solicitation, offer, 1. solicitation no. 2. … soliciation is for two design build projects: pn...

This soliciation is for tw o design build projects: PN 78841 and PN 79097. Both renovation projects are at Storck Barracks, Illesheim, Germany. Offerors can submit proposals for one or both projects.

Estimated Magnitude of each Project in accordance w ith DFARS 236.204 is betw een $20,000,000 and $40,000,000.

See FAR Clause 52.236-27 Alt I for Site Visit details and instructions (Pages 54 and 55 of this document)

Contractor's DUNS #:

MICHAEL D CRADER 011-49-611-9744-2626

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

15-May-2012

(RFP)

(IFB)

X

CALL:

Storck Barracks Rennovations

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________1980 calendar days after receiving

aw ard, 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?(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________4 copies to perform the w ork required are due at the place specified in Item 8 by ___________

local time ______________13 Jun 2012 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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 X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______180 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIVISIONUS ARMY CORPS OF ENGINEERSKONRAD ADENAUER RING 39D-65187 WIESBADEN GERMANYWIESBADEN 65187

W912GB

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

.)

12B. CALENDAR DAYS

10

04:00 PM (hour)

Sealed envelopes containing offers

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

PN 78841, 79097

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

W912GB-12-R-0017 59

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)(Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer isaccepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

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 SIGNOFFER (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

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-

to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and

on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is

contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses,

representations, certif ications, and specif ications or incorporated by ref er-

ence in or attached to this contract.

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

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

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Section 00010 - Solicitation Contract Form OFFEROR'S INFORMATION The offeror shall propose on all based bid and optional items. Provide completion of all construction of base bid and selected option(s) from notice to proceed as described in the contract clause 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK. Project duration is as per the bid schedule and the calendar days are from issuance of NTP. See 52.211-12 for liquidated damages. Liquidated damages apply to any completion date specified in the contract or Bid Schedule. The bid items include all labor, materials, equipment, transportation and services necessary to complete the construction of the work identified in the attached Statements of Work, drawings and specifications. It also includes preparation of all documents, submittals, schedule, inspections and technical requirements and compliance with all technical, quality control, administrative and safety requirements as required in the Plans, Specifications, Statement of Work (SOW) . The Government reserves the right after award of base bid to award any of the contract options, not later than 90 calendar days after issuance of Notice to Proceed (NTP). Any option work awarded shall be completed within the project duration specified on the Bid Schedule for the options, as described in the contract clause COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK. Any proposals accepted by the Government shall become a part of the contract to the extent it does not conflict with the solicitation/contract or provides a betterment. TABLE OF CONTENTS

TABLE OF CONTENTS GENERAL REQUIREMENTS: 00 73 15 General Conditions (04/2010) 00 73 15.01 Government Field Office (06/2011) 00 73 15.15 Time Extensions for Unusually Severe Weather (01/2009) 01 32 01.00.10 Project Schedule (05/2008) 01 33 00 Submittal Procedures (07/2009) 01 45 01 USACE Quality Control (06/2010) 01 45 01.10 USACE Quality Control System (QCS) (04/2008) 01 78 00 Completion Procedures (02/2010) 01 78 23 Operation & Maintenance Data (03/2009) EP 310-1-6a Construction Signs (06/2006) 01 35 26 Safety and Occupational Health Requirements (03/2012) 01 35 26.10 Additional Safety and Occupational Health Requirements for Projects in the European Union (07/2009)

PN 78841 Statement of Work

PN 79097 Statement of Work

DRAWING LIST:

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PN 78841: All Drawings dtd 28 March 2012 except where noted. A300 dtd 18 April 2012 A301 A302 dtd 18 April 2012 A303 dtd 18 April 2012 A304 dtd 18 April 2012 A305 dtd 18 April 2012 A306 dtd 18 April 2012 A307 dtd 18 April 2012 A308 dtd 18 April 2012 A309 A310 A311 A312 A313 A314 A315 A400 A401 A402 A403 A404 A405 A406 A407 A408 A409 A410 A411 A412 A413 A414 A415 A416 A417 A418 A419 A420 A421 T100 T101 Demolition Basement_6591 Demolition Basement_6609_6611_6615 Demolition Basement_6613 DEMOLITION_ATTIC_6591 DEMOLITION_ATTIC_6608-6615 DEMOLITION_BASEMENT_6591 DEMOLITION_BASEMENT_6608_6610_6612_6614 DEMOLITION_BASEMENT_6609_6611_6615

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DEMOLITION_BASEMENT_6613 DEMOLITION_FIRST_FLOOR_66XX_ABA DEMOLITION_FIRST_FLOOR_6591 DEMOLITION_FIRST_FLOOR_6608-6615 DEMOLITION_LEGENDE DEMOLITION_LEGENDE_OVERVIEW_PLAN DEMOLITION_NOTES_ATTIC_6591 DEMOLITION_NOTES_ATTIC_6591 DEMOLITIION_NOTES_FIRST_FLOOR_6591 DEMOLITION_NOTES_FIRST_FLOOR_6608-6615 DEMOLITION_NOTES_OVERVIEW_6591 DEMOLITION_NOTES_SECOND_AND_THIRD_FLOOR_6591 DEMOLITION_NOTES_SECOND_AND_THIRD_FLOOR_6608-6615 DEMOLITION_SECOND_AND_THIRD_FLOOR_6591 DEMOLITION_SECOND_AND_THIRD_FLOOR_6608-6615 DEMOLITION_SECTION_6591 DEMOLITION_SECTION_6608-6615 EXISTING_AREA_MAP NEW_ATTIC_FLOOR_6591 NEW_ATTIC_FLOOR_6608-6615 NEW_BASEMENT_6591 NEW_BASEMENT_6608_6610_6612_6614 NEW_BASEMENT_6609_6611_6615 NEW_BASEMENT_6613 NEW_BORDER_A1 NEW_FIRST_FLOOR_66xx_ABA NEW_FIRST_FLOOR_6591 NEW_FIRST_FLOOR_6608-6615 NEW_LEGENDE NEW_LEGENDE_1_50 NEW_LEGENDE_6591_1_50 NEW_LEGENDE_OVERVIEW_PLAN NEW_NOTES_OVERVIEW_6591 NEW_SECOND_AND_THIRD_FLOOR_6591 NEW_SECOND_AND_THIRD_FLOOR_6608-6615 NEW-SECTION_6591 NEW_SECTION_6608-6615 PN 79097: All Drawings dtd 28 March 2012 except where noted. A300 dtd 18 April 2012 A301 A302 dtd 18 April 2012 A303 A304 dtd 18 April 2012 A305 dtd 18 April 2012 A306 dtd 18 April 2012 A307

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A308 A309 dtd 18 April 2012 A310 A311 A312 A313 A314 A315 A400 A401 A402 A403 A404 A405 A406 A407 A408 A409 A410 A411 A412 A413 A414 A415 A416 A417 A418 A419 A420 A421 A422 A423 A424 A425 A426 T100 T101 Demolition_Basement_6592_6594 Demolition_Basement_6605_6607 DEMOLITION_ATTIC_6592 DEMOLITION_ATTIC_6593 DEMOLITION_ATTIC_6594 DEMOLITION_ATTIC_6603-6607 DEMOLITION_BASEMENT_6592_6594 DEMOLITION_BASEMENT_6593 DEMOLITION_BASEMENT_6603_6604_6606 DEMOLITION_BASEMENT_6605_6607 DEMOLITION_FIRST_FLOOR_66xx_ABA DEMOLITION_FIRST_FLOOR_6592-6594 DEMOLITION_FIRST_FLOOR_6593

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DEMOLITION_FIRST_FLOOR_6603-6607 DEMOLITION_LEGENDE DEMOLITION_LEGENDE_OVERVIEW_PLAN DEMOLITIION_NOTES_FIRST_FLOOR_6592-6594 DEMOLITION_NOTES_FIRST_FLOOR_6603-6607 DEMOLITION_NOTES_SECOND_AND_THIRD_FLOOR_6592-6594 DEMOLITION_NOTES_SECOND_AND_THIRD_FLOOR_6603-6607 DEMOLITION_SECOND_AND_THIRD_FLOOR_6593 DEMOLITION_SECTION_6592 DEMOLITION_SECTION_6592-6594 DEMOLITION_SECTION_6593 DEMOLITION_SECTION_6594 DEMOLITION_SECTION_6603-6607 EXISTING_AREA_MAP NEW_ATTIC_FLOOR_6592 NEW_ATTIC_FLOOR_6593 NEW_ATTIC_FLOOR_6594 NEW_ATTIC_FLOOR_6603-6607 NEW_BASEMENT_6592_6594 NEW_BASEMENT_6593 NEW_BASEMENT_6603_6604_6606 NEW_BASEMENT_6605_6607 NEW_BORDER_A1 NEW_FIRST_FLOOR_66xx_ABA NEW_FIRST_FLOOR_6592_6594 NEW_FIRST_FLOOR_6593 NEW_FIRST_FLOOR_6603-6607 NEW_LEGENDE NEW_LEGENDE_1_50 NEW_LEGENDE_OVERVIEW_PLAN NEW_SECOND_AND_THIRD_FLOOR_6592_6594 NEW_SECOND_AND_THIRD_FLOOR_6593 NEW_SECOND_AND_THIRD_FLOOR_6603_6607 NEW-SECTION_66xx_ABA NEW-SECTION_6592 NEW_SECTION_6592_6594 NEW-SECTION_6593 NEW-SECTION_6594 NEW_SECTION_6603-6607 APPENDICES: PN 78841: Construction Schedule Fire Protection (Brandschutzkonzept_Illesheim_English) PHOTODOC_1L Haz_Mat_1L Elec Site Survey Report_1L

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Wasseranalyse Illesheim Mech Site Survey Report_1L TV-Survey_sketches_1L Illessheim Storck Barracks Water Study-Final 24Jul09 ASHRAE62_1 Excerpt VE_Study PN 79097: Construction Schedule Fire Protection (Brandschutzkonzept_Illesheim_English) PHOTODOC_2L Haz_Mat_2L Elec Site Survey Report_2L Wasseranalyse Illesheim Mech Site Survey Report_2L TV-Survey_sketches_2L Illessheim Storck Barracks Water Study-Final 24Jul09 ASHRAE62_1 Excerpt VE_Study SURVEYS: PN 78841: Survey report-A_Report_1L Survey Report-B6_Pictures-1L 5 B E 201133-78841-6591-S01 201133-78841-6608-S02 201133-78841-6609-S03 201133-78841-6610-S04 201133-78841-6611-S05 201133-78841-6612-S06 201133-78841-6613-S07 201133-78841-6614-S08 201133-78841-6615-S09 201133-78841-D-S10 201133-78841-D-S11 201133-78841-SC-S12 Recalculation_PN78841 PN 79097: Survey report-C_Fire protection_2L Survey Report-B1-B5_Test Reports_2L Survey report-A_Report_2L

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Survey Report-B6_Pictures-2L 5 B E 201133-79097-6591-S01 201133-79097-6608-S02 201133-79097-6609-S03 201133-79097-6610-S04 201133-79097-6611-S05 201133-79097-6612-S06 201133-79097-6613-S07 201133-79097-6614-S08 201133-79097-D-S09 201133-79097-D-S10 201133-79097-SC-S11 Recalculation_PN79097 ATTACHMENTS: Attachment 1 – Experience Overview Sheet (1 page) Attachment 2 – Experience Information Sheet (2 pages) Attachment 3 – USACE Past Performance Questionnaire (3 pages) Attachment A – Resume Form (2 pages) Attachment B – Sample Letter of Assurance (1 page) Attachment C – Sample Letter of Guaranty (1 page)

DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

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Section 00100 - Bidding Schedule/Instructions to Bidders BIDDING SCHEDULE

Family Housing Improvements

STORCK BARRACKS, ILLESHEIM

PN 78841

PRICE SCHEDULE Line Items: The following line items include providing all labor, materials, equipment, and services necessary to complete the design and construction of the work identified in the attached Statement of Work, Final RFP, drawings, and survey reports. It also includes preparation of all documents, submittals, schedule, inspections and technical requirements and compliance with all technical, quality control, administrative, and safety requirements as required in the Plans and Statement of Work, Final RFP. Award of Options: The Government reserves the right to award any or all options up to 90 calendar days from initial task order award. Options awarded must be completed within the period of performance of the base items. Period of Performance: The period of performance is 1,980 calendar days from the issuance of the notice to proceed (NTP). The contractor shall have the project fully functional and available for normal, regular use no later than the end date of the period of performance. Prices: All prices are to be proposed in Euros. Liquidated Damages: Liquidated damages shall be assessed in the amount of €1,800.00 Euros per calendar day of delay beyond the required completion date for the Base CLINs. FOB: Destination

Price Schedule

BASE PRICE

Item No.

Description Lump Sum Totals (Euro)

CLIN 0001

ARCHITECTURAL AND STRUCTURAL CONSTRUCTION (REPAIR WORK): Renovation of Buildings #6591, #6609 - #6615 as stated in the Statement of Work, Final RFP. Includes all labor, equipment, and material to complete all renovation work as stated in the Statement of Work, Final RFP

€_______________

CLIN 0001a

STRUCTURAL CONSTRUCTION (REPAIR WORK): Renovation of Building #6591. Rehabilitation / replacement of floor slabs. Includes all labor, equipment, and material to complete rehabilitation / replacement work.

€_______________

CLIN 0002

HEATING AND VENTILATION CONSTRUCTION (REPAIR WORK): Renovation of Buildings #6591, #6609 - #6615 as stated in the

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Statement of Work, Final RFP. Includes all labor, equipment, and material to complete all renovation work as stated in the Statement of Work, Final RFP

€_______________

CLIN 0003

PLUMBING CONSTRUCTION (REPAIR WORK): Renovation of Buildings #6591, #6609 - #6615 as stated in the Statement of Work, Final RFP. Includes all labor, equipment, and material to complete all renovation work as stated in the Statement of Work, Final RFP

€_______________

CLIN 0004

SPRINKLER CONSTRUCTION (REPAIR WORK): Renovation of Buildings #6591, #6609 - #6615 as stated in the Statement of Work, Final RFP. Includes all labor, equipment, and material to complete all renovation work as stated in the Statement of Work, Final RFP

€_______________

CLIN 0005

ELECTRICAL CONSTRUCTION (REPAIR WORK): Renovation of Buildings #6591, #6609 - #6615 as stated in the Statement of Work, Final RFP. Includes all labor, equipment, and material to complete all renovation work as stated in the Statement of Work, Final RFP

€_______________

CLIN 0006

DESIGN Renovation of Buildings #6591, #6609 - #6615 as stated in the Statement of Work, Final RFP.

€_______________

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OPTIONAL PRICE ITEMS

Item No.


CLIN 0007

DESIGN AND CONSTRUCTION (REPAIR WORK): OPTIONAL ITEM: Renovate Building #6608, as stated in the Statement of Work, Final RFP. Includes all labor, equipment, and material to complete all renovation work as stated in the Statement of Work, Final RFP

€_______________

CLIN 0008

DESIGN AND CONSTRUCTION (REPAIR WORK): OPTIONAL ITEM: New apartment windows for Buildings #6591, #6614 and #6615 as stated in the Statement of Work, Final RFP. Includes all labor, equipment, and material to complete all renovation work as stated in the Statement of Work, Final RFP

€_______________

CLIN 0009

DESIGN AND CONSTRUCTION (REPAIR WORK): OPTIONAL ITEM: New apartment windows for Building #6608 as stated in the Statement of Work, Final RFP. Includes all labor, equipment, and material to complete all renovation work as stated in the Statement of Work, Final RFP

€_______________

CLIN 0010

DESIGN AND CONSTRUCTION (REPAIR WORK): OPTIONAL ITEM: New basement windows for Buildings #6591, #6609 - #6615 as stated in the Statement of Work, Final RFP. Includes all labor, equipment, and material to complete all renovation work as stated in the Statement of Work, Final RFP

€_______________

CLIN 0011

DESIGN AND CONSTRUCTION (REPAIR WORK): OPTIONAL ITEM: New basement windows for Building #6608 as stated in the Statement of Work, Final RFP. Includes all labor, equipment, and material to complete all renovation work as stated in the Statement of Work, Final RFP

€_______________

CLIN 0012

DESIGN AND CONSTRUCTION (REPAIR WORK): OPTIONAL ITEM: New stairwell entrance doors and windows for Buildings #6591, #6614 and #6615, as stated in the Statement of Work, Final RFP. Includes all labor, equipment, and material to complete all renovation work as stated in the Statement of Work, Final RFP

€_______________

CLIN 0013

DESIGN AND CONSTRUCTION (REPAIR WORK): OPTIONAL ITEM: New stairwell entrance doors and windows for Building #6608, as stated in the Statement of Work, Final RFP. Includes all labor, equipment, and material to complete all renovation work as stated in the Statement of Work, Final RFP

€_______________

TOTAL PRICE (EUROS)

€_______________

Contractor’s Stamp, Signature, Date:

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______________________________________ ____________________ Date END OF PRICE SCHEDULE FOR PN 78841

Family Housing Improvements

STORCK BARRACKS, ILLESHEIM

PN 79097

PRICE SCHEDULE Line Items: The following line items include providing all labor, materials, equipment, and services necessary to complete the design and construction of the work identified in the attached Statement of Work, Final RFP, drawings, and survey reports. It also includes preparation of all documents, submittals, schedule, inspections and technical requirements and compliance with all technical, quality control, administrative, and safety requirements as required in the Plans and Statement of Work, Final RFP. Award of Options: The Government reserves the right to award any or all options up to 90 calendar days from initial task order award. Options awarded must be completed within the period of performance of the base items. Period of Performance: The period of performance is 1,980 calendar days from the issuance of the notice to proceed (NTP). The contractor shall have the project fully functional and available for normal, regular use no later than the end date of the period of performance. Prices: All prices are to be proposed in Euros. Liquidated Damages: Liquidated damages shall be assessed in the amount of €1,800.00 Euros per calendar day of delay beyond the required completion date for the Base CLINs. FOB: Destination

Price Schedule

BASE PRICE

Item No.


CLIN 0001

ARCHITECTURAL AND STRUCTURAL CONSTRUCTION (REPAIR WORK): Renovation of Buildings #6592, #6593 and #6603 - #6607 as stated in the Statement of Work, Final RFP. Includes all labor, equipment, and material to complete all renovation work as stated in the Statement of Work, Final RFP

€_______________

CLIN 0002

HEATING AND VENTILATION CONSTRUCTION (REPAIR WORK): Renovation of Buildings #6592, #6593 and #6603 - #6607 as stated in the Statement of Work, Final RFP.

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Includes all labor, equipment, and material to complete all renovation work as stated in the Statement of Work, Final RFP

€_______________

CLIN 0003

PLUMBING CONSTRUCTION (REPAIR WORK): Renovation of Buildings #6592, #6593 and #6603 - #6607 as stated in the Statement of Work, Final RFP. Includes all labor, equipment, and material to complete all renovation work as stated in the Statement of Work, Final RFP

€_______________

CLIN 0004

SPRINKLER CONSTRUCTION (REPAIR WORK): Renovation of Buildings #6592, #6593 and #6603 - #6607 as stated in the Statement of Work, Final RFP. Includes all labor, equipment, and material to complete all renovation work as stated in the Statement of Work, Final RFP

€_______________

CLIN 0005

ELECTRICAL CONSTRUCTION (REPAIR WORK): Renovation of Buildings #6592, #6593 and #6603 - #6607 as stated in the Statement of Work, Final RFP. Includes all labor, equipment, and material to complete all renovation work as stated in the Statement of Work, Final RFP

€_______________

CLIN 0006

DESIGN Renovation of Buildings #6592, #6593 and #6603 - #6607 as stated in the Statement of Work, Final RFP.

€_______________

OPTIONAL PRICE ITEMS Item No.


CLIN 0007

DESIGN AND CONSTRUCTION (REPAIR WORK): OPTIONAL ITEM: Renovate Building #6594, as stated in the Statement of Work, Final RFP. Includes all labor, equipment, and material to complete all renovation work as stated in the Statement of Work, Final RFP

€_______________

CLIN 0008

DESIGN AND CONSTRUCTION (REPAIR WORK): OPTIONAL ITEM: New apartment windows for Buildings #6593, #6605, #6606 and #6607 as stated in the Statement of Work, Final RFP. Includes all labor, equipment, and material to complete all renovation work as stated in the Statement of Work, Final RFP

€_______________

CLIN 0009

DESIGN AND CONSTRUCTION (REPAIR WORK): OPTIONAL ITEM: New apartment windows for Building #6594, as stated in the Statement of Work, Final RFP. Includes all labor, equipment, and material to complete all renovation work as stated in the Statement of Work, Final RFP

€_______________

CLIN 0010

DESIGN AND CONSTRUCTION (REPAIR WORK): OPTIONAL ITEM: New basement windows for Buildings # 6592 - #6593 and #6603 - #6607 as stated in the Statement of Work, Final RFP. Includes all labor, equipment, and material to complete all

€_______________

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renovation work as stated in the Statement of Work, Final RFP

CLIN 0011

DESIGN AND CONSTRUCTION (REPAIR WORK): OPTIONAL ITEM: New basement windows for Buildings #6594 as stated in the Statement of Work, Final RFP. Includes all labor, equipment, and material to complete all renovation work as stated in the Statement of Work, Final RFP

€_______________

CLIN 0012

DESIGN AND CONSTRUCTION (REPAIR WORK): OPTIONAL ITEM: New stairwell entrance doors and windows for Buildings #6593 and #6605 as stated in the Statement of Work, Final RFP. Includes all labor, equipment, and material to complete all renovation work as stated in the Statement of Work, Final RFP

€_______________

TOTAL PRICE (EUROS)

€_______________

Contractor’s Stamp, Signature, Date:

______________________________________ ____________________ Date

END OF PRICE SCHEDULE FOR PN 79097

INSTRUCTIONS TO OFFERORS INTRODUCTION The Offeror’s proposals shall be received at the following address by the date and time indicated on the Solicitation Form 1442: U.S. Army Corps of Engineers – Europe District Contracting Division (CENAU-CT) ATTN: LTC Mike Crader CMR 410, Box 7 APO AE 09049 7th Floor, Room A717 Konrad-Adenauer Ring 39 D-65187 Wiesbaden, Germany The Offeror’s proposal shall consist of two (2) volumes: the first containing FACTORS 1 (Experience), 2 (Past Performance) & 3 (Management Approach) and the second containing Factor 4 (Price), and Other Contractual Documents as Solicitation Offer and Award Documents and Certifications/Representations. The Government is not responsible for information overlooked during the evaluation if it is not located in the appropriate proposal section. To ensure that evaluation credit is appropriately received for proposal material submitted, Offeror’s should not incorporate by reference documents not contained in the proposal. References to other sections of the proposal shall be by specific paragraph number (and name, if applicable), page number and section.

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The purpose of these two design-build projects are to provide the Whole Neighborhood Revitalization of Junior Non-Commissioned Officer Family housing apartments in multi-story apartment buildings to current standards, including energy conservation, supporting infrastructure and neighborhood amenities. The Buildings shall be renovated to conform to the user’s requirements as identified in planning documents, design meetings, criteria from US Government, and as directed through the design process. The basis of the design and RFP requirements is the IMCOM-E Army Family Housing Standard Design Guide for Army Family Housing Renovation Projects. Responses are desired from firms who can demonstrate recent and relevant experience and past performance in design/construction in Germany, but expressions of interests will be accepted from all interested parties. 2.2.2 Acquisition Strategy. There will be one solicitation with two bid schedules for two projects; there will be two subsequent awards, one for each project, as a result of this solicitation. The projects are defined as follows: 78841 Family Housing Improvements: This project includes a Design-Build Whole Neighborhood Renovation – Bldg 06591, 06608, 06609, 06610, 06611, 06612, 06613, 06614, 06615 79097 Family Housing Improvements: This project includes a Design-Build Whole Neighborhood Renovation – Bldg 06592, 06593, 06594, 06603, 06604, 06605, 06606, 06607 Offerors may submit proposals for either one project or both projects. If submitting for one project, the Offeror’s proposal shall indicate the the project number, PN 78841 or PN 79097. If submitting for both projects, Offerors are to submit: two Pricing Schedules; two Volume II(s); and one Technical package, Volume I. The Government will not assume the Offeror intended to use the same prices for both projects. Failure to submit a Bidding Schedule for a project will result in elimination of the proposal for that project for failure to submit a Bidding Schedule. BASIC PROPOSAL REQUIREMENTS

BASIC PROPOSAL SUBMISSION REQUIREMENTS

1. The Government will not make assumptions concerning intent, capabilities, or experiences. Clear identification of proposal details shall be the sole responsibility of the Offeror. The proposal shall meet the following basic requirements.

a. The Proposal shall be typed and submitted in English and easy to read. b. Proposal shall be organized, concise, and submitted in two volumes. Volumes shall be clearly

identified and tabbed. Each factor shall be described in a separate tabbed section.

c. Each volume shall be contained within a separate binder.

d. Each volume shall be identified by the solicitation number, volume number, and name, address, and telephone number of the prime Offeror on the cover.

e. Each volume shall contain a Table of Contents and include at the bottom left side of each page the volume and page number.

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f. Volume I: Offerors shall verify that the information for all forms submitted is current, correct and complete including names of the points-of-contact, email address, and telephone number.

g. Volume II: The Pricing Schedule shall be completed in full.

h. Volume II: Offerors shall submit a signed Offer Standard Form 1442 for this solicitation including verification of all amendments received.

i. Offerors shall submit a CD copy of each Volume, including the Electronic Pricing Schedule.

j. Proposals shall completely and adequately address the requirements of this solicitation. Offerors are reminded that elaborate corporate marketing information, formatting, special reproduction techniques, etc., are not necessary.

k. Contractors are cautioned against submitting conditional proposals.

l. Failing to submit attachments or failing to complete the proposal properly, may result in rejection of the offer without further evaluation. Therefore, Offerors are urged to follow instructions and speak with the Contracting Officer if instructions are not understood.

Proposal Expenses and Pre-Contract Costs: The Request for Proposal (RFP) solicitation does not commit the Government to pay any costs incurred in the preparation and submission of a proposal or for any other costs incurred by any firm submitting a proposal in response to this solicitation.

2. Joint Ventures An Offeror that is part of a Joint Venture must submit a legally binding joint venture agreement. The Government will not evaluate the capability of any Offerors that are not included in the Joint Venture agreement. Joint Ventures must include a copy of the legal joint venture agreement signed by an authorized officer from each of the firms comprising the Joint Venture with the chief executive of each entity identified and must be translated into English, if the original agreement is in a language other than English. If submitting a proposal as a Joint Venture, the experience, past performance, and management approach of each of the Joint Venture Partners can be submitted for the Joint Venture Entity. The experience for each Joint Venture Partner will be considered the experience of the Joint Venture entity. Joint ventures shall submit the following additional documentation regarding their business entities: a. A copy of their Joint Venture agreement in English.

b. A detailed statement outlining the following in terms of percentages, where appropriate.

1) The relationship of the joint venture parties in terms of business ownership, capital contribution, and profit distribution or loss sharing.

2) The management approach of the joint venture in terms of who will conduct, direct, supervise and control the project and have custody and control of the assets of the joint venture and perform the duties necessary to complete the work.

3) The structure of the joint venture and decision-ranking responsibilities of the joint venture

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parties in terms of who will control the manner and method of performance of the work.

4) The bonding responsibilities of the joint venture parties.

5) Identification of the key personnel having authority to legally bind the joint venture to subcontracts and state who will provide or contract for the labor and materials for the joint venture.

6) Identification of party maintaining the joint venture bank accounts for the payment of all expenses and the deposits of all receipts, keep the books and records, and pay applicable taxes for the joint venture.

7) Identification of party furnishing the facilities, such as office supplies and telephone service.

8) Identification of party having overall control of the joint venture. Other sections of the proposal shall identify, where appropriate, whether key personnel are employees of the individual joint venture parties and identify the party, or hired as employees of the joint venture. If one of the joint venture parties possesses relevant experience and/or past performance, the experience and/or past performance of that firm will be considered as the experience and/or past performance of the joint venture. A complete and legally binding document with all the information required under this section titled “Joint Ventures” shall be included. *** All members of the Joint Venture shall sign the SF 1442 and the Bank Letter of Assurance or Bid Bond. Make sure to include as part of Volume I. 3. Key Subcontractors. If an Offeror wishes to be credited with the experience of a key subcontract or supplier (i.e., a firm that is not the prime contractor part of the Joint Venture) a letter of commitment signed by the Key Subcontractor and the prime contractor shall be submitted. The commitment letter shall be submitted even if the firm is in some way related to a Joint Venture Partner (for example, the Key Subcontractor is subsidiary of a Joint Venture Partner, or a subsidiary of a firm to which the Joint Venture partner is also a subsidiary). If the letter of commitment is not signed by both the subcontractor and the prime, that subcontractor’s experience or past performance will not be considered. If a letter of commitment is not submitted, the experience will not be considered. Make sure to include as part of Volume I.

4. PROPOSAL FORMAT Proposals shall be submitted in the following format:

PROPOSAL PACKAGE ORIGINAL COPIES VOLUME 1 – TECHNICAL PROPOSAL 1 4

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FACTOR 1 – Experience FACTOR 2 – Past Performance FACTOR 3 – Management Approach This volume shall also include the following: Letters of Commitments for Key Subcontractors Joint Venture Agreement (if applicable) VOLUME 2 – PRICE PROPOSAL 1 4 FACTOR 4 – Price This volume shall include the information as detailed in paragraph “PROPOSAL

FORMAT FOR VOLUME II.”

PROPOSAL FORMAT FOR VOLUME I When the word ‘Offeror’ is encountered throughout Section 00100, it is intended to mean a company seeking to do business with the Government that submits a proposal in response to this solicitation. When the word “Government” is encountered throughout this Section 00100, it is intended to mean U.S. Army Corps of Engineers.

FACTOR 1 – EXPERIENCE Submission Requirements: For Factor 1 – Experience, Offerors shall submit two attachments, Attachment 1 and Attachment 2, detailing previous work experience (projects) meeting the requirements of this solicitation. 1. Information for completing Attachment 1 and Attachment 2:

a. Offerors shall complete an Experience Overview Sheet, Attachment 1, with a total listing not-to-exceed (NTE) five (5) projects, performed within the last 10 years or currently being performed (at least 50% complete), that best represent the Offeror’s work experience required on this solicitation. If more than five (5) projects are submitted, only the first five (5) projects will be evaluated. If the Offeror submits IDIQ task orders for experience, each task order will count as one project.

b. Offerors shall provide an Experience Information Sheet, Attachment 2, Page 1, for each project listed on Attachment 1 Experience Overview Sheet.

2. Projects provided for experience should show the Offeror’s experience in Germany; greater than €15,000,000 ($20,000,000); and in the following trades:

a. Renovations of multi-story buildings or barracks b. Repair/replacement of all major building systems such as architectural, electrical,

mechanical, civil, maintenance and repair of facilities c. Handling/Removal of Hazardous Material d. Design and/or design build

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e. Construction disciplines to include architectural, structural, mechanical, electrical, plumbing and fire protection

3. If a Key Subcontractor’s experience is submitted for evaluation purposes, clearly address the experience with those Key Subcontractors. If a Joint Venture, clearly address the experience of each of the Joint Venture Partners and the relationship of the JV partners on any ongoing or previous projects. FACTOR 2 - PAST PERFORMANCE Submission Requirements: The Past Performance Questionnaire (PPQ), Attachment 3, included in the solicitation is provided for the offeror or its team members to submit to the client for projects included in the proposal for Factor 1 Experience. The completed Attachment 3 shall be included in the proposal under Factor 2 Past Performance. Ensure correct phone numbers and email addresses are provided for the client point of contact. Completed Past Performance Questionnaires should be submitted with your proposal. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ Attachment 3, which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. I f the client requests, questionnaires may be submitted directly to the Government's point of contact, LTC Mike Crader, via email at [email protected] prior to proposal closing date. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation. Offerors may provide a completed Department of Defense, DD 2626 form, Final Construction Performance Evaluation, in lieu of Attachment 3. DD 2626 shall be signed by all designated authorities for consideration for evaluation. Also include performance recognition documents received within the last six years such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition. Offerors may provide projects for the last 10 years to show a greater depth of experience, but only projects that are completed within the last 6 years or at least 50 percent complete will be evaluated for past performance. In addition to the above, 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 the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror's proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the offeror. 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. FACTOR 3-MANAGEMENT APPROACH – Separate packet for each project. Submission Requirements:

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For Factor 3 – Management Approach, the Offeror shall submit a graphical description of its planned organization structure (an organization chart) for successful execution of the contract. There is a limit of twenty (20) single spaced typed pages (A4 or letter size), using at a minimum a 12 pitch font, front and back equal two pages. If more than 20 pages are submitted, only the first 20 pages will be reviewed and evaluated. The organization chart, resumes, and letters of commitment are not considered part of the thirty pages. The Management Approach shall include the following: 1. An organization chart (graph) that shows the lines of authority and communication for the execution of this contract and clearly shows the lines of authority of the Offeror’s Project Manager, Quality Control and Safety Organization, key positions, including the design firm(s) chosen for the project, if not to be self-performed, all Joint Venture Partners and Key Subcontractors, when applicable. The chart shall identify all offices involved in this contract from the Offeror’s Headquarters to the Offeror’s site office(s), and how they are related. All positions shall be identified on the organization chart by title, organization, physical location, and whether the positions are filled by the prime contractor or a subcontractor, and in the case of a Joint Venture, which JV partner. The Project Manager, or the on-site person that communicates with the U.S. Government if the PM is not on-site, and any other personnel authorized to communicate directly with the U.S. Government shall be clearly identified. 2. A narrative description of the organization structure including roles, major responsibilities, and authorities of all Joint Venture Partners, Key Subcontractors, and key personnel. The position titles used in the narrative must match those used in the organization chart. 3. Processes During Design and Construction: Describe interactions within the team and with the Corps of Engineers during the design. Discuss how the configuration management system will track and control design evolution and changes during design for quality control and to facilitate quicker Government reviews. Describe the role of the construction team members during design. Describe the role and interaction of the design team with the construction team during construction, addressing, as a minimum, maintaining configuration management of the design during construction, including control and approval of revisions to the accepted design; requests for information; shop drawing and submittal reviews and approvals; progress meetings; site visits, if any; contract completion, closeout, as-built and completion documentation. 4. Planning and Scheduling: Describe the time control capabilities and systems to be used to plan design and construction and how the schedule will be used to manage design and construction. Demonstrate an understanding of the projects’ phasing requirements and procedures to ensure that they are met. Discuss internal procedures for handling delays to minimize time growth. 5. Quality Control: Describe the team’s quality control approach, corporate systems and capabilities to maintain quality control of the design and construction. Describe the proposed quality control organization, including the proposed staffing plan. In addition to the required designer-of-record roles specified within the RFP for maintaining integrity of the design, describe any other DOR involvement in the quality control process, if any. There is no need to submit a quality control plan as the successful offeror will provide that after award. The Government is interested in demonstrable capabilities to assure and control quality and how the offeror can achieve or exceed the contract’s minimum quality control system requirements.

PROPOSAL FORMAT FOR VOLUME II

FACTOR 4 – PRICE Submission Requirements:

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(1) Offerors shall submit a complete Price Proposal to include a completed Price Schedule.

(2) Additional Information to be provided in Volume 2:

(a) The Offer (SF 1442) duly executed with an original signature by an official authorized to bind the company.

(b) Acknowledgement of all amendments to the solicitation in accordance with the instructions on the Standard form 30 (amendment form).

(c) Section 00600 “Representations and Certifications” fully completed.

(d) Security (e.g. bid bond or letter of assurance)

(3) Request for Additional Other than Cost and Pricing Data. During the course of the valuation, should the SSA have reason to question the fairness and reasonableness of a price proposal, or has reason to believe the price proposal is unbalanced, the SSA may conduct an additional analysis as required in order to determine a price fair and reasonable in accordance with FAR 15.403-1.

(4) In addition to the Bank Letter of Assurance or Bid Bond and Bank Letter of Guaranty or Performance Bond as described in Section 00800, offerors may be required to provide additional information at a later date if needed to verify financial responsibility to perform the contract, such as a Financial Responsibility Form, Balance Sheet / Profit and Loss Statement, etc.

4. EVALUATION FACTORS FOR AWARD 1. Evaluation Factors. IAW FAR 15.304, the following factors will be considered in evaluating the

proposals:

a. Experience b. Past Performance c. Management Approach d. Price

2. Basis for Award. Subject to the provisions contained herein, award will be made to one Offeror who is deemed responsible in accordance with the Federal Acquisition Regulation (FAR), conforms to the solicitation requirements, and whose proposal, judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, represents the Best Value (using the Price/Technical Trade-off process) to the Government. The proposals will be evaluated on four (4) evaluation factors: Technical Factor 1 – Experience; Technical Factor 2 - Past Performance; Technical Factor 3 - Management Approach, and Factor 4 - Price. Experience is slightly more important than Past Performance, and the Past Performance is slightly more important than Management Approach and when combined, the three technical factors are significantly more important than Price. The Government reserves the right to award to other than the lowest priced proposal. The greater the equality of technical proposals, the more important price shall become in selecting the Best Value to the Government. Unreasonably high or low proposed prices may be grounds for eliminating a proposal from the competitive range based upon an assessment that the Offeror does not understand the requirement or the Offeror has made an unreasonable proposal.

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The awarded Contract will incorporate the successful Offeror’s proposal to the extent it offers betterments and does not conflict with the Request for Proposal.

3. Discussions: It is the Government’s intent to award without discussions. However, in accordance with FAR 15.306, should discussions become necessary, the Government reserves the right to hold them. If this occurs, a competitive range will be determined and Offerors notified in accordance with FAR 15.503.

4. Competitive Range: The competitive range may be limited for purposes of efficiency in accordance with FAR 15.306(c)(2). Offerors are urged to reflect their best possible terms; to include cost related elements, since less than the best potential terms/price(s) could result in exclusion of the proposal from further consideration.

FACTOR 1- EXPERIENCE Evaluation Criteria: 1. The Offeror will be evaluated on the depth and the relevancy of the experience as submitted in the proposal in accordance with the following criteria:

a. Projects that demonstrate experience working in Germany.

b. If Key subcontractor or Joint Venture experience is submitted for evaluation purposes, project

examples that demonstrate experience working with those Key Subcontractors and/or Joint Venture Partners are considered more relevant.

c. Projects with a cost greater than the amount of €15,000,000. (Offerors are allowed to use higher

value contracts if there is a scope of work with a measurable performance period and measureable monetary value within a larger projects. An example could be a single contract that includes separate facilities, or buildings, or phased construction. Offerors shall clearly describe this project and how it related to the overall contract. Smaller projects bundled into a larger project are not considered relevant.)

d. Projects that demonstrate experience in all the required categories listed in PROPOSAL

FORMAT FOR VOLUME I, FACTOR 1 – EXPERIENCE, Submission Requirements. Offerors demonstrating multiple projects with experience in multiple categories are considered more relevant than Offerors submitting one example.

2. Projects considered relevant shall be completed or at least 50% complete; performed in Germany; performed within the last ten years; greater than the amount of €15,000,000 ($20,000,000); and in the following trades:

a. Renovations of multi-story buildings or barracks; b. Repair/replacement of all major building systems such as electrical, mechanical,

civil, maintenance and repair of facilities; c. Handling/Removal of Hazardous Material; d. Design and/or design build; and e. Overall construction disciplines.

3. For Projects that are not considered fully relevant, the government will evaluate which projects demonstrate various aspects of relevancy. Offerors are encouraged to submit a combination of projects

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demonstrating experience with as many relevant aspects as possible. Offerors are cautioned that if they submit no recent experience, this may negatively affect the evaluation of the depth of experience.

The adjectival ratings from FACTOR 1: EXPERIENCE are listed and defined below:

OUTSTANDING – Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

GOOD – Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low. ACCEPTABLE – Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate. MARGINAL – Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high. UNACCEPTABLE – Proposal does not meet requirements and contains one or more deficiencies. Proposal is un-awardable.

FACTOR 2 - PAST PERFORMANCE Evaluation Criteria: There are two aspects to the past performance evaluation. The first aspect is to evaluate the offeror’s past performance to determine how relevant project work is, as described in Factor 1 Experience, for recent projects. The second aspect is to evaluate the offeror’s performance to determine a confidence assessment of the offeror’s performance. With respect to relevancy, more relevant past performance will typically be a stronger predictor of future performance and have more influence on the past performance confidence assessment than past performance of lesser relevance. Past Performance will be evaluated for projects completed in the last 6 years or currently ongoing (at least 50% complete) only. Offerors may provide projects for the last 10 years to show a greater depth of experience, but only projects that are completed within the last 6 years or at least 50 percent complete will be evaluated for past performance. The Offeror's past performance will be evaluated based on performance on projects submitted under Factor 1 Experience, to include the past performance of any Subcontractors or Joint Venture partners whose projects the Offeror may have submitted. Proposals will be evaluated based on the information provided and any other Past Performance information obtained by the Government. Past performance will be evaluated in accordance with the following criteria:

a. Quality: The degree to which the Offeror has complied with the contract requirements ; met quality standards; was timely in regard to problem resolution without extensive customer guidance; and the shown effectiveness of his prior quality control program.

b. Schedule/Timeliness of Performance: Whether the Offeror met contract completion

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dates including significant milestones and where schedules were exceeded, whether the Offeror identified valid justifications for the delays or if liquidated damages were assessed due to late delivery by the Offeror.

c. Customer Satisfaction: The degree to which end-users were satisfied with the project; whether the Offeror was reasonable and cooperative in regard to resolving disagreements; whether the Offeror was responsive and businesslike with concern for the customer, and whether the Offeror achieved customer satisfaction.

d. Management Personnel/Labor: Whether the Offeror used effective business practices for on-site management for subcontractors, suppliers, materials, and labor force. Whether and the extent to which the Offeror displayed an ability to hire and retain a qualified workforce; controlled government/ owner property when applicable; provided a workforce with the required expertise; easily assimilated and incorporated changes in requirements and priorities in response to the owner and provided an effective overall management and control of projects and programs.

e. Cost/Financial Management: Whether the Offeror met the contract requirements by completing the project at the agreed to price and where not, the extent to which the Offeror was responsible for cost increases; whether the Offeror provided alternative methods that benefited the client; whether the Offeror submitted invoices timely with sufficient documentation to substantiate requested payment and avoided significant unexplained variances from the original price..

f. Safety/Security: The Offeror’s prior record for maintaining an environment of safety, adherence to a safety plan, and compliance with safety requirements, including following safety regulations, housekeeping, and correcting noted deficiencies, as well as the Offeror’s prior compliance with all security requirements and personnel security requirements when applicable.

1. The Government reserves the right to verify statements the Offeror makes regarding its past performance to determine whether they are substantiated. 2. The Government will consider past performance information in evaluating overall risk associated with a particular Offeror. When evaluating these criteria, the following will be taken into consideration for evaluation purposes: a. The relevance of the past performance; b. how recently the project submitted was performed; c. trends in the Offeror’s performance; d. evaluations, letters of appreciation, and commendations from customers; and e. positive and/or negative comments that impact evaluation of Offeror’s past performance. 3. Unavailability of Past Performance Information: IAW FAR 15.305(a)(2)(iv), in the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available; the Offeror may not be evaluated favorably or unfavorably on past performance. The adjectival ratings for FACTOR 2: PAST PERFORMANCE are listed and defined below: Past Performance Relevancy Ratings:

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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 RELEVANT - Present/past performance effort involved some of the scope and magnitude of effort and 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. Performance Confidence Assessments: SUBSTANTIAL CONFIDENCE - Based on the offeror’s recent/relevant performance record, the Government has a high expectation the offeror will successfully perform the required effort. SATISFACTORY CONFIDENCE - Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation the offeror will successfully perform the required effort. LIMITED CONFIDENCE - Based on the offeror’s recent/relevant performance record, the Government has a low expectation the offeror will successfully perform the required effort. NO CONFIDENCE - Based on the offeror’s recent/relevant performance record, the Government has no expectation the offeror will successfully perform the required effort. UNKNOWN CONFIDENCE - No recent/relevant performance record is available or the offeror’s performance record is so sparse no meaningful confidence assessment rating can be reasonably assigned.

FACTOR 3: MANAGEMENT APPROACH Evaluation Criteria: Proposals will be evaluated for reasonableness, risk, and logic and the extent to which the proposal illustrates a basic understanding of design-build and managing the contract. In performing the evaluation, the Government will consider the following: 1. Whether the proposal clearly delineates lines of authority, and communication with the Government, on the organizational chart (graph) organized in a precise and logical manner, including all offices involved with the management of the contract including the design firm, Subcontractors and Joint Venture partners.

2. Whether the proposal contains comprehensive descriptions of duties, roles, major responsibilities, and authorities for key personnel, including roles of authorities for key subcontractors and joint ventures presented as a logical approach to perform the work throughout the contract,

3. Processes during Design and Construction: The Government will evaluate the integration of the design and construction firms and the staff during design and construction. The constructor must be actively

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involved in the design process, not just leaving it up to the designer. The offeror must have an effective configuration management system to control and track revisions to the design. The Government will evaluate the offeror’s understanding of the design process and the roles of the designers of record and the Government reviewers. The Government will evaluate the role of the designer in maintaining design integrity throughout the process, including its key roles during construction. 4. Planning and Scheduling: The Government will evaluate the offeror’s scheduling capabilities to manage an integrated design-build schedule with phasing requirements. 5. Quality Control: The Government will evaluate the offeror’s capabilities and understanding of the contractually required quality control processes for both design and construction. The Government places value upon continued participation by the designers of record during the construction quality control process. The Government will evaluate the adequacy of the staffing plan to cover all required tasks and responsibilities. The adjectival ratings for FACTOR 3: MANAGEMENT APPROACH are listed and defined below:

OUTSTANDING – Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

GOOD – Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low. ACCEPTABLE – Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate. MARGINAL – Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high. UNACCEPTABLE – Proposal does not meet requirements and contains one or more deficiencies. Proposal is unawardable.

FACTOR 4 – PRICE Price will be evaluated independently. The specific evaluation process is described below. In accordance with FAR 52.217-5 Evaluation of Options: Price will be evaluated based on the total sum of the base bid and any optional bid items.

The Offeror’s Price Offer will be evaluated as stated below. The evaluation will not be assigned an adjectival rating, but it will be evaluated for completeness and reasonableness as follows:

Completeness - To be complete, the Offeror shall provide prices for all contract lines items including options. The Government will assess the extent to which the proposed prices comply with the content

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and format requirements set forth in this solicitation.

Reasonableness – The Offeror's proposal is evaluated through price analysis techniques as described in FAR Subpart 15.404-1(b). For Price to be reasonable, the data shall represent a Price that provides best value to the Government when consideration is given to prices in the market (market conditions may be evidenced by other competitive proposals).

a. Price will be individually evaluated to determine completeness and reasonableness for the Total Price (Base and any Optional Items).

b. Price will be evaluated based on the total sum of the base items and any optional items.

c. In order to be considered acceptable, price offers shall contain prices for all of the line items for the base and any optional items.

d. Failure to submit a Pricing Schedule and failure to complete all Line Items may result in the Offeror’s proposal package being rejected by the Government after initial evaluation without further consideration.

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Section 00600 - Representations & Certifications CLAUSES INCORPORATED BY REFERENCE 52.204-8 Annual Representations and Certifications MAR 2012 CLAUSES INCORPORATED BY FULL TEXT 52.000-4103 DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB 0348-0046 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 3152. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or amployee of Congress, or an employee of a member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, orexpects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks “Subawardee,” then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department Transportation, US Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal actin identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., “RFP-DE-90-001.”

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9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503. (See Attachment A-6 below) 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that -- (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to – (i) Those prices, (ii) The intention to submit an offer, or (iii) The methods of factors used to calculate the prices offered: (2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. (b) Each signature on the offer is considered to be a certification by the signatory that the signatory -- (1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or (2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the

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offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization); (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision. (c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. (End of clause) 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that- (i) The Offeror and/or any of its Principals- (A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and (C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and (D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) Principal, for the purposes of this certification, 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). (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. (End of provision) 252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY (JAN 2009) (a) "Definitions." As used in this provision --

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(a) "Government of a terrorist country" includes the state and the government of a terrorist country, as well as any political subdivision, agency, or instrumentality thereof. (2) "Terrorist country" means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly provided support for such acts of international terrorism. As of the date of this provision, terrorist countries subject to this provision include: Cuba, Iran, Sudan, and Syria. (3) "Significant interest" means -- (i) Ownership of or beneficial interest in 5 percent or more of the firm's or subsidiary's securities. Beneficial interest includes holding 5 percent or more of any class of the firm's securities in "nominee shares," "street names," or some other method of holding securities that does not disclose the beneficial owner; (ii) Holding a management position in the firm, such as a director or officer; (iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm; (iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or (v) Holding 50 percent or more of the indebtness of a firm. (b) "Prohibition on award." In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if the government of a terrorist country has a significant interest in the firm or subsidiary or, in the case of a subsidiary, the firm that owns the subsidiary, unless a waiver is granted by the Secretary of Defense. (c) "Disclosure." If the government of a terrorist country has a significant interest in the Offeror or a subsidiary of the Offeror, the Offeror shall disclosure such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also disclose any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary. The disclosure shall include -- (1) Identification of each government holding a significant interest; and (2) A description of the significant interest held by each government. (End of provision)

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Section 00700 - Contract Clauses CLAUSES INCORPORATED BY REFERENCE 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-7 Anti-Kickback Procedures OCT 2010 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal

or Improper Activity JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct APR 2010 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper MAY 2011

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2010

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications AUG 2011

52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 52.215-19 Notification of Ownership Changes OCT 1997 52.215-20 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data OCT 2010

52.215-21 Requirements for Certified Cost or Pricing Data or Information Other Than Certified Cost or Pricing Data--Modifications

OCT 2010

52.215-22 Limitations on Pass-Through Charges--Identification of Subcontract Effort

OCT 2009

52.215-23 Limitations on Pass-Through Charges OCT 2009 52.217-5 Evaluation Of Options JUL 1990 52.222-50 Combating Trafficking in Persons FEB 2009 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving AUG 2011

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 OCT 1995 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-6 Taxes--Foreign Fixed-Price Contracts JUN 2003 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-17 Interest OCT 2010 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration OCT 2003

52.232-38 Submission of Electronic Funds Transfer Information with Offer

MAY 1999

52.233-3 Protest After Award AUG 1996 52.236-2 Differing Site Conditions APR 1984 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.244-6 Subcontracts for Commercial Items DEC 2010 52.245-1 Government Property AUG 2010 52.245-9 Use And Charges AUG 2010

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52.247-63 Preference For U.S. Flag Air Carriers JUN 2003 52.247-64 Preference for Privately Owned U.S. - Flag Commercial

Vessels FEB 2006

52.249-2 Termination For Convenience Of The Government (Fixed-Price)

MAY 2004

52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.215-7000 Pricing Adjustments DEC 1991 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7004 Drug Free Work Force SEP 1988 252.225-7005 Identification Of Expenditures In The United States JUN 2005 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7042 Authorization to Perform APR 2003 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.234-7002 Earned Value Management System MAY 2011 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7008 Contract Prices-Bidding Schedules DEC 1991 252.236-7013 Requirement for Competition Opportunity for American Stell

Producers, Fabricators, and Manufacturers JAN 2009

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Transportation of Supplies by Sea MAY 2002 CLAUSES INCORPORATED BY FULL TEXT 52.000-4106 DEFENSE BASE ACT INSURANCE RATES – LIMITATION – FIXED-PRICE (APRIL 2011) (a) The U.S. Army Corps of Engineers (USACE) has entered into a contract with CNA Insurance to provide all Defense Base Act (DBA) insurance to USACE, C-3 and the 408th CSB contractors and subcontractors at a contracted fixed rate. The fixed rates for this insurance are as follows:

Service $3.50 per $100 of employee remuneration Construction $4.25 per $100 of employee remuneration Security $10.00 per $100 of employee remuneration Aviation $17.00 per $100 of employee remuneration

(b) Bidders/Offerors should compute the total compensation or total payroll, (salary, plus overseas recruitment incentive and post differential, but excludes per diem, housing allowance, travel expenses, temporary quarters allowance, education allowance and other miscellaneous post allowances to include fee or profit) to be paid to employees who will be covered by DBA insurance. Compute the cost of DBA Insurance by utilizing the spaces provided below for the base period and whatever extension there may be thereafter, if applicable. (1) Compensation of Covered Employees: __________________ (Total Payroll Not Total Contract Value) Ex: If total Payroll is $100,000.00 (2) Applicable DBA Rate: ___________________ (Use appropriate Rate) Ex: If a Service, the rate is $3.50/$100 or 3.5%

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(3) Total DBA Cost: _________________ (Amount of DBA Premium) Ex: $100 K multiplied by 4% is $4,000.00 (c) Bidders/Offerors shall include a statement as to whether or not local nationals or third country nationals will be employed on the resultant contract. (d) CNA Insurance is utilizing Rutherfoord International as their managing Broker. The primary POC is the USACE DBA Program Administrator is Nikki Houngmany, (703) 813-6571 [email protected]. The alternate POC is Sara Payne, Senior Vice President, (703) 813-6503 [email protected]. (e) Labor Category/Job Classification Definitions: SERVICE: White-collar” workers providing IT, engineering/consulting services, and restaurant services. Security consultants are included in this category if they are only providing risk assessment services and no form of armed protection. CONSTRUCTION: “Blue-collar” workers providing services such as carpentry, electrical, plumbing, mechanical, concrete/asphalt, de-mining, roofing, landscaping, janitorial, trash removal, Port-a-John/septic cleaning, pest exterminating, auto repair/dismantling, drivers/couriers, and heavy equipment operation and maintenance. Construction site supervisors/managers and life support service providers are included in this category as well as all Unskilled and Manual Labor Day Laborers. * Most work will fall into this category*

SECURITY: Personal Security Detail (PSD) and Static or Convoy Guarding of property or personnel.

AVIATION: Pilot and Crew of any aircraft excluding ground personnel who provide maintenance or services and stay on the ground. End of clause CLAUSES INCORPORATED BY FULL TEXT 52.000-4132 WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT) (APRIL 2011) (a) This Special Contract Requirement supplements FAR Clause 52.228-3 Workers’ Compensation Insurance (Defense Base Act). (b) The contractor agrees to procure Defense Base Act (DBA) insurance pursuant to the terms of the contract between the U.S. Army Corps of Engineers (USACE) and CNA Insurance unless the contractor has a DBA self-insurance program approved by the Department of Labor. Proof of this self-insurance shall be provided to the Contracting Officer. The contractor shall submit proof of a valid DBA Insurance policy with CNA Insurance for the Prime and their Subcontractor’s at every tier prior to performance of the contract. The current rates under the USACE, C3 and 408th CSB contract are as follows:

Service $3.50 per $100 of employee remuneration Construction $4.25 per $100 of employee remuneration Security $10.00 per $100 of employee remuneration Aviation $17.00 per $100 of employee remuneration (c) Labor Category/Job Classification Definitions:

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SERVICE: White-collar” workers providing IT, engineering/consulting services, and restaurant services. Security consultants are included in this category if they are only providing risk assessment services and no form of armed protection. CONSTRUCTION: “Blue-collar” workers providing services such as carpentry, electrical, plumbing, mechanical, concrete/asphalt, de-mining, roofing, landscaping, janitorial, trash removal, Port-a-John/septic cleaning, pest exterminating, auto repair/dismantling, drivers/couriers, and heavy equipment operation and maintenance. Construction site supervisors/managers and life support service providers are included in this category as well as all Unskilled and Manual Labor Day Laborers.

SECURITY: Personal Security Detail (PSD) and Static or Convoy Guarding of property or personnel.

AVIATION: Pilot and Crew of any aircraft excluding ground personnel who provide maintenance or services and stay on the ground. NOTE: More than one rate may be applicable as more than one type of labor may be applicable for a particular contract. (d) The contractor agrees to insert a Special Contract Requirement substantially the same as this one in all subcontracts (at every tier) to which DBA is applicable. Every subcontractor shall procure its own DBA Insurance coverage directly from CNA Insurance Co. (e) Should the rates for DBA insurance coverage increase or decrease during the performance of this contract, USACE shall modify the contract accordingly. However, the revised rates will not be applicable until the Contractor’s or Subcontractor’s DBA Insurance policy is due to be renewed. (f) CNA’s Broker (Rutherfoord International) shall provide proof of confirmation of coverage within 3 working days of receipt of a complete insurance application. This confirmation should be used by the Contracting Officer to issue notice to proceed with performance. (g) Premiums will be reimbursed only if coverage is purchased through the USACE mandatory requirements DBA contract administered by CNA Insurance and their Managing Broker, Rutherfoord International. (h) Claims Reporting - The Contractor shall make timely Defense Base Act insurance claims on behalf of each employee who is injured or killed in the course of their employment under this contract, and shall ensure that similar language is in each Subcontractor’s contract. The Contractor’s Safety Officer shall, in addition to any other duties required to be performed under the contract, perform the following: (i) Make timely Defense Base Act insurance claims on behalf of each employee who is injured or killed in the course of their employment under this contract; and (ii) Make monthly written reports to the Contracting Officer, Administrative Contracting Officer, and the District/Center Safety and Occupational Health Manager, providing the names of each such injured or deceased employee, the circumstances surrounding each injury or death, the dates of each injury or death, the date the insurance claim was made on behalf of each employee, and the current status of each claim. The District/Center Safety and Occupational Health Manager POC is:

Commander U.S. Army Corps of Engineers Europe District ATTN: CENAU-SO Mr. Jonathan A. Bach, Safety Officer CMR-410, BOX 15 APO AE 09049-0015 Telephone: (49) (0)611 9744-2477 E-mail: [email protected]

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DSN: 314-570-2477 (i) The Insurance carrier/Broker will conduct periodic audits of actual contractor payroll amounts. When a return is due for over-payment of premium on a specific audit, such returned premium shall be returned to the U.S. Department of Treasury. (j) Failure to comply and purchase Defense Base Act (DBA) Insurance in accordance with FAR Clauses 52.228-3 Workers’ Compensation Insurance (Defense Base Act), from the U.S. Army Corps of Engineers mandatory Insurance Carrier/Broker (CNA Insurance/Rutherfoord International) for the Prime and all of the Subcontractors at every tier, shall be considered a material breach and could cause your contract to be terminated for default/cause. End of clause CLAUSES INCORPORATED BY FULL TEXT 52.000-4133 WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT) – COUNTRIES WITH

WAIVERS (AUGUST 2011)

(a) This clause supplements FAR Clause 52.228-3. The Department of Labor has waived application of the Defense Base Act for performance of work by employees other than U.S. citizens and employees recruited in the U.S. in the following countries: American Samoa, Bahama Island, Belgium, Botswana, El Salvador,France, Germany, Honduras, Israel, Italy, Japan, Kazakhstan, Oman, Qatar, Saudi Arabia, South America, South Korea, Spain, Territory of Guam, The Republic of Uzbekistan, The Russian Federation, Turkey, United Arab Emirates. Accordingly, this clause applies to work performed by U.S. citizens, employees recruited in the U.S. and also to work by any employee performed outside a country for which a Defense Base Act waiver is not in place.

(b) The contractor agrees to procure Defense Base Act (DBA) insurance pursuant to the terms of

the contract between the U.S. Army Corps of Engineers (USACE) and CNA/Continental Insurance Company unless the contractor has a DBA self-insurance program approved by the Department of Labor. The contractor shall submit a copy of the Department of Labor’s approval to the contracting officer upon contract award. The current rates under the USACE, C3 and 408th CSB contract are as follows:

Service $3.50 per $100 of employee remuneration

Construction $4.25 per $100 of employee remuneration Security $10.00 per $100 of employee remuneration Aviation $17.00 per $100 of employee remuneration

(c) The contractor agrees to insert a clause substantially the same as the one in all subcontracts to

which DBA is applicable. Subcontractors shall be required to insert a similar clause in any of their subcontracts subject to the DBA.

End of Clause CLAUSES INCORPORATED BY FULL TEXT

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52.203-3 GRATUITIES (APR 1984) (a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative-- (1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and (2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract. (b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction. (c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled-- (1) To pursue the same remedies as in a breach of the contract; and (2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.) (d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. (End of clause) CLAUSES INCORPORATED BY FULL TEXT 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2012) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is [insert NAICS code]. (2) The small business size standard is [insert size standard]. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies. (2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA 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.

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( ) 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 ORCA 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. (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 clause at 52.204-7, Central Contractor Registration. (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. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010. (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) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities). (viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. (ix) 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. (x) 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. (xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

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(xii) 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. (xiii) 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. (xiv) 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. (xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items. (xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1. (xvii) 52.225-4, Buy American Act--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 $77,494, the provision with its Alternate II applies. (D) If the acquisition value is $77,494 or more but is less than $100,000, the provision with its Alternate III applies. (xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5. (xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations. (xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran--Representation and Certification. This provision applies to all solicitations. (xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to-- (A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and (B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns. (2) The following certifications are applicable as indicated by the Contracting Officer: (Contracting Officer check as appropriate.) (i) 52.219-22, Small Disadvantaged Business Status. (A) Basic.

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(B) Alternate I. (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products. (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification. (iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services–Certification. (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only). (vi) 52.227-6, Royalty Information. (A) Basic. (B) Alternate I. (vii) 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 Online Representations and Certifications Application (ORCA) website accessed through https://www.acquisition.gov. After reviewing the ORCA 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 ORCA.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a FIRM FIXED PRICE contract resulting from this solicitation.

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(End of provision) 52.228-1 BID GUARANTEE (SEP 1996) (a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid. (b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.- (c) The amount of the bid guarantee shall be _10_ percent of the bid price or $2,000,000.00, whichever is less.- (d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.- (e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference. (End of provision) 52.232-18 AVAILABILITY OF FUNDS (APR 1984) Funds are not presently available for this contract. The Government's 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) 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008) Notwithstanding any other payment terms in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer. Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (a)(3) concerning payments due on Saturdays, Sundays, and legal holidays.)

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(a) Invoice payments--(1) Types of invoice payments. For purposes of this clause, there are several types of invoice payments that may occur under this contract, as follows: (i) Progress payments, if provided for elsewhere in this contract, based on Contracting Officer approval of the estimated amount and value of work or services performed, including payments for reaching milestones in any project. (A) The due date for making such payments is 14 days after the designated billing office receives a proper payment request. If the designated billing office fails to annotate the payment request with the actual date of receipt at the time of receipt, the payment due date is the 14th day after the date of the Contractor's payment request, provided the designated billing office receives a proper payment request and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements. (B) The due date for payment of any amounts retained by the Contracting Officer in accordance with the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, is as specified in the contract or, if not specified, 30 days after approval by the Contracting Officer for release to the Contractor. (ii) Final payments based on completion and acceptance of all work and presentation of release of all claims against the Government arising by virtue of the contract, and payments for partial deliveries that have been accepted by the Government (e.g., each separate building, public work, or other division of the contract for which the price is stated separately in the contract). (A) The due date for making such payments is the later of the following two events: (1) The 30th day after the designated billing office receives a proper invoice from the Contractor. (2) The 30th day after Government acceptance of the work or services completed by the Contractor. For a final invoice when the payment amount is subject to contract settlement actions (e.g., release of claims), acceptance is deemed to occur on the effective date of the contract settlement. (B) If the designated billing office fails to annotate the invoice with the date of actual receipt at the time of receipt, the invoice payment due date is the 30th day after the date of the Contractor's invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements. (2) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraphs (a)(2)(i) through (a)(2)(xi) of this clause. If the invoice does not comply with these requirements, the designated billing office must return it within 7 days after receipt, with the reasons why it is not a proper invoice. When computing any interest penalty owed the Contractor, the Government will take into account if the Government notifies the Contractor of an improper invoice in an untimely manner. (i) Name and address of the Contractor. (ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of mailing or transmission.) (iii) Contract number or other authorization for work or services performed (including order number and contract line item number). (iv) Description of work or services performed. (v) Delivery and payment terms (e.g., discount for prompt payment terms).

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(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). (vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice. (viii) For payments described in paragraph (a)(1)(i) of this clause, substantiation of the amounts requested and certification in accordance with the requirements of the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts. (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (xi) Any other information or documentation required by the contract. (3) Interest penalty. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(3)(i) through (a)(3)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the following working day without incurring a late payment interest penalty. (i) The designated billing office received a proper invoice. (ii) The Government processed a receiving report or other Government documentation authorizing payment and there was no disagreement over quantity, quality, Contractor compliance with any contract term or condition, or requested progress payment amount. (iii) In the case of a final invoice for any balance of funds due the Contractor for work or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor. (4) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR part 1315. (i) For the sole purpose of computing an interest penalty that might be due the Contractor for payments described in paragraph (a)(1)(ii) of this clause, Government acceptance or approval is deemed to occur constructively on the 7th day after the Contractor has completed the work or services in accordance with the terms and conditions of the contract. If actual acceptance or approval occurs within the constructive acceptance or approval period, the Government will base the determination of an interest penalty on the actual date of acceptance or approval. Constructive acceptance or constructive approval requirements do not apply if there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. These requirements also do not compel Government officials to accept work or services, approve Contractor estimates, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

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(ii) The prompt payment regulations at 5 CFR 1315.10(c) do not require the Government to pay interest penalties if payment delays are due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the Contractor shall resolve claims involving disputes, and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes. (5) Discounts for prompt payment. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at 5 CFR part 1315. (6) Additional interest penalty. (i) The designated payment office will pay a penalty amount, calculated in accordance with the prompt payment regulations at 5 CFR part 1315 in addition to the interest penalty amount only if-- (A) The Government owes an interest penalty of $1 or more; (B) The designated payment office does not pay the interest penalty within 10 days after the date the invoice amount is paid; and (C) The Contractor makes a written demand to the designated payment office for additional penalty payment, in accordance with paragraph (a)(6)(ii) of this clause, postmarked not later than 40 days after the date the invoice amount is paid. (ii)(A) The Contractor shall support written demands for additional penalty payments with the following data. The Government will not request any additional data. The Contractor shall-- (1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment interest penalty and such additional penalty as may be required; (2) Attach a copy of the invoice on which the unpaid late payment interest was due; and (3) State that payment of the principal has been received, including the date of receipt. (B) If there is no postmark or the postmark is illegible-- (1) The designated payment office that receives the demand will annotate it with the date of receipt provided the demand is received on or before the 40th day after payment was made; or (2) If the designated payment office fails to make the required annotation, the Government will determine the demand's validity based on the date the Contractor has placed on the demand, provided such date is no later than the 40th day after payment was made. (b) Contract financing payments. If this contract provides for contract financing, the Government will make contract financing payments in accordance with the applicable contract financing clause. (c) Subcontract clause requirements. The Contractor shall include in each subcontract for property or services (including a material supplier) for the purpose of performing this contract the following: (1) Prompt payment for subcontractors. A payment clause that obligates the Contractor to pay the subcontractor for satisfactory performance under its subcontract not later than 7 days from receipt of payment out of such amounts as are paid to the Contractor under this contract.

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(2) Interest for subcontractors. An interest penalty clause that obligates the Contractor to pay to the subcontractor an interest penalty for each payment not made in accordance with the payment clause-- (i) For the period beginning on the day after the required payment date and ending on the date on which payment of the amount due is made; and (ii) Computed at the rate of interest established by the Secretary of the Treasury, and published in the Federal Register, for interest payments under section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) in effect at the time the Contractor accrues the obligation to pay an interest penalty. (3) Subcontractor clause flowdown. A clause requiring each subcontractor to use: (i) Include a payment clause and an interest penalty clause conforming to the standards set forth in paragraphs (c)(1) and (c)(2) of this clause in each of its subcontracts; and (ii) Require each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier. (d) Subcontract clause interpretation. The clauses required by paragraph (c) of this clause shall not be construed to impair the right of the Contractor or a subcontractor at any tier to negotiate, and to include in their subcontract, provisions that-- (1) Retainage permitted. Permit the Contractor or a subcontractor to retain (without cause) a specified percentage of each progress payment otherwise due to a subcontractor for satisfactory performance under the subcontract without incurring any obligation to pay a late payment interest penalty, in accordance with terms and conditions agreed to by the parties to the subcontract, giving such recognition as the parties deem appropriate to the ability of a subcontractor to furnish a performance bond and a payment bond; (2) Withholding permitted. Permit the Contractor or subcontractor to make a determination that part or all of the subcontractor's request for payment may be withheld in accordance with the subcontract agreement; and (3) Withholding requirements. Permit such withholding without incurring any obligation to pay a late payment penalty if-- (i) A notice conforming to the standards of paragraph (g) of this clause previously has been furnished to the subcontractor; and (ii) The Contractor furnishes to the Contracting Officer a copy of any notice issued by a Contractor pursuant to paragraph (d)(3)(i) of this clause. (e) Subcontractor withholding procedures. If a Contractor, after making a request for payment to the Government but before making a payment to a subcontractor for the subcontractor's performance covered by the payment request, discovers that all or a portion of the payment otherwise due such subcontractor is subject to withholding from the subcontractor in accordance with the subcontract agreement, then the Contractor shall-- (1) Subcontractor notice. Furnish to the subcontractor a notice conforming to the standards of paragraph (g) of this clause as soon as practicable upon ascertaining the cause giving rise to a withholding, but prior to the due date for subcontractor payment; (2) Contracting Officer notice. Furnish to the Contracting Officer, as soon as practicable, a copy of the notice furnished to the subcontractor pursuant to paragraph (e)(1) of this clause; (3) Subcontractor progress payment reduction. Reduce the subcontractor's progress payment by an amount not to exceed the amount specified in the notice of withholding furnished under paragraph (e)(1) of this clause;

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(4) Subsequent subcontractor payment. Pay the subcontractor as soon as practicable after the correction of the identified subcontract performance deficiency, and-- (i) Make such payment within-- (A) Seven days after correction of the identified subcontract performance deficiency (unless the funds therefor must be recovered from the Government because of a reduction under paragraph (e)(5)(i)) of this clause; or (B) Seven days after the Contractor recovers such funds from the Government; or (ii) Incur an obligation to pay a late payment interest penalty computed at the rate of interest established by the Secretary of the Treasury, and published in the Federal Register, for interest payments under section 12 of the Contracts Disputes Act of 1978 (41 U.S.C. 611) in effect at the time the Contractor accrues the obligation to pay an interest penalty; (5) Notice to Contracting Officer. Notify the Contracting Officer upon-- (i) Reduction of the amount of any subsequent certified application for payment; or (ii) Payment to the subcontractor of any withheld amounts of a progress payment, specifying-- (A) The amounts withheld under paragraph (e)(1) of this clause; and (B) The dates that such withholding began and ended; and (6) Interest to Government. Be obligated to pay to the Government an amount equal to interest on the withheld payments (computed in the manner provided in 31 U.S.C. 3903(c)(1)), from the 8th day after receipt of the withheld amounts from the Government until-- (i) The day the identified subcontractor performance deficiency is corrected; or (ii) The date that any subsequent payment is reduced under paragraph (e)(5)(i) of this clause. (f) Third-party deficiency reports— (1) Withholding from subcontractor. If a Contractor, after making payment to a first-tier subcontractor, receives from a supplier or subcontractor of the first-tier subcontractor (hereafter referred to as a “second-tier subcontractor”) a written notice in accordance with the Miller Act (40 U.S.C. 3133), asserting a deficiency in such first-tier subcontractor's performance under the contract for which the Contractor may be ultimately liable, and the Contractor determines that all or a portion of future payments otherwise due such first-tier subcontractor is subject to withholding in accordance with the subcontract agreement, the Contractor may, without incurring an obligation to pay an interest penalty under paragraph (e)(6) of this clause-- (i) Furnish to the first-tier subcontractor a notice conforming to the standards of paragraph (g) of this clause as soon as practicable upon making such determination; and (ii) Withhold from the first-tier subcontractor's next available progress payment or payments an amount not to exceed the amount specified in the notice of withholding furnished under paragraph (f)(1)(i) of this clause. (2) Subsequent payment or interest charge. As soon as practicable, but not later than 7 days after receipt of satisfactory written notification that the identified subcontract performance deficiency has been corrected, the Contractor shall--

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(i) Pay the amount withheld under paragraph (f)(1)(ii) of this clause to such first-tier subcontractor; or (ii) Incur an obligation to pay a late payment interest penalty to such first-tier subcontractor computed at the rate of interest established by the Secretary of the Treasury, and published in the Federal Register, for interest payments under section 12 of the Contracts DisputesAct of 1978 (41 U.S.C. 611) in effect at the time the Contractor accrues the obligation to pay an interest penalty. (g) Written notice of subcontractor withholding. The Contractor shall issue a written notice of any withholding to a subcontractor (with a copy furnished to the Contracting Officer), specifying-- (1) The amount to be withheld; (2) The specific causes for the withholding under the terms of the subcontract; and (3) The remedial actions to be taken by the subcontractor in order to receive payment of the amounts withheld. (h) Subcontractor payment entitlement. The Contractor may not request payment from the Government of any amount withheld or retained in accordance with paragraph (d) of this clause until such time as the Contractor has determined and certified to the Contracting Officer that the subcontractor is entitled to the payment of such amount. (i) Prime-subcontractor disputes. A dispute between the Contractor and subcontractor relating to the amount or entitlement of a subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract pursuant to paragraph (c) of this clause does not constitute a dispute to which the Government is a party. The Government may not be interpleaded in any judicial or administrative proceeding involving such a dispute. (j) Preservation of prime-subcontractor rights. Except as provided in paragraph (i) of this clause, this clause shall not limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or a subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or nonperformance by a subcontractor. (k) Non-recourse for prime contractor interest penalty. The Contractor's obligation to pay an interest penalty to a subcontractor pursuant to the clauses included in a subcontract under paragraph (c) of this clause shall not be construed to be an obligation of the Government for such interest penalty. A cost-reimbursement claim may not include any amount for reimbursement of such interest penalty. (l) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-- (1) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-- (i) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (ii) Affected contract number and delivery order number if applicable; (iii) Affected contract line item or subline item, if applicable; and (iv) Contractor point of contact. (2) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

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(End of clause) 52.233-1 DISPUTES. (JUL 2002) (a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). (b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. (c) Claim, as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2)(i) The contractors shall provide the certification specified in subparagraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000. (ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor. (3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim. (e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. (f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. (g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative disput resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the request. (h) The Government shall pay interest on the amount found due and unpaid from (1) the date the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is

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later, until the date of payment. With regard to claims having defective certifications, as defined in (FAR) 48 CFR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. (i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer. (End of clause) 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 US Army Corps of Engineers, Europe District ATTN: CENAU-CT, Contracting Officer Konrad-Adenauer-Ring 39 65187 Wiesbaden, Germany (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) 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) United States law will apply to resolve any claim of breach of this contract. (End of clause) 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 are urged and expected to inspect the site where the work will be performed. (b) An organized site visit has been scheduled for-- Tuesday 22 May 2012 (c) Participants will meet at 0930 hours at— Housing Office, Bldg 6516 Storck Barracks 91471, Illesheim, Germany

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The POC for the site visit is Mr. Darren Walls, Project Manager, at [email protected] or tel: 011-49-611-9744-2559. Please e-mail Mr. Walls in regard to the site visit, all other correspondence must be directed to the Contracting Officer. All attendees must provide the following information in one consolidated email in lieu of multiple emails to Mr. Walls via email at [email protected] no later than Thursday, 17 May 2012.

1. Full name of attendee. 2. Nationality 3. Date of Birth 4. Copy of Passport/Ausweis 5. If applicable, Current PGCC (Fuhrungszeugnis) – Germany Police Good Conduct Certificate. 6. Name of company the attendee is affiliated with (if a subcontractor, provide your company and the prime

company name). 7. Vehicle Type and Plate Number

Expenses for the site visit will NOT be reimbursed by the Government. All contractors are urged to be present at the site visit. All questions occurring at or resulting from the site visit must be provided by contractors in writing to the Contracting Officer no later than five (5) calendar days after the site visit for inclusion in an amendment, if necessary. (End of provision) 52.243-4 CHANGES (JUN 2007) (a) The Contracting Officer may, at any time, without notice to the sureties, if any, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract, including changes-- (1) In the specifications (including drawings and designs); (2) In the method or manner of performance of the work; (3) In the Government-furnished property or services; or (4) Directing acceleration in the performance of the work. (b) Any other written or oral order (which, as used in this paragraph (b), includes direction, instruction, interpretation, or determination) from the Contracting Officer that causes a change shall be treated as a change order under this clause; provided, that the Contractor gives the Contracting Officer written notice stating (1) the date, circumstances, and source of the order and (2) that the Contractor regards the order as a change order. (c) Except as provided in this clause, no order, statement, or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment. (d) If any change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any such order, the Contracting Officer shall make an equitable adjustment and modify the contract in writing. However, except for an

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adjustment based on defective specifications, no adjustment for any change under paragraph (b) of this clause shall be made for any costs incurred more than 20 days before the Contractor gives written notice as required. In the case of defective specifications for which the Government is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications. (e) The Contractor must assert its right to an adjustment under this clause within 30 days after (1) receipt of a written change order under paragraph (a) of this clause or (2) the furnishing of a written notice under paragraph (b) of this clause, by submitting to the Contracting Officer a written statement describing the general nature and amount of the proposal, unless this period is extended by the Government. The statement of proposal for adjustment may be included in the notice under paragraph (b) above. (f) No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this contract. (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): www.farsite.hill.af.mil http://www.arnet.gov/far/ www.acqnet.gov (End of clause) 252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY (JAN 2009) (a) "Definitions." As used in this provision -- (a) "Government of a terrorist country" includes the state and the government of a terrorist country, as well as any political subdivision, agency, or instrumentality thereof. (2) "Terrorist country" means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly provided support for such acts of international terrorism. As of the date of this provision, terrorist countries subject to this provision include: Cuba, Iran, Sudan, and Syria. (3) "Significant interest" means -- (i) Ownership of or beneficial interest in 5 percent or more of the firm's or subsidiary's securities. Beneficial interest includes holding 5 percent or more of any class of the firm's securities in "nominee shares," "street names,"

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or some other method of holding securities that does not disclose the beneficial owner; (ii) Holding a management position in the firm, such as a director or officer; (iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm; (iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or (v) Holding 50 percent or more of the indebtness of a firm. (b) "Prohibition on award." In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if the government of a terrorist country has a significant interest in the firm or subsidiary or, in the case of a subsidiary, the firm that owns the subsidiary, unless a waiver is granted by the Secretary of Defense. (c) "Disclosure." If the government of a terrorist country has a significant interest in the Offeror or a subsidiary of the Offeror, the Offeror shall disclosure such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also disclose any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary. The disclosure shall include -- (1) Identification of each government holding a significant interest; and (2) A description of the significant interest held by each government. (End of provision) 252.222-7002 COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS) (JUN 1997) (a) The Contractor shall comply with all— (1) Local laws, regulations, and labor union agreements governing work hours; and (2) Labor regulations including collective bargaining agreements, workers' compensation, working conditions, fringe benefits, and labor standards or labor contract matters. (b) The Contractor indemnifies and holds harmless the United States Government from all claims arising out of the requirements of this clause. This indemnity includes the Contractor's obligation to handle and settle, without cost to the United States Government, any claims or litigation concerning allegations that the Contractor or the United States Government, or both, have not fully complied with local labor laws or regulations relating to the performance of work required by this contract. (c) Notwithstanding paragraph (b) of this clause, consistent with paragraphs 31.205-15(a) and 31.205-47(d) of the Federal Acquisition Regulation, the Contractor will be reimbursed for the costs of all fines, penalties, and reasonable litigation expenses incurred as a result of compliance with specific contract terms and conditions or written instructions from the Contracting officer. (End of clause)

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252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (MAR 2006) (a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas. (b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall-- (1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity; (2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality; (3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and (4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel. (c) The requirements of this clause do not apply to any subcontractor that is-- (1) A foreign government; (2) A representative of a foreign government; or (3) A foreign corporation wholly owned by a foreign government. (d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from http://www.acq.osd.mil/dpap/dars/dfars/html/r20080303/225_74.htm (End of clause) 252.229-7001 TAX RELIEF (JUN 1997) (a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price: NAME OF TAX: (Offeror Insert) RATE (PERCENTAGE): (Offeror Insert) (b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged. (c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a

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factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract. (End of clause) 252.233-7001 CHOICE OF LAW (OVERSEAS) (JUNE 1997) This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the Contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Armed Services Board of Contract Appeals and the United States Court of Federal Claims for hearing and determination of any and all disputes that may arise under the Disputes clause of this contract. (End of clause) 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) SPECIAL ALLOWABLE ACTIVITIES

Allowable Work Hours: The allowable working hours are from 0800-1630, Monday through Friday. Work on holidays and outside of these hours shall not be performed without prior approval from the Contracting Officer. Office hours for coordination with Government representatives are from 0730-1600 hours, except U.S. holidays.

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Section 00800 - Special Contract Requirements CLAUSES INCORPORATED BY REFERENCE 52.204-7 Central Contractor Registration FEB 2012 52.211-10 Commencement, Prosecution, and Completion of Work APR 1984 52.211-13 Time Extensions SEP 2000 52.222-50 Combating Trafficking in Persons FEB 2009 52.228-3 Worker's Compensation Insurance (Defense Base Act) APR 1984 52.236-1 Performance of Work by the Contractor 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 Improvements APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-12 Cleaning Up APR 1984 52.236-14 Availability and Use of Utility Services APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.248-3 Value Engineering-Construction OCT 2010 52.249-10 Default (Fixed-Price Construction) APR 1984 252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials APR 1993

252.225-7045 Balance of Payments Program--Construction Material Under Trade Agreements

JAN 2012

252.227-7022 Government Rights (Unlimited) MAR 1979 252.227-7033 Rights in Shop Drawings APR 1966 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.246-7002 Warranty of Construction (Germany) JUN 1997 CLAUSES INCORPORATED BY FULL TEXT 52.000-4023 UNAUTHORIZED SERVICE The Contractor shall not undertake any action that will increase the price of this contract without the written approval of the Contracting Officer. Any such unauthorized action taken by the Contractor or any Contractor employee, which might be construed to be approved by the U.S. Government, shall be the responsibility of the Contractor and shall be resolved by the Contractor at no expense or embarrassment to the U.S. Government. Third-party claims resulting from such unauthorized actions shall also be resolved by the Contractor without expense or embarrassment to the U.S. Government. End of Clause 52.000-4038 ENGLISH SPEAKING REPRESENTATIVE (AUG 1993)

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At all times when any performance of the work at the site is being conducted by any member of the Contractor or its subcontractors, the Contractor shall have a representative present on the site who is capable of explaining the work operations and receiving instructions in the English language. The Contracting Officer shall have the right to determine, without appeal of such decision, whether the proposed representative has sufficient technical and linguistic capabilities, and the Contractor shall immediately replace any individual not acceptable to the Contracting Officer. End of Clause 52.000-4112 SAFETY REQUIREMENTS (Construction) In addition to complying with FAR Clause 52-236-13, Accident Prevention, the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, dated 03 Nov 2003, and Specification Section 01525, the contractor shall comply with the requirements of European Union Council Directive 92/57/EEC and Host Nation-specific implementation of the Directive. A Site Safety and Health Protection Plan was generated by the Designer of Record and provided as part of the final design submittal and solicitation. The contractor shall appoint a third party safety coordinator who will ensure site safety measures are implemented during construction in accordance with EU Council Directive 92/57/EEC and Specification 01525. The Third Party Safety Coordinator is in addition to, and shall not negate, the requirement in Specification 01525 and EM 385-1-1 (01.A.17) that a Site Safety and Health Officer shall be on-duty at all times when work is being performed. The contractor shall also comply with the applicable portions of the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, dated 03 Nov 2003, and all changes and amendments thereto, and the applicable portions of the latest OSHA Standards for the work covered in this contract. End of Clause 52.204-4001 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (OCT 2000) (a) The offeror shall provide a valid DUNS number in accordance with paragraph (a) of FAR clause 52.204-6, "Data Universal Numbering System (DUNS) Number," contained in this solicitation. Offerors are cautioned that an award cannot be made to an offeror not having a valid DUNS number. (b) Offerors located within the United States shall follow the procedures provided in paragraph (b) of FAR clause 52.204-6, "Data Universal Numbering System (DUNS) Number," contained in this solicitation. (c) Offerors located outside the United States must obtain a DUNS number from D&B at http://fedgov.dnb.com/webform/index.jsp . (End of clause) 52.204-4002 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE (OCT 2000) (a) The offeror shall provide a valid CAGE code in accordance with paragraph (a) of DFARS clause 252.204-7001, "Commercial and Government Entity (CAGE) Code Reporting," contained in this solicitation. Offerors are cautioned that an award cannot be made to an offeror not having a valid CAGE code. (b) If an offeror does not have a CAGE code, they shall disregard the instructions in paragraph (b) of DFARS clause 252.204-7001. The following guidance hereby supercedes the instructions provided in referenced DFARS clause:

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(1) Offerors located within the United States will be provided a CAGE code automatically by Defense Logistics Agency (DLA) after successfully registering in the Central Contractor Registration (CCR) database at www.ccr.gov (see DFARS clause 252.204-7003, "Required Central Contractor Registration"). (2) Offerors located outside of the United States must obtain a NATO CAGE code directly from the Codification Bureau in their respective country prior to registering in CCR at www.ccr.gov . A complete listing of all such Bureaus may be obtained via the Internet at http://www.nato.int/structur/AC/135/main/links/contacts.htm. (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: 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. 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)