1
EXHIBIT 10.15
PAGE 1 OF 43
30 MAR 1988
SOLICITATION/CONTRACT
BIDDER/OFFEROR TO COMPLETE BLOCKS 11, 13, 15, 21, 22, & 27.
PJH/YPS J U
1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 350) RATING
DO C2/C9(e)
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. SOLICITATION NUMBER
F41608-84-C-A100-PZ0050 84 MAY 16
5. SOLICITATION TYPE 6. SOLICITATION ISSUE DATE
/ / SEALED BIDS / / NEGOTIATED
(CFB) (RFP)
7. ISSUED BY CODE FD2050
DEPARTMENT OF THE AIR FORCE
DIRECTORATE OF CONTRACTING & MFG
SAN ANTONIO AIR LOGISTICS CENTER
KELLEY AFB, TEXAS 78241-5000
BUYER: KNICKERBOCKER, S./PMR/(512) 925-3091
NO COLLECT CALLS
8. THIS ACQUISITION IS
/ / UNRESTRICTED / / LABOR SURPLUS AREA CONCERNS
/ / SET ASIDE: % FOR / / COMBINED SMALL BUSINESS &
LABOR SURPLUS AREA CONCERNS
/ / SMALL BUSINESS /X/ OTHER RESTRICTED
SIC : SIZE STANDARD:
9. SOLICITATION: N/A
10. ITEMS TO BE PURCHASED (BRIEF DESCRIPTION).
/X/ SUPPLIES /X/ SERVICES CONSTRUCTION MGMT SERVICES
11. IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN ______ CALENDAR DAYS
(60 CALENDAR DAYS UNLESS OFFEROR INSERTS A DIFFERENT PERIOD)
FROM THE DATE SET FORTH IN BLK 9 ABOVE, THE CONTRACTOR AGREES TO
HOLD HIS OFFERED PRICES FIRM FOR THE ITEMS SOLICITED HEREIN AND
TO ACCEPT ANY RESULTING CONTRACT SUBJECT TO THE TERMS AND CONDITIONS
STATED HEREIN:
12. ADMINISTERED BY CODE
PAS #: NONE SCD: C
13. CONTRACTOR OFFEROR CODE 9Z237 FACILITY CODE
CRS/SIRRINE METCALF & EDDY
1177 WEST LOOP SOUTH, 6TH FL
HOUSTON TX 77027
DUNS NO 054447164
/ / CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN ORDER
TELEPHONE NO
14. PAYMENT WILL BE MADE BY CODE S4403A
WRIGHT-PATTERSON AIR FORCE BASE
2750 ABW/ACFIM
WRIGHT-PATTERSON AFB, OH 45433
SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK : 7
15. PROMPT PAY DISCOUNT
None
16. AUTHORITY FOR USING OTHER THAN 10 U.S.C. 2304 41 U.S.C. 253
FULL AND OPEN COMPETITION /X/ (C) ( 4 ) / / (C) ( )
17. 18. 19. 20. 21. 22.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
SEE SCHEDULE
FMS REQUIREMENT
________________________________
APPROVED: 24 MAR 1988
/S/ JAMES C. BARONE
-------------------------
JAMES C. BARONE
Asst DCS/Contracting
and Manufacturing
Air Force Logistics Command
________________________________
23. ACCOUNTING AND APPROPRIATION DATA
SEE SECTION G
24. TOTAL AWARD AMOUNT (FOR GOVT. USE ONLY)
$815,733,237.00
25. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO
/X/ ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET
FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY CONTINUATION SHEETS SUBJECT
TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
26. AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION NUMBER
/ / SHOWN IN BLOCK 4 INCLUDING ANY ADDITIONS OR CHANGES WHICH
ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
27. SIGNATURE OF OFFEROR/CONTRACTOR
/s/ TRUITT B. GARRISON
28. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
/s/
NAME AND TITLE OF SIGNER (TYPE OR PRINT) DATE SIGNED
08 MAR 1988
NAME OF CONTRACTING OFFICER DATE SIGNED
08 MAR 1988
* DOD SIMPLIFICATION TEST (APR 85)
2
PAGE 2 of 43
CONTRACT NUMBER F41608-84-C-A100-PZ0050
PART I - THE SCHEDULE
SECTION B
SUPPLIES OR SERVICE AND PRICES/COSTS
The Contractor shall furnish to the Government, under the Peace Shield Program,
Supplies and Services called for hereunder in meeting the overall Program
Management responsibilities to deliver facilities to the United States Air
Force. The Supplies and Services shall be furnished in accordance with
Appendix "A", Statement of Work entitled "Peace Shield Program Services For
Peace Shield Facilities Construction Program", dated 88 JAN 22.
---------
- - --------------------------------------------------------------------------------
ITEM SUPPLIES/SERVICES AMOUNT
- - --------------------------------------------------------------------------------
0001 PEACE SHIELD PROGRAM MANAGEMENT SERVICES
----------------------------------------
Provide all personnel, supplies, and facilities
to accomplish the Peace Shield Program Management
Services.
0001AA Provide Management Services to accomplish $140,000,000.00
Peace Shield Program Services. ---------------
ACRN: AA (Firm Fixed Price) ($120,000,000.00)
ACRN: AE (Firm Fixed Price) ($20,000,000.00)
0001AB UNPRICED OPTION $ * TBN
-------
Provide Management Services
to accomplish final Design for
the Central Maintenance Facility.
ACRN: AA (Firm Fixed Price)
0001AC UNPRICED OPTION $ * TBN
-------
Provide Management Services to accomplish
Construction Management of the Central
Maintenance Facility.
ACRN: AA (Firm Fixed Price)
0001AD Provide Management Services $ * TBN
to accomplish concept design -------
for the BOC at Jeddah AB.
ACRN: AA (Firm Fixed Price)
0001AE UNPRICED OPTION $ * TBN
-------
Provide Management Services
to accomplish final design
for the BOC at Jeddah AB.
ACRN: AA (Firm Fixed Price)
0001AF UNPRICED OPTION $ * TBN
-------
Provide Management Services
to accomplish construction
management for the BOC at
Jeddah AB.
ACRN: AA (Firm Fixed Price)
* TBN: TO BE NEGOTIATED
3
PAGE 3 OF 43
CONTRACT NUMBER F41608-84-C-A100-PZ0050
0001AG UNPRICED OPTION $ * TBN
-------
Provide management services
to accomplish Final design
and logistics services of FF&E.
ACRN: AA (Firm Fixed Price)
0002 DESIGN
------
Furnish the following design services for
the Peace Shield Program.
0002AA Site adapt the design of the Riyadh Command $ 3,646,040.00
Operations Center (COC) for Sector Command --------------
Center/Sector Operation Centers (SCC/SOC's)
at King Abdulaziz AB (KAAB), Al Kharj AB (AKAB),
King Faisal AB (KFAB), King Khalid AB (KKAB)
and King Fahad AB (KFDAB). This site adapt includes
relocation of Decontamination Cell and Gas Turbine
Generator System for each SCC/SOC.
ACRN: AA (Firm Fixed Price) ($703,040.00)
ACRN: AE (Firm Fixed Price) ($2,943,000.00)
0002AB Provide Concept and Final Design for $13,283,463.00
seventeen (17) Long Range Radar Sites (LRR's) --------------
with co-located Ground Entry Stations (GES) at
four (4) of the LRR's and for a single GES.
ACRN: AE (Firm Fixed Price)
0002AC Provide SCC/SOC Concept and Final Design $ 5,058,277.00
incorporating C3 Criteria and Infrastructure --------------
and surface structure design modifications.
ACRN: AA (Firm Fixed Price) ($1,012,132.00)
ACRN: AE (Firm Fixed Price) ($4,046,145.00)
0002AD Provide Field Site Investigations to support $ 780,081.00
Design of SCC/SOC's, and Topographical Surveys --------------
for LRR's and GES.
ACRN: AE (Firm Fixed Price)
0002AE Provide Field Investigations and Excavation $ 132,727.00
Design Services for the relocated Al Kharj --------------
SCC/SOC.
ACRN: AE (Firm Fixed Price)
0002AF Acquire Facility Design Criteria $ 1,624,065.00
--------------
ACRN: AA (Firm Fixed Price) ($493,385.00)
ACRN: AE (Firm Fixed Price) ($1,130,680.00)
0002AG Provide revised Concept and Final Design for $ 449,549.00
Conformal Fuel Tank (CFT) Facilities at KAAB, --------------
KFDAB and KKAB.
ACRN: AD (Firm Fixed Price)
0002AH UNPRICED OPTION $ * TBN
-------
Provide Final Design for (CMF)
Central Maintenance Facility at AKAB.
The Estimated Cost to the Government for this
Contract Line Item is $_____________.
The Fixed Fee for this Contract Line Item
is $_____________.
ACRN: AA (Cost Plus Fixed Fee)
4
PAGE 4 OF 43
CONTRACT NUMBER F41608-84-C-A100-PZ0050
0002AJ UNPRICED OPTION $ * TBN
-------
Provide Final Design for (BOC)
Base Operation Center at Jeddah AB
The Estimated Cost to the Government for this
Contract Line Item is $_____________.
The Fixed Fee for this Contract Line Item
is $_____________.
ACRN: AA (Cost Plus Fixed Fee)
0002AK Provide Final Design for Riyadh CDC $ 1,966,751.00
incorporating C3 Criteria. --------------
ACRN: AA (Firm Fixed Price)
0002AL RESERVED
0002AM Provide Concept Design for Central Maintenance $ 255,257.00
Facility (CMF) at Al Kharj. --------------
The Estimated Cost to the Government for this
Contract Line Item is $239,703.00.
-----------
The Fixed Fee for this Contract Line Item
is $5,554.00.
---------
ACRN: AE (Cost Plus Fixed Fee)
0002AN UNPRICED OPTION $ * TBN
-------
Provide Concept Design for Base Operations
Center (BOC) at Jeddah AB.
The Estimated Cost to the Government for this
Contract Line Item is $____________.
The Fixed Fee for this Contract Line Item
is $_____________.
ACRN: AE (Cost Plus Fixed Fee)
0002AP Develop Concept Design to incorporate $ 260,710.00
C3 Criteria into CDC at Riyadh. --------------
ACRN: AA (Firm Fixed Price)
0002AQ RESERVED
0002AR Provide Concept Design for the $ 812,793.00
Communications Site Facilities. --------------
The Estimated Cost to the Government for this
Contract Line Item is $771,879.00.
-----------
The Fixed Fee for this Contract Line Item
is $40,914.00.
----------
ACRN: AE (Cost Plus Fixed Fee)
0003 EXCAVATION
----------
Complete excavation for the five SCC/SOC's by $11,223,241.00
subcontract. --------------
The Estimated Cost to the Government for this
Contract Line Item is $10,715,716.00.
--------------
The Fixed Fee for this Contract Line Item
is $507,525.00.
-----------
ACRN: AA ($4,545,263.00)
ACRN: AE ($6,677,978.00)
5
PAGE 5 OF 43
CONTRACT NUMBER F41608-84-C-A100-PZ0050
0003AA Complete excavation for SCC/SOC at KAAB.
ACRN: AA (Cost Plus Fixed Fee)
0003BA Complete excavation for SCC/SOC at KKAB.
ACRN: AE (Cost Plus Fixed Fee)
0003BB Complete excavation for SCC/SOC/BOC at AKAB.
ACRN: AE (Cost Plus Fixed Fee)
0003BC Complete excavation for SCC/SOC at KFDAB.
ACRN: AE (Cost Plus Fixed Fee)
0003BD Complete excavation for SCC/SOC at KFAB.
ACRN: AE (Cost Plus Fixed Fee)
0004 CONSTRUCTION
------------
Complete constuction as follows by subcontract
for the Peace Shield Program. $367,877,565.00
---------------
The Estimated Cost to the Government for this
Contract Line Item is $351,245,194.00
---------------
The Fixed Fee for this Contract Line Item
is $16,632,371.00
--------------
ACRN: AA ($39,504,563.00)
ACRN: AB ($21,688,456.00)
ACRN: AC ($9,865,542.00)
ACRN: AE ($296,819,004.00)
ACRN: AD (-0-)
0004AA Construct SCC/SDC at KAAB.
ACRN: AA (Cost Plus Fixed Fee)
0004AE Modify COC at Riyadh.
ACRN: AA (Cost Plus Fixed Fee)
0004AC Construct Audio-Visual Publications
Facility (AV/PUBS) at Riyadh Air Base.
ACRN: AB (Cost Plus Fixed Fee)
0004AD Modify existing Water Distribution System at KAAB.
ACRN: AB (Cost Plus Fixed Fee)
ACRN: AC (Cost Plus Fixed Fee)
0004AE Modify existing Water Distribution System at KFDAB.
ACRN: AB (Cost Plus Fixed Fee)
ACRN: AC (Cost Plus Fixed Fee)
0004AF Modify existing Water Distribution System at KKAB.
ACRN: AB (Cost Plus Fixed Fee)
ACRN: AC (Cost Plus Fixed Fee)
6
PAGE 6 OF 43
CONTRACT NUMBER F41608-84-C-A100-PZ0050
0004AG Construct CFT at KAAB.
ACRN: AC (Cost Plus Fixed Fee)
ACRN: AD (Cost Plus Fixed Fee)
0004AH Construct CFT at KFDAB.
ACRN: AC (Cost Plus Fixed Fee)
ACRN: AD (Cost Plus Fixed Fee)
0004AJ Construct CFT at KKAB.
ACRN: AC (Cost Plus Fixed Fee)
ACRN: AD (Cost Plus Fixed Fee)
0004AK RESERVED
0004AL Improvements to Riyadh Air Base Peace Shield
Project Office.
ACRN: AA (Cost Plus Fixed Fee)
0004AM Construct SCC/SOC at KKAB.
ACRN: AE (Cost Plus Fixed Fee)
0004AN UNPRICED OPTION $ = TBN
---------
Construct BOC at Jeddah Air Base.
The Estimated Cost to the Government for this
Contract Line Item is $ .
---------
The Fixed Fee for this Contract Line Item
is $ .
----------
ACRN: AE (Cost Plus Fixed Fee)
0004AP UNPRICED OPTION $ = TBN
---------
Construct CMF.
The Estimated Cost to the Government for this
Contract Line Item is $ .
---------
The Fixed Fee for this Contract Line Item
is $ .
----------
ACRN: AE (Cost Plus Fixed Fee)
0004AQ Construct LRR (E-8).
ACRN: AE (Cost Plus Fixed Fee)
0004AR Construct LRR (N-69).
ACRN: AE (Cost Plus Fixed Fee)
0004AS Construct LRR/GES (N-68).
ACRN: AE (Cost Plus Fixed Fee)
0004AT Construct LRR/GES (S-7).
ACRN: AE (Cost Plus Fixed Fee)
0004AU Construct LRR (C-61).
ACRN: AE (Cost Plus Fixed Fee)
0004AV Construct LRR/GES (E-15A).
ACRN: AE (Cost Plus Fixed Fee)
7
PAGE 7 OF 43
CONTRACT NUMBER F41608-84-C-A100-PZ0050
0004AW Construct SCC/SOC/BOC at AKAB.
ACRN: AE (Cost Plus Fixed Fee)
0004AX Construct SCC/SOC at KFDAB.
ACRN: AE (Cost Plus Fixed Fee)
0004AY Construct LRR (S13).
ACRN: AE (Cost Plus Fixed Fee)
0004AZ Construct LRR/GES (S25).
ACRN: AE (Cost Plus Fixed Fee)
0004BA Construct LRR (W18).
ACRN: AE (Cost Plus Fixed Fee)
0004BB Construct LRR (N-39).
ACRN: AE (Cost Plus Fixed Fee)
0004BC CONSTRUCT LRR (W-20)
ACRN: AE (Cost Plus Fixed Fee)
0004BD CONSTRUCT LRR (C-20)
ACRN: AE (Cost Plus Fixed Fee)
LRR OPTION SITES
The below listed radar sites are
included herein as priced options
only. Contractor shall not
expend funds or commence work in
conjunction therewith unless
authorized by the contracting
officer in accordance with the
procedures set forth in special
provision H-926 of the contract.
0004BE PRICE OPTION $15,917,054.00
--------------
Construct LRR (N-4).
The Estimated Cost to the Government for this
Contract Line Item is $15,195,608.00.
--------------
The Fixed Fee for this Contract Line Item
is $721,446.00.
-----------
ACRN: AE (Cost Plus Fixed Fee)
0004BF PRICED OPTION $16,454,474.00
--------------
Construct LRR (N-17).
The Estimated Cost to the Government for this
Contract Line Item is $15,708,670.00.
--------------
The Fixed Fee for this Contract Line Item
is $745,804.00.
-----------
ACRN: AE (Cost Plus Fixed Fee)
0004BG CONSTRUCT LRR (E-1)
ACRN: AE (Cost Plus Fixed Fee)
8
PAGE 8 OF 43
CONTRACT NUMBER F41608-84-C-A100-PZ0050
0004BH Construct SCC/SDC at KFAB.
ACRN: AE (Cost Plus Fixed Fee)
0004BJ CONSTRUCT LRR (W-1).
ACRN: AE (Cost Plus Fixed Fee)
0004BK CONSTRUCT LRR (C-1).
ACRN: AE (Cost Plus Fixed Fee)
0004BL CONSTRUCT GES (W-27)
ACRN: AE (Cost Plus Fixed Fee)
0004BM Peace Sun II/Peace Hawk VII cleanup pursuant to
Special Provision H-950
ACRN: AB (Reimbursable)
AC (Reimbursable)
AD (Reimbursable)
0005 CONSTRUCTION MATERIALS/EQUIPMENT
--------------------------------
Provide materials/equipment in accordance
with the Statement of Work $241,956,878.00
---------------
The Estimated Cost to the Government for this
Contract Line Item is $231,015,372.00
---------------
The Fixed Fee for this Contract Line Item is $ 10,941,506.00
---------------
ACRN: AA ($18,119,249.00)
ACRN: AC ($15,750.00)
ACRN: AE ($223,821,879.00)
0005AA Provide blast doors for five SCC/SOCs.
ACRN: AA (Cost Plus Fixed Fee)
ACRN: AE (Cost Plus Fixed Fee)
0005AB Provide Power Generation Systems for five SCC/SOC's.
ACRN: AA (Cost Plus Fixed Fee)
ACRN: AE (Cost Plus Fixed Fee)
0005AC Provide Air Handling Units for five SCC/SOC's.
ACRN: AA (Cost Plus Fixed Fee)
ACRN: AE (Cost Plus Fixed Fee)
0005AD Provide Chillers for five SCC/SOC's.
ACRN: AA (Cost Plus Fixed Fee)
ACRN: AE (Cost Plus Fixed Fee)
0005AE Provide Central Control & Monitoring System
(CCMS) for five SCC/SOC's.
ACRN: AA (Cost Plus Fixed Fee)
ACRN: AE (Cost Plus Fixed Fee)
0005AF Provide Elevators for five SCC/SOC's.
ACRN: AA (Cost Plus Fixed Fee)
ACRN: AE (Cost Plus Fixed Fee)
9
PAGE 9 OF 43
CONTRACT NUMBER F41608-84-C-A100-PZ0050
0005AG Provide Intake, Exhaust and Return Air Fans
for five SCC/SOC's.
ACRN: AA (Cost Plus Fixed Fee)
ACRN: AE (Cost Plus Fixed Fee)
0005AH Provide Water Treatment Units for five SCC/SOC's.
ACRN: AA (Cost Plus Fixed Fee)
ACRN: AE (Cost Plus Fixed Fee)
0005AJ Provide Air Filters, Filter Assemblies
for five SCC/SOC's.
ACRN: AA (Cost Plus Fixed Fee)
ACRN: AE (Cost Plus Fixed Fee)
0005AK RESERVED
0005AL Provide Power Generation Systems for
seventeen LRR sites and one GES site.
ACRN: AE (Cost Plus Fixed Fee)
0005AM Provide Transformers for seventeen LRR
sites and one GES site.
ACRN: AE (Cost Plus Fixed Fee)
0005AN Provide Uninterruptible Power Supply (UPS) Systems
for seventeen LRR sites and one GES site.
ACRN: AE (Cost Plus Fixed Fee)
0005AP Provide Chillers for seventeen LRR sites.
ACRN: AE (Cost Plus Fixed Fee)
0005AQ Provide Loop Switches for seventeen LRR sites.
ACRN: AE (Cost Plus Fixed Fee)
0005AR Provide Central Control & Monitoring System
(CCMS) for seventeen LRR sites and one GES site.
ACRN: AE (Cost Plus Fixed Fee)
0005AS Provide Purchased Services/Materials
to support the USAF Jet Engine Test
Facilities Design Verification Team
ACRN: AC (Cost Reimbursable)
0005AT Modify Central Control Monitoring System (CCMS)
for COC
ACRN: AA (Cost Plus Fixed Fee)
0005AU Provide Elevator for COC
ACRN: AA (Cost Plus Fixed Fee)
0005AV Provide Blast Doors for COC
ACRN: AA (Cost Plus Fixed Fee)
0005AW Provide CBR Filters for COC
ACRN: AE (Cost Plus Fixed Fee)
10
PAGE 10 OF 43
CONTRACT NUMBER F41608-84-C-A100-PZ0050
0006 CONSTRUCTION MATERIAL/EQUIPMENT HANDLING SERVICES
-------------------------------------------------
Provide services, supplies, facilities and
equipment required for shipping, packing,
transportation to Saudi Arabia, receiving, and
warehousing of construction materials and
equipment including items in assigned subcontracts. $1,547,814.00
-------------
The Estimated Cost to the Government for this
Contract Line Item is $1,477,820.00.
-------------
The Fixed Fee for this Contract Line Item
is $69,994.00
----------
ACRN: AA (Cost Plus Fixed Fee) ($113,945.00)
ACRN: AE (Cost Plus Fixed Fee) ($1,434,038.00)
0007 GEOTECHNICAL INVESTIGATIONS
---------------------------
0007AA Conduct Geotechnical Investigations to support
design of LRRs. GES and CMF. $494,189.00
-----------
The Estimated Cost to the Government for this
Contract Line Item is $471,841,000.
------------
The Fixed Fee for this Contract Line Item
is $22,348.00
----------
ACRN: AA (Cost Plus Fixed Fee) ($469,530.00)
ACRN: AE (Cost Plus Fixed Fee) ($24,688.00)
0007AB RESERVED
ESTIMATED
0008 REIMBURSABLE ITEMS $2,000,000.00
------------------ -------------
ACRN: AA ($1,000,000.00)
ACRN: AE ($1,000,000.00)
0008AA Reimbursement of Social Insurance payments imposed
upon the Contractor by the Government of Saudi
Arabia shall be payable pursuant to Special
Provision H-908 of this Contract.
ACRN: AA (Cost Reimbursable)
ACRN: AE (Cost Reimbursable)
0008AB Reimbursement of Custom Duties, Taxes and Charges
for doing business paid by the Contractor under
this contract shall be payable pursuant to Special
Provision H-903 of this contract.
ACRN: AA (Cost Reimbursable)
ACRN: AE (Cost Reimbursable)
0008AC Reimbursement of Saudi Arabian Labor Law claims
shall be payable pursuant to Special Provision
H-907 of this Contract.
ACRN: AA (Cost Reimbursable)
ACRN: AE (Cost Reimbursable)
0008AD Reimbursement of Cost resulting from Saudi Arabian
Sovereign Acts shall be payable pursuant to Special
Provision H-941 of this contract.
ACRN: AA (Cost Reimbursable)
ACRN: AE (Cost Reimbursable)
11
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
0008AE Reimbursement of Cost resulting from delays in
issuance of visas, licenses, permits or area
clearances shall be payable pursuant to Special
Provision H-909 of this Contract.
ACRN: AA (Cost Reimbursable)
ACRN: AE (Cost Reimbursable)
0008AF Reimbursement of Cost for loss of damage to property
owned by the Contractor, or his Subcontractor or
their employees shall be payable to Special
Provision H-911 of this contract.
ACRN: AA (Cost Reimbursable)
ACRN: AE (Cost Reimbursable)
0008AG Reimbursement of Cost to retain Contractor
personnel in Saudi Arabia or to return such
personnel and their dependents to the United States
and secure replacements due to War, Armed Conflicts,
Insurrection, Civil or Military Strife shall be
negotiated and payable pursuant to Special Provision
H-913 of this Contract.
ACRN: AA (Cost Reimbursable)
ACRN: AE (Cost Reimbursable)
0008AH Reimbursement of Cost resulting from Material
Processing delays for failure of this Saudi Arabian
Government to expedite off-loading from ships or
expedite custom clearance shall be payable pursuant
to Special Provision H-920 of this contract.
ACRN: AA (Cost Reimbursable)
ACRN: AE (Cost Reimbursable)
0008AJ Reimbursement of War Risk Insurance paid by the
Contractor under this Contract shall be payable
pursuant to Special Provision H-914 of this Contract.
ACRN: AA (Cost Reimbursable)
ACRN: AE (Cost Reimbursable)
0008AK Reimbursement of Workmen's Compensation Insurance
required by the Defense Base Act FAR Clause
52.228-3 of Section I, shall be payable pursuant to
Special Provision H-928 of this contract.
ACRN: AA (Cost Reimbursable)
ACRN: AE (Cost Reimbursable)
0008AL Reimbursement of Cost for Contract employees
terminated upon direction of the PCO, other than
for cause, shall be payable pursuant to Special
Provision H-905 of this contract.
ACRN: AA (Cost Reimbursable)
ACRN: AE (Cost Reimbursable)
0008AM Reimbursement of Cost for Medical Evacuation shall
be payable pursuant to Special Provision H-939 of
this contract.
ACRN: AA (Cost Reimbursable)
ACRN: AE (Cost Reimbursable)
0008AN Reimbursement of Cost for USAF,
and 3D International support in
accordance with Special Provision
H-951.
ACRN: AA (Cost Reimbursable)
ACRN: AE (Cost Reimbursable)
12
PAGE 12 OF 43
CONTRACT NUMBER F41608-84-C-A100-PZ0050
000BAP RESERVED
000BAQ Reimbursements of cost for Legal
services to be provided by outside
Counsel shall be payable pursuant to
Special Provision H-952 of this Contract
ACRN: AA (Cost Reimbursable)
ACRN: AE (Cost Reimbursable)
0009 UNPRICED OPTION
---------------
Contractor Phase-Out/Demobilization $ * TBN
-------
The Contract price does not include an amount
for Contractor phase-out/demobilization/disposition
of Government property. A price proposal for this
effort will be submitted by the Contractor for each
facility ninety (90) days prior to facility completion.
ACRN: AA (Firm Fixed Price)
ACRN: AE (Firm Fixed Price)
0010 SAUDI RIYAL TO U.S. DOLLAR ADJUSTMENTS $450,000.00
-------------------------------------- -----------
The Contractor shall submit the exchange rate
credit or debit adjustments to the contract price
on a quarterly basis pursuant to Section H.
Paragraph H-940 of this Contract. Adjustments in
price, increases or decreases will be made by
Standard Form 30.
ACRN: AA (Cost Reimbursable) ($450,000.00)
ACRN: AE (Cost Reimbursable)
ACRN: AB (Cost Reimbursable)
ACRN: AC (Cost Reimbursable)
ACRN: AD (Cost Reimbursable)
0011 DATA
----
In accordance with attached Exhibit "A". $ **NSP
-------
DD Form 1423 (for all requirements).
**NSP - Not Separately Priced. Priced in
CLINs 0001 and 0002.
0012 ENGINEERING DURING CONSTRUCTION
-------------------------------
Furnish Engineering During Construction services $21,913,837.00
--------------
The Estimated Cost to the Government for this
Contract Line Item is $20,922,874.00.
--------------
The Fixed Fee for this Contract Line Item
is $990,963.00
-----------
ACRN: AA ($2,152,555.00)
ACRN: AB ($250,000.00)
ACRN: AC ($140,575.00)
ACRN: AD (-0-)
ACRN: AE ($19,370,707.00)
0012AA Engineering During Construction services provided
in Saudi Arabia and the U.S. by Peace Shield
Design subcontractor.
ACRN: AE (Cost Plus Fixed Fee)
ACRN: AA (Cost Plus Fixed Fee)
13
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CONTRACT NUMBER F41608-84-C-A100-PZZ0050
0012AB Engineering During Construction services provided by
the Contractor for the A/V Publications Facility at
Riyadh AB and Water Distribution Improvements at
KAAB, KFDAB and KKAB and support of Peace Sun II/Peace
Hawk VII clean-up pursuant to Special Provision H-950.
ACRN: AB (Cost Plus Fixed Fee)
ACRN: AC (Cost Plus Fixed Fee)
ACRN: AD (Cost Plus Fixed Fee)
0012AC Additional Field/Site Investigations
required for design efforts.
ACRN: AA (Cost Plus Fixed Fee)
0012AD JV Technical Services as required
ACRN: AA (Cost Plus Fixed Fee)
AE (Cost Plus Fixed Fee)
0012AE FF&E Concept Design
ACRN: AA (Cost Plus Fixed Fee)
0012AF ICWB/IWG SUPPORT
ACRN: AA (Cost Plus Fixed Fee)
TOTAL AMOUNT OBLIGATED $815,733,237.00
THE FOLLOWING CONTRACT LINE ITEMS ARE FIRM FIXED PRICE:
0001, 0002AA thru 0002AG, 0002AK, 0002AP & 0009
-----------------------------------------------
THE FOLLOWING CONTRACT LINE ITEMS ARE COST PLUS FIXED FEE:
0002AH, 0002AJ, 0002AM, 0002AN, 0002AR, 0003, 0004 (EXCEPT
0004BM) 0005 (EXCEPT 0005AS), 0006, 0007 AND 0012.
--------------------------------------------------
THE FOLLOWING ITEMS ARE COST REIMBURSABLE:
0004BM, 0005AS, 0008 & 0010
---------------------------
B-1. CLAUSES AND PROVISIONS
(a) Clauses and provisions from the Federal Acquisition Regulation
(FAR) and the DOD FAR Supplement are incorporated in this document
by reference and in full text. Those incorporated by reference have
the same force and effect as if they were given in full text.
(b) Clauses and provisions in this document will be numbered in
sequence, but will not necessarily appear in consecutive order.
(c) By signature on this contractual document, Contractor certifies
that their Section K, Annual Representations and Certifications
previously submitted or returned herewith are current and applicable.
They are hereby incorporated by reference.
PART I - THE SCHEDULE
SECTION C
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
C-1. SPECIFICATIONS, STANDARDS AND DRAWINGS
Specifications, standards or drawings (as applicable) are furnished/
listed below:
ITEM NR SPECIFICATIONS, STANDARDS AND/OR ATTACHMENTS
------- --------------------------------------------
Appendix "A", Statement of Work, Peace Shield Program
Services, dated 25 February 88. Appendix "C", Statement
or Work, Peace Sun/Peace Hawk Close out,
dated 08 Oct 87.
(AFLCO484)
14
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
PART I - THE SCHEDULE
SECTION D
PACKAGING AND MARKING
D-900. Preservation, Packaging, and Packing shall be in accordance with good
commercial practice for overseas shipment.
PART I - THE SCHEDULE
SECTION E
INSPECTION AND ACCEPTANCE
E-1. INSPECTION OF SUPPLIES--FIXED-PRICE (JUL 1985) FAR 52.246-2
(IAW FAR 46.302)
E-4. INSPECTION OF SUPPLIES--COST-REIMBURSEMENT (APR 1984) FAR 52.246-3
(IAW FAR 46.303)
E-5. INSPECTION OF SERVICES--FIXED-PRICE (APR 1984) FAR 52.246-4
(IAW FAR 46.304)
E-6. INSPECTION OF SERVICES--COST-REIMBURSEMENT (APR 1984) FAR 52.246-5
(IAW FAR 46.305)
E-18. INSPECTION OF CONSTRUCTION (JUL 1986) FAR 52.246-12
(IAW FAR 46.312)
E-22. RESPONSIBILITY FOR SUPPLIES (APR 1984) FAR 52.246-16
(IAW FAR 46.316)
E-35. DD FORM 1423 DATA INSPECTION AND ACCEPTANCE
The Inspection and Acceptance for Data items are as shown on DD Form
1423 attached hereto.
(IAW FAR 46.401(b) and 46.503)
E-900. INSPECTION SHALL BE AT PLACE OF PERFORMANCE OR DELIVERY
(a) Inspection of CLINS 0001 through 0007, 0009 and 0012 shall be at
place of performance or delivery.
(b) Partial acceptance of effort under Clins 0001, 0002AA through
0002AG, 0002AK, 0002AP and 0009 will be accomplished by the PCD (after
review and comments by AFLC/DER) by means of DD Forms 250's (Material
Inspection and Receiving Report) prepared in accordance with
DFAR 52.246-7000.
(c) Interim acceptance of effort for items, services and supplies
tendered under CLINS 0002AH, 0002AJ, 0002AM, 0002AN, 0002AR, 0003,
0004, 0005, 0006, 0007, 0008 and 0012 will be done by SF 1034, Public
Voucher for Purchases and Services other than Personal.
(d) The Administration Contracting Officer (ACO) is the person
designated to accept INCO effort.
(e) Final Inspection and Acceptance of CLIN's 0003, 0004, and 0005 will
be accomplished upon completion of each facility constructed.
PART I - THE SCHEDULE
SECTION F
DELIVERIES OR PERFORMANCE
F-20. LIQUIDATED DAMAGES--CONSTRUCTION (APR 1984) FAR 52.212-5
For the purposes of this clause the blank(s) are completed as follows:
(a) the sum of $ for each day of delay.
-------
(IAW FAR 12.204(b))
F-21. Alternate I (APR 1984) 52.212-5
15
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
F-22. TIME EXTENSIONS (APR 1984) FAR 52.212-6
(IAW FAR 12.204(c) and 52.212-5 Alternate I)
NOTE: F-20, F-21 and F-22 shall be used in construction subcontracts
(CLINS 0003/0004) pursuant to Section I, Paragraphs G and K, and do not
apply to the prime contract.
F-26. STOP-WORK ORDER (APR 1984) FAR 52.212-13 (applies to CLINS 0001, 0002AA
through 0002AG, 0002AK, 0002AP and 0009)
(IAW FAR 12.505(b))
F-27. ALTERNATE I (APR 1984) FAR 52.212-13 (applies to CLINS 0002AH, 0002AJ,
0002AM, 0002AN, 0002AR, 0003, 0004, 0005, 0006, 0007, 0008 and 0012)
(IAW FAR 12.505(b))
F-29. GOVERNMENT DELAY OF WORK (APR 1984) FAR 52.212-15 (applies to CLIN
0001)
(IAW FAR 12.505(d))
F-36. F.O.B. DESTINATION (APR 1984) FAR 52.247-34 (applies to CLINS 0001 and
0005)
(IAW FAR 47.303-6(c))
F-40. DD FORM 1423 DATA REQUIREMENTS
All data requirements (including Delivery and Ship To/Mark) for
applicable Data Items on DD Form 1423 are shown thereon. The F.O.B.
point for data items shall be the same as the acceptance point on DD
Form 1423.
(IAW AFR 310-1)
F-45. PERIOD OF CONTRACT
This contract shall be in effect from the effective date of the
contract thru 31 Oct 1990.
-----------
(IAW FAR 12.101(a))
F-66. DIVERSION OF SHIPMENT UNDER F.O.B. DESTINATION CONTRACTS (APR 1984)
FAR 52.247-54
(IAW FAR 47.305-11(b)(2))
F-900. TIME OF DELIVERY/PERFORMANCE
a. Delivery of the Facilities and Services identified in Schedule B of
the Contract for CLINS 0002, 0003, 0004 and 0005 shall be accomplished
and delivered in accordance with Facility Completion Dates (FCD)
reflected in the Master Milestone Schedule dated 1987 April 27, ("as
subsequently modified and approved by PCD") which is incorporated and
made a part of hereof by reference.
b. CLIN 0001 - MANAGEMENT SERVICES
-------------------
CLIN 0001AA will be completed 77.5 months after award of Letter
Contract. ----
(c) CLIN 0006 will be completed 77.5 months after award of Letter
Contract. ----
(d) CLIN 0007 will be completed 77.5 months after award of Letter
Contract. ----
(e) CLIN 0011 will be completed in accordance with DD Form 1423
attached.
(f) CLIN 0012 will be completed 77.5 months after award of Letter
Contract. ----
F-901. DELIVERY DOCUMENTS
------------------
Delivery documents for CLINS 0001, 0002, and 0009 will be submitted
monthly on a properly executed DD 250, Material Inspection and
Receiving Report, unless the contract provides otherwise.
F-902. PLACE OF PERFORMANCE
--------------------
The place of performance of Items called for hereunder shall be King
Abdulaziz Air Base, King Fahad Air Base, Riyadh, King Khalid Air Base,
King Faisal Air Base, Al Kharj AB, Jeddah AB, seventeen (17) each
various Long Range Radar Sites and one (1) each separate Ground entry
Station in Saudi Arabia, Contractor's Office in Houston, Texas,
Wright-Patterson Air Force Base, OH, various subcontractor facilities,
shipping points and deployment facilities where work is performed.
16
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
F-903. SHIPPING INSTRUCTIONS
---------------------
Shipments destined for Saudi Arabia shall be marked as follows:
Peace Shield
CRS Sirrine/Metcalf & Eddy (Joint Venture)
c/o (Cognizant RSAF Organization, locations,
etc, as applicable)
Contract Nr. F41608-84-C-A100
PART I - THE SCHEDULE
SECTION G
CONTRACT ADMINISTRATION DATA
G-1. ACCOUNTING AND APPROPRIATIONS DATA
AA: 97-11X8242.SR02 4FX 6302 CDJASR 584 DJC000 S503000
AB: 97-11X8242.SR02 4FX 6302 CYAMSR 592 YAM000 S503000
AC: 97-11X8242.SR02 4FX 6302 CYBMSR 592 YBP000 S503000
AD: 97-11X8242.SR02 4FX 6302 CSFASR 592 SFH000 S503000
AE: 97-11X8242.SR02 4FX 6302 CDLASR 592 DLC000 S503000
G-110. CONTRACTOR REPORTING REQUIREMENTS (APR 1984) AFLC FAR SUP 52.212-9000
Any report required by 15 CFR 350.13(d)(2) of the Defense Priorities
and Allocation System Regulation relating to an actual or anticipated
--
delayed shipment, reason for delay, and/or new projected shipment date
are to be sent concurrently by the Contractor to both the Procuring
Contracting Officer (PCO) and the Administrative Contracting Officer
(ACO) within the specified five working days.
(IAW AFLC FAR SUP 12.304(90))
G-900. PAYMENT (Applicable to CLINS 0001, and 0002AA through 0002AG, 0002AK,
-------
0002AP).
A) It is hereby understood and agreed between the parties that
the Contractor shall perform under this contract, subject to
the following terms and conditions:
(1) Payment will be made to the Contractor in accordance with
Paragraph (B) hereof, entitled "Billing Schedule."
(2) Payment: CRS Sirrine/Metcalf & Eddy (Joint Venture)
shall submit monthly invoices in the amounts and on dates
prescribed in Paragraph (B) hereof as payment for all
services and supplies ordered under the contract, and
rendered at SA-ALC/PMR, Kelly AFB, Texas. (Info copy to
AFLC/DER)
The term "monthly invoices" applies to the calendar
month.
(3) Payment of each monthly invoice shall be received by CRS
Sirrine/Metcalf & Eddy (Joint Venture) no later than
twenty (20) U.S. Government workdays following
presentations of the invoice. If it is determined that
the Contractor is deficient in his performance as
required in the Schedule of the contract, and is so
notified by PCO (or designee) in writing and the
contractor does not correct such deficiency by the date
of submission of the DD Form 250 for the deficient line
item, the Procuring Contracting Officer (PCO) may direct
the assessment of a withhold, (a and b below) from each
of the ensuing billings until the deficiency is
corrected. Notification to the Contractor of the
deficiency/unsatisfactory performance will be reflected
on the DD Form(s) 250, submitted by the Contractor in
accordance with procedures established in Section E of
the Contract or by written notice for those items not
requiring submission of a DD Form 250. Deficient
performance annotation on the DD Form 250, when
warranted, will be accomplished by the PCO or designee at
the time of signing for acceptance.
(a) All items of contract supplies or services
(including data) up to fifteen percent (15%) of
total monthly payment. For purposes of this
contract, deficiency is defined as a failure of the
Contractor to provide required Contract Management
supplies or services when that failure significantly
and materially affects contract performance.
(b) Reduction under FAR 52.246-4 - Equitable amount as
determined by the PCO.
17
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
(c) When advised by the Contracting Officer of the
assessment of Oa withholding pursuant to the
provisions of this subsection, the Contractor shall
reduce the amount billed on the ensuing monthly
invoices by the amount of the withhold. When the
deficiencies have been corrected, the Contractor
will submit a supplemental DD Form 250 with
certification attesting to the correction and a
supplemental invoice for the amount withheld. This
clause in no way negates the Government's rights
under FAR Clause 52.249-8 entitled "Default (Fixed
Price Supply and Service)".
BILLING SCHEDULE
----------------
MONTH (CLIN 0001)
----- -----------
(d) Reimbursement for actual cost under CLIN 0008 will
be made to the Contractor.
(e) A withhold or contract value reduction will not be
assessed if the Contractor reasonably establishes
that the cause of such deficiency is excusable under
the provision of paragraph (c) of FAR Clause
52.249-8.
B) Billing Schedules.
(1) The following amounts will be invoiced by the Contractor
on a monthly basis.
BILLING SCHEDULE
MONTH CLIN 0001 CLIN 0002 MONTH TOTAL
- - ----- --------- --------- -----------
TOTAL INVOICED THROUGH
FEBRUARY 88 $ 50,041,635.00 $23,243,441.00 $ 73,285,076.00
MARCH 88 8,597,499.00 2,797,314.00 11,394,813.00
APRIL 88 3,000,000.00 499,138.00 3,499,138.00
MAY 88 3,300,000.00 440,000.00 3,740,000.00
JUNE 88 3,600,000.00 64,932.00 3,664,932.00
JULY 88 3,700,000.00 3,700,000.00
AUGUST 88 3,900,000.00 3,900,000.00
SEPTEMBER 88 3,800,000.00 3,800,000.00
OCTOBER 88 3,800,000.00 3,800,000.00
NOVEMBER 88 3,800,000.00 3,800,000.00
DECEMBER 88 3,900,000.00 3,900,000.00
JANUARY 89 3,900,000.00 3,900,000.00
FEBRUARY 89 3,800,000.00 3,800,000.00
MARCH 89 3,700,000.00 3,700,000.00
APRIL 89 3,600,000.00 3,600,000.00
MAY 89 3,300,000.00 3,300,000.00
JUNE 89 3,100,000.00 3,100,000.00
JULY 89 3,100,000.00 3,100,000.00
AUGUST 89 3,000,000.00 3,000,000.00
SEPTEMBER 89 2,700,000.00 2,700,000.00
OCTOBER 89 2,400,000.00 2,400,000.00
NOVEMBER 89 2,100,000.00 2,100,000.00
DECEMBER 89 1,700,000.00 1,700,000.00
JANUARY 90 1,700,000.00 1,700,000.00
FEBRUARY 90 1,400,000.00 1,400,000.00
MARCH 90 1,400,000.00 1,400,000.00
APRIL 90 1,400,000.00 1,400,000.00
MAY 90 1,200,000.00 1,200,000.00
JUNE 90 1,100,000.00 1,100,000.00
JULY 90 1,100,000.00 1,100,000.00
AUGUST 90 800,000.00 800,000.00
SEPTEMBER 90 700,000.00 700,000.00
OCTOBER 90 700,000.00 700,000.00
NOVEMBER 90 660,866.00 660,866.00
--------------- -------------- ---------------
$140,000,000.00 $27,044,825.00 $167,044,825.00
18
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
G-901. OBLIGATED FUNDS (PR F8 DER 4008 0002 THROUGH REV 10)
ACRN: AA $190,791,094.00
ACRN: AB $ 21,938,456.00
ACRN: AC $ 10,021,867.00
ACRN: AD $ 449,549.00
ACRN: AE $592,532,271.00
G-902. COMMITTED FUNDS
To Be Obligated by PCO as required.
ACRN: AA $ 15,358,906.00
ACRN: AB $ 2,395,576.00
ACRN: AC $ 8,287,453.00
ACRN: AD $ -0-
ACRN: AE $ 18,813,442.00
G-903. FUNDS COMMITTED TO PCO AND ACO FOR OBLIGATION AS REQUIRED BY
MODIFICATION.
ACRN: AA $ 4,000,000.00
ACRN: AB $ 6,040,968.00
ACRN: AC $ 3,158,680.00
ACRN: AD $ 27,451.00
ACRN: AE $ 9,312,000.00
G-904. RECAPITULATION OF FUNDS
Funds Obligate in G-901 $815,733,237.00
Funds Committed in G-902 $ 44,855,377.00
Funds Committed in G-903 $ 22,539,099.00
---------------
TOTAL $883,127,713.00
G-905. ALLOTMENT OF FUNDS
The Government reserves the right to increase or decrease the funds
committed herein on a unilateral basis by modification hereto.
Administrative Contracting Officer (ACO) authorized changes to this
contract shall be issued on Standard Form 30; or, if desired, some
other form may be used and made an attachment to the Standard Form 30.
G-906. PAYMENT ROUTING PROCEDURES
(1) Fixed Price Items:
Invoices will be submitted to the PCO at SA-ALC/PMR for approval.
The PCO will forward the Invoice to the paying office.
(2) Cost Reimbursable Items:
Public Vouchers for Cost items will be routed through DCAA Houston
for audit provisional approval and in turn to the PCO for
approval. The PCO will forward the public vouchers to the paying
office.
19
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
TABLE OF CONTENTS
SECTION H
SPECIAL PROVISIONS
CLAUSE CLAUSE TITLE PAGE
H-000 PRIOR INSTRUMENT SUPERSEDED 20
H-4 NOTIFICATION OF DEBARMENT/SUSPENSION STATUS 21
H-39 CAS NONCOMPLIANCE 21
H-56 INCORPORATION OF SUBCONTRACTING PLAN 21
H-89 LIMITATION OF GOVERNMENT'S OBLIGATION 21
ALLOTMENT OF FUNDS
H-160 SECRETARIAL APPROVAL OF CONTRACT 21
H-184 LAW COVERING CONTRACTS 21
H-185 MODEL FMS CONTRACT CLAUSE 22
H-901 RESERVED 22
H-902 OVERTIME 22
H-903 SPECIAL PROVISIONS RELATING TO THE CLAUSE 22
ENTITLED "TAXES, DUTIES, AND CHARGES FOR
DOING BUSINESS"
H-904 LIMITATION OF CONTRACTOR LIABILITY 23
H-905 CONTRACTOR PERSONNEL 23
H-906 BANK LETTER OF GUARANTY 24
H-907 SAUDI ARABIAN LABOR AND SOCIAL INSURANCE LAWS 24
H-908 SAUDI ARABIAN SOCIAL INSURANCE PAYMENTS 24
H-909 VISAS, LICENSES, AND PERMITS 24
H-910 RESERVED 25
H-911 CONTRACTOR-OWNED/PERSONAL PROPERTY 25
H-912 EXCHANGE, IMPORTATION OR EXPORTATION OF CURRENCY 25
H-913 SPECIAL PROVISIONS RELATIVE TO WAR, ARMED 26
CONFLICT, INSURRECTION, CIVIL OR MILITARY
STRIFE OR SIMILAR CONDITIONS
H-914 WAR RISK INSURANCE PAYMENTS 26
H-915 CLASSIFIED INFORMATION OF THE SAUDI ARABIAN GOVERNMENT 26
H-916 RADIO COMMUNICATION 26
H-917 ENGLISH LANGUAGE REQUIREMENTS 26
H-918 WORKING ARRANGEMENTS 26
H-919 AIR TRAVEL/FREIGHT 27
H-920 MATERIAL PROCESSING DELAYS 27
H-921 PRE-CONTRACT COSTS 27
H-922 AGENT'S FEES/COMMISSION CLAUSE 27
H-923 ASSOCIATE CONTRACTOR AGREEMENT 27
H-924 SHIPPING DELAYS 27
20
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
H-925 DESIGN, EXCAVATION & CONSTRUCTION SUB-CONTRACTORS 28
H-926 OPTIONS FOR ADDITIONAL SERVICES AND FACILITIES 28
H-927 RESERVED 29
H-928 WORKMANS COMPENSATION INSURANCE PAYMENTS 29
H-929 DIRECTED MANNING 29
H-930 GOVERNMENT FURNISHED PROPERTY 29
H-931 CHANGE ORDER REQUIREMENTS 30
H-932 SAUDI ARABIAN SUPPORT 30
H-933 RIGHTS OF ENTRY 30
H-934 GOVERNMENT PROPERTY INVENTORY LISTING 30
H-935 NEW MATERIALS 31
H-936 SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES 31
H-937 INSPECTION CONTRACTOR 31
H-938 APO SERVICES 31
H-939 MEDICAL EVACUATION 32
H-940 U.S. DOLLARS TO SAUDI RIYALS 32
H-941 CONTINGENT FACTOR (SAUDI ARABIAN SOVEREIGN ACTS) 33
H-942 CONSTRUCTION COMPLETION SCHEDULES 33
H-943 CONSTRUCTION WARRANTY 34
H-944 PROGRAM COORDINATION 34
H-945 ASSIGNMENT 34
H-946 RESERVATION OF RIGHTS - COST ACCOUNTING STANDARDS 35
H-947 CHANGE ORDER RESERVE 35
H-948 CHANGE ORDER TIME RESERVE 35
H-949 AFFILIATION 35
H-950 PEACE SUN/PEACE HAWK CLEAN-UP PROJECTS 36
H-951 OVER AND ABOVE REIMBURSEMENT 36
H-952 USE OF OUTSIDE COUNSEL 36
PART I - THE SCHEDULE
SECTION H
SPECIAL CONTRACT REQUIREMENTS
PRIOR INSTRUMENT SUPERSEDED (JUL 1985) AFLC FAR SUP 52.216-9011
This is the definitive contract contemplated by LETTER CONTRACT dated 1984 MAY
16 and and designated Contract No. F41608-84-C-A100, INCLUDING MODIFICATIONS
P00001 THROUGH P00048 AND THE IMPACTS OF THE STOP WORK ORDER FOR THE PERIOD 05
FEBRUARY 1986 THROUGH 06 AUGUST 1986 and supersedes said LETTER CONTRACT,
P00049 IS EXCLUDED AND WILL BE ADDED TO THE CONTRACT BY SUBSEQUENT
MODIFICATION. Any costs incurred or payments made thereunder will be considered
to have been made under this definitive contract.
(IAW AFLC FAR SUP 16.603-90)
21
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
H-4. NOTIFICATION OF DEBARMENT/SUSPENSION STATUS (APR. 1987) AF FAR SUP
52.209-9001
The Contractor shall provide immediate notice to the Contracting
Officer in the event of being suspended, debarred or declared ineligible
by any Department or other Federal Agency, or upon receipt of a notice
of proposed debarment from a DOD Agency, during the performance of this
contract.
(IAW AF FAR SUP 9.490)
H-39. CAS NONCOMPLIANCE
Award of this contract does not constitute a determination that the
Contractor's disclosed and applied accounting practices used in pricing
this contract are in compliance with the Cost Accounting Standards
(CAS). The Government retains its right to adjust the contract price
under the CAS clauses of this contract if a subsequent final
determination of noncompliance is made by the Contracting Officer.
(IAW FAR 30.202-1(b))
H-56. INCORPORATION OF SUBCONTRACTING PLAN
The subcontracting plan contained in contractor's revised proposal
dated 5 FEB 88 is incorporated herein by reference.
(IAW FAR 19.705-5(a)(5))
H-89. LIMITATION OF GOVERNMENT'S OBLIGATION - ALLOTMENT OF FUNDS (NOV 1984)
AFLC FAR SUP 52.290-9002
(a) To the extent the Schedule sets forth an amount to cover the
estimated cost to the Government for specified items, the Government
shall not be obligated to pay the Contractor any amount in excess of
the amount set forth in the Schedule and the Contractor shall not be
obligated to continue performance by virtue of which the Government's
obligation hereunder would exceed the amount set forth in the Schedule,
unless and until the Contracting Officer shall have notified the
Contractor in writing that such amount has been increased and shall
have specified in such notice a revised amount which shall constitute
the estimated cost of performance of this contract. When and to the
extent that the amount set forth in the Schedule has been increased,
any expenses incurred by the Contractor in excess of such amount prior
to the increase shall be allowable to the same extent as if such
expenses had been incurred after such increase in such amount.
(b) The Contractor shall notify the Government in writing at the
earliest practicable time, whenever he believes that the cost he
expects to incur within the succeeding thirty (30) days will exceed 85%
of the amount stated in the Schedule. The Contractor will also notify
the Government in writing at any other time if he expects the costs he
will incur for items chargeable to such amount will be substantially
greater or less than such amount.
(c) The Government reserves the right to increase or decrease the funds
allotted herein for item(s) 0008AA THROUGH 0008AQ on a unilateral basis
by modification to the contract or orders, as applicable. In no event
shall the Contracting Officer decrease the funds below the amount
incurred by the Contractor at the time of the notice of decrease.
(IAW AFLC FAR SUP 90.103(c))
H-160. SECRETARIAL APPROVAL OF CONTRACT (APR 1984) AF FAR SUP 52.204-1
The agency official designated to approve this contract as required
by the clause entitled "Approval of Contract" is the Secretary or a
duly authorized representative.
(IAW AF FAR SUP 4.103)
H-184. LAW COVERING CONTRACTS (JUL 1985) AFLC FAR SUP 52.225-9005
The provisions of this contract shall be governed by and construed in
accordance with the laws of the United States of America.
(IAW AFLC FAR SUP 25.9001)
22
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
H-185. MODEL FMS CONTRACT CLAUSE (JUL 1985) AFLC FAR SUP 52.225-9010
-------------------------------------------------------------
The United States Government (USG) is purchasing articles and/or
services under this contract for the purpose of selling them to a foreign
country or international organization under the Arms Export Control Act of
1976, as amended (AECA). This contract is concluded pursuant to Section 22(a)
of the AECA (22 U.S.C. Paragraph 2762(a)) based on the agreement of the
Government of Saudi Arabia (SA) in a Foreign Military Sales (FMS) Letter of
Offer and Acceptance (LOA) to pay the full amount of the contract and to make
funds available to the United States Government as required to meet payments
and other costs arising under the contract. Accordingly, no funds authorized
and appropriated for the functions of the Department of the Air Force are
available for payment under this contract. As a contract of the United States
Government, however, this contract is subject to the Contract Disputes Act of
1978 (41 U.S.C. Paragraphs 601-613), and all claims by or against the
contractor under this contract shall be resolved in accordance with that Act.
Any judgment against the United States on a claim of the Contractor, or any
monetary award to the Contractor by a board of contract appeals, shall be paid
in accordance with 31 U.S.C. 1304)
(IAW AFLC FAR SUP 25.7300-90(d))
H-901.
H-902. OVERTIME (DIRECTED MANNING ONLY)
--------------------------------
(A) Work involving overtime will only apply to Directed Manpower in
CLIN 0001 (as defined in Statement of Work Section 3, paragraph
3.11.1 & 3.11.2 and Special Provision H-929 hereof).
(B) Any overtime directed in writing by the PCO or ACO will result in an
equitable adjustment to the Contract price under the "Changes"
clause. The Contractor will prepare and submit claims for such
adjustments to the PCO on a monthly basis and will be definitized
by use of Standard Form 30. Such claims shall be based on actual
direct labor cost for each individual and applicable overhead and
profit.
(C) Overtime rates for personnel in Saudi Arabia will be time and
one-half for everything over 8 hours per day or in excess of
48 hours in a single work week.
H-903. SPECIAL PROVISIONS RELATING TO THE CLAUSE ENTITLED TAXES, DUTIES, AND
---------------------------------------------------------------------
CHARGES FOR DOING BUSINESS
--------------------------
(A) It is understood that the imposition of local taxes and similar
charges with respect to the Peace Shield Program would serve to
increase the contract price, therefore;
(1) All property, material, equipment, and supplies brought into
Saudi Arabia by the Contractor and Subcontractors to carry out
the Peace Shield Program shall be exempt in Saudi Arabia from
import and export duties, taxes, licenses, excises, impost,
bonds, deposits, and any other identifiable charges. Property,
materials, equipment, and supplies belonging to the Contractor
or its Subcontractors that are not consumed in connection with
the program or do not become a part of the completed work shall
remain the property of the Contractor or its Subcontractors and
may at any time be removed from, or disposed of, in Saudi
Arabia free of any restrictions or any claims which may arise
by virtue of such removal or disposal, provided that the duty
thereon shall be paid in the event of their sale or disposal
in Saudi Arabia
(2) The Contractor/Subcontractor and their personnel shall be
accorded exemption from Saudi Arabia income taxes. This
provision does not exempt the Contractor/Subcontractor from
paying Saudi Social Insurance.
(B) In the event that taxes, duties, or similar charges are imposed in
contravention of the above, such charges may served to increase the
estimated cost under this contract and will be reimbursed limited
to those cost incurred, excluding profit. For purposes of this
paragraph, reimbursement shall be limited to those costs incurred,
including applicable overhead and G & A expense, but excluding
profit.
(C) The above defines the Contractor's liabilities as it relates to any
charges that may be imposed by the Saudi Arabian Government upon all
property, material, equipment and supplies brought into Saudi
Arabia by the Contractor/Subcontractor and is not intended to
define title to property.
23
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
H-904. LIMITATION OF CONTRACTOR LIABILITY
----------------------------------
The Government of Saudi Arabia agrees, with respect to the Contractor:
(1) To waive any or all claims which it has or may have against the
Contractor, its agents, officers or employees, for damage, loss,
or destruction of property, or for injury to or death of persons,
arising out of the Contractor's participation in the Peace Shield
Program, in the absence of wrongful act, negligence or misconduct
on the part of the Contractor, its agents or employees.
(2) To indemnify and hold harmless the Contractor, its agents and
employees, against all claims arising directly or indirectly by
reason of injury to or death of persons, or loss of or damage to
property, out of the Contractor's participation in the Peace
Shield Program, in the absence of wrongful act, negligence or
misconduct on the part of the Contractor, its agents or employees.
(3) To accept full responsibility for the security and safekeeping of
SAG real and personal property located on SAG military bases or
installations. The Contractor, its agents, officers, or employees
shall not be liable for any damage arising out of a breach or
failure of the Saudi Arabian Government security procedures,
however caused.
(4) The term "agents" as used in this paragraph includes
Subcontractors.
(5) It is understood that these safeguard clauses pertain only to
activities in Saudi Arabia.
H-905. CONTRACTOR PERSONNEL
--------------------
(A) The Contractor shall be responsible for selecting personnel who are
qualified to perform the required services, for supervising
techniques used in their work and for keeping them informed of all
improvements, changes and methods of operations.
(B) The Contractor shall be permitted to utilize any percentage mix of
United States/Third Country National/Saudi personnel in the
performance of tasks under the Peace Shield Program, priority
being given to Saudis for work in Saudi Arabia where
qualifications are equal.
(C) The Contractor's personnel shall respect the laws, customs, and
regulations of Saudi Arabia, including the laws prohibiting access
to certain areas of the country to non-Muslims or non-Saudis. The
Contractor and its personnel while in Saudi Arabia shall be
subject to the criminal and civil jurisdiction of the Saudi
Arabian Government.
(D) The PCO may direct the Contractor in writing to remove, and the
Contractor shall remove, any employee from an assignment to
perform services under this contract.
(E) Where the reason for the removal request is for cause, replacement
will be at no change in contract price. For purposes of this
clause, "removal for cause" is defined as,
(1) Failure to respect the laws, customs and regulations of Saudi
Arabia
(2) Reasons of security.
(3) Failure to perform job duties
(4) Conduct bringing discredit upon the Contractor and/or the
United States Government.
(F) In the event an employee is terminated upon direction of the PCO,
other than for cause, an equitable adjustment for such early
termination and replacement of such personnel shall be made to the
contract.
(G) Personnel will be required to carry Peace Shield Program
identification when on duty.
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
H-906. BANK LETTER OF GUARANTY
-----------------------
Within fifteen (15) Calendar days after the date of the award of any
Excavation of Construction Sub-Contract, the Contractor shall require
the Sub-Contractor to furnish to the Contractor a Bank Letter of
Guaranty for the performance of the work, in the amount of ten percent
(10%) of the Sub-Contract Price. The Letter of Guaranty shall be dated
as of the Sub-Contract date or no more than fifteen (15) Calendar
days thereafter. The Bank Letter of Guaranty shall state that it will
continue in effect for thirteen (13) months after the date the work is
accepted by the ACO in an amount equal to five (5%) percent of the
original Sub-Contract Price. The Letter of Guaranty shall also state
that the bank agrees and consents that the Sub-Contract may be modified
by change order or Supplemental Agreement without affecting the
validity of the Letter Guaranty. If all work on the Sub-Contract has
not been accepted and performance of the work will extend beyond the
expiration date of the Letter of Guaranty, the Contractor shall secure
an extension of the expiration date thereof or shall provide a new Bank
Letter of Guaranty covering the time required for completion of the
Work as estimated by the Contractor. Any such extension or new Bank
Letter of Guaranty shall be provided to the Contractor at least ten
(10) days prior to the expiration date of the Guaranty.
Written documentation including receipt of the required Bank Letter of
Guaranty for subcontractors shall be provided to the Contracting Officer
or his authorized representative within fifteen (15) days after
award of such subcontract.
H-907. SAUDI ARABIAN LABOR AND SOCIAL INSURANCE LAWS
---------------------------------------------
(A) Any claim brought against the Contractor or Subcontractor under
Saudi Arabian Labor or Social Insurance Laws, and adjudged to be
valid by Saudi Arabian courts, ministries, agencies, or officials
having jurisdiction shall be reimbursed to the Contractor at cost
to include the cost of defending against such claims. Claims
brought by individual employees and adjudged valid by Saudi
Arabian courts, ministries, agencies, or officials having
jurisdiction will be reimbursed as aforesaid only when the
Contractor or Subcontractor has submitted prima facia evidence to
the PCO establishing that, as regards the subject of the claim,
the practices of the Contractor or Subcontractor, with respect to
the individual employee were (i) not a result of the contractor's
own fault or negligence (ii) consistent with its standard policy
(provided that such policies and procedures are not in conflict
with Saudi Labor Laws) with respect to the performance of the
particular services being rendered by that class or type of
employee, and in accordance with Saudi law or (iii) were otherwise
authorized by the terms of this contract.
(B) Upon receipt of a notice of any such claim, the Contractor shall
immediately notify the Procurement Contracting Officer (PCO). The
Contractor will submit invoices to the PCO within 45 days after
receipt of a decision by the competent authority, requiring
payment under Saudi Arabian Labor or Social Insurance Laws.
(C) In the event there are any changes in the Saudi Arabian Labor and
Social Insurance laws that affect the contract firm fixed price,
there will be an equitable adjustment to price in accordance with
the appropriate "Changes" clause.
H-908. SAUDI ARABIAN SOCIAL INSURANCE PAYMENTS
---------------------------------------
Saudi Arabian Social Insurance Payments shall be reimbursed at cost
incurred excluding profit. For purposes of this paragraph,
reimbursement shall be limited to those costs incurred, including
applicable overhead and G & A expense, but excluding profit.
H-909. VISAS, LICENSES, AND PERMITS
----------------------------
(A) To ensure the effective and timely performance of the Peace Shield
Program, the Government of Saudi Arabia, the Royal Saudi Air Force
and the United States Air Force will cooperate within the
framework of the laws of Saudi Arabia to ensure timely issuance of
work visas, multiple entry visas, exit visas, work permits,
vehicle operator permits, residence permits, in-country travel
permits, and any other appropriate licenses or permits as may be
required by the Contractor, its Subcontractors, or their personnel
and
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
dependents. The Contractor/Subcontractors shall be responsible
for the sponsorship of their employees and their dependents, and
shall be allowed to process said permits directly with the
appropriate Saudi Arabian Government agency. Specifically, and
without in any way limiting the scope of the foregoing, Contractor
personnel shall be afforded unrestricted movement in Saudi Arabia
while performing their duties under this contract, with the
exception of those areas prohibited to non-Muslims or non-Saudis,
and, in any case of an emergency, medical or otherwise, an exit
permit shall be issued without delay.
(B) The RSAF shall furnish in a timely manner the required security
clearances and passes for Contractor/Subcontractor personnel for
restricted areas at locations where the Contractor is performing
work under this contract to ensure contractor/subcontractor
capability to meet contract schedules.
(C) In the event entry visas, licenses, permits for area clearances
are not provided within reasonable time after applications are
submitted in strict compliance with SAG decrees/procedures, and
such delay causes an increase in the cost of, or time required for
the performance of any part of the work under this contract, an
equitable adjustment shall be made in the contract price or
schedule, or both.
H-910. RESERVED
--------
H-911. CONTRACTOR-OWNED/PERSONAL PROPERTY
----------------------------------
(A) In the event the Contractor or its personnel without reasonable
cause are prevented from shipping their property (including
personal belongings) out of Saudi Arabia (and the PCO is unable to
secure a release) within 30 days after notification such property
is available for shipment, where shipping is otherwise reasonably
available, the Contractor shall be reimbursed for the replacement
value of such property upon submission of a certified itemized
inventory list. The Contractor/Subcontractor will certify with the
approval of U.S.G. Property Administrator approved by the ACO,
property to be shipped out of Saudi Arabia does not belong to the
RSAF. In the event reimbursement is made pursuant to this
paragraph such property shall become RSAF property. For purposes
of this paragraph, reimbursement shall be limited to those costs
incurred, including applicable overhead and G & A expense, but
excluding profit.
(B) The Contractor shall be reimbursed at replacement value, for loss,
or damage to property owned by the Contractor or its employees and
located in Saudi Arabia where such loss or damage is sustained due
to, or arising out of, acts of war, armed conflict, insurrection,
riots, civil strife, confiscation, nationalization, or deprivation
of dominion and control by the Saudi Arabian Government.
(C) The Contractor shall identify to the PCO and clearly mark as
appropriate all Contractor/Subcontractor-owned property which is
brought into Saudi Arabia for use in performance of this contract,
title to which shall remain with the Contractor/Subcontractor.
Identification as it relates to the aforementioned excludes
personal property belonging to employees of the Contractor or its
Subcontractor(s). The Contractor and/or its Subcontractor(s) will
maintain an inventory of personal property brought in and/or
bought in Saudi Arabia in accordance with Contractor procedures.
(D) The Contractor/Subcontractor shall maintain an inventory control
and accounting system adequate to record the usage and disposition
of all Contractor/Subcontractor-owned property (excludes personal
property belonging to employees) which has entered Saudi Arabia
duty-free under this contract.
H-912. EXCHANGE, IMPORTATION OR EXPORTATION OF CURRENCY
------------------------------------------------
The Contractor/Subcontractor and their employees shall respect the
laws and regulations of Saudi Arabia regarding the exchange
importation and exportation of currency. However, the Government of
Saudi Arabia shall allow:
(A) The Contractor and his personnel and their dependents to freely
exchange dollars for riyals and riyals for dollars, during the
period of this contract, at the prevailing rate of exchange;
(B) Contractor personnel and their dependents to freely import and
export dollars for their personal use.
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
H-913. SPECIAL PROVISIONS RELATIVE TO WAR, ARMED CONFLICT, INSURRECTION, CIVIL
-----------------------------------------------------------------------
OR MILITARY STRIFE OR SIMILAR CONDITIONS
----------------------------------------
(A) In the event the competent authority of the United States Government
determines that, due to war, armed conflict, insurrection, civil or
military strife, or similar condition, the safety of Contractor
personnel is threatened, any additional costs incurred by the
Contractor to retain such personnel in Saudi Arabia or to return
such personnel and their dependents to the United States and secure
replacements as applicable, shall be reimbursed to the Contractor
at a price to be negotiated. Whether to retain or replace such
personnel under the foregoing circumstances shall be within the
sole discretion of the United States Government.
(B) Notwithstanding the above, the activities and responsibilities of
the Contractor under this Peace Shield Program may be suspended at
any time by the PCO or designee upon determination by the Head of
the United States Diplomatic Mission to Saudi Arabia, that due to
war, armed conflict, insurrection, military or civil unrest or any
other condition, the best interest of the United States so require.
Any special or additional costs resulting from such suspension shall
be subject to an equitable adjustment under the "Changes" clause.
(C) Under no circumstances will Contractor personnel participate nor be
required to participate in armed conflict or immediate preparations
therefor.
H-914. WAR RISK INSURANCE PAYMENTS
---------------------------
Premium Payments for War Risk Insurance will be reimbursed to the
Contractor at cost incurred excluding profit. For purposes of this
paragraph, reimbursement shall be limited to those costs incurred,
including applicable overhead and G & A expense, but excluding profit.
H-915. CLASSIFIED INFORMATION OF THE SAUDI ARABIAN GOVERNMENT
------------------------------------------------------
The Contractor and Subcontractor and their employees shall not divulge
to any foreign government or to any unauthorized person whatsoever, any
classified information of the Saudi Arabia Government or Agencies
thereof, which may become known during the performance of the Peace
Shield Program. For the purpose of this clause "Foreign Government" is
defined as any Government other than the Saudi Arabia Government or the
United States Government.
H-916. RADIO COMMUNICATION
-------------------
The Contractor and Subcontractor shall be permitted to operate a radio
communications system within Saudi Arabia for communication between
offices and job sites after appropriate approval and on frequencies to
be assigned by the Government of Saudi Arabia. Contractor will obtain
any required licenses.
H-917. ENGLISH LANGUAGE REQUIREMENT
----------------------------
All publications, technical data, and operating materials will be
furnished in the English language only.
H-918. WORKING ARRANGEMENTS (Applicable to Directed INCO Manning Only)
--------------------
(A) Work Week - The Contractor's normal work week shall be a minimum 40
hours. The normal workday in Riyadh is defined as a continuous
8-hour day shift plus a lunch period. Work schedules at all work
sites shall be adjusted to accommodate RSAF personnel during
Ramadan and Hadj each year.
(B) Contractor in-country personnel will observe a maximum of eight
holidays of Saudi Arabia during Ramadan and Hadj periods and also
1 January, 4 July, the fourth Thursday in November and 25 December.
When any of the foregoing U.S. holidays fall on a normal
non-workday, the holiday will be observed either on the preceding
or succeeding workday. The maximum of eight SAG holidays may be
exceeded if additional holidays are declared by the SAG. Payment
for holidays will be in accordance with Saudi Labor Laws and
contractor personnel policies (provided such policies are not in
conflict with Saudi Labor Laws). If the RSAF works on any holiday
the Contractor will also work, if directed, and holiday pay will
be reimbursed to the Contractor in accordance with Special
Provision H-902 and H-929 (A)(2) & (3)
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
H-919. AIR TRAVEL/FREIGHT
------------------
Saudia Airlines will be used to transport all Contractor/Sub-contractor
personnel and Air Freight on routes served by Saudia whenever possible.
Every effort will be made to coincide or adjust travel and cargo
shipments with Saudia schedules. This applies to all personnel
directed/arranged travel and air freight into or departing the Kingdom
which is under the control of the Contractor or subcontractor. The
only exceptions to the above policy are instances of bona fide
emergency personnel travel when space on Saudia is not available.
H-920. MATERIAL PROCESSING DELAYS
--------------------------
It is understood that delays in processing material for this contract
may result in cost increases and significant delays to the entire
Program. In order to minimize such delays, the Saudi Arabian
Government shall take appropriate actions to expedite off loading from
ships and to expedite Customs clearance for all materials associated
with the Program. Unreasonable delays that result in an increased cost
or delay in schedule will be subject to an equitable adjustment to the
price or schedule, or both, provided evidence of the delay is furnished
and prompt written notification of the delay is given to the PCO.
H-921. PRE-CONTRACT COSTS
------------------
The Memorandum of Understanding between the U.S. Government and the
Contractor, dated 15 Dec 1982, concerning recognition of pre-contract
costs is hereby incorporated by reference and will become a part of
CLIN 0001AA for disbursement purposes.
H-922. AGENT'S FEES/COMMISSION CLAUSE
------------------------------
The Contractor certifies that the contract price (including any
subcontracts awarded hereunder) does not include any direct or indirect
costs of sales commissions agent fees for contractor sales
representatives for the solicitation or promotion or otherwise to
secure the conclusion of the sale of any of the supplies or services
called for by this contract to the Government of Saudi Arabia.
H-923. ASSOCIATE CONTRACTOR AGREEMENT
------------------------------
(A) The Contractor assumes the responsibilities for the PEACE SHIELD
Program Facilities as described in this contract. In performance of
those responsibilities the Contractor agrees to coordinate its
activities with the associate Contractor, the Boeing Aerospace Company,
to assure a timely exchange of data.
(B) The Contractor will freely exchange technical information and
data, including proprietary data, with each associate Contractor who
shall require such technical information and data in the performance of
their efforts. Associate Contractor requests for data may be submitted
to the contracting officer for review and approval at the option of the
Contractor. At Government conducted meetings, the contractor shall
provide appropriate PEACE SHIELD Program technical information as a
participant in such meetings in conjunction with Government personnel
and other associate Contractors. In the event of a disagreement as to
what constitutes an exchange of information the matter shall be brought
to the attention of the appropriate Contracting Officer for resolution.
(C) The Contractor shall execute a written associate Contractor
agreement with the Boeing Aerospace Company. Copies of the agreement
and all amendments thereto shall be provided to the Contracting Officer.
H-924. SHIPPING DELAYS (APPLICABLE CLIN 0005)
--------------------------------------
Since shipping delays may result in significant delays to this Program,
the Contractor shall make every reasonable effort to expedite the
delivery of materials and equipment to the site. To this end, the
Contractor shall employ the most expeditious means of transporting such
materials and equipment, exclusive of premium transportation. Air
shipments or premium transportation costs require prior written
approval of the PCO.
H-925. DESIGN, EXCAVATION & CONSTRUCTION SUB-CONTRACTORS
-------------------------------------------------
(A) The Contractor shall obtain Design, Geotechnical, Topographic
Survey, Construction Materials and Equipment, Excavation &
Construction service by awarding firm-fixed price Sub-Contracts.
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
(B) The Subcontractor(s) shall not be Parent Companies (or affiliates
or subsidiaries thereof) of the Joint Venture nor subsidiaries or
affiliates of the Joint Venture Organization. Further, the
excavation and the construction sub-contract awards will not be
made to the subcontractors (or their parent companies,
subsidiaries or affiliates) who designed the SCC/SOC's, other
facilities, excavations, site adaptations or internal
modifications.
(C) The Contractor shall flow required FAR clauses down in
Subcontracts. In addition the Substance of the Firm Fixed Priced
Construction clauses (as identified in Seciton I paragraphs G & K
of this contract) will be included in construction sub-contracts
awarded after the date of this modification. Subcontracts awarded
prior to this modification shall remain under the DAR.
(D) Contractor shall include an appropriate Liquidated Damages, clause
in construction subcontracts (CLINs 0003, 0004, and 0005) to
assure compliance with delivery requirements. Liquidated Damages
collected or withheld will be identified on invoices submitted to
the Government under the Cost Reimbursement invoicing provisions
of CLINs 0003, 0004, and 0005 as a reduction to the invoice amount.
H-926. OPTIONS FOR ADDITIONAL SERVICES AND FACILITIES
----------------------------------------------
(A) The Contractor grants to the Government an options to purchase the
following:
CLIN 0001AB, Central Maintenance Facility (CMF) Final Design
Mangement Services.
CLIN 0001AC, Central Maintenance Facility Construction Management
Services 70 months after award date of Letter Contract.
CLIN 0001AD, Base Operations Center (BOC) concept design
Management Services.
CLIN 0001AE, Base Operations Center (BOC) final design for BOC at
Jeddah AB.
CLIN 0001AF, Provide Management Services to accomplish
Construction Management at Jeddah AB.
CLIN 0001AG, Provide Management Services to accomplish final
design and Logistics Service of FF & E.
CLIN 0002AH, CMF Final Design 70 months after award date of Letter
Contract.
CLIN 0002AJ, BOC, Jeddah Final Design 70 months after award date
of Letter Contract.
CLIN 0002AN, Provide Concept Design for Base Operations Center
(BOC), Jeddah 70 months after award date of Letter Contract.
CLIN 0004AN, Construct BOC at Jeddah 70 months after award date of
Letter Contract.
CLIN 0004AP, CMF Construciton 70 months after award date of Letter
Contract.
CLIN 0009, Phase OUT/DEMOB, Option to be exercised 60 days prior
to Acheivement of substantial completion of each facility.
(B) Upon request of the Contracting Officer, the Contractor shall
submit a proposal for the purpose of negotiating an equitable
adjustment to the contract terms affected. In the event an
equitable adjustment is not negotiated the Contractor hereby
agrees that his Proposal for Fixed Price CLINs may be used as a
Not-to-Exceed price in a Government unpriced notice to proceed.
In the event the contractor has not been notified by the
Contracting Officer sixty days prior to times specified above, a
request will be submitted to the Contracting Officer for a revised
estimated option exercise date (if any).
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
(C) The Contractor grants to the government the right to purchase
construction of the following facilities. Contractor shall
proceed with all preparatory work to point of printing of tender
documents. Scheduled award dates and latest date for exercise of
the option is as shown below for each facility.
SCHEDULED
CLIN DESCRIPTION OPTION DATE AWARD DATE
---- ----------- ----------- ----------
0004BE Construct LRR (N-4) 88 JUL 19 88 NOV 15
0004BF Construct LRR (N-17) 88 MAY 16 88 SEP 15
Contractor shall not incur any cost under these CLINS without
authorization of the PCO.
H-927. RESERVED
--------
H-928. WORKMANS COMPENSATION INSURANCE PAYMENTS
----------------------------------------
The Contractor shall be reimbursed for all costs incurred for Workmen's
Compensation Insurance Overseas required by FAR clause 52.228-3. For
purposes of this paragraph, reimbursement shall be limited to those
costs incurred, including applicable overhead and G & A expense, but
excluding profit.
H-929. DIRECTED MANNING
----------------
(A) It is agreed and understood that the full-time position manning
for functions set forth below will be as follows:
(1) Contractor's staff at Wright-Patterson Air Force Base, Ohio:
(a) One (1) Secretary thru month 77.5
(b) One (1) Graphics Technician thru month 77.5
(c) One (1) Senior Management Person thru month 77.5
(d) One (1) Accounting Analyst/Accounting Technician thru
month 77.5
(2) Personnel required in Saudi Arabia to support Inspection
Contractor and USAF Staff at Riyadh:
(a) One (1) Graphics Technician thru month 77.5
(b) One (1) Lead Driver thru month 77.5
(c) One (1) Driver thru month 77.5
(d) Two (2) Drivers thru month 71
(e) Two (2) Drivers thru month 65
(3) Personnel required in Saudi Arabia to support RSAF Staff at
Riyadh:
One (1) Secretary thru month 77.5
(B) The above months refer to months after Award Date of the Letter
Contract.
H-930. GOVERNMENT FURNISHED PROPERTY:
------------------------------
Property and/or Equipment acquired by the Contractor for use under
Contract F41608-80-C-A510 for Program Management Assistance Services
(PMAS) shall, upon completion thereof be transferred to, and become
accountable under this contract in accordance with Government Furnished
Property clause of this contract.
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
H-931. CHANGES (Applicable to CLINS 0002AH, 0002AJ, 0002AM, 0002AN, 0002AR,
-------
0003, 0004, 0005, 0006, 0007 and 0012).
(A) The Contractor shall be responsible for recognizing the necessity
of change requirements resulting from field conditions, technical
and engineering considerations, construction problems encountered,
availability of materials or equipment, and other factors
affecting the execution of the work under the terms of this
contract. The Contractor shall evaluate all such situations and
subject to the limitations and obligations of paragraph's B & C
below initiate and complete the actions necessary to resolve the
problem.
(B) The Contractor is authorized to process any individual change (on
CLINS 0002AH, 0002AJ, 0002AM, 0002AN, 0002AR, 0003, 0004, 0005,
0006, 0007 and 0012 only) up to $25,000.00 per action. The
Contractor will invoice for these changes under the Cost
reimbursement provision as applicable under CLINS 0002AH, 0002AJ,
0002AM, 0002AN, 0002AR, 0003, 0004, 0005, 0006, 0007 and 0012.
Each change initiated by the contractor pursuant to the authority
bestowed herein shall be fully documented and supported to extent
and in the manner specified in the Provision herein entitled
"Subcontracts". Copy of each action will be provided the ACO,
PCO, and on-site USAF Resident Engineer. The foregoing authority
does not include the following:
(1) Modifications or changes to the Terms, Conditions and/or
Requirements of the prime contract existing between the
Contractor and the Government.
(2) Actions which are out of scope (regardless of monetary
amount).
(3) Actions which would affect final completion schedule as
reflected in Section F paragraph F-900 of this contract.
(4) Actions which affect the functional characteristics of the
facility and which would result in non-compliance with Design
Criteria or intended use.
(5) RSAF Requested Change.
(C) The Contractor will maintain an accounting record in the Project
Accounting System for each change.
H-932. SAUDI ARABIAN SUPPORT
---------------------
The Saudi Arabian Government will at no cost to the Contractor or
Sub-contractor:
(A) Provide appropriate Contractor personnel access to all Peace
Shield locations as required during performance of duties.
(B) Provide use of SAG medical facilities for USG and Contractor
personnel when a medical emergency arises and transportation to
another facility would be impractical.
H-933. RIGHTS OF ENTRY
---------------
The Saudi Arabian Government shall allow the Contractor and all its
Subcontractors all rights of entry to Construction Sites. These areas
will be used by the Contractor only for work required under the terms
of this contract. Contractor shall avoid any destruction or damage to
these areas except that resulting from normal usage, unless approved by
the ACO.
H-934. GOVERNMENT PROPERTY INVENTORY LISTING
The Equipment List entitled "Government Property Inventory Listing",
dated 1988 Jan 19, is incorporated by reference. Copies may be
requested from SA-ALC/PMR.
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
H-935. NEW MATERIAL:
-------------
Notwithstanding Contract Clauses entitled "New Material" and "Used or
Reconditioned Material, Residual Inventory, and Former Government
Surplus Property," hereof, the following shall apply:
(a) Use of Surplus Material is not authorized.
(b) Related material shall be new and manufactured of material
traceable to the original manufacturing source to definitely
confirm that it complies with all requirements of the Contract.
Material shall not be surplus property or reworked, replated,
refinished or used material of any kind.
H-396. SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES (1970 SEP):
------------------------------------------------------------
The Safety Requirements of AF FAR SUP 52.228-7007 and DOD 4145.26M "DOD
Contractor's Safety Manual for Ammunition, Explosives, and Related
Dangerous Material" is applicable and will be included in all
construction subcontracts which contemplate the use of explosives
(blasting requirements) in the performance of the constructions. The
above clause will be administered in such a manner as to assure safety
without unnecessary application of the requirements of manual to
contractor operations. Insofar as the requirements of the manual
conflict with Saudi Arabian Government regulations on the use of
explosives, the Saudi Arabian Government regulations shall prevail. All
other requirements of the clause relating to reports, withdrawal of
USG personnel from unsafe areas, etc shall remain in effect.
H-937. INSPECTION CONTRACTOR
---------------------
(A) The services of a separate Contractor (hereafter known as the
"Inspection and Engineering Services Contractor" (I&ES) will be
utilized to assist the Government in the performance of its duties
under this contract. The Contractor shall provide access to
records, reports, test results, pertaining to construction to
include, but not limited to:
1. Daily Logs
2. Quality Control Logs
3. Safety Plans
4. Schedules
5. Subcontractors
6. Results of Materials Testing
7. Working Drawings
8. Changes/Change Orders - Documentation/Impact Analyis
(B) The Government or its designee (I&ES) shall conduct its
examinations of above items or conduct tests so as not to interfere
with or delay the work of the Contractor. The I&ES is not
authorized to direct, modify, alter or change the work of the
Contractor or his subcontractors.
(C) The I&ES shall not have access to any data considered proprietary
to the Contractor or his subcontractors.
(D) The I&ES (including parent and subsidiary companies) shall not be
permitted to become a design subcontractor to the Prime Contractor
or his subcontractors.
H-938. APO SERVICE:
------------
(A) U.S. citizen personnel of the Contractor are authorized APO
service in Saudi Arabia to the extent that such services are
available and subject to all published directives and regulations
issued by the postal unit(s) providing such service. APO service
for the Contractor encompasses the following:
(1) Contractor Personnel are authorized full service first class
mail up to 12 ounces per piece.
(2) Video Tapes are prohibited when addressed to Box "R"
regardless of weight.
(3) The term Box "R" is a mandatory part of the Address and
Return Address.
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
(B) The Contractor shall ensure that his personnel:
(1) Comply with the USG and APO postal regulations.
(2) Do not utilize the postal service to import or export from
Saudi Arabia any material prohibited by the United States
Military Training Mission (USMTM) regulations or directives
or Host-Nation customs and laws.
(3) Utilize the service for only personal purposes and not for
and business unconnected with the stated purpose of the
contract itself. Service will not be used for importation of
items or raw materials destined for resale and individuals
will not act as an agent for persons or organizations not
authorized to use the service. It is further understood and
agreed that, if in the opinion of the Contracting Officer,
any of the personnel of the Contractor violate the
restrictions stated above, employee or employees shall have
their APO privileges revoked and, if so determined by the
Contracting Officer, be dismissed from any employment
connected with the Contract.
H-939. MEDICAL EVACUATION
------------------
In the event hospitalization of the contractors personnel or their
dependents is required outside Saudi Arabia, the contractor shall be
reimbursed for airline transportation costs for the medical evacuation
of the patient (and one adult if the patient is a dependent).
Reimbursement will be contingent upon certification from competent
medical authority that (i) medical evacuation was required and (ii)
justification for destination. For purposes of this paragraph,
reimbursement shall be limited to those costs incurred, including
applicable overhead and G & A expense, but excluding profit.
H-940. U.S. DOLLARS TO SAUDI RIYALS (APPLICABLE TO CLIN 0001 ONLY)
------------------------------------------------------------
The financial procedures in this program are based on the principle
that neither the United States Government nor any of its foreign
contractor or subcontractors, shall realize financial benefit or incur
financial loss by reason of fluctuation in the official rate of
currency exchange or currency reevaluation. For the purpose of this
program, a currency reevaluation is a change in the official rate of
exchange between the US Dollar and the Saudi Riyal which occurs as a
direct result of sovereign decree and which affects the USG or any of
its contractors or subcontractors in connection with any expenditure in
Saudi Riyals associated with this program. If a currency reevaluation
or a fluctuation in the exchange rate results in a financial gain or
loss to the contractors, the contract price will be adjusted to
eliminate such gain or loss. Such adjustment in contract price shall be
subject to normal price negotiation between the PCO and the contractor.
Adjustments will be made in accordance with the following procedure:
(a) Price impact resulting from changes in the real value of U.S.
Dollars to Saudi Riyals after 1988 MAR 01 will be recognized.
-----------
(b) The total price set forth in the contract is subject to both
increases and decreases as a result of fluctuations in the
monetary exchange rate between the United States and the Saudi
Arabian Riyal. The basis for measurement of these changes is set
forth below.
(c) The total price of this contract is based on an exchange rate of
3.75 SR per U.S. Dollar.
----
(d) The actual USD/SR exchange rate used will be the rate reflected
on bank exchange receipts received at Riyadh as of the 15th of each
month (or nearest date thereto) averaged for the three months in the
quarter.
(e) The exchange rate adjustment amount will be determined at the end
of each quarter by the following procedure:
(1) For each appropriate quarter, the Contractor and the PCO will
determine the average quarterly actual value of the exchange rate
as specified in para. (d) above.
(2) The average quarterly actual value of the exchange rate will
be divided into the Saudi Riyal expenditures for the appropriate
quarter as listed in (g) below.
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
(3) The resultant adjusted expenditures in U.S. Dollars will be
reduced by the amount of U.S. Dollar expenditures for the same
quarter listed in (g) below.
(4) The resultant difference whether increase or decrease is the
base cost impact for changes in the monetary exchange rate for
the quarter.
(f) Example of Quarterly price adjustment:
Projected SR Expenditures Projected US
for quarter - Dollar Expenditures = COST IMPACT
------------------------- for quarter
Actual Quarterly Average
exchange rate
(g) Projected INCO expenditures:
Quarter Projected U.S. SR Amount Based
Ending Dollar Expenditures On 3.75 Rate
------- ------------------- ---------------
31 Mar 88 $ 2,293,333.00 8,600,000.00
30 Jun 88 $ 2,960,000.00 11,100,000.00
30 Sep 88 $ 3,200,000.00 12,000,000.00
31 Dec 88 $ 3,226,667.00 12,100,000.00
31 Mar 89 $ 3,093,333.00 11,600,000.00
30 Jun 89 $ 2,640,000.00 9,900,000.00
30 Sep 89 $ 2,240,000.00 8,400,000.00
31 Dec 89 $ 1,546,667.00 5,800,000.00
31 Mar 90 $ 1,146,667.00 4,300,000.00
30 Jun 90 $ 986,000.00 3,700,000.00
30 Sep 90 $ 613,333.00 2,300,000.00
31 Oct 90 $ 186,667.00 700,000.00
-------------- -------------
TOTALS $24,133,334.00 90,500,000.00SR
The above expenditures are only for the purpose of establishing
currency adjustments and are subject to adjustment for
subsequently negotiated changes.
(h) Upon determination of the quarterly adjustment as set forth in
para (e) above, the contractor shall submit an adjustment proposal to
the PCO within 60 days following the subject quarter and the PCO will
diligently pursue issuance of a contract modification within 30 days
of the receipt of the proposal incorporating the necessary changes
to the total contract price.
(i) The Government has the right to audit the contractor's
supporting detail for each quarterly adjustment proposal.
(j) Failure to agree on a negotiated amount shall be considered a
dispute within the meaning of the "Disputes" clause of this
contract.
H-941. CONTINGENT FACTOR (Saudi Arabian Sovereign Acts)
------------------------------------------------
Saudi Arabian laws enacted after effective date of Letter
Contract F41608-84-C-A100 will be reviewed for contractual and
financial impact. Any impact will be subject to normal price
negotiations between the United States Government and the Contractor.
Adjustments will be limited to actual costs excluding profit. For
purposes of this paragraph, reimbursement shall be limited to those
costs incurred, including applicable overhead and G & A expense, but
excluding profit.
H-942. CONSTRUCTION COMPLETION SCHEDULES (INCLUDES EXCAVATION)
-------------------------------------------------------
Notwithstanding the language in DFARS 52.236-7015 as pertains to the
"Guarantees or Correctness" of the completion schedules, it is
expressly understood that completion schedules reflected in Section F,
Paragraph F-900 of the contract are binding on the Contractor.
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
H-943. CONSTRUCTION WARRANTY (Includes Real Property Installed
-------------------------------------------------------
Electrical/Mechanical Equipment Warranty)
-----------------------------------------
(A) All buildings and equipment (RPIE) including utility lines,
roadways, fencing, paved areas, etc., constructed under this
contract will be warranted for one (1) year. Real Property
Installed Equipment (RPIE) - electrical motors, air conditioning
units, etc.) will be warranted for one (1) year or in accordance
with manufacturers warranties whichever is longer.
(B) The warranty period will commence upon final acceptance of the
facility by the Administrative Contracting Officer (ACO).
(C) Warranties for equipment which exceed the one (1) year
administered by the Contractor will be passed to and administered by
the ACO. In the event that less than one (1) year remains between
ACO acceptance of one or more facilities and the contract end date,
the Contractor shall include the cost of Warrantee Administration
for that portion of the Warrantee that extends beyond the contract
end date for each facility in the cost for CLIN 0009 contract
Phaseout/Demobilization. The USAF reserves the right to assume full
responsibility for Warrantee Administration after the contract
completion at it's sole Option thereby releasing the Joint Venture
from responsibility for Warrantee Administration after the then
existing contract end date.
(D) In the event it becomes necessary to exercise the provisions of
the Construction Warranty Clause and the construction subcontractor
does not rectify the deficiency, the Contractor shall take the
necessary action to correct the deficiency utilizing those funds
provided under Special Provision Clause H-906 of the Contract.
H-944. PROGRAM COORDINATION
--------------------
a. Program Reviews. The Contractor shall provide a representative to
attend and participate in monthly USAF Program Reviews at designated
U.S. location (estimated: Houston (1/2), and WPAFB (1/2).
b. Interface Control Working Group. The Contractor shall participate
with other Peace Shield Contractors in quarterly Interface Control
Working Group (ICWG) meetings held at the ESD's System Contractor's
Office (Distance not to exceed Houston to Seattle). ICWG meetings
will begin in CY 1987. The purpose of these meetings is to develop,
control, and coordinate changes to maintain compatibility and
interoperability of all components of the Pease Shield Program.
Contractor attendance shall be by request of the Contracting Officer or
AFLC/DER. Incident to Contractor participation, the Contractor shall
disclose to the USAF and other Peace Shield Contractors information
and data requested during the meeting which are relevant and necessary
to insure a complete and successful program integration effort. All
information and data disclosed shall be in writing.
c. Government Representatives attending ICWG meetings do not have the
authority to direct or control the contractor in any manner which will
result in a change to the SOW and Terms and Conditions of this contract.
In the event the contractor considers any action during these meetings
to constitute a change to this contract, the contractor shall notify the
Contracting Officer and AFLC/DER in accordance with the Terms and
Conditions of this Contract.
H-945. ASSIGNMENT
----------
(a) The Joint Venture may, at its discretion, elect to assign to the
Facility Construction Contractors all or any part of the work relating
to and associated with the planning, scheduling, coordination, and
accomplishment of the installation, check-out and operability of
certain items of long lead and standardized equipment at SCC/SOC and
LRR sites.
(b) It is understood that should the Contractor elect to exercise any
such assignment, the terms thereof shall specify that the Equipment
manufacturers and the Facility Construction Contractors subject to such
assignment shall accomplish the work required to complete the facilities
for delivery to the Government pursuant and subject to all applicable
terms and conditions of this contract.
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
(c) Notwithstanding any such assignment, the Joint Venture shall
remain fully and solely responsible in accordance with the terms and
conditions of this contract for all obligations and liabilities of the
seller with respect to total contract performance, and the Government
shall continue to deal with and look to the Joint Venture exclusively.
It is understood and agreed between the parties hereto that the
assignments contemplated hereby shall be limited to only that part of
the work associated with installation and integration of selected items
of equipment into the respective facilities and the Joint Venture shall
be responsible for acquisition storage and issue of the equipment to
the Facility Construction Contractor(s). It is further understood and
agreed that any assignments executed by the Joint Venture under this
contract shall not create any new rights or obligations not already the
subject of this contract, nor create any entitlements to increases in
the contract price solely as a result thereof.
H-946. RESERVATION OF RIGHTS - COST ACCOUNTING STANDARDS:
The parties hereto agree that with respect to the Metcalf & Eddy
costs comprising a part of the total Joint Venture proposal, in the
establishment of prices hereunder, the negotiations did not address any
alleged contract "potential noncompliance" or "actual noncompliance"
with cost accounting standards.
The parties reserve the right to any and all adjustments to the
contract prices established hereunder as contemplated by the General
Provisions clause of this Contract entitled "Cost Accounting Standards"
and the parties acknowledge this reservation of rights and that the
prices contained in this contract were not established in such manner
as to encompass such adjustments for, or negate any effect on any
noncompliance.
H-947. CHANGE ORDER RESERVE
--------------------
The Estimated Cost for each Line Item in CLINS 0003, 0004 and 0005
contains additional amount to cover Change Orders for work under those
CLINs regardless of the source of the change. In the event the
Estimated Cost is exceeded, the Government may increase the Estimated
Cost as provided for in the applicable Changes Clause. In the event of
such an increase in the Estimated Cost, the Contractor shall not be
entitled to an increase in the Fixed Fee regardless of the cause for
the increase in the Estimated Costs.
H-948. CHANGE ORDER TIME RESERVE
-------------------------
The Completion Dates contained in Schedule F contain additional
time which shall be available to both the Contractor and the Government
on an equal basis to cover change orders for CLINS 0003 AND 0004. This
Change Order Time Reserve shall be used as required to extend the
Subcontractor Period of Performance. Utilization of the Change Order
Time Reserve shall be subject to the review of the Contracting Officer.
When available Change Order Time Reserve is consumed, the Government
shall, when justified by the circumstances, extend the Completion Dates
in Schedule F under the provisions of the applicable Changes Clause. In
the event of such time extensions, the Contractor shall be entitled to
an equitable adjustment in time and/or cost of performance under CLINs
0001, 0002 and 0012 in accordance with the Changes Clause applicable to
those Contract Line Items.
H-949. AFFILIATION
(a) Business concerns are affiliates of each other when either
directly or indirectly one concern controls or has the power to control
the other, or a third party controls or has the power to control both.
(b) Each offeror shall submit with his offer an affidavit containing
information as follows:
(1) whether the offeror has any affiliates,
(2) the names and addresses of all persons and concerns exercising
control or ownership of the offeror, its subsidiaries and any or
all of his affiliates, and whether as common officers, directors,
stockholders holding controlling interest, or otherwise.
(c) The information required in (b) above shall be kept current
throughout the life of any resulting contract by submitting revised
affidavits as necessary to the Contracting Officer within 30 days of
any change.
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
H-950. PEACE SUN/PEACE HAWK CLOSE-OUT
A. The Contractor shall accomplish Peace Sun/Peace Hawk clean-up
tasks as defined in Appendix "C".
B. The Contractor shall travel to Saudi Arabia to conduct an on-site
evaluation of existing conditions and develop a preliminary design
that responds to each requirement. The Contractor shall employ a
qualified Subcontractor to develop the required designs. The USAF
will provide record drawings for those portions of each facility
affected by this requirement. The USAF will arrange for the
Contractor's team to visit each facility or project site for a
period up to three days per facility within a two week period.
C. Upon USAF on-site approval of preliminary designs in Saudi Arabia,
the Contractor shall develop final designs, construction cost
estimate and schedules, which shall be submitted to the PCO
within 15 working days of the Contractor Team's return from
Saudi Arabia.
D. Upon completion of the final designs, the USAF shall review and
approve the final designs. Upon approval, the Contractor shall
proceed with the construction in accordance with the approved
designs.
E. The cost of work performed under this clause shall be covered
as follows:
TASK CLIN
---------------------------- ------
All JV cost to include 0012AB
Incountry and CONUS trips,
preliminary and final design
reviews, cost estimate and
schedule development
Subcontractor Incountry 0004BM
and CONUS trips, preliminary
and final design, fabrication,
installation and construction
subcontracts
F. The Contractor's liability for design work under this clause shall
be limited to ensuring that all design is accomplished to satisfy
Appendix "C" in accordance with FAR 52.236-23, Responsibility of
the Architect-Engineer Contractor (Apr 84). The Contractor's
liability for construction work under this clause shall be limited
to accomplishing the construction in conformance with approved
designs. No further liability is expressed or implied.
G. Other Warranty, design and constructions provisions of this
Contract and the Peace Shield Statement of Work shall not apply
to the work covered by this clause.
H-951. OVER AND ABOVE REIMBURSEMENT
----------------------------
(A) This provision is established to provide USAF/3DI support during
the construction of the Peace Shield Program that is not already
provided for under CLIN 0001 of the contract.
(B) Authorization for purchase shall be provided in writing by the
PCO or ACO.
(C) The Contractor shall be reimbursed under CLIN 0008AN for actual
costs incurred.
H-952. USE OF OUTSIDE COUNSEL
Due to the uncertainties in predicting the need for legal services,
the Contractor will be reimbursed for the actual cost of outside
counsel without profit under CLIN 0008AQ. Outside counsel will be
utilized to handle all legal matters arising in Saudi Arabia. In
addition, outside counsel will be employed to handle claims, disputes
and other matters arising out of purchase orders or Subcontractors
administered by the Contractor regardless of location of the work
or the subcontractor's home office. Legal fees associated with
personnel related claims arising in Saudi Arabia which result in
the use of outside counsel for defense shall be reimbursed. The
Contractor shall exercise normal care to avoid unnecessary legal
expense. The Contractor shall immediately advise the PCO of any
incident or activity which could result in the incurrence of
outside legal fees in excess of $25,000.00.
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
PART II - CONTRACT CLAUSES
SECTION I
CONTRACT CLAUSES
FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE APR 1984
This contract incorporates the following clauses by reference, with
the same force and effect as if they were given in full text. Upon
request, the Contracting Officer will make their full text available.
I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
NO FAR PARA CLAUSE TITLE DATE
A. THE FOLLOWING CLAUSES ARE APPLICABLE TO ALL CLINS IN THIS CONTRACT:
I-11. 52.202-1 DEFINITIONS APR 1984
I-18. 52.203-1 OFFICIALS NOT TO BENEFIT APR 1984
I-19. 52.203-3 GRATUITIES APR 1984
I-20. 52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984
I-21. 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE JUL 1985
GOVERNMENT
I-22. 52.203-7 ANTI-KICKBACK PROCEDURES FEB 1987
I-26. 52.204-1 APPROVAL OF CONTRACT APR 1984
(This clause is applicable at various dollar
levels for specific activities. If this contract
requires approval at a level above the
Contracting Officer in accordance with agency
procedures, such approval will be shown on
the cover page of the contract at the time of
contract issuance.)
I-27. 52.204-2 SECURITY REQUIREMENTS APR 1984
I-102. 52.212-8 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS MAY 1986
I-127. 52.215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL APR 1984
I-128. 52.215-2 AUDIT-NEGOTIATION APR 1984
I-133. 52.215-22 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING APR 1984
DATA
I-135. 52.215-24 SUBCONTRACTOR COST OR PRICING DATA APR 1985
(Applicable to any negotiated order over $100,000,
when cost or pricing data is required)
I-141. 52.215-30 FACILITIES CAPITAL COST OF MONEY APR 1984
I-144. 52.215-33 ORDER OF PRECEDENCE JAN 1986
+I-214. 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND JUN 1985
SMALL DISADVANTAGED BUSINESS CONCERNS
+I-215. 52.219-9 SMALL BUSINESS AND SMALL DISADVANTAGED APR 1984
BUSINESS SUBCONTRACTING PLAN
+I-220. 52.219-13 UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES AUG 1986
+I-228. 52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS APR 1984
+I-229. 52.220-4 LABOR SURPLUS AREA SUBCONTRACTING PROGRAM APR 1984
I-245. 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES APR 1984
+I-247. 52.222-3 CONVICT LABOR APR 1984
+I-248. 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-- MAR 1986
OVERTIME COMPENSATION
++I-264. 52.222-26 EQUAL OPPORTUNITY APR 1984
+I-267. 52.222-28 EQUAL OPPORTUNITY PREAWARD CLEARANCE APR 1984
OF SUBCONTRACTS
I-268. 52.222-29 NOTIFICATION OF VISA DENIAL APR 1984
++I-274. 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND APR 1984
VIETNAM ERA VETERANS
++I-276. 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS APR 1984
+I-292. 52.223-2 CLEAN AIR AND WATER APR 1984
I-312. 52.225-11 CERTAIN COMMUNIST AREAS APR 1984
I-315. 52.227-1 AUTHORIZATION AND CONSENT APR 1984
I-317. 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND APR 1984
COPYRIGHT INFRINGEMENTS
38
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
I-335. 52.228-3 WORKERS' COMPENSATION INSURANCE (DEFENSE BASE ACT) APR 1984
(Applies to any employee when:
1. Hired in the United States by any Contractor
2. Resident of the United States
3. Citizen of the United States)
I-336. 52.228-4 WORKERS' COMPENSATION AND WAR-HAZARD INSURANCE APR 1984
OVERSEAS
I-364. 52.230-3 COST ACCOUNTING STANDARDS AUG 1986
I-365. 52.230-4 ADMINISTRATION OF COST ACCOUNTING STANDARDS APR 1984
I-403. 52.232-17 INTEREST APR 1984
I-409. 52.232-23 ASSIGNMENT OF CLAIMS JAN 1986
I-417. 52.233-1 DISPUTES APR 1984
I-418. 52.233-1 Alternate I APR 1984
I-419. 52.233-3 PROTEST AFTER AWARD JUN 1985
I-662. 52.247-63 PREFERENCE FOR U.S.-FLAG AIR CARRIERS APR 1984
(Applicable when use of Saudia Airline per H-919
is not practicable)
I-732. 52.252-4 ALTERATIONS IN CONTRACT APR 1984
Portions of this contract are altered as follows:
FAR Clause 52.243-1 is amended to extend the period
---------------------------------------------------
which any claim for adjustment must be asserted from
----------------------------------------------------
30 to 60 days (AF FAR SUP 52.243-1)
-----------------------------------
(IAW FAR 52.107(d))
I-733. 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES APR 1984
(a) The use in this solicitation or contract of any
Federal Acquisition Regulation (48 CFR Chapter 1)
clause with an authorized deviation is indicated
by the addition of "(DEVIATION)" after the date of
the clause.
(b) The use in this solicitation or contract of any
DOD Federal Acquisition Regulation Supplement (48 CFR
Chapter 2) clause with an authorized deviation is
indicated by the addition of "(DEVIATION)" after the
name of the regulation.
B. SERVICE FFP, FOR CLINS 0001 AND 0009
I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
N0 FAR PARA CLAUSE TITLE DATE
- - -I-306. 52.225-3 BUY AMERICAN ACT-SUPPLIES APR 1984
- - -I-309. 52.225-7 BALANCE OF PAYMENTS PROGRAM APR 1984
- - -I-353. 52.229-4 FEDERAL, STATE, AND LOCAL TAXES APR 1984
(NONCOMPETITIVE CONTRACT)
I-355. 52.229-6 TAXES--FOREIGN FIXED-PRICE CONTRACTS APR 1984
I-391. 52.232-8 DISCOUNTS FOR PROMPT PAYMENT JUL 1985
I-394. 52.232-11 EXTRAS APR 1984
- - -I-478. 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, APR 1984
AND VEGETATION
I-546. 52.243-1 CHANGES--FIXED-PRICE APR 1984
I-568. 52.244-1 SUBCONTRACTS (FIXED-PRICE CONTRACTS) JAN 1986
I-573. 52.244-5 COMPETITION IN SUBCONTRACTING APR 1984
I-580. 52.245-2 GOVERNMENT PROPERTY (FIXED-RATE CONTRACTS) APR 1984
I-630. 52.246-25 LIMITATION OF LIABILITY--SERVICES APR 1984
I-684. 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT APR 1984
(FIXED-PRICE)
C. ARCHITECT - ENGINEERING FFP & CPFF, FOR CLIN 0002
(CLIN 0012 AS APPLICABLE)
I-11. 52.202-1 DEFINITIONS APR 1984
I-12. 52.202-1 Alternate I APR 1984
I-27. 52.204-2 SECURITY REQUIREMENTS APR 1984
I-29. 52.204-2 Alternate II APR 1984
I-103. 52.212-12 SUSPENSION OF WORK APR 1984
I-353. 52.229-4 FEDERAL, STATE, AND LOCAL TAXES APR 1984
(NONCOMPETITIVE CONTRACT)w
I-355. 52.229-6 TAXES--FOREIGN FIXED-PRICE CONTRACTS APR 1984
I-391. 52.232-8 DISCOUNTS FOR PROMPT PAYMENT JUL 1985
39
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
I-470. 52.236-23 RESPONSIBILITY OF THE ARCHITECT-ENGINEER APR 1984
CONTRACTOR
I-471. 52.236-24 WORK OVERSIGHT IN ARCHITECT-ENGINEER CONTRACTS APR 1984
*I-472. 52.236-25 REQUIREMENTS FOR REGISTRATION OF DESIGNERS APR 1984
*I-478. 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, APR 1984
AND VEGETATION
I-546. 52.243-1 CHANGES--FIXED-PRICE APR 1984
I-549. 52.243-1 Alternate III APR 1984
1-572. 52.244-4 SUBCONTRACTORS AND OUTSIDE ASSOCIATES APR 1984
AND CONSULTANTS
I-698. 52.249-7 TERMINATION (FIXED-RATE ARCHITECT-ENGINEER) APR 1984
D. CONSTRUCTION CPFF FOR CLINS 0003, 0004, 002AH, 002AJ, 002AN, 002AM
AND OO2AR.
I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPER 1) CLAUSES
NO FAR PARA CLAUSE TITLE DATE
I-11. 52.202-1 DEFINITIONS APR 1984
I-12. 52.202-1 Alternate I APR 1984
I-27. 52.204-2 SECURITY REQUIREMENTS APR 1984
I-29. 52.204-2 Alternate II APR 1984
I-153. 52.216-7 ALLOWABLE COST AND PAYMENT APR 1984
I-156. 52.216-9 FIXED FEE-CONSTRUCTION APR 1984
I-293. 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL APR 1984
SAFETY DATA
I-324C. 52.227-8 REPORTING OF ROYALTIES (FOREIGN) APR 1984
I-406. 52.232-20 LIMITATION OF COST APR 1984
I-419. 52.233-3 PROTEST AFTER AWARD JUN 1985
I-420. 52.233-3 Alternate I JUN 1985
I-456. 52.236-13 ACCIDENT PREVENTION APR 1984
I-463. 52.236-18 WORK OVERSIGN IN COST-REIMBURSEMENT APR 1984
CONSTRUCTION CONTRACTS
I-464. 52.236-19 ORGANIZATION AND DIRECTION OF THE WORK APR 1984
I-465. 52.236-20 SPECIAL REQUIREMENTS APR 1984
I-466. 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION APR 1984
I-529. 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984
I-552. 52.243-2 CHANGES--COSTS-REIMBURSEMENT APR 1984
I-555. 52.243-2 Alternate III APR 1984
I-561. 52.243-6 CHANGE ORDER ACCOUNTING APR 1984
I-562. 52.243-7 NOTICE OF CHANGES APR 1984
For the purposes of this clause the blank(s) are completed as follows:
(b) 30
--
(c) 30
--
I-570. 52.244-2 SUBCONTRACTS (COST-REIMBURSEMENT AND LETTER JUL 1985
CONTRACTS)
I-570C. 52.244-2 Alternate I APR 1985
I-573. 52.244-5 COMPETITION IN SUBCONTRACTING APR 1984
I-692. 52.249-6 TERMINATION (COST-REIMBURSEMENT) MAY 1986
I-693. 52.249-6 Alternate I APR 1984
I-710. 52.249-14 EXCUSABLE DELAYS APR 1984
E. SUPPLIES CPFF, FOR CLIN 0005
I-83. 52.210-5 NEW MATERIAL APR 1984
I-84. 52.210-7 USED OR RECONDITIONED MATERIAL, RESIDUAL APR 1984
INVENTORY, AND FORMER GOVERNMENT SURPLUS
PROPERTY
I-135. 52.215-24 SUBCONTRACTOR COST OR PRICING DATA APR 1985
I-153. 52.216-7 ALLOWABLE COST AND PAYMENT APR 1984
40
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
I-155. 52.216-8 FIXED FEE APR 1984
+I-263. 52.222-20 WALSH-HEALEY PUBLIC CONTRACTS ACT APR 1984
I-392. 52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS APR 1984
I-406. 52.232-20 LIMITATION OF COST APR 1984
I-419. 52.233-3 PROTEST AFTER AWARD JUN 1985
I-420. 52.233-3 Alternate I JUN 1985
I-529. 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984
I-552. 52.243-2 CHANGES--COST-REIMBURSEMENT APR 1984
I-555. 52.243-2 Alternate III APR 1984
I-570. 52.244-2 SUBCONTRACTS (COST-REIMBURSEMENT AND JUL 1985
LETTER CONTRACTS)
I-570C. 52.244-2 Alternate I APR 1985
I-573. 52.244-5 COMPETITION IN SUBCONTRACTING APR 1984
I-585. 52.245-5 GOVERNMENT PROPERTY (COST-REIMBURSEMENT, JAN 1986
TIME-AND-MATERIAL, OR LABOR-HOUR CONTRACTS)
I-636. 52.247-1 COMMERCIAL BILL OF LADING NOTATIONS APR 1984
I-692. 52.249-6 TERMINATION (COST-REIMBURSEMENT) MAY 1986
I-710. 52.249-14 EXCUSABLE DELAYS APR 1984
F. SERVICES CPFF, FOR CLINS 0006, 0007 AND 0012 (CLINS 0008 AS
APPLICABLE)
I-153. 52.216-7 ALLOWABLE COST AND PAYMENT APR 1984
I-246. 52.222-2 PAYMENT FOR OVERTIME PREMIUMS APR 1984
For the purposes of this clause the blank(s) are completed as follows:
$243,415.00
-----------
I-339. 52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS APR 1984
I-406. 52.232-20 LIMITATION OF COST APR 1984
I-419. 52.233-3 PROTEST AFTER AWARD JUN 1985
I-420. 52.233-3 Alternate I JUN 1985
*I-478. 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, APR 1984
AND VEGETATION
I-529. 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984
I-570. 52.244-2 SUBCONTRACTS (COST-REIMBURSEMENT AND LETTER JUL 1985
CONTRACTS)
I-570C. 52.244-2 Alternate I APR 1985
I-573. 52.244-5 COMPETITION IN SUBCONTRACTING APR 1984
I-630. 52.246-25 LIMITATION OF LIABILITY--SERVICES APR 1984
I-692. 52.249-6 TERMINATION (COST-REIMBURSEMENT) MAY 1986
I-710. 52.249-14 EXCUSABLE DELAYS APR 1984
G. THE SUBSTANCE OF FOLLOWING FAR CLAUSES WILL BE INCLUDED AS REQUIRED
IN THE FFP CONSTRUCTION SUBCONTRACT. (REFERENCE PARAGRAPHS E-18, F-20,
F-21, F-22, AND H-925(C) OF THIS CONTRACT):
I-100. 52.212-3 COMMENCEMENT, PROSECUTION, AND COMPLETION APR 1984
OF WORK
I-103. 52.212-12 SUSPENSION OF WORK APR 1984
I-312. 52.225-11 CERTAIN COMMUNIST AREAS APR 1984
I-446. 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING APR 1984
THE WORK APR 1984
I-447. 52.236-4 PHYSICAL DATA APR 1984
I-448. 52.236-5 MATERIAL AND WORKMANSHIP APR 1984
I-449. 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR APR 1984
I-450. 52.236-7 PERMITS AND RESPONSIBILITIES APR 1984
I-451. 52.236-8 OTHER CONTRACTS APR 1984
*I-452. 52.236-9 PROTECTION OF EXISTING VEGETATION, APR 1984
STRUCTURES, EQUIPMENT, UTILITIES, AND
IMPROVEMENTS
*I-453. 52.236-10 OPERATIONS AND STORAGE AREAS APR 1984
I-454. 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION APR 1984
I-455. 52.236-12 CLEANING UP APR 1984
I-456. 52.236-13 ACCIDENT PREVENTION APR 1984
I-466. 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION APR 1984
I-467. 52.236-21 Alternate I APR 1984
I-568. 52.244-1 SUBCONTRACTS (FIXED-PRICE CONTRACTS) JAN 1986
I-624. 52.246-21 WARRANTY OF CONSTRUCTION APR 1984
41
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
II. DOD FEDERAL ACQUISITION REGULATION SUPPLEMENT (48 CFR CHAPTER 2)
CLAUSES
The following clauses are incorporated herein from the DOD FAR
Supplement by reference, with the same force and effect as if they
were given in full text. Upon request, the Contracting Officer will
make their full text available.
H. THE FOLLOWING CLAUSES ARE APPLICABLE TO ALL CLINS IN THIS
CONTRACT:
I-22. 52.203-7 ANTI-KICKBACK PROCEDURES FEB 1987
IA-23. 52.203-7002 STATUTORY COMPENSATION PROHIBITIONS APR 1987
AND REPORTING REQUIREMENTS RELATING
TO CERTAIN FROMER DOD EMPLOYEES
IA-152. 52.215-7000 AGGREGATE PRICING ADJUSTMENT APR 1985
IA-182. 52.217-7270 IDENTIFICATION OF SOURCES OF SUPPLY OCT 1985
*IA-298. 52.225-7017 LIMITATION ON SALES COMMISSIONS AND OCT 1980
FEES FOR FOREIGN GOVERNMENTS
For the purposes of this clause the blank(s) are completed as
follows:
SAUDI ARABIA
------------
IA-300. 52.225-7019 EXCLUSIONARY POLICIES AND PRACTICES OF JAN 1977
FOREIGN GOVERNMENTS
IA-332. 52.227-7013 RIGHTS IN TECHNICAL DATA AND COMPUTER MAY 1987
SOFTWARE
IA-338. 52.227-7018 RESTRICTIVE MARKINGS ON TECHNICAL DATA MAY 1987
IA-342. 52.227-7023 DRAWINGS AND OTHER DATA TO BECOME MAR 1979
PROPERTY OF GOVERNMENT
IA-346. 52.227.7029 IDENTIFICATION OF TECHNICAL DATA MAR 1975
IA-347. 52.227-7030 TECHNICAL DATA -- WITHHOLDING OF JUL 1976
PAYMENT
IA-348. 52.227-7031 DATA REQUIREMENTS APR 1972
IA-349. 52.227-7032 RIGHTS IN TECHNICAL DATA AND COMPUTER JUN 1975
SOFTWARE (FOREIGN)
IA-353. 52.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON MAY 1987
TECHNICAL DATA
IA-363. 52.228-7003 CAPTURE AND DETENTION JUN 1968
IA-399. 52.231-7000 SUPPLEMENTAL COST PRINCIPLES APR 1984
IA-425. 52.233-7000 CERTIFICATION OF REQUESTS FOR FEB 1980
ADJUSTMENT OR RELIEF EXCEEDING $100,000
IA-636. 52.242-7003 CERTIFICATION OF INDIRECT COSTS APR 1986
(a) The Contractor shall certify any proposal to
establish or modify billing rates or to establish
final indirect cost rates in the form set forth in
paragraph (b) of this clause. The certificate shall
be signed on behalf of the Contractor by an individual
of the Contractor's organization at a level no lower
than a vice president or chief financial officer of
the business segment of the Contractor that submits
the proposal. The Contractor understands that if the
Contractor fails to submit a certificate as required
herein, payments on account of indirect cost shall be
at rates unilaterally established by the Government.
(b) Certificate of Indirect Costs. The certificate of
indirect costs shall read as follows:
CERTIFICATE OF INDIRECT COSTS
This is to certify that to the best of my
knowledge and belief:
1. I have reviewed the indirect cost proposal
submitted herewith;
2. All costs included in this proposal
(identify, date) to establish billing or final
indirect cost rates for (identify period covered
by rate) are allowable in accordance with the
requirements of contracts to which they apply and
with the cost principles of the Department of
Defense applicable to those contracts;
3. This proposal does not include any costs
which are unallowable under applicable cost
principles of the Department of Defense, such as
(without limitation): advertising and public
relations costs, contributions and donations,
entertainment costs, fines and penalties,
lobbying costs, defense of fraud proceedings, and
good will; and
42
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
4. All costs included in this proposal are properly allocable
to Defense contracts on the basis of a beneficial or causal
relationship between the expenses incurred and the contracts
to which they are allocated in accordance with applicable
acquisition regulations.
I declare under penalty of perjury that the foregoing is true
and correct.
Firm: _______________________________________________________
Signature: __________________________________________________
Name of Corporate Official: _________________________________
Title: ______________________________________________________
Date of Execution: __________________________________________
I. IN ADDITION TO THOSE CLAUSES LISTED IN PARAGRAPH A OF THIS PART, THE
FOLLOWING CLAUSES ARE APPLICABLE TO CLINS 0001/0002 AND 0009:
IA-410. 52.232-7000 INVOICES OCT 1982
IA-679. 52.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT DEC 1969
J. IN ADDITION TO THOSE CLAUSES LISTED IN PARAGRAPH A OF THIS PART, THE
FOLLOWING CLAUSES ARE APPLICABLE TO CLINS 0003/0004:
IA-364. 52.228-7005 INSURANCE JAN 1965
IA-461. 52.236-7000 COMPOSITION OF CONTRACTOR JAN 1965
IA-474. 52.236-7011 AIRFIELD SAFETY PRECAUTIONS APR 1968
IA-478. 52.236-7015 ESTIMATED COST, PERFORMANCE PERIOD JAN 1965
IA-479. 52.236-7016 DIRECT PAYMENTS JAN 1965
K. IN ADDITION TO THOSE CLAUSES LISTED IN PARAGRAPH G OF THIS PART, THE
FOLLOWING ALSO APPLY:
IA-350. 52.227-7033 RIGHTS IN SHOP DRAWINGS APR 1966
IA-461. 52.236-7000 COMPOSITION OF CONTRACTOR JAN 1965
IA-462. 52.236-7001 MODIFICATION OF PROPOSALS - PRICE BREAKDOWN APR 1968
IA-468. 52.236-7007 IDENTIFICATION OF EMPLOYEES JAN 1965
IA-469. 52.236-7008 SUPERINTENDENCE OF SUBCONTRACTORS JAN 1965
IA-474. 52.236-7011 AIRFIELD SAFETY PRECAUTIONS APR 1968
LEGEND:
-------
* FOR THE PURPOSE OF THIS CONTRACT, ALL REFERENCES TO "GOVERNMENT"
SHALL BE DEEMED TO MEAN "SAUDI ARABIAN GOVERNMENT".
+ APPLICABLE ONLY TO WORK PERFORMED WITHIN CONTINENTAL UNITED STATES.
# WHERE THE CLAUSE INDICATES ACTION ON THE PART OF THE SAUDI ARABIAN
GOVERNMENT, THE WORDS "THROUGH THE PCO" ARE HEREBY ADDED.
- APPLICABLE ONLY TO SUPPLIES PURCHASED IN CONTINENTAL UNITED STATES.
++ NOT APPLICABLE TO WORK PERFORMED OUTSIDE THE UNITED STATES BY
EMPLOYEES WHO WERE NOT RECRUITED WITHIN THE UNITED STATES.
43
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CONTRACT NUMBER F41608-84-C-A100-PZ0050
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
SECTION J
LIST OF ATTACHMENTS
(All listed attachments are at the end of this document)
FORM NR TITLE DATE NR OF PAGES
- - ------- ----- ---- -----------
Appendix "A" Statement of Work 88 FEB 25 44
Peace Shield
Program Services (PS)
Appendix "C" Statement of Work, Peace 87 OCT 08 3
Sun/Peace Hawk Close Out
DD Form 1423 Exhibit "A". Contract Data 88 JAN 22 11
Requirements List
List of approved computer 88 FEB 19 20
Hardware/Software