport on USAG-HI Installations that are
contained on the lists. For locations of these chemicals stored on USAG-HI Installations, the Contractors may
request data by contacting the Directorate of Public Works (DPW), Environmental Division (ED) at 656-2878.
The Contractor shall provide contract description, period of contract performance, and contract number. A data
base of locations storing hazardous substances meeting the requirements of this paragraph will be forwarded upon
review and approval of the Contractors request.

(1) Reporting. All spills of substances containing EPCRA, EHS, and CERCLA hazardous substances, and OSHA
hazardous chemicals will immediately be reported to the DPW, Emergency Spill Response Line at 656-1111. The
Contracting Officer must also be notified during the first business hour immediately after discovery of the release.
In addition, all waste developed resulting from EPCRA EHS, CERCLA hazardous substances, and other OSHA
hazardous chemicals being utilized will be reported to the DPW, ED at 656-2878.

(2) All Contractors Utilizing Substances Containing EPCRA EHS, CERCLA hazardous substances, and other

Section 00 73 00 Page 5
W9128A-17-R-0001

OSHA hazardous chemicals will perform the following prior to contract start.

(a) Review the Installation Spill Contingency Plan and the Installation Hazardous Waste Management
Plan available at the DPW ED. Upon review, the contractor or designated responsible employee shall
sign a certification statement that they have reviewed and understand the contents of these documents.

(b) Provide a list of all EPCRA EHS, CERCLA hazardous substances, and other OSHA hazardous
chemicals projected to be utilized (estimated quantities), storage locations and the Material Safety Data
Sheets to the DPW ED.

(c) The Contractor shall provide a copy of their Spill Response/Contingency Plan and copies related
training certificates.

(3) Contractor Caused Spills or Waste Generated from Substances Containing EPCRA EHS, CERCLA
Hazardous Substances, and OSHA Hazardous Chemicals.

(a) All spills caused by the Contractor will be cleaned up under supervision of the contractor and a
qualified hazardous materials spill response company, at no cost to the government and in accordance
with all applicable laws and regulations to the satisfaction of the Contracting Officer and the DPW
ED.

(b) Contractor shall accomplish all spill notifications as required by the Contracting Officer, the U.S.
Environmental Protection Agency, State of Hawaii to the Hazard Evaluation Emergency Response Office,
Local Emergency Response Commission and National Response Center.

(c) The Contractor shall pay for disposal costs (no cost to the government) for all contaminated
materials/debris to include but not limited to soil, sorbent materials, disposable equipment and other
materials contaminated by the spill. The Contractor shall sign the uniform hazardous waste manifests
and secure a provisional EPA identification number (if required). Ensure that all aspects of management
and disposal of wastes are in accordance with all applicable laws and regulations.

S-28.7 REQUIRED INSURANCE (Aug 2004)

(The following is applicable when work is performed on a government installation.)

The minimum insurance requirements, pursuant to Section 00 72 00, Contract Clause, "INSURANCE - - WORK
ON A GOVERNMENT INSTALLATION" of this contract, are:

Workers' Compensation and Employer's Liability Insurance - Minimum coverage of $100,000.

Comprehensive General Liability Insurance - Minimum coverage of $500,000 per occurrence.

Automobile Liability Insurance

(1) Bodily Injury: Minimum coverage of $200,000 per person and $500,000 per occurrence.

(2) Property Damage: Minimum coverage of $20,000 per occurrence.

The Contractor shall insert the substance of this clause in subcontracts under this contract that require work on a
Government installation.

Section 00 73 00 Page 6
W9128A-17-R-0001

The Certificate Holder for both the Primes and Subcontractors' Certificates of Insurance shall be the U.S. Army
Engineer District, Honolulu, Fort Shafter, Hawaii 96858-5440. [FAR 28.306 and 28.307-2]

[End of Statement]

S-28.8 PERFORMANCE AND PAYMENT BONDS (OCT 1995)

(Applicable to contracts exceeding $150,000)

Within fourteen (14) calendar days after the date of contract award, the bidder to whom award is made shall furnish
the Government with two bonds, each with good and sufficient surety or sureties acceptable to the Government;
namely, a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25-A).

Any bonds furnished will be furnished by the Contractor to the Government prior to issuance of a Notice to Proceed
by the Government. [FAR 28.102-3]

[End of Statement]

S-36.11 POSTERS AND NOTICES

Wage Rate, Equal Employment Opportunity, and Nondiscrimination in Employment Posters and Notices will be
provided to the Contractor by the Contracting Officer. The Contractor shall mount these posters and notices,
together with the wage determination decision, under weatherproof, transparent, protective covering, in one or more
conspicuous places, as approved, and readily available to employees.

[End of Statement]

S-36.12 PROJECT SIGN (March 2007)

Two (2) project signs shall be fabricated and erected at a location designated by the Contracting Officer. The signs
shall be constructed as shown in EP 310-1-6a, dated 01 Jun 06, pages 16-1 thru 16-4, copy of which is provided at
the end of this section (Appendix A). The signs shall be erected as soon as possible and within 15 days after the date
of notice to proceed. Upon completion of the project, the sign shall be removed and disposed of.

[End of Statement]

S-36.17 EQUIPMENT EXPENSE RATES IN NEGOTIATED ACTIONS (AUG 2014)

Whenever a contract or modification of contract price is negotiated, the Contractor's cost proposals for equipment
ownership and operating expenses shall be determined in accordance with the requirements of Special Contract
Requirements statement, entitled "EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE," of
this solicitation. EP 1110-1-8 "Construction Equipment Ownership and Operating Expense Schedule" is available at
http://www.publications.usace.army.mil/USACEPublications/EngineerPamphlets/tabid/16440/u43545q/313131302
D312D38/Default.aspx for State of Hawaii (Region 10) and for Kwajalein Island, Roi-Namur Island, and Meck
Island (Area 12), including Guam, American Samoa, and Johnston Island). [FAR 31.105(d)(2)(i) and UAI 31.105-
101.

[End of Statement]

Section 00 73 00 Page 7
W9128A-17-R-0001

S-36.20 PERFORMANCE OF WORK BY THE CONTRACTOR - DEFINED (NOV 1998)

(a) "Work," means physical work activities, involving any of the trades required to directly place the construction
required by the contract. It also includes physical activities that directly support the work, such as: (1)
warehousing; (2) maintenance of equipment; (3) procurement and transportation of supplies or construction
materials to the site for use by the contractor; (4) procuring, transporting and providing equipment for use by the
contractor; (5) logistical activities that directly support the contractor's employees; and (6) similar activities. The
meaning of the term does not include: (1) physical work performed by subcontractors; (2) procurement and
transportation of supplies or construction materials to the site for use by subcontractors; (3) procuring, transporting
and providing equipment for use by subcontractors; logistical activities undertaken by subcontractors for the benefit
of contractor or subcontractor employees; (4) superintendence, quality control, clerical or similar activities; or (5)
other activities of a similar nature.

Work will be quantified in terms of its monetary cost to the contractor, and will be compared to the total direct costs
that the contractor incurs in performing the contract.

(b) "On the site" means the area within the construction limits depicted or described in the contract drawings or
specifications. Activities such as transportation, maintenance and logistics that take place outside of the
construction limits depicted or described are still "on the site," if in direct support of activities within the
construction limits.

(c) "The contractor's own organization" means those individuals who are employed and paid by the contractor,
whether full or part time. If a joint venture or partnership, members (and their paid employees) of the joint venture
or partners are considered part of "the contractor's own organization." If a corporation, wholly-owned subsidiary
elements of the corporation and their paid employees, are considered part of "the contractor's own organization."
Any individual who is employed or paid, even on a occasional basis by an entity other than the contractor (such as a
subcontractor), or any subcontractor or supplier to the contractor, is not considered part of "the contractor's own
organization."

[End of Statement]

S-36.21 AVAILABILITY AND USE OF UTILITY SERVICES (JAN 2006)

(a) The Government will make all reasonably required amounts of utilities available to the Contractor from existing
outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each
utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the
Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting
Officer. The Contractor shall carefully conserve any utilities furnished without charge.

(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install
and maintain all necessary temporary connections and distribution lines, and all meters required to measure the
amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the
Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated
paraphernalia.

(c) Schedule of utilities available from the Government without charge: Water and Electricity

[End of Statement]

Section 00 73 00 Page 8
W9128A-17-R-0001

S-36.22 NOTICE OF PARTNERING (April 2004)

The Government intends to encourage the foundation of a cohesive partnering arrangement with the contractor and
its subcontractors. This partnering arrangement will be structured to draw on the strengths of each organization to
identify and achieve reciprocal goals. The objectives are effective and efficient contract performance intended to
achieve completion within budget, on schedule, and in accordance with contract plans and specifications. This
partnering arrangement will be bilateral in membership. To implement this partnering initiative, it is anticipated that
within 60-days of Notice to Proceed, the contractor and Government management teams to include on-site and
offsite management will attend a 1 day partnering development seminar/team building workshop. Any costs
associated with this initial partnering workshop, or any other follow-on sessions if necessary, excluding salaries,
travel, lodging, and food for Government personnel, shall be borne by the contractor. The facilitator for the
workshop shall be an objective and neutral third party participant, skilled in team building and group dynamics, who
has no vested interest in the decisions reached by the group. Up to 25 Government personnel will attend this
workshop. The partnering workshop will be held on the Island of Oahu.

[End of Statement]

S-36.34 VEHICLE REGISTRATION

1. All vehicles operating on Army Installations must have a valid registration, valid certificate of insurance,
current safety inspection and be operated by a licensed driver. Vehicle operators shall be prepared to present
these documents when requested by the security guard.

2. Contractor vehicles utilized in performance of the contract shall be registered with the Installation Provost
Marshal for entry into any Army Installation. This includes contractor employees privately-owned vehicles
(POVs) used to travel to and from the job site. Employees will be allowed to register only one vehicle. It shall
be the sole responsibility of the contractor to register vehicles with the Provost Marshal.

3. Prior to contract performance, the contractor shall provide the Contracting Officer with a list of company-
owned vehicles, employee POVs, and any subcontractor vehicles to be registered. The Contracting Officer will
prepare a request for vehicle registration to the Provost Marshal. Upon receipt of the signed request the
contractor shall report directly to the Provost Marshal for vehicle registration. Contractor employees must
report in person for registration of their POVs. The following documents will be required to be presented to
the Provost Marshal for vehicle registration:

a. Contracting Officers request for vehicle registration.


b. Valid Vehicle registration
c. Valid Certificate of Insurance
d. Current Safety Inspection
e. Valid drivers license

4. At any time contractor employees (or subcontractor employees) are operating contractor-owned vehicles on an
Army Installation, they shall have in their possession a letter signed by a corporate officer authorizing the
individual to drive the vehicle.

5. The Contracting Officer and the Provost Marshal office shall be notified of any changes in vehicles within three
business days of the change.

6. In the event the Provost Marshal issues extended passes for vehicles, lost passes shall be reported immediately,
in writing, to the appropriate Provost Marshal Office, in order to obtain new passes. Notification shall include
all circumstances surrounding the loss of the original passes. All vehicle passes issued shall be returned to the
Provost Marshal upon completion of the contract, termination of an employee or discontinued use of the
registered vehicles.

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7. Failure to follow the procedures outlined above may result in delays in entering Army Installations. The
Government is not responsible for any adverse impact on the contractor or its operation as a result of delays due
to the failure to register vehicles.

S-36.5 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1. This provision specifies the procedure for determination of time extensions for unusually severe weather in
accordance with the contract clause entitled DEFAULT (FIXED-PRICE CONSTRUCTION). In order for the
Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

a. The weather experienced at the project site during the contract period must be found to be unusually severe,
that is, more severe than the adverse weather anticipated for the project location during any given month.

b. The unusually severe weather must actually cause a delay to the completion of the project. The delay must
be beyond the control and without the fault or negligence of the Contractor.

2. The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and
Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for
monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse
weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY


WORK DAYS BASED ON 5 DAY WORK WEEK

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
4 5 6 4 3 3 3 4 3 5 4 7

3. Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor
will record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled
work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the
Contractor's scheduled work day. The number of actual adverse weather delay days shall include days impacted by
actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the
first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days
exceeds the number of days anticipated in paragraph 2, above, the Contracting Officer will convert any qualifying
delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in
accordance with the contract clause entitled DEFAULT (FIXED-PRICE CONSTRUCTION). [ER 415-1-15, 31 Oct
89]

S-36.7 IDENTIFICATION OF EMPLOYEES

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

[End of Statement]

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S-36.8 GROUND-FAULT CIRCUIT INTERRUPTERS

Ground-fault circuit interrupters for all 125-volt single phase 15- and 20-ampere receptacle outlets which are not
part of the permanent wiring of the building or structure shall be provided by the Contractor in accordance with
Section 305-6 of the 2008 or latest edition National Electrical Code.

[End of Statement]

S-8 UTILITY OUTAGES

Utility outages shall be as hereinafter specified, unless otherwise indicated or specified. Interruptions to existing
utilities shall be held to a minimum. Outages to facilitate connections to existing systems shall be scheduled to take
place during periods of minimum demand. The Contractor shall submit a planned schedule of outages to the
Contracting Officer for proper coordination with existing facilities, and shall notify the Contracting Officer in
writing not less than 60 days in advance of the intended interruptions. Planned schedule of outages shall include
specific dates, times, and anticipated duration of proposed outages. In the event the proposed outages interfere with
station operations, the Contracting Officer will consider or offer alternate dates and/or times. Outages may be
permitted during off-peak hours, hours of darkness, weekends, and holidays, at no additional cost to the
Government. Work shall be planned to minimize outages. No utility outage will be permitted until the Contractor
receives written approval from the Contracting Officer.

[End of Statement]

AT LEVEL I TRAINING
All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities,
controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar
days after contract start date or effective date of incorporation of this requirement into the contract, whichever is
applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor
employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5
calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness
training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by
the RA ATO in presentation form which will be documented via Memorandum

ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES


Contractor and all associated sub-contractors employees shall provide all information required for background
checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director
of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification
requirements (FAR clause 52.204-9, Personal Identity Verification of Contract or Personnel) as directed by DOD,
HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract,
should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government
may require changes in contractor security matters or processes.

CONTRACTORS THAT DO NOT REQUIRE CAC, BUT REQUIRE ACCESS TO A DoD FACILITY OR
INSTALLATION
Contractor and all associated sub-contractors employee shall comply with adjudication standards and procedures
using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening
Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander

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installation/facility access and local security policies and procedures (provided by government representative), or, at
OCONUS location, in accordance with status of forces agreements and other theater regulations.

SUSPICIOUS ACTIVITY REPORTING TRAINING (e.g. iWATCH)


The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local
suspicious activity reporting program. This locally developed training will be used to inform employees of the types
of behavior to watch for and instruct employees to report suspicious activity to the project manager, security
representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award
and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT
5 calendar days after the completion of the training.

ARMY TRAINING CERTIFICATION TRACKING SYSTEM (ATCTS) REGISTRATION FOR


CONTRACTOR EMPLOYEES WHO REQUIRE ACCESS TO GOVERNMENT INFORMATION
SYSTEMS
All contractor employees with access to a government info system must be registered in the ATCTS (Army Training
Certification Tracking System) at commencement of services, and must successfully complete the DOD Information
Assurance Awareness prior to access to the IS and then annually thereafter.

REQUIREMENT FOR OPSEC TRAINING


All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for
duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall
submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the
contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC
awareness training is available at the following websites: https://www.iad.gov/ioss/ or
http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in
presentation form which will be documented via memorandum.

INFORMATION ASSURANCE (IA)/INFORMATION TECHNOLOGY (IT) TRAINING


All contractor employees and associated sub-contractor employees must complete the DoD IA awareness training
before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must
comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six
months of employment.

INFORMATION ASSURANCE (IA)/INFORMATION TECHNOLOGY (IT) CERTIFICATION


Per DoD 8570.01-M , DFARS 252.239.7001 and AR 25-2, the contractor employees supporting IA/IT functions
shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01-M must
be completed upon contract award

THREAT AWARNESS REPORTING PROGRAM


For all contractors with security clearances. Per AR 381-12 Threat Awareness and Reporting Program (TARP),
contractor employees must receive annual TARP training by a CI agent or other trainer.

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