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Home My WebLink AboutMEMORANDUM OF AGREEMENT WATER FORT GORDON MEMORANDUM OF AGREEMENT Augusta, Georgia and Department of the Army U.S. Army Garrison - Fort Gordon, Fort Gordon, Georgia This Memorandum of Agreement (MOA) is entered into between the Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter "City") and the Department of the Army (DA) - specifically the U.S. Army Garrison - Fort Gordon, Georgia (hereinafter "Fort" or "Fort Gordon"). This MOA is effective as of the last date of the signatures set forth below: I. PURPOSE The purpose of this Memorandum of Agreement is to continue the cooperative efforts between the parties to ensure Water and Wastewater services are provided to Fort Gordon should follow-on legislation not be enacted as granted under authority of Public Law NO.1 08-375 (the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005), Section 325, Pilot Program for Purchase of Certain Municipal Services for Army Installations. II. BACKGROUND AND AUTHORITY Subject legislation grants Fort Gordon the authority to enter into a contract for the provision of Water and Wastewater services with the City of Augusta for a period not to exceed the legislative ending date of 30 September 2010. The legislative authority states that any contract awarded under this authority must terminate 30 September 2010. The Army is pursuing follow-on legislation for authority beyond this date. It is the intent of this agreement that, subject to not receiving legislative extension of the authority, the city will sign a follow-on contract for a 1 O-year period, beginning 1 October 2010, with the U.S. Army Garrison-Fort Gordon, Fort Gordon, Georgia, to provide continuing Water and Wastewater services, in accordance with the terms and conditions of a new 10-year contract. Nothing in this Memorandum of Agreement shall be interpreted as limiting, superseding, or otherwise affecting the Army's normal operations or decisions in carrying out its statutory or regulatory duties. 1 III. RESPONSIBILITIES The U.S. Army Garrison-Fort Gordon will: 1. Provide draft of new 1 O-year contract before 15 December 2006, for the City's review and comment. The new contract will reflect a start date of 1 October 2010. 2. Draft contract will show unit and extended pricing as submitted by the City in the initial contract (signed in September 2006) for the first six option periods starting 1 October 2010. 3. Estimated commodity amounts will remain as shown in first six option years beginning 1 October 2010 of initial contract (signed in September 2006). 4. Terms and conditions shall remain the same as stated in initial contract (signed in September 2006) relating to commodity requirements. 5. Notify the City as soon as possible that legislative extension has been approved or disapproved. 6. If legislative extension is disapproved, a copy of the new contract will be attached, at that time, to this MOA and will be executed on 1 October 2010. The City shall: 1. Agree to enter into a contract for the period 1 October 2010 - 30 September 2020, should legislative extension not be authorized. 2. Agree to carry forward submitted pricing as reflected in initial contract signed in September 2006, for the option years beginning 1 October 2010 - 30 September 2016, based upon commodity usage as shown in initial contract, should legislative extension not be authorized. 3. Provide pricing for last four options years, 1 October 2016 - 30 September 2020, based on estimated usage to be provided by Fort Gordon. IV. EFFECTIVE DATE This Memorandum of Agreement is effective as described above and shall continue in force through 1 October 2010. 2 IN WITNESS WHEREOF, said parties have caused this agreement to be executed by and through the undersigned as the authorized representatives of Augusta, Georgia and Fort Gordon who have hereunto set their hands and seals the date written below. CITY DEPARTMENT OF THE ARMY AUGUSTA, GEORGIA (CITY) U.S. ARMY GARRISON - FORT GORDON FORT GORDON, GEORGIA BY:" .. . ~ AS ITS: MAYOR , BYy"Y_ Q.~ I JOH~. HOLWICK - Colonel, U.S. Army Commanding DATE: '1 (Z'l / 0 (., ATTEST CLE& Ar;~ ~ PRINTED NAMEWI!<. TEt1I(1(/f:.l? DATE: Copy To: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 360 Bay Street, Suite 180 Augusta, Georgia 30901 3 SOLlCITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS OFFEROR TO COMPLETE BLOCKS 12, 17,23,24, AND 30 2. CONTRACT NO. 3. AWARDIEFFECTIVE DATE 4. ORDER NUMBER W91249-06-C-0009 28-Sep-2006 t REQUISITION NUMBER DP'M'MB60175014 PAGE 1 OF 45 7. FOR SOUCITATION INFORMATION CALL a. NAME BARBARA L. rvlASON CODE W91249 5. SOLICITATION NUMBER W91249-06-R-0002 b. TELEPHONE NUMBER (No Collect Calls) 6. SOUCITATION ISSUE DATE 06-Jun-2006 Ta: 706-791-1800 FAX: 706-791-8651 10. THIS ACQUISITION IS o UNRESTRICTED U SET ASIDE: % FOR ~ SMALL BUSINESS HUBZONE SMALL BUSINESS 8(A) NAICS: 221310 706-791-1823 11. DELIVERY FOR FOB 12. DISCOU,NTTERMS DESTINATION UNLESS BLOCK IS MARKED D SEE SCHEDULE D 13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING 8. OFFER DUE DATElLOCAL TIME 11 :00 AM 30 Jun 2006 9. ISSUED BY ARMY CONTRACTING AGENCY SOUTHERN REGION DIRECTORATE OF CONTRACTING WINSHIP HALL 419 B STREET BUILDING 29718 3RD FLOOR FT GORDON GA 30905-5719 Net 30 Days SIZE STANDARD: $5 MILLION 14. METHOD OF SOLICITATION DRFQ DIFB CODE GRFP W91249 15. DELIVER TO CODE DIRECTORATE OF PUBUC WJRKS (DPW) GLENN STUBBLEFIELD FACIUTIES ENGINEERING BRANCH BLDG 14600 FORT GORDON GA 30905 16. ADMINISTERED BY ARMY CONTRACTING AGENCY SOUTHERN REGION BARBARA MASON 706-791-1623 CONSTRUCTION DIVISION BARBARA MASON 1@US.ARMY.MIL FT GORDON GA 30905-5719 17a.CONTRACTOR/ OFFEROR CODE 3YW13 18a. PAYMENT WILL BE MADE BY CODE HQ0105 AUGUSTA RICHMOND COUNTY OF FRED RUSSELL 530 GREENE ST AUGUSTA GA 30911-4406 DEFENSE FINANCE & ACCOUNTING SVC (DFAS) INDIANAFOLlS VENDOR PAY DEPT 3800 8899 EAST 56TH STREET INDIANAFOLlS IN 46249-3800 FACILITY Ta.706-821-2400 CODE D 17b. CHECK IF REMnTANCEIS DIFFERENT AND PUT 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOO< 18a. UNLESS BLOCK SUCH ADDRESS IN OFFffi Baow IS CHECKED 0 SEEADDENDUM 19. ITEl'v1 NO. 20. SCHEDULE OF SUPPLIESI SERVICES 21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AI'v1OUNT SEE SCHEDULE 25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Gov!. Use Only) See Schedule $9,689,447.96 D27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1.52.212-4. FAR 52.212-3.52.212-5 ARE ATTACHED. o 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA DARE DARE NOT ATTACHED ADDENDA DARE DARE NOT ATTACHED 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RE1URN COPIES D TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. 29. AWARD OF CONTRACT: REFERENCE n OFFER DATED 22 Jun 06 YOUR OFFER ON SOLICITATION LXI (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: 30a. SIGNATURE OF OFFffiORlCONTRAcrOR n n 3la. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 3lc. DATE SIGNED pa24! K "'1J1~ 28-Sep-2006 3lb. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) (TYPE OR PRINT) 1)1"lv-z:.p S. C vI €A-J MA V 6'<" M4....{c,z AUTHORIZED FOR LOCAL R8'R0DUCTION ffiEVlOUS EDITION IS NOT USABLE cc (Z-q Iof, JOEL K. MASON / CONTRACTING OFFICER TEL: 706-79l-l8l4 EMAIL: joel.k.mason@Us.anny.mil STANDARD FORM 1449 (REV 4/2002) Prescribed by GSA FAR (48 CFR) 53.212 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS I I PAGE 2 OF45 (CONTINUED) 19. ITEl'v1 NO. 20. SCHEDULE OF SUPPLIESI SERVICES 21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AI'v1OUNT . SEE SCHEDULE .. 32a. QUANTITY IN COLUMN 21 HAS BEEN D RECEIVED D INSPECTED D ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: 32b. SIGNATURE OF AUTHORIZED GOVERNMENT 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE REPRESENTATIVE 32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE r 32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE 33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER CORRECT FOR D COMPLETE D PARTIAL D FINAL I PARTIAL I FINAL 38. SIR ACCOUNT NUMBER 39. SIR VOUCHER NUMBER 40. PAID BY 41a. I CERTIFY 1HIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location) 42c. DATE REC'D (YY/MM/DD) I 42d. TOTAL CONTAINERS AUTHORIZED FOR LOCAL REFROOUCTION ffiEVlOUS EDfTlON IS NOT USABLE STANDARD FORM 1449 (REV 4/2002) BACK A'escribed by GSA FAR (48 CFR) 53.212 Section SF 1449 - CONTINUATION SHEET ITEM NO SUPPLIES/SERVICES QUANTITY 0001 UNIT UNIT PRlCE WATER & WASTEWATER CONNECTION CHARGES FFP CONNECTION CHARGES (FOR CLINS 0001AA THROUGH 0001AD) TO PROVIDE WATER AND WASTEWATER SERVICES TO THE FORT GORDON INSTALLATION FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB CIN:OOOOOOOOOOOOOOOOOOOOOOOOOOOOOO ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRlCE 0001AA 682,639.40 Each $1.00 CONNECTION CHARGES - GATE 1 FFP CONNECTION CHARGES AT GATE 1 FOR POTABLE WATER. PERFORMANCE PERlOD: CONNECTION TO BE COMPLETED NLT 200 DAYS AFTER NOTICE TO PROCEED. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB CIN:0000000000000000000000000001AA W91249-06-C-0009 Page 3 of 45 AMOUNT $0.00 $0.00 AMOUNT $682,639.40 $682,639.40 $682,639.40 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRlCE 000 lAB 129,669 Each $1.00 CONNECTION CHARGES - GATE 2 FFP CONNECTION CHARGES AT GATE 2 FOR POTABLE WATER. PERFORMANCE PERlOD: CONNECTION TO BE COMPLETED NLT 120 DAYS AFTER COMPLETION OF'AUGUSTA UTILITIY DEPARTMENT (AUD) PROJECT #10156, APPROXIMATELY 645 DAYS FROM NOTICE TO PROCEED. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB CTIN:0000000000000000000000000001AB ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRlCE 0001AC 2,632,457.16 Each $1.00 CONNECTION CHARGES - GATE 5 FFP CONNECTION CHARGES AT GATE 5 FOR POTABLE WATER. PERFORMANCE PERlOD: CONNECTION TO BE COMPLETED NL T 345 DAYS AFTER NOTICE TO PROCEED. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB CTIN:0000000000000000000000000001AC W91249-06-C-0009 Page 4 of 45 AMOUNT $129,669.00 $129,669.00 $129,669.00 AMOUNT $2,632,457.16 $2,632,457.16 $2,632,457.16 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE 000 lAD 6,244,682.40 Each $1.00 CONNECTION CHARGES - WASTEWATER FFP CONNECTION CHARGES FOR WASTEWATER. PERFORMANCE PERIOD: CONNECTION TO BE COMPLETED NL T 520 DAYS AFTER NOTICE TO PROCEED. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NETAMT ACRN AB C~:OOOOOOOOOOOOOOOOOOOOOOOOOOOlAD ITEM NO 0002 OPTION SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE OPTION YEAR 1 FFP COMMODITY CHARGES DURING THE PERIOD 01 OCT 06 THROUGH 30 SEP 07. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB C~:OOOOOOOOOOOOOOOOOOOOOOOOOOOOOO W91249-06-C-0009 Page 5 of 45 AMOUNT $6,244,682.40 $6,244,682.40 $6,244,682.40 AMOUNT $0.00 $0.00 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE 0002AA 920,000 Thousand $1.46 Gallons OPTION POTABLE WATER COMMODITY CHARGES FFP POTABLE WATER DELIVERED TO FORT GORDON INSTALLATION ON A METERED BASIS. ESTIMATED ANNUAL USAGE IS 920,000 THOUSAND GALLONS. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 . NET AMT ACRN AB CIN:OOOOOOOOOOOOOOOOOOOOOOOOOOOOOO ITEM NO 0003 OPTION SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE OPTION YEAR 2 FFP COMMODITY CHARGES DURING THE PERIOD 01 OCT 07 THROUGH 30 SEP 08. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB CIN:OOOOOOOOOOOOOOOOOOOOOOOOOOOOOO W91249-06-C-0009 Page 6 of 45 AMOUNT $1,343,200.00 EST $1,343,200.00 (EST.) $0.00 AMOUNT $0.00 $0.00 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE 0003AA 920,000 Thousand $1.50 Gallons OPTION POTABLE WATER COMMODITY CHARGES FFP POTABLE WATER DELIVERED TO FORT GORDON INSTALLATION ON A METERED BASIS. ESTIMATED ANNUAL USAGE IS 920,000 THOUSAND GALLONS. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB CIN:OOOOOOOOOOOOOOOOOOOOOOOOOOOOOO ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE 0003AB 625,000 Thousand $1.80 Gallons OPTION WASTE WATER COMMODITY CHARGES FFP WASTE WATER SEWAGE CARRIED OFF FORT GORDON INSTALLATION ON A METERED BASIS. ESTIMATED ANNUAL USAGE IS 625,000 THOUSAND GALLONS. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB CIN:OOOOOOOOOOOOOOOOOOOOOOOOOOOOOO W91249-06-C-0009 Page 7 of 45 AMOUNT $1,380,000.00 EST $1,380,000.00 (EST.) $0.00 AMOUNT $1,125,000.00 EST $1,125,000.00 (EST.) $0.00 ITEM NO 0004 OPTION SUPPLIES/SERVICES QUANTITY UNIT UNIT PRlCE OPTION YEAR 3 FFP COMMODITY CHARGES FROM 01 OCT 08 THROUGH 30 SEP 09. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB C~:OOOOOOOOOOOOOOOOOOOOOOOOOOOOOO ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRlCE 0004AA 920,000 Thousand $1.55 Gallons OPTION POTABLE WATER COMMODITY CHARGES FFP POTABLE WATER DELIVERED TO FORT GORDON ~STALLATION ON A METERED BASIS. ESTIMATED ANNUAL USAGE IS 920,000 THOUSAND GALLONS. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB C~:OOOOOOOOOOOOOOOOOOOOOOOOOOOOOO W91249-06-C-0009 Page 8 of 45 AMOUNT $0.00 $0.00 AMOUNT $1,426,000.00 EST $1,426,000.00 (EST.) $0.00 W91249-06-C-0009 Page 9 of 45 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE 0004AB 625,000 Thousand $1.85 Gallons OPTION WASTE WATER COMMODITY CHARGES FFP WASTE WATER CHARGES FOR SEWAGE CARRIED OFF FORT GORDON INSTALLATION ON A METERED BASIS. ESTIMATED ANNUAL USAGE IS 625,000 THOUSAND GALLONS. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 ACRN AB CIN:OOOOOOOOOOOOOOOOOOOOOOOOOOOOOO ITEM NO 0005 OPTION SUPPLIES/SERVICES QUANTITY UNIT NET AMT UNIT PRICE OPTION YEAR 4 FFP COMMODITY CHARGES FROM 1 OCT 09 THROUGH 30 SEP 10 FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 ACRN AB CIN: 000000000000000000000000000000 NET AMT AMOUNT $1,156,250.00 EST $1,156,250.00 (EST.) $0.00 AMOUNT $0.00 $0.00 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRlCE 0005AA 920,000 Thousand $1.60 Gallons OPTION POTABLE WATER COMMODITY CHARGE FFP POTABLE WATER DELIVERED TO FORT GORDON INSTALLATION ON A METERED BASIS. ESTIMATED ANNUAL USAGE IS 920,000 THOUSAND GALLONS. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB CIN: 000000000000000000000000000000 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRlCE 0005AB 625,000 Thousand $1.91 Gallons OPTION WASTE WATER COMMODITY CHARGES FFP WASTE WATER SEWAGE CARRIED OFF FORT GORDON INSTALLATION ON A METERED BASIS. ESTIMATED ANNUAL USAGE IS 625,000 THOUSAND GALLONS. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB CIN:OOOOOOOOOOOOOOOOOOOOOOOOOOOOOO W91249-06-C-0009 Page 10 of 45 AMOUNT $1,472,000.00 EST $1,472,000.00 (EST.) $0.00 AMOUNT $1,193,750.00 EST $1,193,750.00 (EST.) $0.00 ITEM NO 0006 OPTION SUPPLIES/SERVICES QUANTITY UNIT UNIT PRlCE OPTION YEAR 5 FFP COMMODITY CHARGES FROM 01 OCT 10 THROUGH 30 SEP 11. OPTION EXERCISE OF THESE ITEMS ARE SUBJECT TO FAR CLAUSE 52.217-9 ADDENDUM. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB C~:OOOOOOOOOOOOOOOOOOOOOOOOOOOOOO ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRlCE 0006AA 920,000 Gallons $1.65 per Thousand OPTION POTABLE WATER COMMODITY CHARGE FFP POTABLE WATER DELIVERED TO FORT GORDON ~STALLATION ON A METERED BASIS. ESTIMATED ANNUAL USAGE IS 920,000 THOUSAND GALLONS. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB C~:OOOOOOOOOOOOOOOOOOOOOOOOOOOOOO W91249-06-C-0009 Page 11 of45 AMOUNT $0.00 $0.00 AMOUNT $1,518,000.00 EST $1,518,000.00 (EST.) $0.00 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE 0006AB 625,000 Gallons $1.97 per Thousand OPTION WASTE WATER COMMODITY CHARGE FFP WASTE WATER SEWAGE CARRIED OFF FORT GORDON INSTALLATION ON A METERED BASIS. ESTIMATED AUNNUAL USAGE IS 625,000 THOUSAND GALLONS. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB CIN:OOOOOOOOOOOOOOOOOOOOOOOOOOOOOO ITEM NO 0007 OPTION SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE OPTION YEAR 6 FFP COMMODITY CHARGES FROM 01 OCT 11 THROUGH 30 SEP 12. OPTION EXERCISE OF THESE ITEMS ARE SUBJECT TO FAR CLAUSE 52.217-9 ADDENDUM. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB CIN:OOOOOOOOOOOOOOOOOOOOOOOOOOOOOO W91249-06-C-0009 Page 12 of 45 AMOUNT $1,231,250.00 EST $1,231,250.00 (EST.) $0.00 AMOUNT $0.00 $0.00 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRlCE 0007 AA 920,000 Gallons $1.70 per Thousand OPTION POTABLE WATER COMMODITY CHARGE FFP POTABLE WATER DELIVERED TO FORT GORDON INSTALLATION ON A METERED BASIS. ESTIMATED ANNUAL USAGE IS 920,000 THOUSAND GALLONS. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NETAMT ACRN AB CIN:OOOOOOOOOOOOOOOOOOOOOOOOOOOOOO ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRlCE 0007AB 625,000 Gallons $2.03 per Thousand OPTION W ASTE WATER COMMODITY CHARGES FFP WASTE WATER SEW AGE CARRIED OFF OF FORT GORDON INSTALLATION ON A METERED BASIS. ESTIMATED ANNUAL USUAGE IS 625,000 THOUSAND GALLONS. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB CIN:OOOOOOOOOOOOOOOOOOOOOOOOOOOOOO W91249-06-C-0009 Page 13 of 45 AMOUNT $1,564,000.00 EST $1,564,000.00 (EST.) $0.00 AMOUNT $1,268,750.00 EST $1,268,750.00 (EST.) $0.00 ITEM NO 0008 OPTION SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE OPTION YEAR 7 FFP COMMODITY CHARGES FROM 01 OCT 12 THROUGH 30 SEP 13. OPTION EXERCISE OF THESE ITEMS ARE SUBJECT TO FAR CLAUSE 52.217-9 ADDENDUM. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB C~:OOOOOOOOOOOOOOOOOOOOOOOOOOOOOO ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE 0008AA 920,000 Gallons $1.75 per Thousand OPTION POTABLE WATER COMMODITY CHARGE FFP POTABLE WATER DELIVERED TO FORT GORDON INSTALLATION ON A METERED BASIS. ESTIMATED ANNUAL USAGE IS 920,000 THOUSAND GALLONS. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB C~: 000000000000000000000000000000 W91249-06-C-0009 Page 14 of 45 AMOUNT $0.00 $0.00 AMOUNT $1,610,000.00 EST $1,610,000.00 (EST.) $0.00 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE 0008AB 625,000 Gallons $2.09 per Thousand OPTION WASTE WATER COMMODITY CHARGE FFP WASTE WATER SEWAGE CARRIED OFF FORT GORDON INSTALLATION ON A METERED BASIS. ESTIMATED ANNUAL USAGE IS 625,000 THOUSAND GALLONS. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB CIN:OOOOOOOOOOOOOOOOOOOOOOOOOOOOOO ITEM NO 0009 OPTION SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE OPTION YEAR 9 FFP COMMODITY CHARGES FROM 01 OCT 13 THROUGH 30 SEP 14. OPTION EXERCISE OF THESE ITEMS ARE SUBJECT TO FAR CLAUSE 52.217-9 ADDENDUM. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB CIN:OOOOOOOOOOOOOOOOOOOOOOOOOOOOOO W91249-06-C-0009 Page 15 of 45 AMOUNT $1,306,250.00 EST $1,306,250.00 (EST.) $0.00 AMOUNT $0.00 $0.00 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE 0009AA 920,000 Gallons $1.80 per Thousand OPTION POTABLE WATER COMMODITY CHARGE FFP POTABLE WATER DELIVERED TO FORT GORDON INSTALLATION ON A METERED BASIS. ESTIMATED ANNUAL USAGE IS 920,000 THOUSAND GALLONS. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB CIN:OOOOOOOOOOOOOOOOOOOOOOOOOOOOOO ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE 0009AB 625,000 Gallons $2.15 per Thousand OPTION WASTE WATER COMMODITY CHARGE FFP WASTE WATER SEWAGE CARRIED OFF FORT GORDON INSTALLATION ON A METERED BASIS. ESTIMATED ANNUAL USAGE IS 625,000 THOUSAND GALLONS. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB CIN:OOOOOOOOOOOOOOOOOOOOOOOOOOOOOO W91249-06-C-0009 Page 16 of 45 AMOUNT $1,656,000.00 EST $1,656,000.00 (EST.) $0.00 AMOUNT $1,343,750.00 EST $1,343,750.00 (EST.) $0.00 ITEM NO 0010 OPTION SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE OPTION YEAR 9 FFP COMMODITY CHARGES FROM 01 OCT 14 THROUGH 30 SEP 15. OPTION EXERCISE OF THESE ITEMS ARE SUBJECT TO FAR CLAUSE 52.217-9 ADDENDUM. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB C~:OOOOOOOOOOOOOOOOOOOOOOOOOOOOOO ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE 0010AA 920,000 Gallons $1.85 per Thousand OPTION POTABLE WATER COMMODITY CHARGE FFP POTABLE WATER DELIVERED TO FORT GORDON ~STALLATION ON A METERED BASIS. ESTIMATED ANNUAL USAGE IS 920,000 THOUSAND GALLONS. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB C~:OOOOOOOOOOOOOOOOOOOOOOOOOOOOOO W91249-06-C-0009 Page 17 of45 AMOUNT $0.00 $0.00 AMOUNT $1,702,000.00 EST $1,702,000.00 (EST.) $0.00 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE 0010AB 625,000 Gallons $2.21 per Thousand OPTION WASTE WATER COMMODITY CHARGE FFP WASTE WATER SEWAGE CARRIED OFF FORT GORDON INSTALLATION ON A METERED BASIS. ESTIMATED ANNUAL USAGE IS 625,000 THOUSAND GALLONS. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB CIN: 000000000000000000000000000000 ITEM NO 0011 OPTION SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE OPTION YEAR 10 FFP COMMODITY CHARGES FROM 01 OCT 15 THROUGH 30 SEP 16. OPTION EXERCISE OF THESE ITEMS ARE SUBJECT TO FAR CLAUSE 52.217-9 ADDENDUM. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB CIN:OOOOOOOOOOOOOOOOOOOOOOOOOOOOOO W91249-06-C-0009 Page 18 of45 AMOUNT $1,381,250.00 EST $1,381,250.00 (EST.) $0.00 AMOUNT $0.00 $0.00 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE 0011AA 920,000 Gallons $1.91 per Thousand OPTION POTABLE WATER COMMODITY CHARGE FFP POTABLE WATER DELIVERED TO FORT GORDON INSTALLATION ON A METERED BASIS. ESTIMATED ANNUAL USAGE IS 920,000 THOUSAND GALLONS. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB CIN:OOOOOOOOOOOOOOOOOOOOOOOOOOOOOO ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE 0011AB 625,000 Gallons $2.28 per Thousand OPTION WASTE WATER COMMODITY CHARGE FFP WASTE WATER SEWAGE CARRIED OFF FORT GORDON INSTALLATION ON A METERED BASIS. ESTIMATED ANNUAL USAGE IS 625,000 THOUSAND GALLONS. FOB: Destination PURCHASE REQUEST NUMBER: DPWFMB60175014 NET AMT ACRN AB CIN:OOOOOOOOOOOOOOOOOOOOOOOOOOOOOO W91249-06-C-0009 Page 19 of45 AMOUNT $1,757,200.00 EST $1,757,200.00 (EST.) $0.00 AMOUNT $1,425,000.00 EST $1,425,000.00 (EST.) $0.00 W91249-06-C-0009 Page 20 of 45 WATER & WASTEWATER SERVICES A. STATEMENT OF WORK 1. BACKGROUND. 1.1 Fort Gordon is the home of the United States Army Signal Center, the Gordon Regional Security Operations Center, the Dwight David Eisenhower Army Medical Center, the U.S. Army Dental Activity, the 513th Military Intelligence Brigade, the 93rd Signal Brigade and a 600-man Army Reserve Center. The mission of the U.S. Army Signal Center and Fort Gordon encompasses training, doctrine, force integration and mobilization. The mobilization mission is to maintain assigned Forces Command units in a state of readiness cormnensurate with their authorized level of organization. The Reserve Components Support Division provides year-round training for more than 60,000 reservists, as well as Army and Navy Reserve Officer Training Corps students. 1.2. The Directorate of Public Works and Logistics (DPWL) functions as a key installation manager and, as such, provides advice and assistance to the Garrison Commander, who supports the mission of the Commander, U.S. Army Signal Center and Fort Gordon on matters pertaining to staff responsibility for planning and directing logistical and engineering activities, including real property management, environmental protection, and management of other related installation support actions involved in assuring effective training of personnel. The DPWL administers the base support for engineering and logistical activities, establishes policies, reviews performances, and provides acceptance of contractor services. These services will support more than 17,000 personnel, 876 family housing units, and 1,195 buildings and structures as well as 56,402 acres of grounds. 1.3. Augusta, Georgia (the "Municipality") is a political subdivision of the State of Georgia, created on January 1, 1996 pursuant to Acts of the General Assembly of the State of Georgia that authorized the consolidation of the municipal corporation known as "The City Council of Augusta" (the "City") and the political subdivision known as "Richmond County, Georgia" (the "County"). The Municipality is located in the central eastern portion of the State of Georgia bordering the South Carolina state line, approximately 155 miles east of Atlanta, Georgia and 75 miles southwest of Columbia, South Carolina. 1.4 The Municipality owns and operates a water supply, treatment, and distribution system and a sanitary sewer treatment and collection system (the "System"). The water system consists of a raw surface water supply with a montWy average allotment of water of75 million gallons per day ("MGD"), a ground water supply with a monthly average allotment of 18.4 MGD, raw surface water storage capacity of approximately 169 million gallons, five raw surface water pump stations with aggregate raw water pumping capacity of 88 MGD, 26 active wells with aggregate well-water pumping capacity of 23.1 MGD, five water treatment plants and a rural chlorination system with an aggregate rated capacity for treatment of raw water of 82.7 MGD and an aggregate treated water pumping rated capacity of65.7 MGD, treated water storage capacity of 48.8 million gallons, and a water distribution network of approximately 1,048 miles of pipelines. The sewer system consists of two wastewater treatment plants with an aggregate treatment capacity of 48.34 MGD and a wastewater collection system of 28 wastewater-pumping stations and approximately 680 miles of collection sewers. The water system serves an approximately 210 square mile area containing an estimated population in excess of 180,000 and has approximately 68,113 water connections. The sewer system serves an approximately 106 square mile area containing an estimated population in excess of 150,000 and has approximately 53,644 sewer connections. 1.5. The Assistant Secretary of the Army, Installations and Environment (ASA (I&E)) and the Army's Installation Management Agency (IMA) have selected two Army Post/City pairs as candidates for municipal partnership agreements to provide the Army installation with certain support services. The Post/City pairs that were selected are Fort Huachuca, Arizona, and the City of Sierra Vista, Arizona, and Fort Gordon, Georgia and the City of Augusta, Georgia. Enabling legislation was necessary to fully implement this initiative. Section 325 of Title III of the fiscal year 2005 National Defense Authorization Act authorizes a pilot program for the purchase of certain municipal services for Army installations. The intent behind the legislation is to authorize a program under which the Army W9l249-06-C-0009 Page 21 of 45 can procure local government services to be provided by the neighboring government responsible for serving the area where the installation is located. This contract provides for the procurement of utility services. 2. DESCRIPTION OF SERVICES 2.1 The Municipality, referred to hereafter as the "Contractor" shall install, connect, operate and maintain primary water supply lines to provide potable water supply, and a wastewater pumping station and force main to provide domestic wastewater disposal/treatment services for Fort Gordon, referred to hereafter as the "Government". These facilities, once installed, will comply with all applicable Federal, State and local requirements including the Georgia Department of Natural Resources, Environmental Protection Division and the County standard procedures. 2.2 The Contractor shall provide the Government water and wastewater commodities at a negotiated unit rate per 1000 gallons. Consumption will be based on master meter readings. The Contractor is responsible for meter readings and operation and maintenance of the same located at the connections with the Contractor's existing system. 3. DESIGN, OPERATIONAL, AND MAINTENCE REQUIREMENTS 3.1. The Contractor will design, operate and maintain the facilities to standards IA W accepted standards and specifications including, but not limited to, those published by the American Water Works Association (A WW A), the Water Environment Federation (WEF), the Georgia Environmental Protection Division, and the Augusta Utilities Department. Other applicable standards and procedures are listed at Attachment 1. 3.2. The Contractor shall comply with all applicable Federal, State and local laws/regulations and Fort Gordon specific requirements set forth in this contract. Where there is a conflict between these requirements, State and Federal regulations shall take precedence. The Contractor shall modify its service practices as applicable when applicable Federal, State, or locallawslregulations are changed or new ones are enacted. 3.3. Final alignment of facilities will require field confirmation as it is assumed that current infrastructure drawings may be inaccurate. The Contractor shall maintain record as-built drawings for the water and wastewater facilities' owned and operated by the Contractor on Fort Gordon. Upon request, Fort Gordon may use and copy such drawings. The Contractor shall provide available drawings to Fort Gordon in the form of CAD-CAM disks, or equivalent, using the latest release software compatible with Fort Gordon facilities (i.e., Microstation V.8) at no cost to the Government. The Contractor shall identify changes to and update the drawings to insure delineation of all easements. 3.4. The Contractor shall submit an overall schedule for design, construction and initial operation for each new or expanded facility, for approval by the contracting officer prior to beginning construction of any facility. A project schedule shall be maintained and made available to the Government. 3.5. The Contractor shall provide physical security (i.e., fences, bollards, etc.) for their facilities. 4. DIG PERMITS & UTILITY LOCATION: 4.1 The Contractor shall adhere to Fort Gordon's dig permit process, available at the following website: http://www.gordon.army.mil/dpw/pwd/fe/utilities.location.html . The Contractor shall be responsible for locating underground utility system components in support of the dig permit process. Requests for locations will be W91249-06-C-0009 Page 22 of 45 submitted via the Georgia One Call System. Requests for line location shall be responded to within state requirements of the request and shall be at no additional cost to the Government. 4.2. The Contractor assumes the risk for reasonable subsurface conditions, which are typically encountered during performance of a typical pipeline replacement program. Unusual conditions shall be handled in accordance with FAR 52.236-2, "Differing Site Conditions" located in full text in Section C, "Contract Clauses". 5. EASEMENTS. This contract will provide authorization for the Contractor to enter and construct the necessary water line, wastewater line and wastewater pumping station. The as-built drawings are to be provided to the Directorate of Public Works and Logistics (DPWL). 6. ENVIRONMENTAL REQUIREMENTS. 6.1. The Contractor shall comply with all applicable environmental laws and regulations. The Contractor shall review all applicable Fort Gordon procedures related to environmental protection including, but not limited to, pollution prevention, and spill responses. The Contractor shall either accept the Fort Gordon procedures or propose alternative procedures, for acceptance, to be evaluated by the contracting officer prior to performing work. If the procedures are found to be acceptable, they will be incorporated into the contract. 6.2. The Contractor shall be the party of record for any environmental permits related to operating the System. The Contractor shall be responsible for obtaining any new or revised permits needed to operate and maintain the Sy~tem. 6.3. The Contractor shall comply with the procedures and standards for work in and around environmentally sensitive or contaminated property. Prior to accessing any environmentally sensitive areas, the Contractor shall coordinate with the Contracting Officer's Representative (COR) and cognizant environmental representatives for the site. In conjunction with the execution of the contract, the COR will provide the Contractor with updated lists showing environmentally sensitive sites and points of contact. As new environmentally sensitive sections are identified, the COR will provide updated lists to the Contractor. 6.4. Modifications of the System shall be evaluated and documented in accordance with 32 CFR Part 651 [Army Regulation 200-2], Environmental Analysis of Army Actions. 6.5. The Contractor shall submit written documentation to include the date any pesticides were applied, the name of certified pesticide applicator who performed the work, the location of the application, the ~mount and type of pesticide used, and any other relevant documentation as requested. If the Government determines that additional environmental analysis is necessary as a result of an initiative of the Contractor, then the Contractor will be responsible for all costs incurred to prepare the necessary documents. In order to avoid surface and groundwater contamination, herbicides used for right-of-way maintenance will not be applied directly to wetlands or areas with 'standing water. 6.6. For hazardous chemical or petroleum/oiVlubricant (POL) spills caused by or under the control of the Contractor, the Contractor will contain the spill with Contractor-furnished materials in accordance with the Installation Contingency Plan (ICP). While the spill is being contained, the Contractor shall immediately notify the Fort Gordon Fire and Emergency Services Division, Environmental Branch of the DPWL, and the COR. Containment and notification should occur simultaneously. Cleanup and restoration shall be the responsibility of the Contractor. 6.7. If the Contractor fails to conduct any necessary cleanup/remediation in a satisfactory manner, as determined by contracting officer and regulatory authorities, then the government may correct the deficiency and address reimbursement for costs in accordance with rights established under the contract and/or rights established by applicable laws or regulations, or may pursue the matter as an affirmative claim or through litigation. 6.8. The Emergency Planning and Community Right-to-Know Act (EPCRA) requires that site-specific information concerning hazardous chemicals use and releases be provided. The Contractor is required to maintain an inventory VV91249-06-C-0009 Page 23 of 45 of hazardous materials under its control on the installation. The Contractor is not allowed to store hazardous materials on the installation and may bring on to the installation only those materials to fulfill the Contractor's purpose in regard to construction and management of the facilities. An inventory will be provided to the Fort Gordon Environmental Branch of the DPVVL, on a quarterly basis. Inventories of hazardous substances shall include quantities received, amount used, and quantities turned in for disposal. The amount not accounted for will be considered as quantities that were released to the environment. Copies of material safety data sheets (MSDS) shall be made available. Questions in reference to the EPCRA can be directed to the Fort Gordon ENRMO, through the COR. 6.9. The COR will provide the Contractor with lists showing environmentally sensitive sites and point of contact. As new environmentally sensitive sections are identified, the COR will provide an updated list, at a minimum, annually to the Contractor. 6.10. The Contractor shall be responsible, pursuant to the contract, for perfonning all future environmental assessments, studies, and coordination that may be required as a result of applicable Federal, State, and local agency mandates in the Contractor's exercise of its rights under this easement. This shall include, but not be limited to, all assessments, studies, permitting and coordination required to comply with Federal, State, and local laws regarding environmental protection and enhancement, wetlands, endangered species, historic! archaeological, and hazardous/toxic materials, relating to the Contractor's exercise of its rights under this agreement. 7. SERVICE INTERRUPTION/CONTINGENCY PLAN. 7.1. The Contractor shall develop a Service Interruption/Contingency Plan in response to damages, leaks and other emergency situations. The plan shall meet Fort Gordon's current response times (below), at a minimum. The Fort Gordon corrununity directs all service calls to the Service Order Desk, TEL: 791-5520. ESO - An Emergency Service Order received after normal duty hours requires a response within 2 hours and continuous effort until completion. An ESO received during normal duty hours requires a response within 30 minutes and continuous effort until completion. Priority 1 - requires response within 8 normal duty hours and continuous effort until completion. Priority 2 - requires response within 24 normal duty hours and completion within 10 working days. Priority 3 - requires response within 10 working days and completion within 30 working days. 7.2. Normal duty hours are 0730 - 1600 hours, Monday - Friday. The service order desk is manned 24 hours/day. 7.3 The Contractor shall notify the contracting officer or his designated representative telephonically within one hour of any unexpected interruption of service or related emergencies. The Contractor shall provide the extent of the emergency and anticipated correction time. An after action report will be forwarded to the contracting officer or designated representative, within one working day. The report will detail, at a minimum, the sequence of events, cause, impact, and corrective actions. 8. COORDINATION OF VVORK. The Contractor shall coordinate with the COR and other applicable government personnel to manage support to mission critical buildings, outage coordination, and road closings. The Contractor will identify a single point of contact (POC) to interface with the government personnel. 'Where practical, the COR shall be notified two weeks (minimum), prior to any utility outage or road closure. W91249-06-C-0009 Page 24 of 45 9. NOTICES. The Contractor shall notify the contracting officer of any pertinent changes related to operation, maintenance and design documentation listed in paragraph 2.1.1. All correspondence and notices required under this contract are to be addressed to the contracting officer at the following address: ACA, Fort Gordon Directorate of Contracting Complex Services Division 419 B Street, Building 29718 3rd Floor, Winship Hall Fort Gordon, GA 30905-5719 10. DAMAGES AND RELOCATION. 10.1 The party responsible for damages will pay for any damages to the Contractor's systems within Fort Gordon. In the event of relocation of any part of the System within the Fort Gordon installation, the party requesting the relocation will pay for the Contractor's system relocation within Fort Gordon including engineering assessment, and environmental costs associated with the relocation. 10.2. The Contractor and Fort Gordon do respectively assume full responsibility and liability for the maintenance and operation of the facilities operated by each. It is agreed that neither party hereto shall be responsible for damage to the equipment, apparatus, appliances or property of any kind of one party caused by defects in or failure of the machinery, apparatus or appliances of the other, and the Contractor shall not, in any way, be responsible for the distribution or control or care or protection in or proper utilization of the services beyond the point of its delivery to Fort Gordon. 11. FORT GORDON TRAINING EXERCISES & MEETINGS. At the request of the contracting officer, the Contractor shall be available to participate in meetings associated with this contract. Approximately five (5) meetings are expected annually. 12. MISCELLANEIOUS PROVISIONS. 12.1. No agent or employee of the Contractor has any power to amend or waive any of the provisions of this contract or to make any promises or representations contrary to, or inconsistent with, the provisions hereof. 12.2. This agreement shall not be binding upon the Contractor Wltil signed by the contracting officer and thereafter shall bind and benefit the parties hereto, their successors and assignments. 12.3. The Contractor shall promptly report to the COR any incident for which the Contractor is required to notify a Federal, State or local regulatory agency of an issue of non-compliance with any applicable law or regulation. The Contractor shall promptly provide the COR with copies of any follow-on written notices or reports required by a regulatory agency as a result of any such incident. The Contractor will also be solely responsible for compliance with any enforcement actions initiated by Federal, State, or local authorities due to Contractor's actions or inaction on Fort Gordon. To the extent that the Federal Government retains any sovereign immunity, the Contractor is not entitled to claim any such immunity. 12.4. Fort Gordon's water and wastewater distribution systems are being privatized through the Defense Energy Support Center (DESC). The Contractor is required to coordinate with the COR and the successful offeror(s) to ensure quality, reliable, and continued services are provided. The solicitation is SP0600-01-R-0119 and can be viewed at http://www.desc.dla.mil/default.asp. 12.5 ENERGY CONSERVATION AND PURCHASES. 12.5.1 The Contractor is encouraged to provide energy-efficient systems. Fort Gordon has an established program for conducting and implementing energy conservation projects to reduce utility usage and costs. These projects have resulted in the Fort Gordon entering into long-term financing arrangements with non-Fort Gordon entities. W91249-06-C-0009 Page 25 of 45 Additionally, the Fort Gordon reserves the right to enter into any future energy savings projects with the goal of reducing Fort Gordon costs. The Contractor will facilitate the implementation of any such future energy and water savings projects. However, additional costs associated with agreements entered into by Fort Gordon requiring additional facilities beyond the contents of this agreement shall be the responsibility of Fort Gordon. The Contractor is encouraged to propose projects to Fort Gordon that will increase the overall efficiency of the water and wastewater facilities. 12.5.2. Fort Gordon supports local and state water conservation initiatives and reserves the right to enforce any water restrictions on the installation. 12.6. DISPOSITION OF REMOVED OR SALVAGE MA TERlALS. The removal and disposition of facilities and materials that are not used and useful for the purpose of providing utility services shall be the responsibility of the Contractor. The Contractor shall notify the COR when removing hazardous substances. The Contractor, at its expense, must comply with all applicable laws on occupational safety and health, the handling and storage of hazardous materials, and the proper handling and disposal of hazardous wastes and hazardous substances generated by its activities. Applicable law governs responsibility for the costs of proper handling and disposal of hazardous wastes and hazardous substances and if requested, provide disposal tickets for such substances. 12.7. CONTRACTOR PERSONNEL 12.7.1. All Contractor personnel or any representative of the Contractor entering the Government reservations shall conform to all security regulations which may be in effect during the contract period and shall be subject to such checks as may be deemed necessary to assure that no violations occur. No employee will be permitted on the Reservation when such a check reveals that his presence would be detrimental to the security of the Installation or the accomplishment of work. 12.7.2. The Contractor shall not employ any person for work on this contract if such person is identified as a potential threat to the health, safety, security, general well being, or operational mission of the Fort Gordon community. Where reading, understanding and discussing environmental, health and safety warnings are an integral part of Contractor employee's duties, that employee shall be able to understand, read, write, and speak the English language. All employees who interface with Fort Gordon personnel shall be able to speak and understand the English language 12.7.3. Contractor personnel shall be readily recognizable as Contractor employees. The Contractor shall ensure each employee obtains an identification card that shall include, at a minimum, the employee's name, photograph, and name of the Contractor. Contractor personnel shall follow established Fort Gordon procedures for displaying their identification card during entry and within the boundaries of Fort Gordon. 12.7.4. All Contractor personnel, including sub-contractors, shall meet all applicable Federal, State, and local certification, licensing, and health and safety requirements to perform all assigned tasks and functions as defmed in this contract. 12.8. CONTRACTOR VEHICLES. 12.8.1 Any vehicle used recurringly to deliver goods or services on Fort Gordon must be registered with the Installation Provost Marshal's Office to avoid delays at the entrance gate. At the time of registration you will be required to present a signed letter by the contracting officer stating Contract Number, Project Description (to include location( s)) and Contract Duration; proof of ownership and insurance of the vehicle; and a valid state driver's license for each person who will be driving the vehicle. The Provost Marshall's Vehicle Registration Facility, located in Building 33720, Darling Hall on Chamberlain Avenue, is open from 7:30 A.M. until 4:00 P.M., Monday through Friday. 12.8.2. All Contractor vehicles shall be readily identifiable. Identification shall include displaying the Contractor's name in a clear and unobstructed location on the vehicle. W91249-06-C-0009 Page 26 of 45 12.9. ACCESS TO RECORDS, DATA AND FACILITIES. The Contractor shall permit the contracting officer or his authorized representative access at any reasonable time to all records, data and facilities used in contract performance. 12.10. RELEASE OF NEWS INFORMATION. As a rule on federal installations, no news releases (including photographs and films, public announcements, denial or confirmation of same) on any part of any critical subject matter contract of this nature or any phase of any program of the same shall be made without the prior written approval ofthe contracting officer. However, because this contract deals with two "governmental bodies", under which the Contractor is bound to the public under the Open Records Act, the following agreement in the release of news information (if any) will be enacted: Upon the need of public release of information, both the Augusta, Georgia, The Consolidated Government of Augusta-Richmond County Mayor and his/her equivalent military counterpart (Garrison Commander) will agree on the depth and degree of information to be provided, simultaneously, to both government and public new information sources. 12.11. DANGEROUS WEAPONS ON THE INSTALLATION. As required by USASC&FG Regulation 210-13, the Contractor and his personnel will not transport, possess, or use on this installation privately owned dangerous weapons. "Dangerous Weapons" include all forms offrrearms, missile-throwing devices (e.g., bow and arrow), switch blade or automatic blade lmives, lmives with blades in excess of three inches, ammunition and pyrotechnics, fireworks, bludgeons (e.g., nonchukas), brass knuckles, shooting pens, and similar devices. Unauthorized dangerous weapons will be confiscated and impounded by government personnel. The Contractor agrees to comply with all other provisions of Fort Gordon Regulation 210-13, copies of which are available on request from the contracting officer. A State weapons permit does not supersede this contract provision. 12.12. PERMITS, TAXES, LICENSES, ORDINANCES, AND REGULATIONS. The Contractor shall, at his own expense, obtain all necessary permits, give all notices, pay all license fees and taxes, comply with all municipal, State and Federal laws, ordinances, rules and regulations applicable to the business carried on under this contract. 12.13. GOVERNMENT FURNISHED EMERGENCY MEDICAL TREATMENT. Government emergency vehicles and medical personnel will be provided in emergency on-the-job situations when a Contractor employee's life may be in danger or he or she may be suffering unendurable pain. Government facilities and emergency treatment will be provided in these instances as the frrst point of medical care. Transfer to other than government medical treatment facilities shall be affected as soon as possible and as determined by attending medical authorities. Based on Medical Center policies in effect, charges may be made to the employee. 12.14. SCHEDULES FOR FACILITY CONSTRUCTION 12.14.1 The Contractor shall, within five days after the work commences on the contract or another period of time determined by the contracting officer, prepare and submit to the contracting officer a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the contracting officer may withhold approval of progress payments until the Contractor submits the required schedule. 12.14.2 The Contractor shall enter the actual progress on the chart and deliver a copy of the annotated schedule to the contracting officer. If, in the opinion of the contracting officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the contracting officer, without additional cost to the Government. W91249-06-C-0009 Page 27 of 45 B. CONTRACT PERFORMANCE AND ADMINISTRATION 1. FAR 52.241-3 SCOPE AND DURATION OF CONTRACT (FEB 1995) (a) For the period unti130 September 2010 the Contractor agrees to furnish and the Government agrees to purchase connections to the City system for water and wastewater utility service, and after connection water and wastewater commodities as set forth in the contract. This duration is subject to exercise of the option years in accordance with FAR 52.217-9, Option to Extend the Term of 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 services 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 rate9s) 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 montWy charge specified in this contract shall be equitably prorated for the periods in which commencement and termination of this contract becomes effective. 2. DELIVERABLES. The frequency and distribution requirements for the contract deliverables are set forth in Technical Exhibit 1, Deliverables, hereof. The Contractor shall prepare and submit reports and other data incidental to the performance of services under this contract as referenced in Technical Exhibit 1. 3. FAR 52.241-4 CHANGE IN CLASS OF SERVICE (FEB 1995) (a) In the event of a change in the class of service, such service shall be provided at the Contractor's lowest available rate schedule applicable to the class of service furnished. (b) Where the Contractor does not have on file with the regulatory body approved rate schedules applicable to services provided, no clause in this contract shall preclude the parties from negotiating a rate schedule applicable to the class of service furnished. 4. CONTRACT ADMINISTRATION. Contract Administration Will be performed by: ACA-SR, Fort Gordon, Directorate of Contracting Complex Services Division 419 B Street, Building 29718 Fort Gordon, Georgia 30905-5110 A contract administrator will be assigned to administer the contract after award. However, the contracting officer is responsible for the administration of this contract and is, alone, authorized to take actions on behalf of the Government which result in changes in the terms of the contract, including deviations from specifications and drawings. All correspondence or telephonic inquiries addressed to the Contracting Division shall include the applicable contract number. 5. CONTRACTING OFFICER'S REPRESENTATIVES AND THEIR AUTHORITY The contracting officer will designate individuals to act as Contracting Officer's Representatives (COR) under this contract. Such designations will be made by letter from the contracting officer with an information copy furnished to the Contractor. The COR staff will represent the contracting officer in the technical phases of the work, but will not be authorized to change any of the terms and conditions of the contract. W91249-06-C-0009 Page 28 of 45 The COR staff will act in a liaison capacity to coordinate activities between the Contractor a:qd the Government as required in the performance of work under the contract. No oral statements of any person, whomsoever, will in any manner or degree modifY or otherwise affect the tenns of this contract. The contracting officer is the only person authorized to approve changes in any of the requirements under this contract, and notwithstanding any provisions contained elsewhere in this contract, the said authority shall remain solely with the contracting officer. Contracting Officer's Representatives shall be limited to the authority specified in their designation letter. 6. PROGRESS PAYMENTS. Progress payments based on percentage of progress are authorized for CLINS's 0001AA through 0001AD. The COR will monitor the progress of installation of the connection piping and equipment, and will prepare the Government's progress data to support progress payments and making final inspection and acceptance when connections are completed. The COR will forward inspection/acceptance reports to the contracting officer, as applicable. The COR will concur/nonconcur with the Contractor's request for progress payments submission of progress invoices. All progress payments will require contracting officer's signature before forwarding to the payment office. Payments shall be accepted and processed as long as there is not a variance of more than 5% between Government's and Contractor's progress data. 7. DESIGNATED BILLING OFFICE. Contractor shall submit invoices and progress payment requests to the contracting officer who will validate the status of performance and forward approved invoices to DFAS Indianapolis for payment at the following address: DF AS, Indianapolis Department 3800 Attn: Vendor Pay Office 8899 East 56th Street Indianapolis, IN 46249-380 8. FUNDS AVAILABILITY. FAR Clause 52.232.18, Availability of Funds, (Apr 84) listed on page 36 of this contract is applicable to CLIN's. 0002AA through OOllAB only. Funds are available for CLIN's 0001AA through 0001AD. ACCOUNTING AND APPROPRlATION DATA AB: 216202000006222010131 079Jl 00025FBRAG7PVMIPR6MDPWG7162G7PVRA023 185 AMOUNT: $9,689,447.96 CIN 000000000000000000000000000000: $0.00 CIN OOOOOOOOOOOOOOOOOOOOOOOOOOOIAA: $682,639.40 CIN OOOOOOOOOOOOOOOOOOOOOOOOOOOIAB: $129,669.00 CIN 0000000000000000000000000001 AC: $2,632,457.16 CIN OQOOOOOOOOOOOOOOOOOOOOOOOOO 1 AD: $6,244,682.40 CLAUSES INCORPORATED BY FULL TEXT C. CONTRACT CLAUSES FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (SEP 2005) W9l249-06-C-0009 Page 29 of 45 (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconfonning supplies or reperformance ofnonconforrning services at no increase in contract price. The Government must exercise its post- acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.c. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending fmal resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Defmitions, is incorporated herein by reference. (t) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill oflading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and W91249-06-C-0009 Page 30 of 45 (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only ifrequired elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.c. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment.-- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In cOlUlection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract fmancing or invoice payment, the Contractor shall innnediate1y notify the Contracting Officer and request instructions for disposition of the overpayment. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. VV91249-06-C-0009 Page 31 of45 (1) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. Ifit is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (0) VVarranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 US.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 US.c. 431 relating to officials not to benefit; 40 US.c. 3701, et seq., Contract VVork Hours and Safety Standards Act; 41 US.C. 51-58, Anti-Kickback Act of 1986; 41 US.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification. (t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Governmentis reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor W91249-06-C-0009 Page 32 of 45 shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the time line and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence ofa properly executed novation or change-of- name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. (End of clause) FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (FEB 2006) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions oflaw or Executive orders applicable to acquisitions of commercial items: (1) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) XX_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUL 1995), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). _ (2) 52.219-3, Notice of HUB Zone Small Business Set-Aside (Jan 1999) (15 U.S.C. 657a). _ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.c. 657a). _(4) [Removed]. _ (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.c. 644). _ (ii) Alternate I (OCT 1995) of52.219-6. W91249-06-C-0009 Page 33 of 45 _ (iii) Alternate II (MAR 2004) of 52.219-6. _ (6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644). _ (ii) Alternate I (OCT 1995) of52.219-7. _ (iii) Alternate II (MAR 2004) of52.219-7. XX_ (7) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)). XX_ (8)(i) 52.219-9, Small Business Subcontracting Plan (JUL 2005) (15 U.S.C. 637(d)(4)). _ (ii) Alternate I (OCT 2001) of52.219-9 _(iii) Alternate II (OCT 2001) of52.219-9. _ (9) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)). _ (10)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (SEP 2005) (10 D.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). _ (ii) Alternate I (JUNE 2003) of52.219-23. _ (11) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (OCT 1999) (Pub. L. 103-355, section 7102, and 10 U.S.c. 2323). _ (12) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). _ (13) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004). XX_ (14) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755). _ (15) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2006) (E.O. 13126). XX_ (16) 52.222-21, Prohibition of Segregated Facilities (FEB 1999). XX_ (17) 52.222-26, Equal Opportunity (APR 2002) (E.O. 11246). XX_ (18) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001) (38 D.S.C. 4212). XX_ (19) 52.222-36, AffIrmative Action for Workers with Disabilities (JUN 1998) (29 U.S.c. 793). XX_ (20) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001) (38 D.S.C. 4212). XX_ (21) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201). _ (22)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (AUG 2000) (42 D.S.C. 6962(c)(3)(A)(ii)). VV91249-06-C-0009 Page 34 of 45 _ (ii) Alternate I (AUG 2000) of 52.223-9 (42 U.S.c. 6962(i)(2)(c)). _ (23) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. lOa-lOd). _ (24)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israe1i Trade Act (IAN 2006) (41 US.c. 10a- 10d, 19 US.c. 3301 note, 19 U.S.c. 2112 note, Pub. L. 108-77, 108-78, 108-286). _ (ii) Alternate I (IAN 2004) of 52.225-3. _ (iii) Alternate II (IAN 2004) of 52.225-3. _ (25) 52.225-5, Trade Agreements (IAN 2006) (19 U.S.C. 2501, et seq., 19 US.C. 3301 note). XX_ (26) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury). _ (27) 52.225-15, Sanctioned European Union Country End Products (FEB 2000) (E.O. 12849). _ (28) 52.225-16, Sanctioned European Union Country Services (FEB 2000) (E.O. 12849). _ (29) 52.232-29, Terms for Financing of Purchases ofCormnercia1 Items (FEB 2002) (41 U.S.c. 255(f), 10 US.c. 2307(f)). _ (30) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 US.C. 255(f), 10 US.C. 2307(f)). XX_ (31) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 US.c. 3332). _ (32) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 US.C. 3332). _ (33) 52.232-36, Payment by Third Party (MAY 1999) (31 US.C. 3332). _ (34) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 US.c. 552a). _ (35)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.c. 2631). _ (ii) Alternate I (APR 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _ (1) 52.222-41, Service Contract Act of 1965, as Amended (JUL 2005) (41 US.c. 351, et seq.). _ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.c. 351, et seq.). _ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (MAY 1989) (29 U.S.c. 206 and 41 US.C. 351, et seq.). _ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (February 2002) (29 US.c. 206 and 41 US.C. 351, et seq.). VV91249-06-C-0009 Page 35 of 45 _ (5) 52.222-47, SCA Minimum VVages and Fringe Benefits Applicable to Successor Contract Pursuant to Predecessor Contractor Collective Bargaining Agreements (CBA) (May 1989) (41 US.C. 351, et seq.). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially tenninated, the records relating to the work terminated shall be made available for 3 years after any resulting final tennination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are fmally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision oflaw. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vi) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 US.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (ii) 52.222-26, Equal Opportunity (April 2002) (E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (December 2001) (38 U.S.c. 4212). (iv) 52.222-36, Affirmative Action for VVorkers with Disabilities (June 1998) (29 US.c. 793). (v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201). (vi) 52.222-41, Service Contract Act of 1965, as Amended (Ju12005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.c. 351, et seq.). (vii) 52.247-64, Preference for Privately Owned US.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.'Appx 1241(b) and 10 US.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) VVhi1e not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. W91249-06-C-0009 Page 36 of 45 (End of clause) 52.217 -9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contraCt by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed the date of30 September 2010. (End of clause) ADDENDUM TO 52.217-9, OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) Option years 5 through 10 for performance after 30 Sep 2010 are subject to extension of authority granted by Pulbic Law 108-375, Section 325, Pilot Program for Purchase of Certain Municipal Services for Army Installations. The Contracting Officer is only authorized to exercise these options, in accordance with FAR 52.217-9, if the authority authorized by the pilot program is extended by legislation. 52.232-18 AVAILABILITY OF FUNDS (APR 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. (End of clause) 52.236-2 DIFFERING SITE CONDITIONS (APR 1984) As prescribed in 36.502, insert the following clause in solicitations and contracts when a fixed-price construction contract or a fixed-price dismantling, demolition, or removal of improvements contract is contemplated and the contract amount is expected to exceed the small purchase limitation. The Contracting Officer may insert the clause in solicitations and contracts when a fixed-price construction or a fixed-price contract for dismantling, demolition, or removal of improvements is contemplated and the contract amount is expected to be within the small purchase limitation. (a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of (1) subsurface or latent physical conditions at the site which differ materially from those indicated in this contract, or W91249-06-C-0009 Page 37 of 45 (2) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract. (b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, perfonning any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly. (c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in (a) above for giving written notice may be extended by the Contracting Officer. (d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract. (End of clause) 52.241-2 ORDER OF PRECEDENCE-UTILITIES (FEB 1995) In the event of any inconsistency between the terms of this contract (including the specifications) and any rate schedule, rider, or exhibit incorporated in this contract by reference or otherwise, or any of the Contractor's rules and regulations, the terms of this contract shall control. (End of clause) 52.241-5 CONTRACTOR'S FACILITIES (FEB 1995) (a) The Contractor, at its expense, unless otherwise provided for in this contract, shall furnish, install, operate, and maintain all facilities required to furnish service hereunder, and measure such service at the point of delivery specified in the Service Specifications. Title to all such facilities shall remain with the Contractor and the Contractor shall be responsible for loss or damage to such facilities, except that the Govennnent shall be responsible to the extent that loss or damage has been caused by the Govennnent's negligent acts or omissions. (b) Notwithstanding any terms expressed in this clause, the Contractor shall obtain approval from the Contracting Officer prior to any equipment installation, construction, or removal. The Govennnent hereby grants to the Contractor, free of any rental or similar charge, but subject to the limitations specified in this contract, a revocable pennit or license to enter the service location for any proper purpose under this contract. This pennit or license includes use of the site or sites agreed upon by the parties hereto for the installation, operation, maintenance, and repair of the facilities of the Contractor required to be located upon Govennnent premises. All applicable taxes and other charges in connection therewith, together with all liability of the Contractor in construction, operation, maintenance and repair of such facilities, shall be the obligation of the Contractor. (c) Authorized representatives of the Contractor will be allowed access to the facilities on Govennnent premises at reasonable times to perform the obligations of the Contractor regarding such facilities. It is expressly understood that the Govennnent may limit or restrict the right of access herein granted in any manner considered necessary (e.g., national security, public safety). (d) Unless otherwise specified in this contract, the Contractor shall, at its expense, remove such facilities and restore Govennnent premises to their original condition as near as practicable within a reasonable time after the Govennnent tenninates this contract. In the event such tennination of this contract is due to the fault of the Contractor, such W91249-06-C-0009 Page 38 of 45 facilities may be retained in place at the option of the Government for a reasonable time while the Government attempts to obtain service elsewhere comparable to that provided for hereunder. (End of clause) 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 2 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 ofless than 27 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 one (1) year. 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 2 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 2 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 10 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) 52.241-8 CHANGE IN RATES OR TERMS AND CONDITIONS OF SERVICE FOR UNREGULATED SERVICES (FEB 1995) W91249-06-C-0009 Page 39 of 45 (a) This clause applies to the extent that services furnished hereunder are not subject to regulation by a regulatory body. (b) After the first complete year of services, on 01 October of each contract 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) - 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 - in accordance with FAR Clause 52.232-27, 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$9,689,447.00 less the agreed to salvage value of$O.OO (NONE), 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 12 months after the notice of termination by the Government. If the Contractor and the Government have not agreed on terms for retention in place beyond 12 months, then the Contractor must remove the facilities pursuant to the terms of subparagraph (d)(2) of this clause. W91249-06-C-0009 Page 40 of 45 (2) To remove such facilities at the Contractor's own expense within 12 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) 52.241-11 MULTIPLE SERVICE LOCATIONS (FEB 1995) (a) At any time by written order, the Contracting Officer may designate any location within the service area of the Contractor at which utility service shall commence or be discontinued. Any changes to the service specifications shall be made a part of the contract by the issuance of a contract modification to include the name and location of the service, specifying any different rate, the point of delivery, different service specifications, and any other terms and conditions. (b) The applicable monthly charge specified in this contract shall be equitably prorated from the period in which commencement or discontinuance of service at any service location designated under the Service Specifications shall become effective. (End of clause) 52.242-15 STOP-WORK. ORDER (AUG 1989) (a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-- (1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract. (b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-- (1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before fmal payment under this contract. (c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at W91249-06-C-0009 Page 41 of 45 the termination settlement. (d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order. (End of clause) 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) (a) If the performance of all or any part of the work of this contract is delayed or interrupted (1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or (2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract. (b) A claim under this clause shall not be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved, and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract. (End of clause) 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (MAR 2006) (a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components. :xx _ 52.203-3 Gratuities (APR 1984) (10 U.S.c. 2207). (b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components. _252.205-7000 Provision ofInformation to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416) . _252.219-7003 Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (DoD Contracts) (APR 1996) (15 U.S.C. 637). _ 252.219-7004 Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (Test Program) (JUN 1997) (15 U.S.C. 637 note). W91249-06-C-0009 Page 42 of 45 _ 252.225-7001 Buy American Act and Balance of Payments Program (JUN 2005) (41 U.S.C. lOa-lOd, E.O. 10582).). _ 252.225-7012 Preference for Certain Domestic Commodities (JUN 2004) (10 U.S.C. 2533a). _ 252.225-7014 Preference for Domestic Specialty Metals (JUN 2005) (10 U.S.C. 2533a). _ 252.225-7015 Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 D.S.C. 2533a). _ 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings (MAR 2006) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts). _ 252.225-7021 Trade Agreements (FEB 2006) (19 D.S.C. 2501-2518 and 19 U.S.c. 3301 note). _ 252.225-7027 Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779). _ 252.225-7028 Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755). _ 252.225-7036 Buy American Act--Free Trade Agreements--Balance of Payments Program (JUN 2005) (------ Alternate I) (IAN 2005) (41 U.S.C. lOa-10d and 19 U.S.c. 3301 note). _ 252.225-7038 Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 D.S.C. 2534(a)(3)). _ 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts). _ 252.227-7015 Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320). _ 252.227-7037 Validation of Restrictive Markings on Technical Data (SEP 1999) (10 D.S.C. 2321). xx _ 252.232-7003 Electronic Submission of Payment Requests (lAN 2004) (10 U.S.C. 2227). . _ 252.237-7019 Training for Contractor Personnel Interacting with Detainees (SEP 2005) (Section 1092 of Pub. 1. 108-375). _ 252.243-7002 Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410). _ 252.247-7023 Transportation of Supplies by Sea (MAY 2002) ( (_Alternate II) (MAR 2000) <-Alternate III (May 2002). Alternate I) (MAR 2000) _252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000) (10 D.S.C. 2631). (c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (Federal Acquisition Regulation 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: 252.225-7014 Preference for Domestic Specialty Metals, Alternate I (APR 2003) (10 U.S.c. 2533a). 252.237-7019 Training for Contractor Personnel Interacting with Detainees (SEP 2005) (Section 1092 of Pub. 1. 108-375). W91249-06-C-0009 Page 43 of 45 252.247-7023 Transportation of Supplies by Sea (MAY 2002) (10 U.S.c. 2631). 252.247 -7024 Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631) (End of clause) 252.241-7001 GOVERNMENT ACCESS. (DEC 1991) Authorized representatives of the Government may have access to the Contractor's on-base facilities upon reasonable notice or in case of emergency. TECHNICAL EXHIBIT 1 Deliverables Para Description Frequency/As of Disposition/Format Date/Submission Data 2.1.3 Contractor maintained As-Built Upon Request To COR, Bldg 14600 drawings for water and Hard copy and/or electronic wastewater facilities owned and Form: CAD-CAM disk in operated by Contractor on Fort compatible software Gordon Installation 2.1.4 Overall schedule for design, Before beginning To COR, Bldg 14600 construction and initial operation construction of Hard copy and/or electronic for each new or expanded facility facility 2.4.1 As-Built drawings DPWL - after To COR, Bldg 14600 construction is Hard copy and/or electronic completed 2.5.5 Pesticide applications by When work occurs To COR, Bldg 14600 contractor on Fort Gordon Hard copy and/or electronic Installation 2.5.6 Notification of hazardous Immediately To COR, Bldg 14600 chemicals or Verbal followed by hard copy petroleurnloiVlubricant spills and/or electronic 2.5.8 Inventory of hazardous Quarterly To COR/ENRMO, Bldg 14600 substances Hard copy and/or electronic 2.5.8 MSDS sheets Made available as To COR, Bldg 14600 requested Hard copy and/or electronic 2.5.10 Future environmental assessment As requested by To COR, Bldg 14600 studies and/or coordination Federal State or Legal Hard copy and/or electronic Agencies 2.7.1 Service Interruption/Contingency Before commodity To COR, Bldg 14600 Plan service begins Hard copy and/or electronic 2.7.2 Telephonic notification of KO/COR within one To COR, KO unexpected interruption of hour By phone through numbers servIce provided by the COR. Currently 706-791-6180, pager 706-667-3688 2.7.2 After action report To KO/COR within To COR, Bldg 14600 VV91249-06-C-0009 Page 44 of 45 one working day Hard copy and/or electronic 2.8.1 Single Point of Contact Before Contract Start To COR, Bldg 14600 Date Hard copy and/or electronic 2.8.1 Utility outage or road closures COR - 2 weeks prior To COR, B1dg 14600 Hard copy and/or electronic 2.11.3 Incident report if noncompliance Immediately provide To COR, Bldg 14600 notification is required by copies of any follow Hard copy and/or electronic applicable Federal State or Local on reports or Regulatory Agency notifications 2.13.1 Notification of removal of COR as occurs To COR, Bldg 14600 hazardous substances Hard copy and/or electronic TECHNICAL EXHIBIT 2 Standards · Water and Wastewater Standards for Operations of Utilities . 40 CFR 141 and 143 . A WW A C502-94 · CIPRA Handbook · Water Distribution Operator's Handbook · Water Supply Operations-Volume 3 . A WW A C500-93 · Mil-HDBK-1008C, Fire Protection for Facility Engineers, Design, and Construction · Army Regulation 420-49, Utility Services W9l249-06-C-0009 Page 45 of 45 . National Fire Protection Association and Standards, NFPA-l . WEF MOP-1 . WEF MOP-7 . WEF MOP FD-6 . NPDES Permits . General Industry Standards . A WW A C700-95 . 32 CFR 651, Environmental Analysis of Army Actions . Augusta Utilities Department Standards and Specifications . u.s. ARMY CONTRACTING AGENCY SOUTHERN REGION RlRTGOROONDItECroRATEOFCONTRACTING 419 BsrREEr,BUI.IJlNG2!J7183RD RDOR fURt'GOROON,G/.\ 309OS6719 September 29, 2006 Directorate of Contracting Mr. Russel~ Please find attached the signed contract W91249-06-C-0009. Request that the Mayor sign the Standard Form 1449, Blocks 30 (a)(b) & (c) and return one copy for our administrative files and keep one for your records. If you will have a staff member call Mr. Ken Mason at (706) 791-1810, we will make arrangements to pick it up. We look forward to a very successful partnership between the city of Augusta and Fort Gordon. Respectfully, ~JK .~W- ;:~EL K. MASO/ - Contracting Officer ACASR, Fort Gordon Directorate of Contracting