The URL can be used to link to this page

Home My WebLink AboutLouden Tribal Council Subcontract AgreementSTATEMENT AND ACKNOWLEDGMENT OMS No.: 9000..0014 Expires: 6/30/2014 Public reporting burden for this collection of information is estimated to average 30 minutes per response, including the 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 this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the FAR Secreta1iat, (VIR), Regulatory and Federal Assistance Division, GSA, Washington, DC 20405; and to the Office of Management and Budget, Paperwork Reduction Project (9000-0014), Washington, DC 20503. PART I· STATEMENT OF PRIME CONTRACTOR 1. PRIME CONTRACT NO. 2. DATE SUBCONTRACT 3. SUBCONTRACT NUMBER AWARDED FA8903-08-D-8769 07/02/2012 948797 4. PRIME CONTRACTOR 5. SUBCONTRACTOR a. NAME a. NAME CH2M HILL, INC LOUDEN TRIBAL COUNCIL b. STREET ADDRESS b. STREET ADDRESS 949 E 36TH AVENUE SUITE 500 PO BOX244 c. CITY r· STATE ~~·ZIP CODE c. CITY ,d. STATE r ZIP CODE ANCHORAGE AK 99508 GALENA AK 99741 6. The pnme contract [gJ does, 0 does not contam the clause entitled "Contract Wor.k Hours and Safety Standards Act - Overtime Compensation." 7. The prime contractor states that under the contract shown in Item 1, a subcontract was awarded on the date shown in Item 2 to the subcontractor identified in item 5 by the following firm: a. NAME OF AWARDING FIRM CH2M HILL b. DESCRIPTION OF WORK BY SUBCONTRACTOR REMEDIAL INVESTIGATION AND SYSTEM EVALUATION AT THE FORMER GALENA FORWARD OPERATING LOCATION ALASKA The work includes removing the remaining trees that were previously cut in the fall 2011 from the 9-acre parcel adjacent to the Campion airstrip landfarm site. The SUBCONTRACTOR shall provide all equipment, construction materials, and labor to complete the Scope of Work. 8. PROJECT 9.LOCATION Remedial investigation & system evaluation Former Galena Forward Operating Location, Alaska 10a. NAME OF PERSON SIGNING Stephanie Christie 11. BY (Signature) 12. DATE SIGNED 10b. TITLE OF PERSON SIGNING Contracts Administrator PART II ·ACKNOWLEDGMENT OF SUBCONTRACTOR 13. The subcontractor acknowledges that the following clauses of the contract shown in Item 1 are included in this subcontract: Contract Work Hours and Safety Davis-Bacon Act Standards Act -Overtime Apprentices and Trainees Compensation -(If included in prime contract see Block 6) Compliance with Copeland Act Requirements Payrolls and Basic Records Subcontracts (Labor Stcmdards) Withholding of Funds Contract Termination-Debarment Disputes Cone~~ming Labor Standards Certification of Eligibility Compliance with Davis-Bacon and Related Act Regulations 14. NAME($) OF ANY INTERMEDIATE SUBCONTRACTORS, IF ANY A Louden Tribal Council c 8 D 15a. NAME OF PERSON SIGNING 16. BY (Signature) 17. DATE SIGNED March Runner ~/tAJJ~ ~.-;A-Ilk} 15b. TITLE OF PERSON SIGNING a '-/ z_ 1-. ?t':"'/ Tribal Administrator AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION IS NOT USABLE STANDARD FORM 1413 (REV. moos) Prescribed by GSAIFAR (48 CFR) 53.222(e) !!=J'bhate :illassocJates SUBCONTRACT AGREEMENT Subcontract 9120008-00 I Project 9120008 THIS AGREEMENT, effective this 20th day ·of January 2012. entered into by and between Bhate Environmental Associates, Inc. a corporation organized and existing under the laws of the State of Tennessee (hereinafter referred to as the Company or Bhate), and Louden Tribal Council (hereinafter referred to as the Subcontractor). WITNESS THAT WHEREAS, Company has entered into a Contract Number FA8903-10-D-8594 Task Order Number~ with Air Force Center for Engineering and the Environment. Lackland and, WHEREAS, the Company wishes to retain the Subcontractor to perform a certain portion of the work required by the Client Contract and, WHEREAS, the Subcontractor is willing to undertake the performance of such work in accordance with the terms and conditions hereinafter set forth, NOW THEREFORE the parties hereby agree as follows: ARTICLE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. The Work Subcontract Documents Subcontract Time Subcontract Price Payment Provisions Communications Risk Allocation Subcontractor Responsibilities Work by Others Company Responsibilities and Authority Changes and Claims Warranty and Guarantee Suspension and Termination Miscellaneous Provisions ARTICLE 1 -THE WORK 1 1 2 2 2 3 3 4 5 5 6 6 7 8 1.1 The Subcontractor shall provide all labor, materials, tools, equipment, machinery, and other items and services necessary to properly perform the work as set forth in Appendix C, Statement of Work, (hereinafter referred to as the Work), at the location or locations specified therein. The work shall be performed on a Firm Fixed Price Basis as shown in Appendix C. 1.2 The Work shall be carried out in accordance with the Subcontract Documents in a diligent and workmanlike manner utilizing qualified personnel and good and sufficient materials and equipment. ARTICLE 2 -SUBCONTRACT DOCUMENTS 2.1 Documents: The documents listed in 2.2.1 through 2.2.6 together with any modifications issued in accordance with Article 11 of this Agreement constitute the Subcontract Documents of this Agreement. Where the Subcontractor's Proposal is attached as part of the Statement of Work, it is attached for a description of the work and detailed information concerning the cost of the Work ~s set forth in Article 4.1 of the Agreement only. Any terms, conditions, or assumptions set forth in Page 1 -------------- Sbhate ~aS~OCiatt::s: Subcontract 9120008-001 Project 9120008 the Subcontractor's Proposal, not specifically incorporated into these Subcontract Documents, are void. Any preprinted terms and conditions on any forms subsequently used by either Party in the administration of this Agreement shall be void and shall not act to supplement, modify or replace the terms and conditions of this Agreement as set forth in the Contract Documents 2.2 Precedence: In the event of any conflict or inconsistency between any of the Contract Documents, the following order of precedence shall prevail: 2.2.1 Appendix B -Client Requirements 2.2.2 This Subcontract Agreement 2.2.3 Appendix C -Statement of Work I Subcontractor Proposal 2.2.4 Appendix D -Service Contract Act Wage Determination 2.2.5 Appendix E-Minimum Safety Requirements 2.2.6 Appendix A-Special Provisions 2.3 Client Contract: Where the Client Contract or portions thereof are attached at Appendix B, the Subcontractor agrees to be bound to the Company in the same manner and to the same extent as the Company is bound to the Client with respect to those provisions, to the extent the provisions at Appendix B are applicable to the Work to be provided under this Agreement. ARTICLE 3 -SUBCONTRACT TIME 3.1 Schedule: The Subcontractor shall accomplish the work called for in the Statement of Work. Work shall begin not earlier than the effective date of this Agreement, and shall be completed by July 8th. 2013. 3.2 Delays: Neither Party shall be liable to the other for delays or failure to perform caused directly or indirectly by circumstances beyond that Party's control, including but not limited to, acts of God, fire, flood, war, sabotage, accident, labor dispute, shortage, government action including regulatory requirements, changed conditions, delays resulting from actions or inactions of Client, Owner or third parties, site inaccessibility or inability of others to obtain material, labor, equipment, or transportation, provided, and only to the extent, such delays are not the result of the negligence of the party claiming the delay. Should any of the above occur, then the date for Completion or any other milestone date shall be adjusted for such delay in accordance with Article 12, provided where the Subcontractor is claiming delay, the Subcontractor reports the delay to the Company within a reasonable time of its' discovery. ARTICLE 4 -SUBCONTRACT PRICE 4.1 Consideration: In consideration for undertaking this Work, the Company shall pay to the Subcontractor an amount $52.566.72, in payments as determined allowable by the Company in accordance with the payment provisions of the Subcontract Documents. ARTICLE 5-PAYMENT PROVISIONS 5.1 Payment: Payments will be made in accordance with the Appendix A to this agreement tor equipment, supplies and services received and accepted in accordance with the terms and conditions of this Agreement. Invoices shall be prepared and submitted to the Company in the manner and format specified in Article 5.2 and other applicable provisions of the Subcontract Documents. Payment shall be made within 14 days of receipt of payment from Prime Contractor to Bhate. 5.2 Invoicing Instructions: The Subcontractor will submit invoices in accordance with the Client Contract and with at least the following information: All invoices must clearly indicate the name and address of the Subcontractor, the invoice date, Agreement number, name and address of Subcontractor official to whom payment is to be sent, description of services performed and costs Page2 ~bhate ~assoctates Subcontract 9120008-00 I Project 9120008 related thereto completed under this Agreement. Each copy of the invoice shall contain thE~ following certification signed by an appropriate person of Subcontractor's organization: "/certify that all expenditures reported (or payments requested) are for appropriate purposes; are correct and just in accordance with the terms of the Agreement and that payment has not been received." Invoices shall be submitted to the Company in duplicate. Invoices to: Bhate Environmental Associates, Inc. Attn: Accounts Payable 1608 131h Avenue South, Suite 300 Birmingham, AL 35205 5.3 Final Invoice: In accordance with Appendix A, the request for final payment, the Subcontractor shall furnish Waiver and Release Upon Final Payment. Subcontractor is required to submit the final invoice under this Agreement not later than sixty (60) days after completion of the project. Any invoices received after that time will not be paid by the Company. No new claims for additional compensation will be considered after submittal of the final invoice. ARTICLE 6-COMMUNICATIONS 6.1 Agreement Administration: Subcontractor contacts with the Company regarding prices, terms, financial actions, etc., shall be made with the Company's designated Subcontract Administrator. Agreement(s) and/or actions taken by the Subcontractor which by their nature effect a change to this Agreement shall only be binding upon the Company when such agreement or action is specifically authorized in writing by the Company's Subcontract Administrator. All correspondence between the Subcontractor and the Company shall be addressed to the Company's Designated Technical Representative. 6.2 Communications with Client: All of Subcontractor's written or oral communication with or to Client, or with Federal, State, or local agencies relative to work under this Agreement must be through or with the authorization of the Company's Subcontract Administrator. ARTICLE 7 -RISK ALLOCATION 7.1 Insurance: The Subcontractor shall purchase and maintain through the course of the Work such insurance as will protect the Subcontractor, Client and Company from the following claims which may arise out of or result from its operations hereunder (whether by itself, any Subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable): claims under Workmen's Compensation, disability benefit and other similar employee benefit acts; claims for damages because of bodily injury, occupational sickness or disease, or death, of its employees or any other person; claims for damages which are sustained by any person as a result of the actions of the Subcontractor or by any other person under the direct or indirect control of the Subcontractor; and claims for damages because of injury to or destruction of tangible property, including loss of use resulting there from. 7.1.1 Coverage: Minimum insurance requirements are: 7.1.1.1 7.1.1.2 Commercial general liability, broad form, $1,000,000 per occurrence and $2.000.000 aggregate for bodily injury and property damage and shall include broad form contractual liability, completed operations and independent Subcontractor's liability. Commercial automobile liability (owned, non-owned, and hired), $1,000,000 combined single limit each occurrence for bodily injury and property damage. Page 3 7.1.1.3 Subcontract 9120008-001 Project 9120008 Workers' Compensation Insurance with statutory limits, as required by the state in which the work is to be performed, and Employer's Liability Insurance of not less than one million dollars ($1 ,000,000). 7.1.2 Certificates: Prior to beginning Work, Certificates of insurance shall be furnished by th4~ Subcontractor evidencing that the coverage is in effect and will continue to be in effect throughout the performance of the Work and will not be canceled or materially changed until at least thirty (30) days prior written notice has been given to the Company. ThE~ insurance coverage at 7.1.1.1 and 7.1.1.2 above shall name Bhate, their employees, officers, and directors as additional insured with respect to the Work to be provided under this Agreement. The insurance provided by Subcontractor is primary with respect to the interests of the Company and any other insurance acquired or maintained by them .. Company's insurance shall be excess and non-contributory. Subcontractor and insurers agree to waive any and all rights of subrogation against the Company. 7.1.3 Subtier Subcontractors: The Subcontractor agrees to flow down these insurance requirements to all Subtier Subcontractors and Subcontractors that provide any services or work. 7.2 Claims and Liability: The Subcontractor shall be responsible for all damage to life and property due to activities of the Subcontractor, his lower-tier subcontractors, agents or employees, in connection with their service under this Agreement. Lower-tier subcontractors, agents or employees, shall possess the experience, knowledge and character necessary to qualify them individually for the particular duties they perfonn. The Subcontractor shall defend, indemnify, and hold harmless the Client and the Company, and its agents, officers, directors, and employees from and against any and all claims, suit actions, damage and cost of every name and description resulting from the performance of the services of the Subcontractor under this agreement, and such indemnity shall not be limited by reason of any insurance coverage provided. 7.3 Intellectual Property Rights: The Subcontractor warrants that it is not aware of any copyright, patent, trademark, trade secret or other proprietary right that it might infringe upon in providing the work required under this Agreement. The Subcontractor shall indemnify and save the Company harmless from any and all claims, suits, liability, expense or damages for any alleged or actual infringement of any copyright, patent, trademark, trade secret or other proprietary right arising in connection with the work provided by the Subcontractor under this agreement. 7.4 Time of Essence: Company and Subcontractor recognize that time is of the essence with respect to the performance of this Agreement and there is potential for financial loss by Company in the event that the Subcontractor fails to complete the Work within the time specified in article 3.1. Therefore, Subcontractor agrees to pay Company for all expenses arising from the failure to complete the work within the time allocated including, but not limited to, additional Company expenses for engineering services, technical services, inspection, and administration costs; additional costs to other Subcontractors or consultants caused by the delay and charges from the Client, including any liquidated damages for which the Company may be liable to Client resulting from Subcontractor's failure to complete the Work as provided herein and/or breach of this Agreement. ARTICLE 8 -SUBCONTRACTOR'S RESPONSIBILITIES 8.1 Employees of the Subcontractor: The Subcontractor shall be subject to and operate under all applicable Federal and State laws regarding employers' liability, workmen's compensation, Federal social security, and unemployment compensation insurance; and the Subcontractor expressly agrees that it is an independent contractor and its employees engaged in the Work are not and shall not be treated or considered employees of the Company. Page4 ~bhate ~:dfla~~~octatc-~ ----------------- Subcontract 9120008-001 Project 9120008 8.2 Safety: In performing the Work, the Subcontractor shall comply with all applicable laws, ordinances, rules, regulations, and lawful authorities or any public authority having jurisdiction for the safety of persons or property and protect the same from damage, injury, or loss. The Subcontractor shall comply with the Minimum Safety Requirements for Subcontractors, contained in Appendix E. The Subcontractor shall take all reasonable precautions to prevent damage, injury, or loss to all persons performing services hereunder, the Work, all materials and equipment utilized therein, and all other property at the site of the Work and adjacent thereto. The Subcontractor shall erect and maintain, as required by existing conditions and progress of Work, all reasonable safeguards for safety and protection of persons and property, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying appropriate Company and Client personnel on-site as well as adjacent property owners. Any lost-time injuries or accidents involving significant property damage will be reported to Company immediately. The Subcontractor agrees to flow down these insurance requirements to all Subtier Subcontractors and Subcontractors that provide any services or work. 8.3 Proprietary Information: The Subcontractor shall not directly or indirectly or through its employees disclose to any third person or use for the benefit of anyone other than the Client or Company, either during or after the term of this Agreement (or for the period of time stipulated in the applicable data), any secret, confidential or proprietary information of the Client or Company, whether relating to the Work performed hereunder or to the business and affairs of the Client or Company. Such information shall include, without limitation, Client or Company manuals, forms or procedures. Disclosure shall not be made without the prior written consent of the Company unless disclosure is required by law, in which case notification of the request for such information shall be provided to the Company prior to release. Information provided to Company by the Subcontractor and identified in writing as confidential and/or proprietary shall be similarly treated by the Company. 8.4 Publications: The Subcontractor shall not publish or publicly disseminate any information or data derived or obtained from or in connection with any services rendered hereunder, without the prior written consent of the Company. 8.5 Technical Data: All evaluations, reports, records, and other work products produced by the Subcontractor pursuant to this Agreement shall be considered proprietary technical data belonging to the Company and shall be subject to the provisions of Article 8.3. 8.6 Permits and Licenses: Except as specifically othe1wise provided by the Subcontract Documents, the Subcontractor has or will have, prior to the commencement of any Work, all necessary business and professional licenses, permits, and other necess.ary Federal, State, County, Municipal, or other licenses as may be required to enable the Subcontractor to perform the services required hereunder. ARTICLE 9 -WORK BY OTHERS 9.1 Cooperation: Subcontractor will cooperate with Client and Company personnel and subcontractors who may be working on the site. Particular attention should be paid to such matters as safety, use and disruption of utilities, the allocation of storage and workspace, parking, security and general policing of the work site. ARTICLE 10-COMPANY RESPONSIBILITIES AND AUTHORITY 1 0.1 Inspection: The Company, through any authorized representatives, shall have the right at all reasonable times to inspect, or otherwise evaluate the quality or any other aspect of the Work performed or the safety measures employed in the work being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made by the Company on the premises of the Subcontractor or a Subtier Subcontractor, the Subcontractor shall provide, and shall require his Subtier Subcontractors to provide, all reasonable facilities and assistance for Page 5 ~bhate ::::iiiJ a s !> (_") c z .;, t t:-: s.. Subcontract 9120008-001 Project 9120008 the safety and convenience of the Company representatives in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unnecessarily delay the Work. 10.2 Audit: Upon request of the Company, the accounting records, as well as other recordls maintained by the Subcontractor directly related to the performance of the work specified herein, shall be subject, at all reasonable times, to audit by an independent public accounting fiml selected by the Company. In addition, the Company may have such an audit performed at any time within two years following the completion or termination of work specified herein. ARTICLE 11 -CHANGES AND CLAIMS 11.1 Change Authorizations: Company may unilaterally, by written order of the Company's Subcontract Administrator, make changes, revisions, additions, or deletions (collectively hereinafter called "changes") in the Work within the general scope of services provided by the Subcontractor. If any change causes an increase or decrease in the Subcontractor's cost or time for the performance of any part of the Work, whether or not changed by such change authorization, the Company shall make an equitable adjustment in the Subcontract Time and/or Subcontract Price by Subcontract Modification. 11.2 Potential Changes: Subcontractor will, upon knowledge of any potential changes (including actions, inactions, and written or oral communications) that do not conform to the authorized method of directing changes specified above, notify Company within 5 working days, of such changes and request written disposition. 11.3 Changes in Writing: Subcontractor will not proceed with any changes unless notified to proceed in writing by the Company Subcontract Administrator. 11.4 Changes Mandatory: Nothing herein will be construed as relieving Subcontractor of its obligations to perform the Work, including without limitation, the failure of the parties to agree upon Subcontractor entitlement to, or the amount of, any adjustment in time or compensation. If the Work is reduced by changes, such action will not be the basis for a claim based on loss of anticipated profits. 11.5 Claims: Any claim by Subcontractor for an adjustment under this paragraph must be asserted in writing fully supported by factual information to Company within 30 days from the date of receipt by Subcontractor of the written change authorization from Company or within such extension of that 30-day period as Company, in its sole discretion, may grant in writing at Subcontractor's request prior to expiration of said period. ARTICLE 12-WARRANTY AND GUARANTEE 12.1 Responsibility of the Subcontractor, Services: The Subcontractor shall be responsible for the professional quality, technical accuracy, and the coordination of all material produced and other services furnished by the Subcontractor under this Agreement. The Subcontractor shall, without additional compensation, correct, or revise any errors or deficiencies in the Work or services provided, which are discovered within twelve months of Final Completion of the Work. If such deficiencies are not corrected in a timely manner, the Company may cause the same to be corrected and deduct such corrective action costs incurred from monies otherwise due to Subcontractor. Subcontractor shall be liable for any such excess costs and shall reimburse Company within 30 days of receipt of invoice. This warranty and corrective action shall be in addition to any warranty or guarantee specified elsewhere in the Subcontract Documents and shall not limit the application of any other warranty or remedy available under law. 12.2 Responsibility of Subcontractor, Equipment and Supplies: Subcontractor warrants that all items delivered or furnished under this Agreement shall be merchantable, free from defects in Page6 ~bhate :iii~~ a s s. (.} c 1 ('a t c: ~-: Subcontract 9120008-001 Project 9120008 obligations of the parties will be the same as if the notice of termination had been issued pursuant to termination for convenience. (4) Regardless of the cause of termination, the Subcontractor shall make an orderly turn over of the terminated Work to the Company and provide legible copies of all completed or partially completed work products and instruments of service including, but not limited to, laboratory, field, or other notes, log book pages, inspection reports, technical data, computations, and designs. (5) The rights and remedies of Company provided in this Article are not exclusive and are in addition to any other rights and remedies provided by law or equity or under this Agreement. ARTICLE 14-MISCELLANEOUS PROVISIONS 14.1 Subcontract: The Subcontractor shall not further subcontract any Services or Work to be performed under this Agreement, except as specified in the Subcontractors accepted Proposal, without prior written authorization from the Company. Neither this Agreement nor any Subtier Subcontract will create any contractual relationship between any Subtier Subcontractor and Client or Company, nor any liability of Client or Company to any Subtier Subcontractor. 14.2 Assignment: The Subcontractor shall not transfer, assign or hypothecate its interest in this Agreement without the written consent of the company. Any attempted transfer, assignment, or hypothecation without such written consent shall be void and confer no rights upon any third person and shall constitute a default hereunder. 14.3 Third Party Liability: Except as specifically stated in this Agreement, this Agreement does not create any rights or benefits to parties other than Company and the Subcontractor. 14.4 Rights and Remedies: 14.4.1 No failures of or delay by the Company in the exercise of any right under this Agreement shall constitute a waiver thereof, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other such right. The waiver by the Company of any breach of any provision of this Agreement shall not be deemed to be a waiver of any subsequent breach or of any other provision of this Agreement. 14.4.2 Neither the Company's nor the Client's review, approval, nor payment for, any of the services required under this Agreement shall be construed to have operated as a waiver of any rights under this Agreement, or of any cause of action arising out of the performance of this Agreement, and the Subcontractor shall be and remain liable to the Company and the Client for damages caused by the Subcontractor's deficient or negligent performance of any of the Work or services furnished under this Agreement. 14.4.3 The rights and remedies of the Company and the Subcontractor provided for under this Agreement are in addition to any other rights and remedies provided by law. 14.5 Dispute Resolution: Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in Alabama administered by the American Arbitration Association under its Construction Industry Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. During the pendency of any controversy or claim hereunder, the Subcontractor shall proceed diligently with the performance of the Subcontract and in accordance with the direction of the Company. PageS Subcontrac:t 9120CJ01.001 Plqject 9120001 14.8 Appllcablt Law: In the petfon'nance d the work provided by lhft ~ the SUbc:onbactor ahlll comply will au appliclble Federal. State and locld IIWI, I'UIII, end NgUIItionl. Ttlla AQI'IImelltlhall be construed. intefpleled and applied In IICCOidllnce wlh the .. d the ... of Allblma. 14.7 EntiN AgrHment, llociJftcdona. HMdlnp, S.Verulllty: The partielackncYitedOe that Uris Agfeement constitutw the entire Agreement between them and ....... .. prior represenl8ti0nl, warrenaes. tgreemen~a. and ~ oral or_.,. betWeen the part~ea with respect to b IUbject tnllltlr. U,.. stated olhelwlae in lhil .Agleement. lhll .......... may not be modifiect exc:epl in writing ligned by bolh parties. The heactln;a 10 thiS ~ are for convenienCe anCJ 1eference putpOHI onty and 11'1811 not COIIIUlute a part of the .Agreement. If en~ elemtnl of thll ~ is taw held to ViOlate the • or a regulelion, thai element shall be deemed VOid. and all nmalninQ pJ'OIIi8iona lhall continue in foma. 1-4.8 , ........ ConMnt Signed flcainlle end llgned IC8Mid copill Ani Via email d thla Agreement and Ill .tdendums wll legllly bind the p8ltiea to lhe ArM ..-.nt a the origiN~~ docwnenla. Nlme: Tile: o.te: ~ }J214.Zt-Atym01S11l47M- }AN Z"'S 2l,V2,_.. Payment Provisions Addendum: APPENDIX A SPECIAL PROVISIONS Subcontract 9120008-001 Project 9120008 Final Payment will be made only upon receipt of an invoice marked "FINAL" and accompanied by the attached Release form. Option to Extend Agreement: Bhate Environmental Associates, Inc. shall have the right to extend the Agreement Period of Performance by giving the Subcontractor written notice before the end of the Current Agreement Period. APPENDIX A-SPECIAL PROVISIONS Subcontract 9120008-00 I Project 9120008 For Subcontractor to provide to Bhate Environmental Associates, Inc. with FINAL invoice. STATE OF __________________________ _ COUNTY OF------------ KNOW ALL MEN BY THESE PRESENT THAT ___ __!.L~o~ud~e<.Un....!T..!.Jri~bawl~C""o~un!.!.!c~il~-· a corporation of the State of , whose address is------·----------, -------(hereinafter called "Subcontractor"), in consideration of the receipt of the sum and other good and valuable considerations, does hereby release and forever discharge (hereinafter called "Owner"), and Bhate Environmental Associates, Inc. (hereinafter called "'Contractor''), their successors and assigns, of and from any and all actions, causes of actions, debts, dues, accounts, covenants, agreements, judgments, claims and demands of whatsoever nature or character, in contract, tort or otherwise, which said Subcontractor now has or ever has had against either of them, their successors, and assigns, including, but not limited to, any actions, causes of actions, debts, dues, accounts, covenants, agreements, judgments, claims and demands which shall or may arise out of, or be incidental to, payment for Work undertaken or done and/or pursuant to that certain contract entered into by and between Contractor and Subcontractor, as amended and supplemented, for services performed under Subcontract No. 9120008-001. Subcontractor hereby represents and warrants all bills for labor, materials, lands, licenses, and other expenses for which Owner, and/or Contractor might be sued or for which a lien might be filed, have been fully satisfied and paid, and upon receipt of the final payment under said Subcontract, and in consideration thereof, pursuant to and in accordance with the provisions of said Subcontract, Subcontractor hereby covenants and agrees, for himself, his successors and assigns, that he and they, and each of them, shall and will defend and save harmless Owner and Contractor, from and against any and all suits, actions, claims, liens, or demands of laborers, mechanics, materialmen or others relating to payment for Work undertaken or done under and/or pursuant to said Subcontract. Subcontractor further hereby covenants and agrees, for himself, his successors and assigns, that he and they, and each of them, shall and will defend, indemnify and save harmless Contractor from any price or cost reduction effected by Owner, which may result from: (a) cost or pricing data submitted by Subcontractor or its lower tier subcontractors which is not, specifically but without limitation, accurate, current or complete as of the date submitted or certified by Subcontractor; (b) cost or pricing data furnished by Subcontractor that was not complete, accurate or current as certified in the Contractor's Certificate of Current Cost or Pricing Date; or (c) the failure by Subcontractor or its lower tier subcontractors to disclose and consistently follow applicable cost accounting practices and standards or otherwise comply with pertinent sections of the FAR, the applicable agency supplements thereto, if any, and regulations promulgated by the Cost Accounting Standards Board. Subcontractor shall indemnify Contractor for any cost incurred and any payments made by Contractor resulting from false claims submitted by the Subcontractor under the Subcontract or as a result of Subcontractor's misrepresentation olf fact or fraud to which this indemnification obligation applies. APPENDIX A-SPECIAL PROVISIONS -~---------------- Subcontract 9120008-001 Project 9120008 IN WITNESS WHEREOF, Subcontractor has caused these presents to be duly executed this ______ day of ---------------~·20 __ __ By *ATTEST TITLE Secretary STATE OF ________________ __ COUNTY OF------------ On the ______ day of-----------'' before me personally came to me known, who, being by me duly sworn, did depose and say that he resides in --------------· that he is duly authorized to execute the foregoing instrument and that the foregoing instrument was duly executed by him. * Notary Public My Commission Expires Attest by the Secretary is required for corporate Subcontractor only. It is not required tor Subcontractors organized as individuals or partnerships. APPENDIX A -SPECIAL PROVISIONS APPENDIX B CLIENT PROVISIONS Subcontract 9120008-001 Project 912000:8 APPENDIX B -CLIENT PROVISIONS PART H-CONTRACT CLAUSES SECTION I -CONTRACT CLAUSES Contract Clauses in this section are from the FAR, Defense FAR Sup, Air Force FAR Sup, and the Air Force Materiel Command FAR Sup, and are current through the following updates: Database_ Version: 6.11.x.700; Issued: 10/21/2009; FAR: FAC 2005-37; DFAR: DCN20091019; OL.: DL 98- 021; Class Deviations: CD 2009.00011; AFFAR: 2002 Edition; AFMCFAR: AFMCAC 07-05; AFAC: AFAC 2009-0803; lPN: 98-009 I. NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference: A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES 52.202-01 52.203-03 52.203-05 52.203-06 52.203-07 52.203-08 52.203-10 52.203-12 52.203-13 52.204-02 52.204-02 52.204-04 52.204-07 52.204-09 52.209-06 52.211-10 52.211-10 52.215-02 52.215-08 52.215-10 52.215-11 52.215-12 52.215-15 52.215-17 52.215-18 52.215-19 52.215-21 DEFINITIONS (JUL 2004) GRATUITIES (APR 1984) COVENANT AGAINST CONTINGENT FEES (APR 1984) RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) ANTI-KICKBACK PROCEDURES (JUL 1995) CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007) CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (DEC 2008) SECURITY REQUIREMENTS (AUG 1996) SECURITY REQUIREMENTS (AUG 1996)-ALTERNATE II (APR 1984) PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000) CENTRAL CONTRACTOR REGISTRATION (APR 2008) PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP 2007) PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006) COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) (a) Number of calendar days is 'TBD at Task Order level' (c) Number of days or calendar date is 'TBD at Task Order level' Applies to Firm-Fixed-Price CLIN(s) only. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)- ALTERNATE I (APR 1984) (a) Number of calendar days is 'TBD at Task Order level' (c) Number of days or calendar date is 'TBD at Task Order level' Date is 'TBD at Task Order level' AUDIT AND RECORDS --NEGOTIATION (MAR 2009) ORDER OF PRECEDENCE-UNIFORM CONTRACT FORMAT (OCT 1997) PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1997) PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA-MODIFICATIONS (OCT 1997) SUBCONTRACTOR COST OR PRICING DATA (OCT 1997) PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2004) WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997) REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS (PRB) OTHER THAN PENSIONS (JUL 2005) NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997) REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA-MODIFICATIONS (OCT 1997) SECTION I FA8903-IO-D-8594 PAGE 19 OF42 PART II-CONTRACT CLAUSES SECTION I -CONTRACT CLAUSES 52.215-21 52.215-21 52.215-21 52.216-07 52.216-08 52.216-09 52.216-18 52.216-19 52.216-22 52.217-08 52.217-09 52.219-06 52.219-07 52.219-08 52.219-14 52.219-28 52.219-28 52.222-01 52.222-02 52.222-03 52.222-04 52.222-06 52.222-07 52.222-08 52.222-08 52.222-09 52.222-10 52.222-11 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA-MODIFICATIONS (OCT 1997)-ALTERNATE II (OCT 1997) REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING OAT A-MODIFICATIONS (OCT 1997) -ALTERNATE Ill (OCT 1997) Alt Ill, Para (c), Submit the cost portion of the proposal via the following electronic media: 'TBD at Task Order level' REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING OAT A-MODIFICATIONS (OCT 1997)-ALTERNATE IV (OCT 1997) Alt IV, (b), Description of the information and the format that are required: 'TBD at Task Order level' ALLOWABLE COST AND PAYMENT (DEC 2002) -ALTERNATE I (FEB 1997) Para (a) (3), Day prescribed by agency head, or "30th". '30th, or otherwise as determined at Task Order level' Applies to Cost-Plus-Fixed-Fee CLIN(s) only. FIXED FEE (MAR 1997) FIXED FEE-CONSTRUCTION (MAR 1997) Applies to Cost-Plus-Fixed-Fee CL/N(s) only. ORDERING (OCT 1995) Para (a), Issued from date is 'the effective date of contract' Para (a), Issued through date is '60 months after the effective date of contract' ORDER LIMITATIONS (OCT 1995) Para (a). Insert Dollar amount or quantity. '$3,000.00' Para (b)(1). Insert dollar amount or quantity '$2,500,000.00' Para (b)(2). Insert dollar amount or quantity. '$2,500,000.00' Para (b)(3). Insert number of days. '5' Para (d). Insert number of days. '10' INDEFINITE QUANTITY (OCT 1995) Para (d), Date is '24 months after expiration of ordering period' OPTION TO EXTEND SERVICES (NOV 1999) Period of time. '30 days prior to exipiration of the ordering period' OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) Para (a), Period of time 'TBD at Task Order level' Para (a), 60 or as appropriate 'TBD at Task Order level' Para (c), Number of MonthsNears. 'TBD at Task Order level' NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUN 2003) NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE (JUN 200:-1) UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004) LIMITATIONS ON SUBCONTRACTING (DEC 1996) POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009) POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUN 2007) NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997) PAYMENT FOR OVERTIME PREMIUMS (JUL 1990) Para (a), Dollar amount is 'TBD at Task Order level' Applies to Cost-Pius-Fixed~Fee CLIN(s) only. CONVICT LABOR (JUN 2003) CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-OVERTIME COMPENSATION (JUL 2005) DAVI$-BACON ACT (JUL 2005) WITHHOLDING OF FUNDS (FEB 1988) PAYROLLS AND BASIC RECORDS (DEVIATION) (FEB 1988) PAYROLLS AND BASIC RECORDS (FEB 1988) APPRENTICES AND TRAINEES (JUL 2005) COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)" . SUBCONTRACTS (LABOR STANDARDS) (JUL 2005) . SECTION l FA8903-10-D-8594 PAGE200F42 -~------------------~-- PART 11-CONTRACT CLAUSES SECTION I -CONTRACT CLAUSES 52.222-12 52.222-13 52.222-14 52.222-15 52.222-16 52.222-21 52.222-26 52.222-27 52.222-29 52.222-30 52.222-35 52.222-36 52.222-37 52.222-39 52.222-41 52.222-43 52.222-44 52.222-49 52.222-50 52.222-50 52.222-54 52.223-03 52.223-03 52.223-05 52.223-06 52.223-07 52.223-09 52.223-09 52.223-10 52.223-11 52.223-12 52.223-14 52.224-01 52.224-02 52.225-09 CONTRACT TERMINATION--DEBARMENT (FEB 1988) COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS (FEB 1988) DISPUTES CONCERNING LABOR STANDARDS (FEB 1988) CERTIFICATION OF ELIGIBILITY (FEB 1988) APPROVAL OF WAGE RATES (FEB 1988) Applies to Cost-Plus-Fixed-Fee CLIN(s) only. PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) EQUAL OPPORTUNITY (MAR 2007) AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (FEB 1999) NOTIFICATION OF VISA DENIAL (JUN 2003) DAVIS-BACON ACT -PRICE ADJUSTMENT (NONE OR SEPARATELY SPECIFIED METHOD) (DEC 2001) EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE · VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006) AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006) NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004) SERVICE CONTRACT ACT OF 1965 (NOV 2007) FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT-PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (SEP 2009) FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT-PRICE ADJUSTMENT (SEP 2009) SERVICE CONTRACT ACT-PLACE OF PERFORMANCE UNKNOWN (MAY 1989) Para (a), Places or areas are 'TBD at Task Order level' Para (a), Time and date are 'TBD at Task Order level' COMBATING TRAFFICKING IN PERSONS (FEB 2009) COMBATING TRAFFICKING IN PERSONS (FEB 2009)-ALTERNATE I (AUG 2007) Para (c}(1)(i)(B), Alt I, Document Title, obtained from, performed in ,fat. 'TBD at Task Order level' EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997) Para (b), Material Identification No: 'TBD at Task Order level' HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)-ALTERNATE I (JUL 1995) Para (b), Material Identification No: 'TBD at Task Order level' POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (AUG 2003) DRUG-FREE WORKPLACE (MAY 2001) NOTICE OF RADIOACTIVE MATERIALS (JAN 1997) Para (a), Number of days is 'TBD at Task Order level' ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA- DESIGNATED ITEMS (MAY 2008) para (b)(2), Agency Procedures 'be determined at TO level' ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA- DESIGNATED ITEMS (MAY 2008) -ALTERNATE I (MAY 2008) para (b)(2), Agency Procedures 'be determined at TO level' WASTE REDUCTION PROGRAM (AUG 2000) OZONE-DEPLETING SUBSTANCES (MAY 2001) REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (MAY 1995) TOXIC CHEMICAL RELEASE REPORTING (AUG 2003) PRIVACY ACT NOTIFICATION (APR 1984) PRIVACY ACT (APR 1984) BUY AMERICAN ACT -CONSTRUCTION MATERIALS (FEB 2009) SECTION I FA8903-10-D-~94 PAGE21 OF42 PART II· CONTRACT CLAUSES SECTION I • CONTRACT CLAUSES 52.225-11 52.225-11 52.225-13 52.225-14 52.227-01 52.227-02 52.227-04 52.227-04 52.228-02 52.228-03 52.228-05 52.228-11 52.228-12 52.228-13 52.228-14 52.228-15 52.228-16 52.228-16 52.229-02 52.229-03 52.229-06 52.229-08 52.229-10 Para (b)(2). Insert excepted materials or "none". 'None unless otherwise determined at Task Order level.' BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (AUG 2009) Para (b)(3). Insert excepted material or "none". 'None unless otherwise determined at Task Order level' BUY AMERICAN ACT -CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (AUG 2009)-ALTERNATE I (JUN 2009) Para (b)(3). Insert excepted material or "none". 'None unless otherwise determined at Task Order level' RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT (FEB 2000) AUTHORIZATION AND CONSENT (DEC 2007) NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007) PATENT INDEMNITY-CONSTRUCTION CONTRACTS (DEC 2007) PATENT INDEMNITY-CONSTRUCTION CONTRACTS (DEC 2007)-ALTERNATE I (DEC 2007) Alt I Para (b), ltem(s) to be excluded is 'TBD at Task Order level' ADDITIONAL BOND SECURITY (OCT 1997) WORKERS' COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR 1984) INSURANCE--WORK ON A GOVERNMENT INSTALLATION (.IAN 1997) Applies to Firm-Fixed-Price CLIN(s) only. PLEDGES OF ASSETS (SEP 2009} PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (OCT 1995) ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000) Para (a), Payment protections: 'TBD at Task Order level' Para (c), Number of days. 'TBD at Task Order level' IRREVOCABLE LETTER OF CREDIT (DEC 1999) PERFORMANCE AND PAYMENT BONDS -CONSTRUCTION (NOV 2006) PERFORMANCE AND PAYMENT BONDS-OTHER THAN CONSTRUCTION (NOV 2006) Para (b), Percent 'TBD at Task Order level' Para (b), Percent 'TBD at Task Order level' Para (c), Number of days 'TBD at Task Order level' PERFORMANCE AND PAYMENT BONDS-OTHER. THAN CONSTRUCTION (NOV 2006)-ALTERNATE I (JUL 2000) Para (b). Insert percent of original contract price. 'TBD at Task Order level' Para (b). Insert percent of original contract price. 'TBD at Task Order level' Para (c). Insert number of days. 'TBD at Task Order level' Alt I, para (b). Insert percent of original contract price. 'TBD at Task Order level' NORTH CAROLINA STATE AND LOCAL SALES AND USE TAX (APR 1984) FEDERAL, STATE, AND LOCAL TAXES (APR 2003) Applies to Firm-Fixed-Price CLIN(s) on~y. TAXES--FOREIGN FIXED-PRICE CONTRACTS (JUN 2003) Applies to Firm-Fixed-Price CLIN(s) only. TAXES-FOREIGN COST-REIMBURSEMENT CONTRACTS (MAR 1990) Para (a), Name of foreign government is 'TBD at Task Order level' Para (a}, Name of country is 'TBD at Task Order level' Applies to Cost-Plus-Fixed-Fee CL/N(s) only. STATE OF NEW MEXICO GROSS RECEIPTS AND COMPENSATING TAX (APR 2003) Para (c), Agency name 'United States Department of the Air Force' Para (g), Agency name 'United States Department of the Air Force' Para (g), Agency name 'United States Department of the Air Force' SECTION I FA8903-10-D-8594 PAGE22 OF42 PART 11-CONTRACT CLAUSES SEC110N I -CONTRACT CLAUSES 52.232-01 52.232-05 52.232-08 52.232-09 52.232-11 52.232-16 52.232-16 52.232-17 52.232-18 52.232-20 52.232-23 52.232-25 52.232-25 52.232-27 52.232-33 52.232-36 52.232-37 52.233-01 52.233-03 52.233-03 52.233-04 52.236-02 52.236-03 52.236-04 52.236-05 52.236-06 52.236-07 52.236-08 52.236-09 52.236-10 52.236-11 52.236-12 Para (g), Agency name 'United States Department of the Air Forc:e' Applies to Cost-Plus-Fixed-Fee CLIN(s) only. PAYMENTS (APR 1984) Applies to Firm-Fixed-Price CL/N(s) only. PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (SEP 2002) Applies to Firm-Fixed-Price CL/N(s) only. DISCOUNTS FOR PROMPT PAYMENT (FEB 2002) LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984) EXTRAS (APR 1984) PROGRESS PAYMENTS (JUL 2009) PROGRESS PAYMENTS (JUL 2009)-ALTERNATE I (MAR 2000) INTEREST (OCT 2008) AVAILABILITY OF FUNDS (APR 1984) LIMITATION OF COST (APR 1984) Applies to Cost-Plus-Fixed-Fee CLIN(s) only. ASSIGNMENT OF CLAIMS (JAN 1986) PROMPT PAYMENT (OCT 2008) PROMPT PAYMENT (OCT 2008)-ALTERNATE I (FEB 2002) PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008) PAYMENT BY ELECTRONIC FUNDS TRANSFER-CENTRAL CONTRACTOR REGISTRATION (OCT 2003) PAYMENT BY THIRD PARTY (MAY 1999) MULTIPLE PAYMENT ARRANGEMENTS (MAY 1999) DISPUTES (JUL 2002) PROTEST AFTER AWARD (AUG 1996) Applies to Firm-Fixed-Price CLIN(s) PROTEST AFTER AWARD (AUG 1996)-ALTERNATE I (JUN 1985) Applies to Cost-Plus-Fixed-Fee CLIN(s) only. APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) DIFFERING SITE CONDITIONS (APR 1984) Applies to Firm-Fixed-Price CLIN(s) only. SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984) Applies to Firm-Fixed-Price CLIN(s) only .. PHYSICAL DATA (APR 1984) Description of investigational methods used: 'TBD at Task Order level' Summary of weather records and warnings 'TBD at Task Order level' Summary of transportation facilities providing access from the site 'TBD at Task Order level' Other pertinent information: 'TBD at Task Order level' Applies to Firm-Fixed-Price CLIN(s) only. MATERIAL AND WORKMANSHIP (APR 1984) SUPERINTENDENCE BY THE CONTRACTOR (APR 1984) Applies to Firm-Fixed-Price CL/N(s) only. PERMITS AND RESPONSIBILITIES (NOV 1991) Applies to Firm-Fixed-Price CLIN(s), Cost-Plus-Fixed-Fee CLJN(s} only. OTHER CONTRACTS (APR 1984) Applies to Firm-Fixed-Price CLIN(s) only. PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984) Applies to Firm-Fixed-Price CL/N(s) only. OPERATIONS AND STORAGE AREAS (APR 1984) Applies to Firm-Fixed-Price CL/N(s) only. USE AND POSSESSION PRIOR. TO COMPLETION (APR 1984) Applies to Firm-Fixed-Price CLIN(s) only. CLEANING UP (APR 1984) Applies to Firm-Fixed-Price CLIN(s) only. SECTION I FA8903-10-D-8594 PAGE230F42 -------------- PART II-CONTRACT CLAUSES SECTION I -CONTRACT CLAUSES 52.236-13 52.236-13 52.236-14 52.236-15 52.236-17 52.236-18 52.236-19 52.236-21 52.236-21 52.236-21 52.236-26 52.237-02 52.242-01 52.242-03 52.242-04 52.242-13 52.242-14 52.243-01 52.243-02 52.243-04 52.243-05 52.243-07 52.244-02 52.244-02 52.244-05 52.244-06 52.245-01 52.245-02 52.245-09 ACCIDENT PREVENTION (NOV 1991) Applies to Firm-Fixed-Price CLIN(s) only. ACCIDENT PREVENTION (NOV 1991)-ALTERNATE I (NOV 1991) Applies to Firm-Fixed-Price CLIN(s) only. AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984) Applies to Firm-Fixed-Price CL/N(s) only. SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984) LAYOUT OF WORK (APR 1984) WORK OVERSIGHT IN COST -REIMBURSEMENT CONSTRUCTION CONTRACTS (APR 1984) Applies to Cost-Plus-Fixed-Fee CLIN(s) only. ORGANIZATION AND DIRECTION OF THE WORK (APR 1984) Applies to Cost-Plus-Fixed-Fee CLIN(s) only. SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) Applies to Firm-Fixed-Price CLIN(s) only. SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)- ALTERNATE I (APR 1984) SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FI:B 1997)- ALTERNATE II (APR 1984) Alt II, add to para (g) of the basic clause: Desired amount is 'TBD at Task Order level' PRECONSTRUCTION CONFERENCE (FEB 1995) Applies to Firm-Fixed-Price CLIN(s) only. PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT AND VEGETATION (APR 1984) NOTICE OF INTENT TO DISALLOW COSTS (APR 1984) Applies to Cost-Plus-Fixed-Fee CLIN(s) only. PENALTIES FOR UNALLOWABLE COSTS (MAY 2001) CERTIFICATION OF FINAL INDIRECT COSTS (JAN 1997) Applies to Cost-Plus-Fixed-Fee CL/N(s) BANKRUPTCY (JUL 1995) SUSPENSION OF WORK (APR 1984) CHANGES -FIXED-PRICE (AUG 1987) -AlTERNATE I (APR 1984) CHANGES-COST-REIMBURSEMENT (AUG 1987)-ALTERNATE Ill (APR 1984) Applies to Cost-Plus-Fixed-Fee CLIN(s) only. CHANGES (JUN 2007) CHANGES AND CHANGED CONDITIONS (APR 1984) NOTIFICATION OF CHANGES (APR 1984) Para (b), Number of calendar days is (insert 30 for ROSS/C) '30 days' Para (d), Number of calendar days is (insert 30 for ROSS/C) '30 days' SUBCONTRACTS (JUN 2007) Para {d), approval required on subcontracts: 'TBD through negotiations at Task Order level' Para (j), Insert subcontracts evaluated during negotiations. 'TBD at Task Order level' Applies to Firm-Fixed-Price CLIN(s) SUBCONTRACTS (JUN 2007) -ALTERNATE I (JUN 2007) Para (d), Contractor shall obtain the Contracting Officer's written consent before placing the following subcontracts: 'TBD at Task Order level' Para (j), the following subcontracts which were evaluated during ne1gotiations: 'TBD at Task Order level, see Section H, AC-H016, paragraph (e).' COMPETITION IN SUBCONTRACTING (DEC 1996) Applies to Cost-Plus-Fixed-Fee CLIN(s) only. SUBCONTRACTS FOR COMMERCIAL ITEMS (AUG 2009) GOVERNMENT PROPERTY (JUN 2007)-AlTERNATE I (JUN 2007) GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES (JUN 2007) Para (e). List of Government property. 'TBD at Task Order level' USE AND CHARGES (JUN 2007) SECTION I FA8903-10-D-8594 PAGE 24 OF42 PART II· CONTRACT CLAUSES SECTION I • CONTRACT CLAUSES 52.246-20 52.246-21 52.246-25 52.247-63 52.247-67 52.248-03 52.248-03 52.249-02 52.249-02 52.249-03 52.249-06 52.249-06 52.249-08 52.249-10 52.249-10 52.249-10 52.249-10 52.249-14 52.253-01 WARRANTY OF SERVICES (MAY 2001) Para (b), Period of time is 'TBD at Task Order level' Applies to Firm-Fixed-Price CLIN(s) only. WARRANTY OF CONSTRUCTION (MAR 1994) Applies to Firm-Fixed-Price CLIN(s) only. LIMITATION OF LIABILITY-SERVICES {FEB 1997) PREFERENCE FOR U.S.-FLAG AIR CARRIERS (JUN 2003) SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT (FEB 2006) Para (c). Insert address. 'TBD at Task Order level' Applies to Cost-Plus-Fixed-Fee CLIN(s) only. VALUE ENGINEERING-CONSTRUCTION (SEP 2006) Para (i), Contract number. 'TBD at Task Order level' VALUE ENGINEERING--CONSTRUCTION (SEP 2006)-ALTERNATE I (APR 1984) Para (i), Contract number. 'TBD at Task Order level' TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (MAY 2004) TERMINATION FOR CONVENIENCE OF THE GOVERNMENT {FIXED-PRICE) (MAY 2004)-ALTERNATE I (SEP 1996) Applies to Firm-Fixed-Price CLIN(s) only. TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS) (MAY 2004) TERMINATION (COST-REIMBURSEMENT) (MAY 2004) TERMINATION (COST-REIMBURSEMENT) (MAY 2004)-ALTERNATE I (SEP 1996) Applies to Cost-Plus-Fixed-Fee CLJN(s) only. DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984) DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984}-ALTERNATE I (APR 1984) Applies to Firm-Fixed-Price CL/N(s) only. DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984) -ALTERNATE II (APR 1984) DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)-ALTERNATE Ill (APR 1984) EXCUSABLE DELAYS (APR 1984) Applies to Cost-Plus-Fixed-Fee CLIN(s) only. COMPUTER GENERATED FORMS (JAN 1991) B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES 252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) 252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE- CONTRACT-RELATED FELONIES (DEC 2008) 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JAN 2009) 252.204-7000 DISCLOSURE OF INFORMATION (DEC 1991) 252.204-7002 PAYMENT FOR SUBLINE ITEMS NOT SEPARATELY PRICED (DEC 1991) 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) 252.204-7004 ALTERNATE A, CENTRAL CONTRACTOR REGISTRATION (SEP 2007) 252.204-7005 ORAL ATTESTATION OF SECURITY RESPONSIBILITIES (NOV 2001) 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A TERRORIST COUNTRY (DEC 2006) 252.211-7003 ITEM IDENTIFICATION AND VALUATION (AUG 2008)-ALTERNATE I (AUG 2008) 252.215-7000 PRICING ADJUSTMENTS (DEC 1991) 252.215-7002 COST ESTIMATING SYSTEM REQUIREMENTS (DEC 2006) 252.215-7004 EXCESSIVE PASS-THROUGH CHARGES (MAY 2008) 252.215-7004 EXCESSIVE PASS-THROUGH CHARGES (MAY 2008)-ALTERNATE I (MAY 2008) SECTION I FA8903·1 O.D-8594 PAGE250F42 ------------------ PART ll-CONTRACT CLAUSES SECTION I -CONTRACT CLAUSES 252.216-7003 ECONOMIC PRICE ADJUSTMENT-WAGE RATES OR MATERIAL PRICES CONTROLLED BY A FOREIGN GOVERNMENT (JUN 1997) 252.222-7000 RESTRICTIONS ON EMPLOYMENT OF PERSONNEL (MAR 2000) para (a), Insert State. 'TBD at Task Order level' 252.222-7001 RIGHT OF FIRST REFUSAL OF EMPLOYMENT-CLOSURE OF MILITARY INSTALLATIONS (APR 1993) 252.222-7002 COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS) (JUN 1997) 252.222-7004 COMPLIANCE WITH SPANISH SOCIAL SECURITY LAWS AND REGULATIONS (JUN 1997) 252.222-7005 PROHIBITION ON USE OF NONIMMIGRANT ALIENS--GUAM (SEP 1999) 252.223-7001 HAZARD WARNING LABELS (DEC 1991) 252.223·7002 SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES (MAY 1994) 252.223-7003 CHANGE IN PLACE OF PERFORMANCE-AMMUNITION AND EXPLOSIVES (DEC 1991) 252.223-7004 DRUG-FREE WORK FORCE (SEP 1988) 252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS MATERIALS (APR 1993) 252.225-7001 BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM (JAN 2009) 252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (APR 2003) 252.225-7005 IDENTIFICATION OF EXPENDITURES IN THE UNITED STATES (JUN 2005) 252.225-7006 QUARTERLY REPORTING OF ACTUAL CONTRACT PERFORMANCE OUTSIDE THE UNITED STATES (MAY 2007) 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2008) 252.225-7016 RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS (MAR 2006) 252.225-7030 RESTRICTION ON ACQUISITION OF CARBON, ALLOY, AND ARMOR STEEL PLATE (DEC 2006) 252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997) 252.225-7042 AUTHORIZATION TO PERFORM (APR 2003} 252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (MAR 2006) Para (d}. Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from: 'HQ AFSFC/SFPT; Telephone DSN: 473-0924/0928 or commercial 210-671-0927/0928' 252.225-7045 BALANCE OF PAYMENTS PROGRAM-CONSTRUCTION MATERIAL UNDER TRADE AGREEMENTS (JUL 2009)-ALTERNATE I (OCT 2006) Para (c)(2). C.O. lists applicable material or "none". 'TBD at Task Order level' 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004) 252.227·7033 RIGHTS IN SHOP DRAWINGS (APR 1966) 252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (SEP 1999) 252.228-7006 COMPLIANCE WITH SPANISH LAWS AND INSURANCE (DEC 1998) 252.229·7001 TAX RELIEF (JUN 1997)-ALTERNATE I (JUN 1997) 252.229-7002 CUSTOMS EXEMPTIONS (GERMANY) (JUN 1997} 252.229-7003 TAX EXEMPTIONS (ITALY) (JAN 2002) Para (b)(1)(iii), Fiscal code for military activity w/in Italy. 'TBD at Task Order level' 252.229-7004 STATUS OF CONTRACTOR AS A DIRECT CONTRACTOR (SPAIN) (JUN 1997) Para (g), Amount at time of award is 'TBD at Task Order level' 252.229-7005 TAX EXEMPTIONS (SPAIN) (JUN 1997) 252.229-7006 VALUE ADDED TAX EXCLUSION (UNITED KINGDOM) (JUN 1997) 252.229-7007 VERIFICATION OF UNITED STATES RECEIPT OF GOODS (JUN 1997) 252.229-7008 RELIEF FROM IMPORT DUTY (UNITED KINGDOM) (JUN 1997) 252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991) 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008) 252.232-7004 DOD PROGRESS PAYMENT RATES (OCT 2001) SECTION I FA8903-10-D-8594 PAGE260F42 -----~------------ PART II· CONTRACT CLAUSES SECTION I ·CONTRACT CLAUSES 252.232-7005 REIMBURSEMENT OF SUBCONTRACTOR ADVANCE PAYMENTS-DOD PILOT MENTOR-PROTEGE PROGRAM (SEP 2001) 252.232-7008 ASSIGNMENT OF CLAIMS (OVERSEAS) (JUN 1997) 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 252.233-7001 CHOICE OF LAW {OVERSEAS) (JUN 1997) 252.236-7000 MODIFICATION PROPOSALS--PRICE BREAKDOWN (DEC 1991) Applies to Firm-Fixed-Price CLIN(s) only. 252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000) Para (e). Identify drawings. 'TBD at Task Order level' Applies to Firm-Fixed-Price CLIN(s) only. 252.236-7002 OBSTRUCTION OF NAVIGABLE WATERWAYS (DEC 1991) 252.236-7005 AIRFIELD SAFETY PRECAUTIONS (DEC 1991) Applies to Firm-Fixed-Price CL/N(s) only. 252.239-7016 TELECOMMUNICATIONS SECURITY EQUIPMENT, DEVICES, TECHNIQUES, AND SERVICES (DEC 1991) Para (b), Location is 'TBD at Task Order level' Para (c), List can be obtained from 'TBD at Task Order level' Para (c), List and identify locations: 'TBD at Task Order level' 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) Applies to Firm-Fixed-Price CLIN(s) only. 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998) 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DOD CONTRACTS) (JAN 2009) 252.245-7000 GOVERNMENT-FURNISHED MAPPING, CHARTING, AND GEODESY PROPERTY (DEC 1991) 252.246-7002 WARRANlY OF CONSTRUCTION (GERMANY) (JUN 1997) 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (MAY 2002) 252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000) C. AIR FORCE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES 5352.204-9000 NOTIFICATION OF GOVERNMENT SECURITY ACTIVITY AND VISITOR GROUP SECURITY AGREEMENTS (APR 2003) 5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) (APR 2003) Para (c), List of Class I ODSs. 'TBD at Task Order level' 5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (JUN 1997) 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (AUG 2007) Para (b), Any additional requirements to comply with local security procedures 'TBD at Task Order level' Para (d). Additional requirements. 'TBD at Task Orde1r level' D. AIR FORCE MATERIEL COMMAND FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES 5352.209-9002 ORGANIZATIONAL CONFLICT OF INTEREST (AFMC) (AUG 2002) 5352.209-9002 ORGANIZATIONAL CONFLICT OF INTEREST (AFMC) (AUG 2002)-ALTERNATE Ill (AUG 2002) 5352.209-9002 ORGANIZATIONAL CONFLICT OF INTEREST (AFMC) (AUG 2002) -ALTERNATE IV (AUG 2002) . 5352.215-9005 INCORPORATION OF CONTRACTOR'S TECHNICAL PROPOSAL (AFMC) (AUG 1998) Para (a), Paragraph Numbers: 'TBD at Task Order level' Para (a), Paragraph Numbers: 'TBD at Task Order level' Para (a), Version Number(s): 'TBD at Task Order level' Para (a), Dated: 'TBD at Task Order level' SECTION I FA8903·10-D-8594 PAGE27 OF42 PART II-CONTRACT CLAUSES SECTION I -CONTRACT CLAUSES Para (a), Entitled: 'TBD at Task Order level' Para (b), Rank order: 'TBD at Task Order level' 5352.215-9008 ENABLING CLAUSE BETWEEN PRIME CONTRACTORS AND SERVICE CONTRACTORS (AFMC) (JUL 1997) Para (a), Manpower Support Services Contractor's Name 'TBD at Task Order level' Para (a), Major Support Areas (Such as Technical Evaluation and Acquisition Management Support) 'TBD at Task Order level' Para (b), Applicable Task Detail 'TBD at Task Order level' Para (c), Manpower Support Services Contractor's Name 'TBD at Task Order level' Para (c), Areas for Cooperation: 'TBD at Task Order level' 5352.245-9004 BASE SUPPORT (AFMC) (JUL 1997) Para (e), List Installations 'TBD at Task Order level' Para (f), List Support Items 'TBD at Task Order level' 5352.245-9004 BASE SUPPORT (AFMC) (JUL 1997) -ALTERNATE I ( JUL 1997 ) -ALTERNATE II (JUL 1997) Para (e), List of Installations 'TBD at Task Order level' para (f), list of support items 'TBD at Task Order level' Applies to Cost-Plus-Fixed-Fee CLIN(s) only. 5352.245-9004 BASE SUPPORT (AFMC) (JUL 1997)-ALTERNATE II (JUL 1997) Para (e), List Installations 'TBD at Task Order level' Para (f), list support items 'TBD at Task Order level' Applies to Firm-Fixed-Price CL/N(s) only. 11. NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text: A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES IN FULL TEXT 52 .• 22~-42 STATEME.N·TOF E.~UIVALENT RATES FOR FEDERAL HIRES (MAY 1989) In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION Employee Class Monetary Wage -Fringe Benefits TBD at Task Order level 52.245..01 GQ¥E;RNI\IIf;NT PROPERTY (DEVIATION) (JUN 2007) (a) Definitions. As used in this clause- "Acquisition cost" means the cost to acquire a tangible capital asset including the purchase price of the asset and costs necessary to prepare the asset for use. Costs necessary to prepana the asset for use include the cost of placing the asset in location and bringing the asset to a condition necessary for normal or expected use. "Cannibalize• means to remove serviceable parts from one item of equipment in order to install them on another item of equipment. · "Contractor-acquired property" means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract, and to which the Government has title. SECTION l FA8903-IO-D-8S94 PAGE28 OF42 ------------------------------ PART II ·CONTRACT CLAUSES SECTION I -CONTRACT CLAUSES "Contractor inventory" means- (1) Any property acquired by and in the possession of a Contractor or subcontractor under a contract for which title is vested in the Government and which exceeds the amounts needed to complete full performance under the entire contract; (2) Any property that the Government is obligated or has the option to take over under any type of contract, e.g., as a result either of any changes in the specifications or plans thereunder or of the termination of the contract (or subcontract thereunder), before completion of the work, for the convenience or at the option of the Government; and (3) Govemrnent~furnished property that exceeds the amounts needed to complete full performance under the entire contract. "Contractor's managerial personnel" means the Contractor's directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of- (1} All or substantially all of the Contractor's business; (2) All or substantially all of the Contractor's operation at any one plant or separate location; or (3) A separate and complete major industrial operation. "Demilitarization" means rendering a product unusable for, and not restorable to, the purpose for which it was designed or is customarily used. "Discrepancies incident to shipment" means any differences (e.g., count or conditic,n) between the items documented to have been shipped and items actually re~ceived. "Equipment" means a tangible asset that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. "Government~fumished property" means property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. "Government property" means all property owned or leased by the Government. Government property includes both Government-furnished and Contractor-acquired property. "Material" means property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end-item. Material does not include equipment, special tooling and special test equipment. "Nonseverable" means property that cannot be removed after construction or installation without substantial loss of value or damage to the installed property or to the premises where installed. "Precious metals" means silver, gold, platinum, palladium, iridium, osmium, rhodium, and ruthenium. "Property" means all tangible property, both real and personal. "Property Administrator" means an authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor. SECTION I F A8903-l 0-D-8594 PAGE290F42 PART II-CONTRACT CLAUSES SECTION I -CONTRACT CLAUSES "Provide" means to furnish, as in Government-furnished property, or to acquire, as in contractor-acquired property. "Real property• means land and rights in land, ground improvements, utility distribution systems, and buildings and other structures. It does not include foundations and other work necessary for installing personal property. "Sensitive property" means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability. Examples include weapons, ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious metals. "Surplus property" means excess personal property not required by any Federal agency as determined by the Administrator of the General Services Administration (GSA). (b) Property management. (1) The Contractor shall have a system to manage (control, use, preserve, protect, repair and maintain} Government property in its possession. The system shall be adequate to satisfy the requirements of this clause. In doing so, the Contractor shall initiate and maintain the processes, systems, procedures, records, and methodologies necessary for effective control of Government property, consistent with voluntary consensus standards and/or industry-leading practices and standards for Government property management except where inconsistent with law or regulation. During the period of performance, the Contractor shall disclose any significant changes to their property management system to the Property Administrator prior to implementation. (2) The Contractor's responsibility extends from the initial acquisition and receipt of property, through stewardship, custody, and use until formally relieved of responsibility by authorized means, including delivery, consumption, expending, disposition, or via a completed investigation, evaluation, and final determination for lost, damaged, destroyed, or stolen property. This requirement applies to all Government property under the Contractor's accountability, stewardship, possession or control, including its vendors or subcontractors (see paragraph (f)(1 )(v) of this clause}. (3) The Contractor shall include the requirements of this clause in all subcontracts under which Government property is acquired or furnished for subcontract performance. (c) Use of Government property. The Contractor shall use Government property, either furnished or acquired under this contract, only for performing this contract, unless otherwise provided for in this contract or approved by the Contracting Officer. The Contractor shall not modify, cannibalize, or make alterations to Government property unless this contract specifically identifies the modifications, alterations or improvements as work to be performed. (d) Government-furnished property. (1) The Government shall deliver to the Contractor the Government-furnished property described in this contract. The Government shall furnish related data and information needed for the intended use of the property. The warranties of suitability of use and timely delivery of Government- furnished property do not apply to property acquired or fabricated by the Contractor as contractor- acquired property and subsequently transferred to another contract with this Contractor. (2) The delivery and/or performance dates specified in this contract are based upon the expectation that the Government-furnished property will be suitable for contract performance and will be delivered to the Contractor by the dates stated in the contract. SECTION I FA8903-JO-D-8594 PAGE300F42 PART II-CONTRACT CLAUSES SECTION I -CONTRACT CLAUSES (i) If the property is not delivered to the Contractor by the dates stated in the contract, the Contracting Officer shall, upon the Contractor's timely written request, consider an equitable adjustment to the contract. (ii) In the event property is received by the Contractor, or for Government- furnished property after receipt and installation, in a condition not suitable for its intended use, the Contracting Officer shall, upon the Contractor's timely written request, advise the Contractor on a course of action to remedy the problem. Such action may include repairing, replacing, modifying, returning, or otherwise disposing of the property at the Government's expense. Upon completion of the required action(s), the Contracting Officer shall consider an equitable adjustment to the contract (see also paragraph (f)(1 )(ii)(A) of this clause). (iii) The Government may, at its option, furnish property in an "as-is" condition. The Contractor will be given the opportunity to inspect such property prior to the property being provided. In such cases, the Government makes no warranty with respect to the serviceability and/or suitability of the property for contract performance. Any repairs, replacement, and/or refurbishment shall be at the Contractor's expense. (3)(i) The Contracting Officer may by written notice, at any time-- (A) Increase or decrease the amount of Government-furnished property under this contract; (B) Substitute other Government-furnished property for the property previously furnished, to be furnished, or to be acquired by the Contractor for the Government under this contract; or (C) Withdraw authority to use property. (ii) Upon completion of any action(s) under paragraph (d)(3)(i) of this clause, and the Contractor's timely written request, the Contracting Officer shall consider an equitable adjustment to the contract. (e) Title to Government property. (1) The Government shall retain title to all Government-furnished property. Title to Government property shall not be affected by its incorporation into or attachment to any property not owned by the Government, nor shall Government property become a fixture or lose its identity as personal property by being attached to any real property. (2) Fixed-price contracts. (i) All Government-furnished property and all property acquired by the Contractor, title to which vests in the Government. under this paragraph (collectively referred to as "Government property"), are subject to the provisions of this clause. (ii) Title to each item of equipment, special test equipment and special tooling acquired by the Contractor for the Government under this contract shall pass to and vest in the Government when its use in performing this contract commences or when the Government has paid for it, whichever is earlier, whether or not title previously vestE!d in the Government. (iii) If this contract contains a provision directing the Contractor to purchase material for which the Government will reimburse the Contractor as a direct item of cost under this contract- SECTION I FA8903-10-D-8594 PAGE31 OF42 PART II· CONTRACT CLAUSES SECTION I • CONTRACT CLAUSES (A) Title to material purchased from a vendor shall pass to and vest in the Government upon the vendor's delivery of such material; and (B) Title to all other material shall pass to and vest in the Government upon- (1) Issuance of the material for use in contract performance; (2) Commencement of processing of the material or its use in contract performance; or (3) Reimbursement of the cost of the material by the Government, whichever occurs first. (3) Title under Cost-Reimbursement or Time-and-Material Contracts or Cost- Reimbursable contract line items under Fixed-Price contracts. (i) Title to all property purchased by the Contractor for which the Contractor is entitled to be reimbursed as a direct item of cost under this contract shall pass to and vest in the Government upon the vendor's delivery of such property. (ii) Title to all other property, the cost of which is reimbursable to the Contractor, shall pass to and vest in the Government upon- (A) Issuance of the property for use in contract performance; (B) Commencement of processing of the property for use in contract performance; or (C) Reimbursement of the cost of the property by the Government, whichever occurs first. (iii) All Government-furnished property and all property acquired by the Contractor, title to which vests in the Government under this paragraph (e}(3)(iii) (collectively referred to as "Government property)", are subject to the provisions of this clause. (f) Contractor plans and systems. (1) Contractors shall establish and implement property management plans, systems, and procedures at the contract, program, site or entity level to enable the following outc,omes: (i) Acquisition of Property. The Contractor shall document that all property was acquired consistent with its engineering, production planning, and material control operations. (ii) Receipt of Government Property. The Contractor shall receive Government property (document the receipt), record the information necessary to meet the record requirements of paragraph (f)(1)(iii)(A)(1) through (5) of this clause, identify as Government owned in a manner appropriate to the type of property (e.g., stamp, tag, mark, or other identification), and manage any discrepancies incident to shipment. (A) Government-furnished property. The Contractor shall furnish a written statement to the Property Administrator containing all relevant facts, such as cause or condition and a recommended course(s) of action, if overages, shortages, or damages and/or other discrepancies are discovered upon receipt of Government-furnished property. SECTION I F A8903-J 0-D-8594 PAGE320F42 PART 11-CONTRACT CLAUSES SECTION I • CONTRACT CLAUSES (8) Contractor-acquired property. The Contractor shall take all actions necessary to adjust for overages, shortages, damage and/or other discrepancies discovered upon receipt, in shipment of Contractor-acquired property from a vendor or supplier, so as to ensure the proper allocability and allowability of associated costs. (iii) Records of Government property. The Contractor shall create and maintain records of all Government property accountable to the contract, including Government-furnished and Contractor-acquired property. (A) Property records shall enable a complete, current, auditable record of all transactions and shall, unless otherwise approved by the Property Administrator, contain the following: (1) The name, part number and description, manufacturer, model number, and National Stock Number (if needed for additional item identification tracking and/or disposition}. hand. necessary for individual item tracking). (2) Quantity received (or fabricated), issued, and balance-on- (3) Unit acquisition cost. (4) Unique-item identifier or equivalent (if available and (5) Unit of measure. (6) Accountable contract number or equivalent code designation. (7) Location. (8) Disposition. (9) Posting reference and date of transaction. (10) Date placed in service. (B) Use of a Receipt and Issue System for Government Material. When approved by the Property Administrator, the Contractor may maintain, in lieu of formal property records, a file of appropriately cross-referenced documents evidencing receipt, issue, and use of material that is issued for immediate consumption. (iv) Physical inventory. The Contractor shall periodically perform, record, and disclose physical inventory results. A final physical inventory shall be performed upon contract completion or termination. The Property Administrator may waive this final inventory requirement, depending on the circumstances (e.g., overall reliability of the Contractor's system or the property is to be transferred to a follow-on contract). (v) Subcontractor control. (A) The Contractor shall award subcontracts that clearly identify assets to be provided and shall ensure appropriate flow down of contract terms and conditions (e.g .. extent of liability for loss, damage, destruction or theft of Government property). (B) The Contract.or shall assure its subcontracts are properly administered and reviews are periodically performed to determine the adequacy of the subcontractor's property management system. SECTION I FA8903-J~D-8594 PAGE33 OF42 PART II-CONTRACT CLAUSES SECTION I -CONTRACT CLAUSES (vi) Reports. The Contractor shall have a process to create and provide reports of discrepancies; loss, damage, destruction, or theft; physical inventory results; audits and self- assessments; corrective actions; and other property related reports as directed by the Contracting Officer. (A) Loss, damage, destruction, or theft. Unless otherwise directed by the Property Administrator, the Contractor shall investigate and promptly furnish a written narrative of all incidents of loss, damage, destruction, or theft to the property administrator as soon as the facts become known or when requested by the Government. (B) Such reports shall, at a minimum, contain the following information: (1) Date of incident (if known). (2) The name, commercial description, manufacturer, model number, and National Stock Number (if applicable). estimated repair or replacement costs. Government property is a part. recurrence. (3) Quantity. (4) Unique Item Identifier (if available). (5) Accountable Contract number. (6) A statement indicating current or futun~ need. (7) Acquisition cost, or if applicable, estimated scrap proceeds, (8) All known interests in commingled property of which the (9) Cause and corrective action taken or to be taken to prevent (1 0) A statement that the Government will receive any reimbursement covering the loss, damage, destruction, or theft, in the event the Contractor was or will be reimbursed or compensated. (11) Copies of all supporting documentation. (12) Last known location. (13) A statement that the property did or did not contain sensitive or hazardous material, and if so, that the appropriate agencies were notified. (vii) Relief of stewardship responsibility. Unless the contract provides otherwise, the Contractor shall be relieved of stewardship responsibility for Government property when such property is- (A) Consumed or expended, reasonably and properly, or otherwise accounted for, in the performance of the contract, including reasonable inventory adjustments of material as determined by the Property Administrator; or a Property Administrator granted relief of responsibility for loss, damage, destruction or theft of Government property; (B) Delivered or shipped from the Contractor's plant, under Government instructions, except when shipment is to a subcontractor or other location of the Contractor; or SECTION I FA8903-IO-D-8594 PAGE340F42 PART II-CONTRACT CLAUSES SECTION I -CONTRACT CLAUSES (C) Disposed of in acc,ordance with paragraphs 0} and (k) of this clause. (viii) Utilizing Government property. (A) The Contractor shall utilize, consume, move, and store Government Property only as authorized under this contract. The Contractor shall promptly disclose and report Government property in its possession that is excess to contract performance. (8} Unless otherwise authorized in this contract or by the Property Administrator the Contractor shall not commingle Government property with property not owned by the Government. (ix) Maintenance. The Contractor shall properly maintain Government property. The Contractor's maintenance program shall enable the identification, disclosure, and performance of normal and routine preventative maintenance and repair. The Contractor shall disclose and report to the Property Administrator the need for replacement and/or capital rehabilitation. (x) Property closeout. The Contractor shall promptly perform and report to the Property Administrator contract property closeout, to include reporting, investigating and securing closure of all loss, damage, destruction, or theft cases; physically inventorying all property upon termination or completion of this contract; and disposing of items at the time they are determined to be excess to contractual needs. (2) The Contractor shall establish and maintain Government accounting source data, as may be required by this contract, particularly in the areas of recognition of acquisitions and dispositions of material and equipment. (3) The Contractor shall establish and maintain procedures necessary to assess its property management system effectiveness, and shall perform periodic internal reviews and audits. Significant findings and/or results of such reviews and audits pertaining to Government property shall be made available to the Property Administrator. (g) Systems analysis. (1) The Government shall have access to the contractor's premises and all Government property, at reasonable times, for the purposes of reviewing, inspecting and evaluating the Contractor's property management plan, systems, procedures, records, and supporting documentation that pertains to Government property. (2) Records of Government property shall be readily available to authorized Government personnel and shall be safeguarded from tampering or destruction. (3) Should it be determined by the Government that the Contractor's property management practices are inadequate or not acceptable for the effective management and/or control of Government property under this contract, and! or present an undue risk to the Government, the Contractor shall immediately take all necessary corrective actions as directed by the Property Administrator. (4) The Contractor shall ensure Government access to subcontractor premises, and all Government property located at subcontractor premises, for the purposes of reviewing, inspecting and evaluating the subcontractor's property management plan, systems, procedures, records, and supporting documentation that pertains to Government property. (h) Contractor Liability for Government Property. SECTION I FA8903-IO-D-8594 PAG£350F42 PART II-CONTRACT CLAUSES SECTION l· CONTRACT CLAUSES {1) Unless otherwise provided for in the contract, the Contractor shall not be liable for loss, damage, destruction, or theft to the Government property furnished or acquired under this contract, except when any one of the following applies- (i) The risk is covered by insurance or the Contractor is otherwise reimbursed (to the extent of such insurance or reimbursement). The allowability of insurance costs shall be determined in accordance with 31.205-19. (ii) The loss, damage, destruction, or theft is the result of willful miseonduct or lack of good faith on the part of the Contractor's managerial personnel. Contractor's managerial personnel, in this clause, means the Contractor's directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of all or substantially all of the Contractor's business; all or substantially all of the Contractor's operation at any one plant or separate location; or a separate and complete major industrial operation. (iii) The Contracting Officer has, in writing, revoked the Government's assumption of risk for loss, damage, destruction, or theft, due to a determination under paragraph (g) of this clause that the Contractor's property management practices are inadequate, and/or present an undue risk to the Government, and the Contractor failed to take timely corrective action. If the Contractor can establish by clear and convincing evidence that the loss, damage, destruction, or theft of Government property occurred while the Contractor had adequate property management practices or the loss, damage, destruction, or theft of Government property did not result from the Contractor's failure to maintain adequate property management practices, the Contractor shall not be held liable. (2) The Contractor shall take all reasonable actions necessary to protect the Government property from further loss, damage, destruction, or theft. The Contractor shall separate the damaged and undamaged Government property, place all the affected Government property in the best possible order, and take such other action as the Property Administrator directs. (3) The Contractor shall do nothing to prejudice the Government's rights to recover against third parties for any loss, damage, destruction, or theft of Government property. (4) Upon the request of the Contracting Officer, the Contractor shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation, including the prosecution of suit and the execution of instruments of assignment in favor of the Government in obtaining recovery. . (i) Equitable adjustment. Equitable adjustments under this clause shall be made in accordance with the procedures of the Changes clause. The right to an equitable adjustment shall be the Contractor's exclusive remedy and the Government shall not be liable to suit for breach of contract for the following: (1) Any delay in delivery of Government-furnished property. (2) Delivery of Government-furnished property in a condition not suitable for its intended use. (3) An increase, decrease, or substitution of Government-furnished property. (4) Failure to repair or replace Government property for which the c;overnment is responsible. 0) Contractor inventory disposal. Except as otherwise provided for in this contract, the Contractor shall not dispose of Contractor inventory until authorized to do so by the Plant Clearance Officer. (1) Scrap to which the Government has obtained title under paragraph (e) of this clause. (i) Contractor with an approved scrap procedure. SECTION I FAS903-10-D-8594 PAGE360F42 PART II-CONTRACT CLAUSES SECTION I -CONTRACT CLAUSES (A) The Contractor may dispose of scrap resulting from production or testing under this contract without Government approval. However, if the scrap requires demilitarization or is sensitive property, the Contractor shall submit the scrap on an inventory disposal schedule. (B) For scrap from other than production or testing the Contractor may prepare scrap lists in lieu of inventory disposal schedules (provided such lists are consistent with the approved scrap procedures), except that inventory disposal schedules shall be submitted for scrap aircraft or aircraft parts and scrap that- (1) Requires demilitarization; (2) Is a classified item; (3) Is generated from classified items; (4) Contains hazardous materials or hazardous wastes; (5) Contains precious metals; or (6) Is dangerous to the public health, safety, or welfare. (ii) Contractor without an approved scrap procedure. The Contractor shall submit an inventory disposal schedule for all scrap. The Contractor may not dispose of scrap resulting from production or testing under this contract without Government approval. (2) Predisposal requirements. (i) Once the Contractor determines that Contractor-acquired property is no longer needed for contract performance, the Contractor in the following order of priority- (A) May contact the Contracting Officer if use of the property in the performance of other Government contracts is practical; (B) May purchase the property at the acquisition cost; or (C) Shall make reasonable efforts to return unused property to the appropriate supplier at fair market value (less, if applicable, a reasonable restocking fee that is consistent with the supplier's customary practices). (ii) The Contractor shall list, on Standard Form 1428, Inventory Disposal Schedule, property that was not used in the performance of other Government contracts under paragraph 0)(2)(i}(A) of this clause. property that was not purchased under paragraph 0)(2) (i)(B) of this clause, and property that could not be returned to a supplier under paragraph G)(2)(i)(C) of this clause. (3) Inventory disposal schedules. (i) The Contractor shall use Standard Form 1428, Inventory Disposal Schedule, to identify- (A) Government-furnished property that is no longe1r required for performance of this contract, provided the terms of another Government contract do not require the Government to furnish that property for performance of this contract; SECTION I FA8903-JO-D-8594 PAGE370F42 ----··----···-··· PART II -CONTRACT CLAUSES SECTION l -CONTRACT CLAUSES (B) Contractor-acquired property, to which the Government has obtained title under paragraph (e) of this clause, which is no longer required for performance of that contract; and (C) Termination inventory. (ii) The Contractor may annotate inventory disposal schedules to identify property the Contractor wishes to purchase from the Government. (iii) Unless the Plant Clearance Officer has agreed otherwise, or the contract requires electronic submission of inventory disposal schedules, the Contractor shall prepare separate inventory disposal schedules for- (A) Special test equipment with commercial components; (B) Special test equipment without commercial components; (C) Printing equipment; (D) Information technology (e.g., computers, computer components, peripheral equipment, and related equipment); (E) Precious metals; (F) Mononuclear hazardous materials or hazardous wastes; or (G) Nuclear materials or nuclear wastes. (iv) The Contractor shall describe the property in sufficient detail to permit an understanding of its intended use. Property with the same description, condition code, and reporting location may be grouped in a single line item. (4) Submission requirements. The Contractor shall submit inventory disposal schedules to the Plant Clearance Officer no later than- (i) 30-days following the Contractor's determination that a Government property item is no longer required for performance of this contract; (ii) 60 days, or such longer period as may be approved by the Plant Clearance Officer, following completion of contract deliveries or performance; or (iii) 120 days, or such longer period as may be approved by the Termination Contracting Officer following contract termination in whole or in part. (5) Corrections. The Plant Clearance Officer may- (i) Reject a schedule for cause (e.g., contains errors, determined to be inaccurate); and (ii) Require the Contractor to correct an inventory disposal schedule. (6) Postsubmission adjustments. The Contractor shall notify the Plant Clearance Officer at least 10 working days in advance of its intent to remove an item from an approved inventory disposal schedule. Upon approval of the Plant Clearance Officer, or upon expiration of the notice period, the Contractor may make the necessary adjustments to the inventory schedule. SECTION I FA8903-10-D-8594 PAGE 38 OF42 PART II· CONTRACT CLAUSES SECTION I • CONTRACT CLAUSES appear in this clause) shall be construed as "United States Government" and "United States Government- furnished," respectively. 52~252·02 .OLAUSES·lNCQRPORATED BY REFEREN.QE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/ 52.252-QS AUTHORIZED DEVIATIONS I~ CLAUS6S (APR 1984} (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. B. DEFENSE FAR SUPP CONTRACT CLAUSES IN FULL TEXT 252.~·7007 UMlTATIOfii'()F GOVJ;RNJIENT'~ OBLIGATlQN (MAY 200$) (a) Contract line item(s) TBD at Task Order level through TBD at Task Order level are incrementally funded. For these item (s), the sum of TBD at Task Order level of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph 0) ofthis clause. (b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line itt:~m(s) for convenience . includes costs, profit, and estimated termination settlement costs for those item(s). (c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government." (d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance SECTION I FA8903-10-D-8594 PAGE400F42 PART II-CONTRACT CLAUSES SECTION I -CONTRACT CLAuSES which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly. (e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s}, or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes." (f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause. (g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) or (e) of this clause. (h) Nothing in this clause affects the rights of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government." (i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342. 0) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule: On execution of contract TBD at Task Order level TBD at Task Order level TBD at Task Order level TBD at Task Order leveiTBD at Task Order level TBD at Task Order leveiTBD at Task Order level SECTION I FA8903-JO-D-8594 PAGE41 OF42 ~bhate ~as~.ocratc~;. APPENDIXC STATEMENT OF WORK Subcontract 9120008-001 Project 9120008 APPENDIX C-STATEMENT OF WORK Compensation Schedule TO __ -Galena Air Station, Alaska Air Force Center for Environmental Excellence PO LINE # Task ~Classification UofM Eat.Qty Rete Tolal Labor 1 Mobilization/Demobiization Senior Erlgineer hr 0 $000 $0.00 1 Mobi~zalion/OemobliZatoon Senior Technician hr 0 $0.00 $0.00 2 18 months O&M at CG001/CG002 TU001122014122016 Senior Engineer hr 312 $65.81 $20.532.72 2 18 months O&M at CG001/CG002 TU001/22014/22016 Senior T echniclan hr 425 $52.20 $22,185.00 3 18 months O&M SVE and bloventing system at POL Tank Farm {ST005) Senior Engineer hr 0 $0.00 $0.00 3 18 months O&M SVE and blcventirl!l svstem at POL Tank Farm 'ST005' Senior Technician hr 0 $0.00 $0.00 4 18 months O&M depressurization system at GA TV Building (CB001 ). including VMP Senior Enoineer hr 0 $0.00 $0.00 4 18 months O&M depressurization system at GATV Building {CB001). Including VMP Senior T echnlcian hr 0 $0.00 $0.00 5 18 months O&M two SVE systems SS006 and SS019 Senior Engineer hr 0 $0.00 $0.00 5 18 months O&M two SVE systems SS006 and SS019 Senior Technician hr 0 $0.00 $0.00 6 Reoortin!l and Documentation Senior Enolneer hr 24 $65.81 $1,579.44 6 Reporting and Documentation Senior T echniclan hr 24 $52.20 $1.252.80 7 Off-site well cartridge replacements (SS015} Senior EnQineer hr 8 $65.81 $526.48 7 Off-site well cartridge replacements (SS015) Senior T echniclan hr 8 $52.20 $417 60 8 System repairs/replacements las described in Section 2A.9 of SOWl Senior En!Jineer hr 28 $65.81 $1.842.68 8 System fi!P8!1!1lreolacemi!II'U (as described in Section 2.4.9 of SOW) Senior T echniclan hr 20 $52.20 $1,044.00 ' Labor Total $49,380.72 POUNE Eat.Qty i # Task UofM Rete Tolai Expenses 1 Mobilzatlon/OemobHizatlon Transpart equip to sites each 1 $800.00 $800.00 2 18 months O&M at CG001/CG002, TU001122014/22016 Postaoe to m.aiVshiP samPles each 18 $32.00 $576.00 3 18 months O&M SVE and bioventing system at POL Tank Farm (ST005) each 0 $0.00 $0.00 4 18 months O&M depressurization system at GATV Bullding_(CB001 ), includin[ VMP each 0 $0.00 $0.00 5 18 months O&M two SVE systems 55006 and SS019 each 0 $0.00 $0.00 10 Reporting and Documentation Administrative Costs each 16 $100.00 $1.800.00 11 Off-site well cartridge replacements {SS015) each 0 $0.00 $0.00 12 System rBPall!llreDiacements (as describe<! in Section 2..4.9 of SOW) each 0 $0.00 $0.00 Expenses Total $3,178.00 -Total Not to Exceed: I S52,558.7~- ATTACHMENT A REVISED STATEMENT OF WORK Galena Air Station, Alaska Air Force Center for Engineering and the Environment PO __ 1.0 Background Information 1.1 Site Location and History The former Galena Forward Operating Location (FOL is located in the interior of Alaska, approximately 350 miles northwest of Anchorage and 280 miles west of Fairbanks. The U.S .. Air Force (USAF) has identified areas of soil and groundwater contaminated with trichloroethene (TCE) and diesel fuel at the facility. The USAF is continuing assessment of past hazardous waste disposal and spill sites at Galena FOL to develop remedial actions for site cleanup and closure. 1.2 Objectives and General Scope Bhate Environmental Associates (Bhate) is contracted to the Air Force Center for Engineering and the Environment (AFCEE) to conduct A-E services for Remedial System Operation and Maintenance (O&M) at several existing sites. AFCEE encourages the use of local firms and local resources in the execution of task orders. To execute Remedial System O&M, Bhate requires the services of Hazardous Waste Operations and Emergency Response (HAZWOPER) trained personnel to support activities necessary to perform the following work requirements: 1. For 18 months operate, monitor, and maintain (including respiration testing) two bioventing systems: Million Gallon Hill (CGOOl) and Missile Storage Area (CG002). 2. For 18 months operate, monitor, and maintain (including respiration testing) one combined soil vapor extraction (SVE) and bioven~g system: POL Tank Farm (ST005). 3. For 18 months operate, monitor, and maintain the depressurization system at the GA VTC Building (CBOOl), including subslab vapor monitoring point (VMP) monitoring. 4. Provide all required reporting and documentation as described in this SOW. ----~-----------------·--- 1.3 Applicable Regulations and Guidance It is expected that work activities be conducted in accordance with the ADEC Underground Storage Tank (UST) Program, UST Procedures Manual (current version), ADEC Draft Field Sampling Guidance (2010), and all other applicable ADEC Contaminated Sites guidance documents. 2.0 Detailed Scope of Subcontracted Services 2.1 Mobilization The SUBCONTRACTOR shall provide all the necessary services and facilities as well as mobilize all necessary equipment, supplies, and qualified personnel to the project site required for performance of this SOW. It is also expected that qualified and well-trained operators and technicians will be on site, ready to work as required when required. The SUBCONTRACTOR will need to ensure that all SUBCONTRACTOR employees have all necessary training and experience including equipment operation, 40 hour HAZWOPER training, and current annual 8 hour refresher training updates. In addition, the SUBCONTRACTOR will be responsible for providing and using all other equipment and supplies as necessary including support vehicles; personal power and hand tools; remedial system materials; communication aids, etc. Bhate assumes that the SUBCONTRACTOR has personnel in Galena that can accomplish tasks described during the anticipated schedule. If the SUBCONTRACTOR requires personnel from outside of Galena, AK, the SUBCONTRACTOR shall arrange for their own transportation to Galena and transportation, meals, and lodging at the site. 2.2 Site Management For all work tasks, the SUBCONTRACTOR shall practice good housekeeping and keep worksite free and clear of all rubbish and debris. The SUBCONTRACfOR shall maintain the work site as to prevent the spread of site contamination. The SUBCONTRACTOR shall provide for the safety of all individuals in the vicinity of the worksite areas. The worksite shall be well marked to prevent inadvertent entry into all work areas. At all times, the SUBCONTRACTOR shall keep the work area free from accumulation of waste materials removing nonessential equipment from the worksite when not in use. The worksite shall be maintained to present an orderly appearance and to maximize work efficiency. Prior to performing work at each work location, the SUBCONTRACTOR shall remove from the work area any rubbish, tools, equipment, and materials that are not property of the government. The SUBCONTRACTOR shall handle and properly dispose of all waste in accordance with Federal, State, and local requirements. Upon completing the work, the SUBCONTRACTOR shall leave the area dean, neat, and orderly, and return worksites to the original condition. The SUBCONTRACTOR shall ensure compliance with any Federal, State, and local regulations and QA/QC protocols and procedures for decontaminating tools, equipment, or other materials, as required. 2.3 Level of Effort The SUBCONTRACTOR shall estimate the level of effort associated with the specified SOW based on the previous year's efforts (as reported in the previous year's annual report) and the subparts of this Section. The exact sample locations and analytical requirements for the current sampling and analytical efforts should be based on the previous year's reports and recommendations, requirements in the existing work plan, and the site conditions encountered during this year's field activities. Based on past O&M activities, Bhate anticipates a typical level of effort as follows; however, the Subcontractor .is responsible for establishing the level of effort for bidding purposes: • 0.5 to 1 day per week for GA VTC monitoring • Up to 1 day per week for other system monitoring • Up to 1 day per month for GA VTC air emission sampling • 3 to 5 days per month for system maintenance (including fluids and belt changes, system checks, emission stack sampling, and wellhead monitoring) • 1 to 3 days per year for semiannual sampling of vapor monitoring points (VMPs) • 6 to 9 days per year for annual sampling of VMPs (PID, temperature, pressure), annual in situ respiration (ISR) testing, and annual oxygen (Ch) or pressure testing at selected VMPs • 1 to 2 days per year for replacement blower change-outs (2) 2.4 Technical Requirements 2.4.1 Million Gallon Hill (CG001) The SUBCONTRACTOR shall monitor, operate, and maintain the bioventing system at Million Gallon Hill. The SUBCONTRACTOR shall provide all labor, equipment, testing, and materials necessary. The work shall include weekly system checks for the two blowers and associated system, adjustments, repairs, cleaning/ replacing filters, fluids, and belts as needed. Routine repairs and replacement of system components shall be conducted as required. An annual in-situ respiration test of 6 VMPs, and a soil gas survey of 24 VMPs using an FID or PID will be performed for this system in September or October when the groundwater table has fallen to a low level. Twelve new VMPs will be installed by others, and need to be sampled. The SUBCONTRACTOR shall collect samples from the new VMPs for analysis of benzene, toluene, ethylbenzene, xylenes (BTEX) and gasoline range organics (GRO) by Method T0-15 Modified. Currently the bioventing system described does not have an off-gas treatment system. 2.4.2 Missile Storage Area (CG002) The SUBCONTRACTOR shall monitor, operate, and maintain the bioventing system at the Missile Storage Area. The SUBCONTRACTOR shall provide all labor, equipment, testing, and materials necessary. The work shall include weekly system checks for the one blower and associated system, adjustments, repairs, cleaning/ replacing filters, fluids, and belts as needed. Routine repairs and replacement of system components shall be conducted as 3 required. An annual in-situ respiration test of 6 VMPs and a soil gas survey of 16 VMPs using an FID or PID will be performed for this system in September or October when the groundwater table has fallen to a low level. Currently the bioventing system described does not have an off-gas treabnent system. 2.4.3 POL Tank Farm (ST005) The SUBCONTRACTOR shall monitor, operate, and maintain the combined SVE and bioventing system at the POL Tank Farm. The SUBCONTRACTOR shall provide all labor, equipment, testing, and materials necessary. The work shall include weekly system checks for the two blowers and associated system, adjusbnents, repairs, cleaning/replacing filters, fluids, and belts as needed. Routine repairs and replacement of system components shall be conducted as required. An annual in-situ respiration test of 6 VMPs and a soil gas survey of 20 VMPs using an FID or PID will be performed for this system in September or October when the groundwater table has fallen to a low level. Currently the combined SVE and bioventing system described in this SOW has two off-gas stacks at the treatment system. The SUBCONTRACTOR will sample off-gas stack emissions monthly from both stacks for BTEX and GRO by Method T0-15 Modified and report the findings monthly so as not to exceed the maximum allowable benzene emissions limit. 2.4.4 GAVTC (CB001) The SUBCONTRACTOR shall monitor, operate, and maintain the subfloor depressurization system at the GA VTC building. The SUBCONTRACTOR shall provide all labor, equipment, testing, and materials necessary. The work shall include weekly system checks for the two blowers and associated system, adjusbnents, repairs, cleaning/replacing filters, fluids, and belts as needed. Routine repairs and replacement of system components shall be conducted as required. An annual in-situ respiration test of 14 VMPs and a soil gas sampling survey of 13 VMPs using an T0-15 analysis will be performed for this system in September or October when the groundwater table has fallen to a low level. Currently the subfloor depressurization system at the GAVTC building has two treabnent system off-gas stacks, with a total of four sample ports. The SUBCONTRACTOR will sample off-gas stack emissions monthly from the four sample ports on the stacks for BTEX and GRO by Method T0-15 Modified and report the findings monthly so as not to exceed the maximum allowable benzene emissions limit. 2.4.8 Off·Site Private Well Systems (SS015) The SUBCONTRACTOR shall replace three filter cartridges and three carbon cartridges for three 1,000 gallon-per-day the off-site private well systems. Bhate will provide the filter and carbon cartridges to the site. 2.4.9 System Repairs and Replacements The remedial systems described in this SOW shall be operated on a year round basis. Assume that two blowers will be replaced for the remedial systems described in this SOW. Bhate will purchase the blowers and have the blowers delivered to Galena pending installation. Continuous operation of the blowers at the GA VTC building is critical for mitigating indoor inhalation risk to the building occupants; therefore the SUBCONTRACTOR shall monitor continuous operation of the blowers at the GA VTC building and provide immediate maintenance of system failures. Blowers at the other sites are less critical and do not require continuous operation, therefore the SUBCONTRACTOR shall provide rapid and routine operation and maintenance of these systems. SUBCONTRACTOR shall include labor for the replacement of up to 400 feet of aboveground 2-inch flexible air distribution piping (UV resistant, heavy construction) during the duration of this project. SUBCONTRACTOR shall include labor for the replacement of up to 10 flow meters -two high flow rate (50 CFM) and eight low flow rate (5-10 CFM). Bhate will purchase the 2-inch piping and flow meters and have the parts delivered to Galena. Replace other system parts as needed. 2.5 Sampling Collection and Management The SUBCONTRACTOR shall be responsible for the collection, handling, and sample shipping of all environmental media. Media includes soil, soil gas, stack gas, and ambient air. All shipping and sample custody protocols shall be conducted in accordance with the ADEC Underground Storage Tank (UST) Program, UST Procedures Manual (current version) and ADED Draft Field Sampling Guidance (2010). 2.6 Specifications for Daily Record of Activities The SUBCONTRACTOR shall create and maintain accurate and complete records and data of, and derived from, all project activities outlined this SOW. The records must be organized and legibly documented to sufficiently re-create and evaluate data from each sampling, analytical, testing, and monitoring event. The SUBCONTRACTOR shall provide copies of all work records and data to Bhate/ CH2M HILL on a monthly basis or upon request. The SUBCONTRACTOR shall keep a daily record of activities, which shall include: • Name(s) of personnel. • Description of system status, gauge and meter readings, and any issues encountered • Calibration log for monitoring equipment • Sample log for all analytical samples • Record of time required for maintenance and repairs. 3.0 Health and Safety Requirements The tasks identified in Sections 2 will require SUBCONTRACTOR personnel that have 40- hour HAZWOPER training and current annual 8-hour refresher training. A copy of the HAZWOPER training certificates must be provided to Bhate prior to beginning tasks. CH2M HILL has developed a Health and Safety Plan (HASP) which governs the health and safety aspects of all activities to be performed by CH2M HILL at the project site. The SUBCONTRACTOR shall create a safety plan and/ or job hazard analysis for tasks they are 5 performing as part of this subcontract. In addition, the SUBCONTRACTOR must read and sign CH2M HILL's Health & Safety Plan. By reading and.signing the CH2M HILL liealth and Safety plan the SUBCONTRACTOR is agreeing to comply with requirements in it. Requirements typically included wearing appropriate personal protective equipment (such as safety boots, safety glasses, appropriate clothing) while on CH2M HILL work site. Some of the work could require the use of an air purifying respirator, and the SUBCONTRACTOR's people doing this work must be properly trained and certified. The SUBCONTRACTOR must provide all SUBCONTRACTOR employees with all necessary personal protective equipment (PPE). 6 APPENDIXD SERVICE CONTRACT ACT WAGE DETERMINATION Subcontract 9120008-00 I Project 9120008 APPENDIX D -WAGE DETERMINATION Page 1 of9 WD 05-2017 (Rev.-15) was first posted on www.wdol.gov on 06/17/2011 ************************************************************************************ REGISTER OF WAGE DETERMINATIONS UNDER THE SERVICE CONTRACT ACT By direction of the Secretary of Labor U.S. DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION WAGE AND HOUR DIVISION WASHINGTON D.C. 20210 Diane C. Koplewski Division of Wage Determination No.: 2005-2017 Revision No.: 15 Director Wage Determinations! Date Of Revision: 06/13/2011 ___________________________________ ! State: Alaska Area: Alaska Statewide **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE -TITLE FOOTNOTE 01000 -Administrative Support And Clerical Occupations 01011 -Accounting Clerk I 01012 Accounting Clerk II 01013 Accounting Clerk III 01020 Administrative Assistant 01040 Court Reporter 01051 Data Entry Operator I 01052 Data Entry Operator II 01060 -Dispatcher, Motor Vehicle 01070 -Document Preparation Clerk 01090 -Duplicating Machine Operator 01111 General Clerk I 01112 -General Clerk II 01113 -General Clerk III 01120 -Housing Referral Assistant 01141 -Messenger Courier 01191 -Order Clerk I 01192 -Order Clerk II 01261 -Personnel Assistant (Employment) I 01262 -Personnel Assistant (Employment) II 01263 -Personnel Assistant (Emplo~nent) III 01270 -Production Control Clerk 01280 -Receptionist 01290 -Rental Clerk 01300 -Scheduler, Maintenance 01311 -Secretary I 01312 -Secretary II 01313 -Secretary III 01320 -Service Order Dispatcher 01410 -Supply Technician 01420 -Survey Worker 01531 -Travel Clerk I 01532 -Travel Clerk II 01533 -Travel Clerk III 01611 -Word Processor I 01612 -Word Processor II 01613 -Word Processor III 05000 -Automotive Service Occupations 05005 -Automobile Body Repairer, Fiberglass 05010 -Automotive Electrician 05040 -Automotive Glass Installer 05070 -Automotive Worker 05110 -Mobile Equipment Servicer 05130 -Motor Equipment Metal Mechanic 05160 -Motor Equipment Metal Worker http://www.wdol.gov/wdol/scafiles/std/05-20 17 .txt RATE 15.33 18.76 20.98 23.34 18.84 14.86 17.86 20.25 15.39 14.72 15.59 17.01 19.09 21.01 15.60 15. 45, 16.86 19.07 21.33 23.79 22.59 14.09 16.84 16.84 16.84 18.84 21.01 16.48 23.34 18.78 15.21 16.80 18.57 16.18 18.16 20.31 27.64 23.64 21.87 21.87 19.62 23.96 21.87 1/20/2012 05190 -Motor Vehicle Mechanic 05220 -Motor Vehicle Mechanic Helper 05250 -Motor Vehicle Upholstery Worker 05280 -Motor Vehicle Wrecker 05310 -Painter, Automotive 05340 -Radiator Repair Specialist 05370 -Tire Repairer 05400 -Transmission Repair Specialist 07000 -Food Preparation And Service Occupations 07010 -Baker 07041 -Cook I 07042 -Cook II 07070 -Dishwasher 07130 -Food Service Worker 07210 -Meat Cutter 07260 -Waiter/Waitress 09000 -Furniture Maintenance And Repair Occupations 09010 -Electrostatic Spray Painter 09040 -Furniture Handler 09080 -Furniture Refinisher 09090 -Furniture Refinisher Helper 09110 -Furniture Repairer, Minor 09130 -Upholsterer 11000 -General Services And Support Occupations 11030 -Cleaner, Vehicles 11060 -Elevator Operator 11090 -Gardener 11122 -Housekeeping Aide 11150 -Janitor 11210 -Laborer, Grounds Maintenance 11240 -Maid or Houseman 11260 -Pruner 11270 -Tractor Operator 11330 -Trail Maintenance Worker 11360 -Window Cleaner 12000 -Health Occupations 12010 -knbulance Driver 12011 -Breath Alcohol Technician 12012 -Certified Occupational Therapist Assistant 12015 -Certified Physical Therapist Assi~tant 12020 -Dental Assistant 12025 -Dental Hygienist 12030 -EKG Technician 12035 -Electroneurodiagnostic Technologist 12040 -Emergency Medical Technician 12071 -Licensed Practical Nurse I 12072 -Licensed Practical Nurse II 12073 -Licensed Practical Nurse III 12100 -Medical Assistant 12130 -Medical Laboratory Technician 12160 -Medical Record Clerk 12190 -Medical Record Technician 12195 -Medical Transcriptionist 12210 -Nuclear Medicine Technologist 12221 -Nursing Assistant I 12222 -Nursing Assistant II 12223 -Nursing Assistant III 12224 -Nursing Assistant IV 12235 -Optical Dispenser 12236 -Optical Technician 12250 -Pharmacy Technician 12280 -Phlebotomist 12305 -Radiologic Technologist http://www.wdol.gov/wdol/scafiles/std/05-2017.txt Page 2 of9 23.96 18.53 21.87 21.87 22.86 21.87 17.78 23.96 16.67 15.17 17.46 10.99 13.46 18.87 11.91 25.94 17.36 25.94 19.58 22.74 25.94 11.68 11.68 17.52 14.15 14.15 14.59 10.96 13.18 16.53 14.59 15.67 22.66 20.48 22.50 21.90 20.32 44.92 29.90 29.90 22.66 18.31 20.48 22.84 17.49 21.01 16.04 17.94 20.41 43.70 13.27 14.92 16.28 18.27 20.20 18.31 17.55 18.27 29.67 1/20/2012 12311 -Registered Nurse I 12312 -Registered Nurse II 12313 -Registered Nurse II, Specialist 12314 -Registered Nurse III 12315 -Registered Nurse III, Anesthetist 12316 -Registered Nurse IV 12317 -Scheduler (Drug and Alcohol Testing) 13000 -Information And Arts Occupations 13011 -Exhibits Specialist I 13012 -Exhibits Specialist II 13013 -Exhibits Specialist III 13041 -Illustrator I 13042 -Illustrator II 13043 -Illustrator III 13047 -Librarian 13050 -Library Aide/Clerk 13054 -Library Information Technology Systems Administrator 13058 -Library Technician 13061 -Media Specialist I 13062 -Media Specialist II 13063 -Media Specialist III 13071 -Photographer I 13072 -Photographer II 13073 -Photographer III 13074 -Photographer IV 13075 -Photographer V 13110 -Video Teleconference Technician 14000 -Information Technology Occupations 14041 -Computer Operator I 14042 -Computer Operator II 14043 -Computer Operator III 14044 -Computer Operator IV 14045 -Computer Operator V 14071 -Computer Programmer I 14072 -Computer Programmer II 14073 -Computer Programmer III 14074 -Computer Programmer IV 14101 -Computer Systems Analyst I 14102 -Computer Systems Analyst II 14103 -Computer Systems Analyst III 14150 -Peripheral Equipment Operator 14160 -Personal Computer Support Technician 15000 -Instructional Occupations 15010 -Aircrew Training Devices Instructor (Non-Rated) 15020 -Aircrew Training Devices Instructor (Rated) 15030 -Air Crew Training Devices Instructor (Pilot) 15050 -Computer Based Training Specialist I Instructor 15060 -Educational Technologist 15070 -Flight Instructor (Pilot) 15080 -Graphic Artist 15090 -Technical Instructor 15095 -Technical Instructor/Course Developer 15110 -Test Proctor 15120 -Tutor (see 1) (see 1) (see 1) (see 1) (see 1) (see 1) (see 1) 16000 -Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 -Assembler 16030 -Counter Attendant 16040 -Dry Cleaner 16070 -Finisher, Flatwork, Machine 16090 -Presser, Hand 16110 -Presser, Machine, Drycleaning 16130 -Presser, Machine, Shirts http://www.wdol.gov/wdol/scafiles/std/05-20 17 .txt Page 3 of9 28.98 35.45 35.45 42.88 42.88 51.40 25.38 21.09 25.29 30.90 21.09 25.29 30.90 25.66 15.59 23.84 19.63 16.71 18.70 20.85 19.50 23.82 27.01 33.05 35.10 18.43 17.09 19.12 24.42 25.98 27.62 18.34 27.62 34.09 41.24 49.42 34.09 25.26 44.47 25.25 23.55 28.83 19.12 19.12 11.14 11.14 14.19 11.14 11.14 11.14 11.14 1/20/2012 16160 -Presser, Machine, Wearing Apparel, Laundry 16190 -Sewing Machine Operator 16220 -Tailor 16250 -Washer, Machine 19000 -Machine Tool Operation And Repair Occupations 19010 -Machine-Tool Operator (Tool Room) 19040 -Tool And Die Maker 21000 -Materials Handling And Packing Occupations 21020 -Forklift Operator 21030 -Material Coordinator 21040 -Material Expediter 21050 -Material Handling Laborer 21071 -Order Filler 21080 -Production Line Worker (Food Processing) 21110 -Shipping Packer 21130 -Shipping/Receiving Clerk 21140 -Store Worker I 21150 -Stock Clerk 21210 -Tools And Parts Attendant 21410 -Warehouse Specialist 23000 -Mechanics And Maintenance And Repair Occupations 23010 -Aerospace Structural Welder 23021 -Aircraft Mechanic I 23022 -Aircraft Mechanic JI 23023 -Aircraft Mechanic III 23040 -Aircraft Mechanic Helper 23050 -Aircraft, Painter 23060 -Aircraft Servicer 23080 -Aircraft Worker 23110 -Appliance Mechanic 23120 -Bicycle Repairer 23125 -Cable Splicer 23130 -Carpenter, Maintenance 23140 -Carpet Layer 23160 -Electrician, Maintenance 23181 -Electronics Technician Maintenance I 23182 -Electronics Technician Maintenance II 23183 -Electronics Technician Maintenance III 23260 -Fabric Worker 23290 -Fire Alarm System Mechanic 23310 -Fire Extinguisher Repairer 23311 -Fuel Distribution System Mechanic 23312 -Fuel Distribution System Operator 23370 -General Maintenance Worker 23380 -Ground Support Equipment Mechanic 23381 -Ground Support Equipment Servicer 23382 -Ground Support Equipment Worker 23391 -Gunsmith I 23392 -Gunsmith II 23393 -Gunsmith III 23410 -Heating, Ventilation And Air-Conditioning Mechanic 23411 -Heating, Ventilation And Air Contditioning Mechanic (Research Facility) 23430 -Heavy Equipment Mechanic 23440 -Heavy Equipment Operator 23460 -Instrument Mechanic 23465 -Laboratory/Shelter Mechanic 23470 -Laborer 23510 -Locksmith 23530 -Machinery Maintenance Mechanic 23550 -Machinist, Maintenance 23580 -Maintenance Trades Helper http://www.wdol.gov/wdol/scafiles/std/05-20 l7.txt Page 4 of9 11.14 15.20 16.24 12.16 26.22 32.66 19.56 22.59 22.59 17.01 15.4 9 19.56 17.80 17.80 14.56 19.82 19.56 19.56 29.25 27.66 29.25 30.86 21.69 27.45 24.23 25.48 24.68 19.56 32.26 27.35 24.62 33.25 28.23 33.62 35.69 23.00 25.71 21.40 28.42 24.75 21.71 27.66 24.23 25.48 21.4 0 24.62 27.84 26.32 28.62 30.13 29.79 27.68 26.22 17.01 25.45 27.44 27.84 19.42 1/20/2012 23591 -Metrology Technician I 23592 -Metrology Technician II 23593 -Metrology Technician III 23640 -Millwright 23710 -Office Appliance Repairer 23760 -Painter, Maintenance 23790 -Pipefitter, Maintenance 23810 -Plumber, Maintenance 23820 -Pneudraulic Systems Mechanic 23850 -Rigger 23870 -Scale Mechanic 23890 -Sheet-Metal Worker, Maintenance 23910 -Small Engine Mechanic 23931 -Telecommunications Mechanic I 23932 -Telecommunications Mechanic II 23950 -Telephone Lineman 23960 -Welder, Combination, Maintenance 23965 -Well Driller 23970 -Woodcraft Worker 23980 -Woodworker 24000 -Personal Needs Occupations 24570 -Child Care Attendant 24580 -Child Care Center Clerk 24610 -Chore Aide 24620 -Family Readiness And Support Services Coordinator 24630 -Homemaker 25000 -Plant And System Operations Occupations 25010 -Boiler Tender 25040 -Sewage Plant Operator 25070 -Stationary Engineer 25190 -Ventilation Equipment Tender 25210 -Water Treatment Plant Operator 27000 -Protective Service Occupations 27004 -Alarm Monitor 27007 Baggage Inspector 27008 Corrections Officer 27010 Court Security Officer 27030 -Detection Dog Handler 27040 Detention Officer 27070 -Firefighter 27101 Guard I 27102 Guard II 27131 -Police Officer I 27132 -Police Officer II 28000 -Recreation Occupations 28041 -Carnival Equipment Operator 28042 -Carnival Equipment Repairer 28043 -Carnival Equpment Worker 28210 -Gate Attendant/Gate Tender 28310 -Lifeguard 28350 -Park Attendant (Aide) 28510 -Recreation Aide/Health Facility Attendant 28515 -Recreation Specialist 28630 -Sports Official 28690 -Swimming Pool Operator 29000 -Stevedoring/Longshoremen Occupational Services 29010 -Blocker And Bracer 29020 -Hatch Tender 29030 -Line Handler 29041 -Stevedore I 29042 -Stevedore II 30000 -Technical Occupations http://www.wdol.gov/wdol/scafiles/std/05-2017.txt Page 5 of9 27.68 29.27 30.88 27.84 23.24 24.94 32.26 30.80 27.84 27.84 24.62 27.48 24.62 26.79 30.61 28.61 25.93 27.05 27.84 21.40 12.47 15.54 14.06 16.21 18.94 29.26 28.70 29.26 21.66 28.70 19.71 15.91 27.17 26.28 18.14 27.17 22.4 6 15.91 18.14 31.05 34.50 14.59 15.47 11.99 14.96 12.47 17.23 12.21 26.20 13.72 21.90 24.62 24.62 24.62 27.49 30.43 1/20/2012 30010 -Air Traffic Control Specialist, Center (HFO) 30011 -Air Traffic Control Specialist, Station (HFO) 30012 -Air Traffic Control Specialist, Terminal (HFO) 30021 -Archeological Technician I 30022 -Archeological Technician II 30023 -Archeological Technician III 30030 -Cartographic Technician 30040 -Civil Engineering Technician 30061 -Drafter/CAD Operator I 30062 -Drafter/CAD Operator II 30063 -Drafter/CAD Operator III 30064 -Drafter/CAD Operator IV 30081 -Engineering Technician I 30082 -Engineering Technician II 30083 -Engineering Technician III 30084 -Engineering Technician IV 30085 -Engineering Technician V 30086 -Engineering Technician VI 30090 -Environmental Technician 30210 -Laboratory Technician 30240 -Mathematical Technician 30361 -Paralegal/Legal Assistant I 30362 -Paralegal/Legal Assistant II 30363 -Paralegal/Legal Assistant III 30364 -Paralegal/Legal Assistant IV 30390 -Photo-Optics Technician 30461 -Technical Writer I 30462 -Technical Writer II 30463 -Technical Writer III 30491 -Unexploded Ordnance (UXO) ·Technician I 30492 -Unexploded Ordnance (UXO) Technician II 30493 -Unexploded Ordnance (UXO) Technician III 30494 -Unexploded (UXO) Safety Escort 30495 -Unexploded (UXO) Sweep Personnel 30620 -Weather Observer, Combined Upper Air Or Surface Programs (see 2) (see 2) (see 2) (see 2) 30621 -Weather Observer, Senior (see 2) 31000 -Transportation/Mobile Equipment Operation Occupations 31020 -Bus Aide 31030 -Bus Driver 31043 -Driver Courier 31260 -Parking and Lot Attendant 31290 -Shuttle Bus Driver 31310 -Taxi Driver 31361 -Truckdriver, Light 31362 -Truckdriver, Medium 31363 -Truckdriver, Heavy 31364 -Truckdriver, Tractor-Trailer 99000 -Miscellaneous Occupations 99030 -Cashier 99050 -Desk Clerk 99095 -Embalmer 99251 -Laboratory Animal Caretaker I 99252 -Laboratory Animal Caretaker II 99310 -Mortician 99410 -Pest Controller 99510 -Photofinishing Worker 99710 -Recycling Laborer 99711 -Recycling Specialist 99730 -Refuse Collector 99810 -Sales Clerk 99820 -School Crossing Guard 99830 -Survey Party Chief http://www.wdol.gov/wdol/scafiles/std/05-2017.txt Page 6 of9 35.77 24.66 27.16 21.4 6 24.90 29.4 6 31.78 29.63 23.41 27.28 29.19 34.79 22.72 26.56 29.74 33.02 38.08 45.77 22.13 26.61 32.95 21.93 27.15 33.22 40.20 32.95 20.22 24.72 33.98 22.74 27.51 32.97 22.74 22.74 29.19 32.42 12.71 19.13 17.79 13.19 17.89 15.74 17.89 19.85 22.18 22.18 12.27 14.09 22.74 12.34 20.92 22.74 22.53 11.95 25.38 30.29 22.92 13.82 16.32 26.44 1/20/2012 Page 7 of9 99831 -Surveying Aide 99832 -Surveying Technician 99840 -Vending Machine Attendant 99841 -Vending Machine Repairer 99842 -Vending Machine Repairer Helper 17.60 24.04 17.01 19.91 17.01 ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH & WELFARE: $3.59 per hour or $143.60 per week or $622.27 per month VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174) THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING: 1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541. 400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination. Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; (2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; (3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of which http://www. wdo l.gov /wdol/scafi les/ std/05-20 17. txt 1/20/2012 Page 8 of9 requires the same level of skills. (29 C.F.R. 541.400). 2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS -NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work) . HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordinance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving regrading and cleaning of artillery ranges. A 4 ,percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordance, explosives,' and incendiary material differential pay. ** UNIFORM ALLOWANCE ** If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rat'e below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHO home page at http://www.dol. gov/esa/whd/ or through the Wage Determinations On-Line (WOOL) Web site at http://www.wdol.gov/wdollscafiles/std/05-20 17.txt 1/20/2012 Page 9 of9 http://wdol.gov/. REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)} Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 (C) (vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed. The process for preparing a conformance request is as follows: 1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s}. 2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grC>de equivalency (FGE) for each proposed classification(s), job description(s}, and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es} of employees performs any contract work. 3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b) (2} of Regulations 29 CFR Part 4). 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request. 5} The contracting officer transmits the Wage and Hour decision to the contractor. 6) The contractor informs the affected employees. Information required by the Regulations must be submitted on SF 1444 or bond paper. When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination. http://www.wdol.gov/wdol/scafiles/std/05-2017.txt 1/20/2012 APPENDIX E MINIMUM SAFETY REQUIREMENTS Subcontract 9120008-001 Project 9120008 APPENDIX E-MINIMUM SAFETY REQUIREMENTS ------------------------- Minimum Safety Requirements for Subcontractors Subcontract 9120008-00 I Project 9120008 • Subcontractor is required to supply their employees with the proper personal protective equipment as required. • ANSI approved hard hats must be worn while in the work area as indicated on the Site Safety and Health Plan. • ANSI approved safety glasses with rigid side shields must be worn while in the work area. • Substantial/sturdy work boots are required while on site. Sandals, tennis shoes, or any other soft cloth, nylon, and/or low cut shoes are NOT permitted. Steel toe shoes and/or foot guards may be required for trades or any activities that could present an impact or compression hazard to the foot (i.e. steel erectors, masonry, work that involves lifting, rolling, material handling, jack hammering, compacting, pile driving, drilling, or any other activity that is otherwise indicated on the Site Safety and Health Plan (SSHP)). • Work gloves (leather, Kevlar, or other) must be worn while handling sharp or abrasive objects. • Long pants are required. Nylon warm-up suits are NOT permitted on the job site. • Work shirts with at least 4" sleeves are required. Sleeveless and tank top shirts are NOT permitted. • Hearing protection, respiratory protection, chemical resistant clothing, gloves, boots, and other personal protective equipment shall be worn when required based on the hazard assessment of the job site as indicated on the SSHP. • All employees shall wear full body safety harnesses when working 6 feet or more above the ground on any unprotected ledge or work platform. The lanyard shall be secured 100% of the time and shall allow a max fall distance of 6 feet. Safety harnesses shall also be worn while working out of extensible and articulating boom platforms or suspended scaffolds. All employees required to use fall protection shall have received appropriate training by the subcontractor. • All hand, power tools, and any associated parts such as electrical cords, air lines, etc. shall be maintained in a safe condition and inspected prior to each use and monthly. Damaged tools must be tagged and taken out of service until repairs can be made. Electrical cords may not be spliced and taped back together. • Ground fault circuit interrupters (GFCI) shall be used for all electrical equipment that may come in contact with moisture, on all temporary power, and on all portable generators > 5000 watts. • Compressed gas cylinders shall be secured and stored in an appropriate area in an upright position at all times. • Oxygen and acetylene cylinders or other combustible materials shall be separated by a minimum distance of 20 feet or a non combustible barrier 5 feet high with a Yz hour fire rating; Anti-flash back valves are required on oxygen/acetylene. • All scaffolds will be erected, used, and dismantled under the supervision of a trained, competent person designated by the subcontractor. Scaffolds must be inspected + tagged by the subcontractor competent person prior to each work shift • All cranes and derricks shall be certified by a competent person designated by the subcontractor as being in safe operating condition prior to use onsite and inspected monthly thereafter; all rigging equipment will be inspected prior to use and monthly by a competent person designated by the subcontractor; the swing radius of the crane counterweight shall be barricaded. Personnel are not permitted to walk under loads while being lifted and loads are not permitted to be swung over personnel; Critical lifts (lifts that require more than one crane or over 75% of the manufacturer's recommended lift capacity) must be approved by Bhate Corporate Health and Safety. • Equipment will not be operated within 25 feet of any overhead utilities. • All equipment and motor vehicles must be inspected with documentation prior to use and monthly by the subcontractor. • Defective equipment or vehicles will be repaired or taken out of service immediately. • All mobile equipment will be equipped with roll-over protection and seat belts to be worn at all times while in operation. • All operators of construction equipment must be certified by a competent person designated by the subcontractor. • All mobile equipment onsite must have a functioning back-up alarm where equipped by the manufacturer. If a piece of equipment was not equipped with a back-up alarm, the horn shall be used prior to and during backing. APPENDIX E-MINIMUM SAFE1Y REQUIREMENTS Subcontract 9120008-00 I Project 9120008 • All electrical work, installation, and wire capacities shall be in accordance with the pertinent provisions of the NEC, ANSI, and OSHA • Bhate shall issue a lockout and tag procedure. • All temporary power panels shall have covers installed at all times. All open or exposed breaker spaces shall be adequately covered and labeled. Knockout plugs shall be replaced immediately. • The use of damaged ladders is prohibited. • Metal ladders are not to be used where electrical hazards exist. • Ladders shall extend 36" above landing and be secured to prevent displacement. • Floor and wall openings shall be guarded by a standard guardrail and toe board, or adequately covered and labeled • Stairs with four or more risers must have railings installed. • The subcontractor must notify the Bhate Superintendent prior to conducting any excavation activity. Underground utilities must be identified prior to performing excavations by calling 811 (one call utility locate service). No excavations can occur within a 4 foot "buffer zone" of any underground utility. • Excavations must be inspected daily with documentation by a competent person and after each rainfall and/or any other hazard increasing occurrence to determine their safety. All excavations four feet or more in depth shall be tested at least daily to determine that the atmosphere within the excavation is safe if there is reason to believe an atmospheric hazard has the potential to exist. • All banks five feet high or more shall be sloped to the angle of repose (i.e. Type A soil = 53 degree angle from horizontal; Type B = 45 degrees; and Type C = 34 degrees), shall be shielded, or shall be adequately shored. The protection system used for the excavation shall be determined by classifying the soil by a competent person. • Ladders or steps shall be provided for all trenches or excavations 4 feet or more in depth and shall be located to require no more than 25 feet of lateral travel before having access or egress. • Excavated or loose materials must be kept at least 2 feet from the edge of the excavation. • All trenches and excavations shall be properly barricaded to prevent persons walking into them. • Steel erection shall not commence until approval is obtained by Bhate; all personnel performing steel erection must be trained in fall protection, and any specialized training for connectors for employees working in the controlled decking zone. • As applicable the subcontractors shall have a confined space program submitted to and approved by Bhate including entry procedures to be used when employees are required to work in confined spaces. All affected employees must be properly trained. Atmospheric testing must be conducted prior to entry and hazards must be communicated with affected individuals. Bhate shall! be notified prior to any confined space work. • The subcontractor is responsible for supplying the necessary equipment and calibration gases to conduct atmospheric testing for their affected employees as required by OSHA and/or the SSHP. • Housekeeping must be maintained by the subcontractor while working on site. Bhate must be notified of any hazardous material brought on site with MSDS provided by the subcontractor and/or of any hazardous waste generated at the site. The subcontractor is responsible for storage of their hazardous waste and proper disposal. Documentation of proper disposal must be submitted to Bhate. • All protruding nail, tie rods and wires shall be removed from foundations or boards as soon as forms are stripped. Nails shall be bent over if not removed. • All protruding rebar must have cap impalement protectors in place. • No open fires of scrap lumber or any other material are permitted. Smoking is only allowed in pre- designated areas. • Subcontractor will make provisions for prompt medical attention in case of emergency. The subcontractor will ensure that at least one employee on site has First Aid/CPR training. The subcontractor will provide first aid supplies for their employees and will provide proper equipment for transportation of the injured person to a physician or hospital or a communication system for contacting necessary ambulance services. • No alcohol or illegal substances are allowed on site. Drug testing will be required of any employee for reasonable cause of suspicious behavior or activity including accidents or incidents. • All injuries, accidents, near misses, chemical spills, fires, property damage, or other incidents must be reported immediately to Bhate. APPENDIX E-MINIMUM SAFETY REQUIREMENTS ~bhate ~ lt S S (.1 C I ;"'\j t (• S Subcontract 9120008-001 Project 9120008 • Prior to any demolition projects, Bhate may require an engineering suNey to be completed and used to evaluate the hazards; all affected utilities must be disconnected by the utility companies; provisions must be made for prompt medical attention in the event of an emergency; a fire prevention and protection plan must be developed and implemented. • The subcontractor must designate a competent person as their safety representative who will be responsible for attending and/or conducting weekly safety meetings, daily inspections of the work areas, formal weekly inspections, as well as all aforementioned monthly inspections. Documentation of all inspections must be maintained and available upon request. • The subcontractor may be required to submit a copy of all written safety programs that covers the subcontractor's activities to the Bhate prior to start of work for approval; the subcontractor is responsible for ensuring all affected employees have all required health and safety training to perform the assigned tasks. This list includes some highlighted components of the health and safety rules while working onsite and is not all inclusive. Subcontractors are expected to comply with all applicable regulations to include but not limited to OSHA, EPA, DOT, site specific safety, and local and state regulations. Only through a written request detailing to Bhate Corporate Health and Safety may any subcontractor requirement be downgraded either based on a lack of hazard or a situation where the requirement increases the hazard. APPENDIX E -·MINIMUM SAFETY REQUIREMENTS