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HomeMy WebLinkAbout3875 EFF. 11.30.2007 3002- 135-163AWARD/CONTRACT 1. THIS CONTRACT ISA RATED ORDER RATING PAGE OF PAGES UNDER DPAS (15 CFR 350) 1 28 2. CONTRACT (Prop. Inst Ident) NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUEST/PROJECT NO. N44255-08-C-3002 30 Nov 2007 5. ISSUED BY CODE N44255 6. ADMINISTERED BY (Ifotherthanla, 5) CODE NAVFAC NORTMAEST 1101 TAUTOG CIRCLE, SUITE 203 SILVERDALE M%315-1101 See Item 5 7. NAME AND ADDRESS OF CONTRACTOR (No, street, city, coupy, state aodzipcode) 8. DELIVERY CITY OF BREMERTON FOB ORIGIN X] OTHER (See below) 3027OLYMPUS DR 9. DISCOUNT FOR PROMPT PAYMENT BREMERTON WA9B310-4799 10. SUBMIT INVOICES 1 ITEM 4copies unless othenvue specied) TO THE ADDRESS SHOWN IN. CODE 04DN7 IFACILITY CODE 11. SHIP TO/MARK FOR CODE 12. PAYMENT WILL BE MADE BY CODE HQ0103 DFAS CLEVELAND NORFOLKACCOUNTS PAYABLE PO BOX 998022 CLEVELAND OH 44199 See Schedule 13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN 14. ACCOUNTINGAND APPROPRIATION DATA COMPETITION: X 1 10 U.S.C. 2304(c)( 1 ) [ ] 41 U.S.C. 253(c)( ) 15A. ITEM NO. 15B. SUPPLIES/ SERVICES 15C. QUANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT SEE SCHEDULE 15G. TO TAL AMO UNT O F C O NTRAC T $0.00 16. TABLE OF CONTENTS X) SEC. DESCRIPTION PAGE X SEC. DESCRIPTION PAGE PART I - THE S C HEDULE PART II - CONTRACT CLAUSES X A SOLICITATION/ CONTRACT FORM 1 X I CONTRACT CLAUSES 11-27 X B SUPPLIES OR SERVICESAND PRICES/ COSTS 2 PARTIII- LISTOFDOCUMFNTS EXHIBITS AND OTHERATTACHMFNTS X C DESCRIPTION/ SPECS./ WORK STATEMENT X I J ILIST OF ATTACHMENTS 1283-4 X D PACKAGING AND MARKING 5 PART IV - REPRESFNTATIONS AND INSTRUCTIONS X E INSPECTION AND ACCEPTANCE 6 REPRESENTATIONS, CERTIFICATIONS ANDKXFDELIVERIESORPERFORMANCE7OTHERSTATEMENTSOFOFFERORS X G CONTRACT ADMINISTRATION DATA 8-9 L 1INSTRS., CONDS. AND NOT ICES T 0 OFFERORS X H SPECIAL CONTRACT REQUIREMENTS 10 M I EVALUAT ION FACT ORS FOR AWARD CONT RACT ING OFFI CER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE 17. [ )(1 CONTRACTORS NEGOTIATED AGREEMENT Contractor is required to sign this 18. [ ] AWARD (Contractor isnotrequiredto sign this document) Your offer on Solicitation Number document and ref iml conies to issuing office.) Contractor agrees to furnish and deliver all items or perform all the services set forth or otherwise identified above and on any continuation sheets for the consideration stated herein. The rights and obligations of the parties tothis including the additions or changes made by you which additions or changes are set forth in full contract shall be subj ectto and governed by the following documents: (a) this award/contract, above, is hereby accepted as to the items listed above and on any continuation sheets. This award consummates b) the solicitation, if any, and (c) such provisions, representations, certifications, and specifications, the contract which consists of the following documents: (a) the Governments solicitation and your offer, and as are attached or incorporated by reference herein. b) this award/contract No further contractual document is necessary. Attachments are listed herein.) 19A. NAME AND TITLE OF SIGNER (Tipeorprint) 20A. NAME AND TITLE OF CONTRACTING OFFICER CHARLES D. BENSON / CONTRACT SPECIALIST TEL: 360-396-0052 EMAIL: chuck. benson@vy.mil 19B. NAME OF CONTRACTOR 19C. DATE SIGNED 20B. UNITED ST AT ES OF AMERICA 20C. DATE SIGNED a"AF'd ,,. 30-Nov-2007 BY BY Signor-e ofperaon authorized to sign) Signatw-e ofConb-acfing Of/icer) NSN 7540-01-152-8069 26107 STANDARD FORM 26 (REV. 4-85) PREVIOUS EDITION UNUSABLE GPO 1985 0-469-794 Prescribed by GSA FAR (48 CFR) 53.214(a) N44255 -08-C-3002 Page 2 of 28 Section B - Supplies or Services and Prices ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 10 Years $0.00 $0.00 Provide Potable water for NavHosp brem FFP Price for metered water at the Naval Hosptial, Hospital Administration buildings, and BEQ's shall be based on Appendix A of the City of Bremerton's Municipal Code 15.06 (Within City Limits) provided as Attachment J.1.and is based on the applicable meter sizes. See Attachment J.2 for account and meter size information. FOB: Destination NET AMT 0.00 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 10 Years $0.00 $0.00 Provide Sewer Service to NavHosp brem FFP Price for sewage at Naval Hospital, HospitalAdminstration Buildings and BEQ's shall be based on the City's retail Commecial I rate as indicated in Appendix A of the City of Bremerton's Municipal Code 15.06 (Within City Limits) provided as Attachment J.1.See Attachment J.2 for account and meter size information. FOB: Destination NET AMT $0.00 N44255 -08-C-3002 Page 3 of 28 Section C - Descriptions and Specifications DESCRIPTION OF SERVICES C.1 General Requirements: The contractor shall provide all labor, supervision, tools, equipment, and transportation necessary to provide for services under this contract. C.2 Premises to be Served: Naval Hospital Bremerton Buildings 01, 03, 05, 08, 12, 14, 16, 17, 87, 88 and the Satellite Pharmacy Boon Road Bremerton, WA C.3 Points of Defivery (P.O.D.): CLIN — 0001 - Water shall be supplied by the City of Brremerton to the Naval Hospital via the two connections at Jackson Park Housing (contract N44255 -08-C-3001). One P.O.D. is located near the southwesterly corner of Jackson Park Housing at Austin Drive and Olding Road, easterly along Olding Road approximately 400 feet. This P.O.D. is a 10" diameter supply pipe with a 10" meter. The second P.O.D. is located near the southeasterly corner of Jackson Park Housing, approximately 100 feet beyond Root Court and this is the 8" supply pipe and meter. CLIN — 0002 - Wastewater shall be received and metered by the City of Bremerton at the PO.D. near the City's lift station #16 at the easterly end of Dowell Road. C.4 Estimated Service: CLIN 0001 - WATER Estimated annual volume: 25,000 HCF CLIN 0002 - SEWER Estimated annual Volume: 21,000 HCF C.5 Service to be Rendered: WATER: The City shall provide at its expense all necessary facilities and permits required to connect the City of Bremerton water distribution system to the Government water system at the points of delivery specified in this contract for the purpose ofproviding reliable water service to Naval Hospital Bremerton. The City shall take all reasonable efforts to proivde a peak fire flow demand (combined from both P.O.D.'s) of 3750 gpm at a residual pressure of approximately 75 prig at the Root Court connection and a residual pressure of approximately 40 prig at the Olding Road connection. A measure of normal pressures at the nearest fire hydrants (no hydrant flow) to the P.O.D.'s at the start of this contract show approximately 85 prig at Root Court and 50 prig at Olding Road. The city shall maintain a minimum normal pressure range within 10% of these pressures at the respective P.O.D.s. The water supplied will be clear, potable, and safe for human consumption. The water supplied shall be in accordance with the applicable standards as promulgated by, and as may be revised by, Federal, state, and local agencies having regulatory authority. SEWER: The City shall provide at its expense all necessary facilities and permits required to receive, carry, treat, and dispose of sewage from Naval Hospital Bremerton at the point of delivery specified in this contract. The City shall receive, carry, treat, and dispose of sewage in a manner, and by such means, as will not constitute a hazard to the public health. The City shall operate its sewage facilities in conformity with applicable laws, rules, and regulations as promulgated by, and as may be revised by, Federal, state, and local agencies having regulatory authority. N44255 -08-C-3002 Page 4 of 28 C.6 Term of Service: This contract shall be in effect for a period of ten (10) years after the award date shown in Block 20C of the SF 26 contract document or until terminated at the option of the Government by giving written notice to the City of Bremerton not less that 30 days in advance of the effective date of termination. C.7 Rate Schedule: Water and Sewer rates charged on this contract shall be in accordance with the City of Bremerton's current rates and charges for the "Within -City Limits" category as shown in Appendix A of Chapter 15.06 - Assessments, Rates, Fees, and Charges found in the Bremerton Municpal Code provided as Attachment J.1. This Municipal Code may also be found at the city's website at the following link: hlW://www.codepublishing.coliVwa/breinerton/breinertonl 5/bremerton l 506.htm1# 15.06.03 0 Bremerton Naval Hospital is considered "Comercial I" for wastewater services Attachment J.2 provides a map of meter locations. Attachment J.3 provides a listing of water and sewer account information. End of Section C N44255 -08-C-3002 Page 5 of 28 Section D - Packaging and Marking PACKAGING AND MARKING This section is not applicable N44255 -08-C-3002 Page 6 of 28 Section E - Inspection and Acceptance INSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 N/A N/A N/A Government 0002 N/A N/A N/A Government Section F - Deliveries or Performance DELIVERY INFORMATION CLIN DELIVERY DATE 0001 N/A QUANTITY SHIP TO ADDRESS N/A N/A N44255 -08-C-3002 Page 7 of 28 UIC N/A 0002 N/A N/A N/A N/A N44255 -08-C-3002 Page 8 of 28 Section G - Contract Administration Data CONTRACT ADMINSTRATION G.1 Pavments: The City shall be paid by the designated disbursing office for services furnished under the contract at the rates specified. All bills for regular monthly service shall be paid according to the Prompt Payment Act. The Government shall be entitled to any discounts customarily applicable to payment of bills by all customers of the City under like conditions of service. The Government shall notify the City, in writing, within 30 days following receipt of any disputed billing. The Government may pay the disputed billings in full under protest, pending a negotiated resolution pursuant to an appropriate audit, if required, and in accordance with the Disputes Clause of the contract. G. 2 Invoices: Invoices for water and sewage service provided under CLINS 0001 and 0002 shall contain statements of the meter readings at the beginning and end of the billing period, including the consumption during the billing period. Invoices will also clearly state the negotiated rate(s) or City rate applied to the appropriate CLINs. The fixed and volumetric components of the appropriate rate(s) shall be clearly identified. Navy contract number, N44255 -08-C-3002, the individual city utility account and applicable meter numbers shall also be clearly presented on the invoice. Water and sewage billing shall be on a monthly basis. All copies of invoices shall be submitted directly to the following address: Commanding Officer Attn: Code 074 Building 01, Boone Road Bremerton, WA 98312 G.3 Other Communication: All other communication regarding this contract shall be addressed as follows: Utility Service Provider City of Bremerton Attn: Public Works Department 3027 Olympus Drive Bremerton, WA 98270 Government: Department of Navy Naval Facilities Engineering Command Northwest Attention: Utilities Contracts 1101 Tautog Circle Silverdale, WA 98315-1101 GA Accounting and Appropriation Data: The Certifying Official shall cite funding for recurring services on each invoice. Nonrecurring services will normally be procured through contract modification and shall be separately invoiced. G.5 Accounting Procedures: The City shall comply with the requirements of the latest revised Office of Management and Budget (OMB) Circular A-87, "Cost Principles for State, Local, and Indian Tribe Governments". Compliance with OMB Circular A-87 will be monitored through Navy review of the periodic reports generated by the Budgeting, Accounting, and Reporting System (BARS) of the Washington State Auditor's Office. G.6 Rate Changes: The City shall notify the Navy of any rate changes as far in advance as is reasonable. Changes in rates or terms and conditions of service are subject to the provisions of FAR Clause 52.241-8, "Change in Rates or Terms and Conditions of Service for Unregulated Services (Feb 1995). N44255 -08-C-3002 Page 9 of 28 CLAUSES INCORPORATED BY FULL TEXT NAVFAC 5252.201-9300 CONTRACTING OFFICER AUTHORITY (JUN 1994) In no event shall any understanding or agreement between the Contractor and any Government employee other than the Contracting Officer on any contract, modification, change order, letter or verbal direction to the Contractor be effective or binding upon the Government. All such actions must be formalized by a proper contractual document executed by an appointed Contracting Officer. The Contractor is hereby put on notice that in the event a Government employee other than the Contracting Officer directs a change in the work to be performed or increases the scope of the work to be performed, it is the Contractor's responsibility to make inquiry of the Contracting Officer before making the deviation. Payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government. (End of clause) N44255 -08-C-3002 Page 10 of 28 Section H - Special Contract Requirements SPECIAL CONTRACT REQUIREMENTS H.1 The Government agrees to comply with all municipal codes and ordinances relating to water and sewer utilities, as they now read or are from time to time amended. N44255 -08-C-3002 Page 11 of 28 Section I - Contract Clauses CLAUSES INCORPORATED BY REFERENCE 52.202-1 Definitions JUL 2004 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti -Kickback Procedures JUL 1995 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or JAN 1997 Improper Activity 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-12 Limitation On Payments To Influence Certain Federal SEP 2007 Transactions 52.204-4 Printed or Copied Double -Sided on Recycled Paper AUG 2000 52.204-7 Central Contractor Registration JUL 2006 52.209-6 Protecting the Government's Interest When Subcontracting SEP 2006 With Contractors Debarred, Suspended, or Proposed for Debarment 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-21 Requirements for Cost or Pricing Data or Information Other OCT 1997 Than Cost or Pricing Data --Modifications 52.219-8 Utilization of Small Business Concerns MAY 2004 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards Act - Overtime JUL 2005 Compensation 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-36 Affirmative Action For Workers With Disabilities JUN 1998 52.222-37 Employment Reports On Special Disabled Veterans, Veterans SEP 2006 Of The Vietnam Era, and Other Eligible Veterans 52.222-39 Notification ofEmployee Rights Concerning Payment of DEC 2004 Union Dues or Fees 52.223-5 Pollution Prevention and Right -to -Know Information AUG 2003 52.223-5 Alt I Pollution Prevention and Right -to -Know Information (Aug AUG 2003 2003) Alternate I 52.223-6 Drug -Free Workplace MAY 2001 52.225-13 Restrictions on Certain Foreign Purchases FEB 2006 52.232-1 Payments APR 1984 52.232-11 Extras APR 1984 52.232-17 Interest JUN 1996 52.232-23 Assignment Of Claims JAN 1986 52.232-25 Prompt Payment MAR 2001 52.232-33 Payment by Electronic Funds Transfer --Central Contractor OCT 2003 Registration 52.232-34 Payment By Electronic Funds Transfer --Other Than Central MAY 1999 Contractor Registration 52.233-1 Disputes JUL 2002 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And APR 1984 Vegetation 52.237-3 Continuity Of Services JAN 1991 N44255 -08-C-3002 Page 12 of 28 52.241-2 Order of Precedence - Utilities FEB 1995 52.241-4 Change in Class of Service FEB 1995 52.241-5 Contractor's Facilities FEB 1995 52.241-11 Multiple Service Locations FEB 1995 52.242-1 Notice of Intent to Disallow Costs APR 1984 52.242-13 Bankruptcy JUL 1995 52.243-1 Alt I Changes --Fixed Price (Aug 1987) - Alternate I APR 1984 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items MAR 2007 52.247-64 Preference for Privately Owned U.S. - Flag Commercial FEB 2006 Vessels 52.249-2 Termination For Convenience Of The Government (Fixed- MAY 2004 Price) 52.249-8 Default (Fixed -Price Supply & Service) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- DEC 2004 Contract -Related Felonies 252.203-7002 Display Of DOD Hotline Poster DEC 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By DEC 2006 The Government of a Terrorist Country 252.223-7006 Prohibition On Storage And Disposal Of Toxic And APR 1993 Hazardous Materials 252.241-7000 Superseding Contract DEC 1991 252.241-7001 Government Access DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998 252.247-7023 Transportation of Supplies by Sea MAY 2002 CLAUSES INCORPORATED BY FULL TEXT 52.215-8 ORDER OF PRECEDENCE --UNIFORM CONTRACT FORMAT (OCT 1997) Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order: a) The Schedule (excluding the specifications). b) Representations and other instructions. c) Contract clauses. d) Other documents, exhibits, and attachments. e) The specifications. End of clause) 52.222-26 EQUAL OPPORTUNITY (MAR 2007) ALTERNATE I (FEB 1999) Notice. The following terms of this clause are waived for this contract: NA N44255 -08-C-3002 Page 13 of 28 a) Definition. United States, as used in this clause, means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. b)(1) If, during any 12 -month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of 10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. 2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5). c) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5. 2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. This shall include, but not be limited to, (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer, (v) recruitment or recruitment advertising, (vi) layoff or termination, (vii) rates of pay or other forms of compensation, and (viii) selection for training, including apprenticeship. 3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. 4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 5) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. 6) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. 7) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form 100 (EEO -1), or any successor form, as prescribed in 41 CFR part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms. 8) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that implement the Executive Order. 9) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or N44255 -08-C-3002 Page 14 of 28 order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law. 10) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. 11) The Contractor shall take such action with respect to any subcontract or purchase order as the contracting officer may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. c) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.1. End of clause) 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA AND OTHER ELIGIBLE VETERANS (SEP 2006) ALTERNATE I (DEC 2001) Notice: The following term(s) of this clause are waived for this contract: NA a) Definitions. As used in this clause -- All employment openings means all positions except executive and top management, those positions that will be filled from within the Contractor's organization, and positions lasting 3 days or less. This term includes full-time employment, temporary employment of more than 3 days duration, and part-time employment. Executive and top management means any employee -- 1) Whose primary duty consists of the management of the enterprise in which the individual is employed or of a customarily recognized department or subdivision thereof; 2) Who customarily and regularly directs the work of two or more other employees; 3) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; 4) Who customarily and regularly exercises discretionary powers; and 5) Who does not devote more than 20 percent or, in the case of an employee of a retail or service establishment, who does not devote more than 40 percent of total hours of work in the work week to activities that are not directly and closely related to the performance of the work described in paragraphs (1) through (4) of this definition. This paragraph (5) does not apply in the case of an employee who is in sole charge of an establishment or a physically separated branch establishment, or who owns at least a 20 percent interest in the enterprise in which the individual is employed. N44255 -08-C-3002 Page 15 of 28 Other eligible veteran means any other veteran who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. Positions that will be filled from within the Contractor's organization means employment openings for which the Contractor will give no consideration to persons outside the Contractor's organization (including any affiliates, subsidiaries, and parent companies) and includes any openings the Contractor proposes to fill from regularly established "recall" lists. The exception does not apply to a particular opening once an employer decides to consider applicants outside of its organization. Qualified special disabled veteran means a special disabled veteran who satisfies the requisite skill, experience, education, and other job-related requirements of the employment position such veteran holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position. Special disabled veteran means -- 1) A veteran who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Department ofVeterans Affairs for a disability -- i) Rated at 30 percent or more; or ii) Rated at 10 or 20 percent in the case of a veteran who has been determined under 38 U.S.C. 3106 to have a serious employment handicap (i.e., a significant impairment of the veteran's ability to prepare for, obtain, or retain employment consistent with the veteran's abilities, aptitudes, and interests); or 2) A person who was discharged or released from active duty because of a service -connected disability. Veteran of the Vietnam era means a person who -- 1) Served on active duty for a period of more than 180 days and was discharged or released from active duty with other than a dishonorable discharge, if any part of such active duty occurred -- i) In the Republic of Vietnam between February 28, 1961, and May 7, 1975; or ii) Between August 5, 1964, and May 7, 1975, in all other cases; or 2) Was discharged or released from active duty for a service -connected disability if any part of the active duty was performed -- i) In the Republic of Vietnam between February 28, 1961, and May 7, 1975; or ii) Between August 5, 1964, and May 7, 1975, in all other cases. b) General. (1) The Contractor shall not discriminate against the individual because the individual is a special disabled veteran, a veteran of the Vietnam era, or other eligible veteran, regarding any position for which the employee or applicant for employment is qualified. The Contractor shall take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled veterans, veterans of the Vietnam era, and other eligible veterans without discrimination based upon their disability or veterans' status in all employment practices such as -- i) Recruitment, advertising, and job application procedures; ii) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring; N44255 -08-C-3002 Page 16 of 28 iii) Rate of pay or any other form of compensation and changes in compensation; iv) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; v) Leaves of absence, sick leave, or any other leave; vi) Fringe benefits available by virtue of employment, whether or not administered by the Contractor; vii) Selection and financial support for training, including apprenticeship, and on-the-job training under 38 U.S.C. 3687, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training, viii) Activities sponsored by the Contractor including social or recreational programs; and ix) Any other term, condition, or privilege of employment. 2) The Contractor shall comply with the rules, regulations, and relevant orders of the Secretary of Labor issued under the Vietnam Era Veterans' Readjustment Assistance Act of 1972 (the Act), as amended (38 U.S.C. 4211 and 4212). c) Listing openings. (1) The Contractor shall immediately list all employment openings that exist at the time of the execution of this contract and those which occur during the performance ofthis contract, including those not generated by this contract, and including those occurring at an establishment of the Contractor other than the one where the contract is being performed, but excluding those of independently operated corporate affiliates, at an appropriate local public employment service office of the State wherein the opening occurs. Listing employment openings with the U.S. Department of Labor's America's Job Bank shall satisfy the requirement to list jobs with the local employment service office. 2) The Contractor shall make the listing of employment openings with the local employment service office at least concurrently with using any other recruitment source or effort and shall involve the normal obligations of placing a bona fide job order, including accepting referrals of veterans and nonveterans. This listing of employment openings does not require hiring any particular job applicant or hiring from any particular group ofjob applicants and is not intended to relieve the Contractor from any requirements of Executive orders or regulations concerning nondiscrimination in employment. 3) Whenever the Contractor becomes contractually bound to the listing terms of this clause, it shall advise the State public employment agency in each State where it has establishments of the name and location of each hiring location in the State. As long as the Contractor is contractually bound to these terms and has so advised the State agency, it need not advise the State agency of subsequent contracts. The Contractor may advise the State agency when it is no longer bound by this contract clause. d) Applicability. This clause does not apply to the listing of employment openings that occur and are filled outside the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands of the United States, and Wake Island. e) Postings. (1) The Contractor shall post employment notices in conspicuous places that are available to employees and applicants for employment. 2) The employment notices shall -- i) State the rights of applicants and employees as well as the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants who are special disabled veterans, veterans of the Vietnam era, and other eligible veterans; and N44255 -08-C-3002 Page 17 of 28 ii) Be in a form prescribed by the Deputy Assistant Secretary for Federal Contract Compliance Programs, Department of Labor (Deputy Assistant Secretary of Labor), and provided by or through the Contracting Officer. 3) The Contractor shall ensure that applicants or employees who are special disabled veterans are informed of the contents of the notice (e.g., the Contractor may have the notice read to a visually disabled veteran, or may lower the posted notice so that it can be read by a person in a wheelchair). 4) The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement, or other contract understanding, that the Contractor is bound by the terms of the Act and is committed to take affirmative action to employ, and advance in employment, qualified special disabled veterans, veterans of the Vietnam era, and other eligible veterans. f) Noncompliance. If the Contractor does not comply with the requirements of this clause, the Government may take appropriate actions under the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. g) Subcontracts. The Contractor shall insert the terms ofthis clause in all subcontracts or purchase orders of 100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Deputy Assistant Secretary of Labor to enforce the terms, including action for noncompliance. End of clause) 52.233-1 DISPUTES. (JUL 2002) -- ALTERNATE I (DEC 1991) a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. c) Claim, as used in this clause, means a written demand or written assertion by one ofthe contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. 2) (i) Contractors shall provide the certification specified in subparagraph (d)(2)(iii) of this clause when submitting any claim - A) Exceeding $100,000; or B) Regardless of the amount claimed, when using - 1) Arbitration conducted pursuant to 5 U.S.C. 575-580; or 2) Any other alternative means of dispute resolution (ADR) technique that the agency elects to handle in accordance N44255 -08-C-3002 Page 18 of 28 with the Administrative Dispute Resolution Act (ADRA). ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor. 3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim. e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor -certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use ADR. If the Contractor refuses an offer for alternative disputes resolution, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the request. When using arbitration conducted pursuant to 5 U.S.C. 575-580, or when using any other ADR technique that the agency elects to handle in accordance with the ADRA, any claim, regardless of amount, shall be accompanied by the certification described in subparagraph (d)(2)(iii) of this clause, and executed in accordance with subparagraph (d)(3) of this clause. h) The Government shall pay interest on the amount found due and unpaid from (1) the date the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in (FAR) 48 CFR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6 -month period as fixed by the Treasury Secretary during the pendency of the claim. i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of the Contracting Officer. End of clause) 52.236-13 ACCIDENT PREVENTION (NOV 1991) a) The Contractor shall provide and maintain work environments and procedures which will 1) safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities; 2) avoid interruptions of Government operations and delays in project completion dates; and 3) control costs in the performance of this contract. N44255 -08-C-3002 Page 19 of 28 b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall - 1) Provide appropriate safety barricades, signs, and signal lights; 2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and 3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken. c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions ofthe latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation. d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor's representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause. e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts. End of clause) 52.241-3 SCOPE AND DURATION OF CONTRACT (FEB 1995) a) For the period TEN YEARS the Contractor agrees to furnish and the Government agrees to purchase WATER AND SEWER utility service in accordance with the applicable tariff(s), rules, and regulations as approved by the applicable governing regulatory body and as set forth in the contract. b) It is expressly understood that neither the Contractor nor the Government is under any obligation to continue any service under the terms and conditions of this contract beyond the expiration date. c) The Contractor shall provide the Government with one complete set of rates, terms, and conditions of service which are in effect as of the date of this contract and any subsequently approved rates. d) The Contractor shall be paid at the applicable rate(s) under the tariff and the Government shall be liable for the minimum monthly charge, if any, specified in this contract commencing with the period in which service is initially furnished and continuing for the term of this contract. Any minimum monthly charge specified in this contract shall be equitably prorated for the periods in which commencement and termination of this contract become effective. End of clause) N44255 -08-C-3002 Page 20 of 28 52.241-6 SERVICE PROVISIONS (FEB 1995) a) Measurement of service. (1) All service furnished by the Contractor shall be measured by suitable metering equipment of standard manufacture, to be furnished, installed, maintained, repaired, calibrated, and read by the Contractor at its expense. When more than a single meter is installed at a service location, the readings thereof may be billed conjunctively, if appropriate. In the event any meter fails to register (or registers incorrectly) the service furnished, the parties shall agree upon the length of time of meter malfunction and the quantity of service delivered during such period of time. An appropriate adjustment shall be made to the next invoice for the purpose of correcting such errors. However, any meter which registers not more than 3% percent slow or fast shall be deemed correct. 2) The Contractor shall read all meters at periodic intervals of approximately 30 days or in accordance with the policy of the cognizant regulatory body or applicable bylaws. All billings based on meter readings of less than 28 days shall be prorated accordingly. b) Meter test. (1) The Contractor, at its expense, shall periodically inspect and test Contractor -installed meters at intervals not exceeding I year(s) The Government has the right to have representation during the inspection and test. 2) At the written request of the Contracting Officer, the Contractor shall make additional tests of any or all such meters in the presence of Government representatives. The cost of such additional tests shall be borne by the Government if the percentage of errors is found to be not more than 3% percent slow or fast. 3) No meter shall be placed in service or allowed to remain in service which has an error in registration in excess of 3% percent under normal operating conditions. c) Change in volume or character. Reasonable notice shall be given by the Contracting Officer to the Contractor regarding any material changes anticipated in the volume or characteristics of the utility service required at each location. d) Continuity of service and consumption. The Contractor shall use reasonable diligence to provide a regular and uninterrupted supply of service at each service location, but shall not be liable for damages, breach of contract or otherwise, to the Government for failure, suspension, diminution, or other variations of service occasioned by or in consequence of any cause beyond the control of the Contractor, including but not limited to acts of God or of the public enemy, fires, floods, earthquakes, or other catastrophe, strikes, or failure or breakdown of transmission or other facilities. If any such failure, suspension, diminution, or other variation of service shall aggregate more than 24 hour(s) during any billing period hereunder, an equitable adjustment shall be made in the monthly billing specified in this contract (including the minimum monthly charge). End of clause) 52.241-7 CHANGE IN RATES OR TERMS AND CONDITIONS OF SERVICE FOR REGULATED SERVICES (FEB 1995) a) This clause applies to the extent services furnished under this contract are subject to regulation by a regulatory body. The Contractor agrees to give written notice of (1) the filing of an application for change in rates or terms and conditions of service concurrently with the filing ofthe application and 2) any changes pending with the regulatory body as of the date of contract award. Such notice shall fully describe the proposed change. If, during the term of this contract, the regulatory body having jurisdiction approves any changes, the Contractor shall forward to the Contracting Officer a copy of such changes within 15 days after the effective date thereof. The Contractor agrees to continue furnishing service under this contract in accordance with the amended tariff, and the Government agrees to pay for such service at the higher or lower rates as of the date N44255 -08-C-3002 Page 21 of 28 when such rates are made effective. b) The Contractor agrees that throughout the life of this contract the applicable published and unpublished rate schedule(s) shall not be in excess ofthe lowest cost published and unpublished rate schedule(s) available to any other customers of the same class under similar conditions of use and service. c) In the event that the regulatory body promulgates any regulation concerning matters other than rates which affects this contract, the Contractor shall immediately provide a copy to the Contracting Officer. The Government shall not be bound to accept any new regulation inconsistent with Federal laws or regulations. d) Any changes to rates or terms and conditions of service shall be made a part of this contract by the issuance of a contract modification unless otherwise specified in the contract. The effective date of the change shall be the effective date by the regulatory body. Any factors not governed by the regulatory body will have an effective date as agreed to by the parties. End of clause) 52.241-8 CHANGE IN RATES OR TERMS AND CONDITIONS OF SERVICE FOR UNREGULATED SERVICES (FEB 1995) a) This clause applies to the extent that services furnished hereunder are not subject to regulation by a regulatory body. b) After ONE YEAR , either party may request a change in rates or terms and conditions of service, unless otherwise provided in this contract. Both parties agree to enter in negotiations concerning such changes upon receipt of a written request detailing the proposed changes and specifying the reasons for the proposed changes. c) The effective date of any change shall be as agreed to by the parties. The Contractor agrees that throughout the life of this contract the rates so negotiated will not be in excess of published and unpublished rates charged to any other customer of the same class under similar terms and conditions of use and service. d) The failure of the parties to agree upon any change after a reasonable period of time shall be a dispute under the Disputes clause of this contract. e) Any changes to rates, terms, or conditions as a result of such negotiations shall be made a part of this contract by the issuance of a contract modification. End of clause) 52.241-9 CONNECTION CHARGE (FEB 1995) a) Charge. In consideration of the Contractor furnishing and installing at its expense the new connection facilities described herein, the Government shall pay the Contractor a connection charge. The payment shall be in the form of progress payments, advance payments or as a lump sum, as agreed to by the parties and as permitted by applicable law. The total amount payable shall be either the estimated cost of $ less the agreed to salvage value of or the actual cost less the salvage value, whichever is less. As a condition precedent to final payment, the Contractor shall execute a release of any claims against the Government arising under or by the virtue of such installation. b) Ownership, operation, maintenance and repair ofnew facilities to be provided. The facilities to be supplied by N44255 -08-C-3002 Page 22 of 28 the Contractor under this clause, notwithstanding the payment by the Government of a connection charge, shall be and remain the property of the Contractor and shall, at all times during the life of this contract or any renewals thereof, be operated, maintained, and repaired by the Contractor at its expense. All taxes and other charges in connection therewith, together with all liability arising out of the construction, operations, maintenance, or repair of such facilities, shall be the obligation of the Contractor. c) Credits. (1) The Contractor agrees to allow the Government, on each monthly bill for service furnished under this contract to the service location, a credit of percent of the amount of each such bill as rendered until the accumulation of credits shall equal the amount of such connection charge, provided that the Contractor may at any time allow a credit up to 100 percent of the amount of each such bill. 2) In the event the Contractor, before any termination of this contract but after completion of the facilities provided for in this clause, serves any customer other than the Government (regardless of whether the Government is being served simultaneously, intermittently, or not at all) by means of these facilities, the Contractor shall promptly notify the Government in writing. Unless otherwise agreed by the parties in writing at that time, the Contractor shall promptly accelerate the credits provided for under subparagraph (c)(1) of this clause, up to 100 percent of each monthly bill until there is refunded the amount that reflects the Government's connection costs for that portion of the facilities used in serving others. 3) In the event the Contractor terminates this contract, or defaults in performance, prior to full credit of any connection charge paid by the Government, the Contractor shall pay to the Government an amount equal to the uncredited balance of the connection charge as of the date of the termination or default. d) Termination before completion of facilities. The Government reserves the right to terminate this contract at any time before completion of the facilities with respect to which the Government is to pay a connection charge. In the event the Government exercises this right, the Contractor shall be paid the cost of any work accomplished, including direct and indirect costs reasonably allocable to the completed work prior to the time of termination by the Government, plus the cost of removal, less the salvage value. e) Termination after completion of facilities. In the event the Government terminates this contract after completion of the facilities with respect to which the Government has paid a connection charge, but before the crediting in full by the Contractor of any connection charge in accordance with the terms of this contract, the Contractor shall have the following options: 1) To retain in place for months after the notice of termination by the Government such facilities on condition that -- i) If, during such month period, the Contractor serves any other customer by means of such facilities, the Contractor, shall, in lieu of allowing credits, pay the Government during such period installments in like amount, manner, and extent as the credit provided for under paragraph (c) of this clause before such termination; and ii) Immediately after such month period the Contractor shall promptly pay in full to the Government the uncredited balance of the connection charge. 2) To remove such facilities at the Contractor's own expense within months after the effective date of the termination by the Government. If the Contractor elects to remove such facilities, the Government shall then have the option of purchasing such facilities at the agreed salvage value set forth herein; and provided further, that the Contractor shall, at the direction of the Government, leave in place such facilities located on Government property which the Government elects to purchase at the agreed salvage value. End of clause) N44255 -08-C-3002 Page 23 of 28 52.241-9 CONNECTION CHARGE (FEB 1995) - ALTERNATE I (FEB 1995) a) Charge. In consideration of the Contractor furnishing and installing at its expense the new connection facilities described herein, the Government shall pay the Contractor a connection charge. The payment shall be in the form of progress payments, advance payments or as a lump sum, as agreed to by the parties and as permitted by applicable law. The total amount payable shall be either the estimated cost of $ less the agreed to salvage value of or the actual cost less the salvage value, whichever is less. As a condition precedent to final payment, the Contractor shall execute a release of any claims against the Government arising under or by the virtue of such installation. b) Ownership, operation, maintenance and repair of new facilities to be provided. The facilities to be supplied by the Contractor under this clause, notwithstanding the payment by the Government of a connection charge, shall be and remain the property of the Contractor and shall, at all times during the life of this contract or any renewals thereof, be operated, maintained, and repaired by the Contractor at its expense. All taxes and other charges in connection therewith, together with all liability arising out of the construction, operations, maintenance, or repair of such facilities, shall be the obligation of the Contractor. c) Termination before completion of facilities. The Government reserves the right to terminate this contract at any time before completion of the facilities with respect to which the Government is to pay a connection charge. In the event the Government exercises this right, the Contractor shall be paid the cost of any work accomplished, including direct and indirect costs reasonably allocable to the completed work prior to the time of termination by the Government, plus the cost of removal, less the salvage value. d) Termination after completion of facilities. In the event the Government terminates this contract after completion of the facilities with respect to which the Government is to pay a connection charge, the Contractor shall have the following options: 1) To retain in place for months after the notice of termination by the Government. Ifthe Contractor and the Government have not agreed on terms for retention in place beyond months, then the Contractor must remove the facilities pursuant to the terms of subparagraph (d)(2) of this clause. 2) To remove such facilities at the Contractor's own expense within months after the effective date of the termination by the Government. Ifthe Contractor elects to remove such facilities, the Government shall then have the option ofpurchasing such facilities at the agreed salvage value set forth herein; and provided further, that the Contractor shall, at the direction of the Government, leave in place such facilities located on Government property which the Government elects to purchase at the agreed salvage value. End of clause) 52.241-12 NONREFUNDABLE, NONRECURRING SERVICE CHARGE (FEB 1995) As provided herein, the Government will pay a nonrefundable, nonrecurring charge when the rules and regulations of a Contractor require that a customer pay (1) a charge for the initiation of service, (2) a contribution in aid of construction, or (3) a nonrefundable membership fee. This charge may be in addition to or in lieu of a connection charge. Therefore, there is hereby added to the Contractor's schedule a nonrefundable, nonrecurring charge for in the amount of $ dollars payable. (Specify dates or schedules). End of clause) 52.241-13 CAPITAL CREDITS (FEB 1995) N44255 -08-C-3002 Page 24 of 28 a) The Government is a member of the NA , and as any other member, is entitled to capital credits consistent with the bylaws of the cooperative, which states the obligation of the Contractor to pay capital credits and which specifies the method and time ofpayment. b) The Contractor shall furnish to the Contracting Officer, or the designated representative of the Contracting Officer, in writing, on an NA basis a list of accrued credits by contract number, year, and delivery point. c) Payment of capital credits will be made by check, payable to the NA , and forwarded to the Contracting Officer at NA , unless otherwise directed in writing by the Contracting Officer. Checks shall cite the current or last contract number and indicate whether the check is partial or final payment for all capital credits accrued. End of clause) 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (MAY 2004) - ALTERNATE II (SEP 1996) a) The Government may terminate performance of work under this contract in whole or, from time to time, in part if the Contracting Officer determines that a termination is in the Government's interest. The Contracting Officer shall terminate by delivering to the Contractor a Notice of Termination specifying the extent of termination and the effective date. b) After receipt of a Notice of Termination, and except as directed by the Contracting Officer, the Contractor shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due under this clause: 1) Stop work as specified in the notice. 2) Place no further subcontracts or orders (referred to as subcontracts in this clause) for materials, services, or facilities, except as necessary to complete the continued portion of the contract. 3) Terminate all subcontracts to the extent they relate to the work terminated. 4) Assign to the Government, as directed by the Contracting Officer, all right, title, and interest of the Contractor under the subcontracts terminated, in which case the Government shall have the right to settle or to pay any termination settlement proposal arising out of those terminations. 5) With approval or ratification to the extent required by the Contracting Officer, settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts; the approval or ratification will be final for purposes of this clause. 6) As directed by the Contracting Officer, transfer title and deliver to the Government (i) the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced or acquired for the work terminated, and (ii) the completed or partially completed plans, drawings, information, and other property that, if the contract had been completed, would be required to be furnished to the Government. 7) Complete performance of the work not terminated. 8) Take any action that may be necessary, or that the Contracting Officer may direct, for the protection and preservation of the property related to this contract that is in the possession of the Contractor and in which the Government has or may acquire an interest. N44255 -08-C-3002 Page 25 of 28 9) Use its best efforts to sell, as directed or authorized by the Contracting Officer, any property of the types referred to in subparagraph (b)(6) of this clause; provided, however, that the Contractor (i) is not required to extend credit to any purchaser and (ii) may acquire the property under the conditions prescribed by, and at prices approved by, the Contracting Officer. The proceeds of any transfer or disposition will be applied to reduce any payments to be made by the Government under this contract, credited to the price or cost of the work, or paid in any other manner directed by the Contracting Officer. c) The Contractor shall submit complete termination inventory schedules no later than 120 days from the effective date of termination, unless extended in writing by the Contracting Officer upon written request of the Contractor within this 120 -day period. d) After expiration of the plant clearance period as defined in Subpart 49.001 of the Federal Acquisition Regulation, the Contractor may submit to the Contracting Officer a list, certified as to quantity and quality, of termination inventory not previously disposed of, excluding items authorized for disposition by the Contracting Officer. The Contractor may request the Government to remove those items or enter into an agreement for their storage. Within 15 days, the Government will accept title to those items and remove them or enter into a storage agreement. The Contracting Officer may verify the list upon removal of the items, or if stored, within 45 days from submission of the list, and shall correct the list, as necessary, before final settlement. e) After termination, the Contractor shall submit a final termination settlement proposal to the Contracting Officer in the form and with the certification prescribed by the Contracting Officer. The Contractor shall submit the proposal promptly, but no later than 1 year from the effective date of termination, unless extended in writing by the Contracting Officer upon written request of the Contractor within this 1 -year period. However, if the Contracting Officer determines that the facts justify it, a termination settlement proposal may be received and acted on after 1 year or any extension. If the Contractor fails to submit the proposal within the time allowed, the Contracting Officer may determine, on the basis of information available, the amount, if any, due the Contractor because of the termination and shall pay the amount determined. f) Subject to paragraph (e) of this clause, the Contractor and the Contracting Officer may agree upon the whole or any part of the amount to be paid or remaining to be paid because of the termination. The amount may include a reasonable allowance for profit on work done. However, the agreed amount, whether under this paragraph (g) or paragraph (g) of this clause, exclusive of costs shown in subparagraph (g)(3) of this clause, may not exceed the total contract price as reduced by (1) the amount of payments previously made and (2) the contract price ofwork not terminated. The contract shall be modified, and the Contractor paid the agreed amount. Paragraph (g) of this clause shall not limit, restrict, or affect the amount that may be agreed upon to be paid under this paragraph. g) If the Contractor and the Contracting Officer fail to agree on the whole amount to be paid because of the termination of work, the Contracting Officer shall pay the Contractor the amounts determined by the Contracting Officer as follows, but without duplication of any amounts agreed on under paragraph (f) ofthis clause: 1) The contract price for completed supplies or services accepted by the Government (or sold or acquired under subparagraph (b)(9) of this clause) not previously paid for, adjusted for any saving of freight and other charges. 2) The total of -- i) The costs incurred in the performance of the work terminated, including initial costs and preparatory expense allocable thereto, but excluding any costs attributable to supplies or services paid or to be paid under subparagraph f)(1) of this clause; ii) The cost of settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminated portion of the contract if not included in subdivision (g)(2)(i) of this clause; and iii) A sum, as profit on subdivision (g)(2)(i) of this clause, determined by the Contracting Officer under 49.202 of the Federal Acquisition Regulation, in effect on the date of this contract, to be fair and reasonable; however, if it N44255 -08-C-3002 Page 26 of 28 appears that the Contractor would have sustained a loss on the entire contract had it been completed, the Contracting Officer shall allow no profit under this subdivision (iii) and shall reduce the settlement to reflect the indicated rate of loss. 3) The reasonable costs of settlement of the work terminated, including -- i) Accounting, legal, clerical, and other expenses reasonably necessary for the preparation of termination settlement proposals and supporting data; ii) The termination and settlement of subcontracts (excluding the amounts of such settlements); and iii) Storage, transportation, and other costs incurred, reasonably necessary for the preservation, protection, or disposition of the termination inventory. h) Except for normal spoilage, and except to the extent that the Government expressly assumed the risk of loss, the Contracting Officer shall exclude from the amounts payable to the Contractor under paragraph (g) of this clause, the fair value, as determined by the Contracting Officer, of property that is destroyed, lost, stolen, or damaged so as to become undeliverable to the Government or to a buyer. i) The cost principles and procedures of Part 31 of the Federal Acquisition Regulation, in effect on the date of this contract, shall govern all costs claimed, agreed to, or determined under this clause. 0) The Contractor shall have the right of appeal, under the Disputes clause, from any determination made by the Contracting Officer under paragraph (e), (g), or (1) of this clause, except that if the Contractor failed to submit the termination settlement proposal or request for equitable adjustment within the time provided in paragraph (e) or (1), respectively, and failed to request a time extension, there is no right of appeal. k) In arriving at the amount due the Contractor under this clause, there shall be deducted -- 1) All unliquidated advance or other payments to the Contractor under the terminated portion of this contract; 2) Any claim which the Government has against the Contractor under this contract; and 3) The agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by the Contractor or sold under the provisions of this clause and not recovered by or credited to the Government. 1) If the termination is partial, the Contractor may file a proposal with the Contracting Officer for an equitable adjustment ofthe price(s) of the continued portion of the contract. The Contracting Officer shall make any equitable adjustment agreed upon. Any proposal by the Contractor for an equitable adjustment under this clause shall be requested within 90 days from the effective date of termination unless extended in writing by the Contracting Officer. m) The Government may, under the terms and conditions it prescribes, make partial payments and payments against costs incurred by the Contractor for the terminated portion of the contract, if the Contracting Officer believes the total of these payments will not exceed the amount to which the Contractor will be entitled. n) Unless otherwise provided in this contract or by statute, the Contractor shall maintain all records and documents relating to the terminated portion of this contract for 3 years after final settlement. This includes all books and other evidence bearing on the Contractor's costs and expenses under this contract. The Contractor shall make these records and documents available to the Government, at the Contractor's office, at all reasonable times, without any direct charge. If approved by the Contracting Officer, photographs, microphotographs, or other authentic reproductions may be maintained instead of original records and documents. End of clause) N44255 -08-C-3002 Page 27 of 28 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://acquisition.gov/comp/far/index.html] End of clause) N44255 -08-C-3002 Page 28 of 28 Section J - List of Documents, Exhibits and Other Attachments LIST OF ATTACHMENTS J1 City of Bremerton Municipal Code 15.06 setting rates and charges for municpal water and wastewater sewage) services. J.2 Naval Hospital Bremerton Base Map with meter number and locations. J.3 Account and meter information for Naval Hospital Bremerton accounts. EXCEPTION TO SF 30 30-105-04 STANDARD FORM 30 (Rev. 10-83) APPROVED BY OIRM 11-84 Prescribed by GSA FAR (48 CFR) 53.243 1. CONTRACT ID CODE PAGE OF PAGES AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT J 1 2 2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO.(Ifapplicable) P00001 20 -Dec -2007 6.ISSUED BY CODE N44255 7.ADMINISTEREDBY (Ifother than item 6) CODE NAVFAC NORTHv\EST See Item 61101TAUTOGCIRCLE, SUITE203 SILVFRDALE WA98315-1101 8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) 9A. AMENDMENT OF SOLICITATION NO. CITY OF BREMERTON 9B. DATED (SEE ITEM 11) 3027 OLYMPUS DR BREMERTON WA98310-4799 X IOA MOD. OF CONTRACT/ORDER NO. N44255 -08-C-3002 X IOB. DATED (SEE ITEM 13) 30 -Nov -2007CODE04DN7IFACILITYCODE 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS ElThe above numbered solicitation is amended asset firth in Item 14. The hour and date specified for receipt of0ffer 11 is extended, El is not extended. Offermust acknowledgereceipt ofthis amendment priorto thehour and date specified in thesolicitation oras amended by oneofthe following methods: a) By completing Items 8 and 15, and returning copies ofthe amendment, (b) By acknowledging receipt ofthis amendment on each copy ofthe offer submitted; or (c) By separate letter or telegramwhich includes areference to the solicitation and amendment numbers. FAILURE OF YOURACKNOWLEDGMENTTO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. Ifby virtue ofthis amendment you desire to change an offer already submitted, such change maybe madeby telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. 12. ACCOUNTINGAND APPROPRIATION DATA (If required) 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM IOA. B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B). X C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: FAR 52.243-1 Changes D. OTHER (Specify type of modification and authority) E. IMPORTANT: Contractor is not, X is required to sign this document and return 1 copies to the issuing office. 14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.) Modification Control Number: bensoncd08234 The purpose of this modificaiton is to change FAR 52.241-6 Service Provisions, as shown on page 2 of this modification. Except as provided herein, all terns and conditions ofthe document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect. 15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) CHARLES D. BENSON /CONTRACT SPECIALIST TEL 360-3960052 EMAIL: chuckbenson@navy.rril 15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED fir "" •; •, BY r M..µ, 16 -Jan - 2008 Signature of person authorized to sign) Signature of Contracting Officer) EXCEPTION TO SF 30 30-105-04 STANDARD FORM 30 (Rev. 10- 83) APPROVED BY OIRM 11-84 Prescribed by GSA FAR (48 CFR) 53.