Clauses.doc

CONTRACT CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

52.211-18 Variation in Estimated Quantity (APR 1984)

52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2008) Alternate I (OCT 2008)

52.216-19 Order Limitations (OCT 1995) 52.222-12 Contract Termination - Debarment (FEB 1988)

52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003)

52.233-1 Disputes (JUL 2002)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-6 Superintendence by The Contractor (APR 1984)

52.236-7 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-11 Use and Possession Prior to Completion (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

52.243-1 Changes – Fixed Price (AUG 1987)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)--Alternate I (SEP 1996)

52.252-6 Authorized Deviations in Clauses (APR 1984)

452.236-72 Use of Premises (NOV 1996)

452.236-73 Archaeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996)

CONTRACT CLAUSES AND PROVISIONS INCORPORATED BY FULL TEXT

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (June 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

_x__Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

_X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

__ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (7) [Reserved]

_X_ (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

X__ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (11)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (13) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

_ (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (16) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

__ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

__ (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

_X_ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

__ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

__ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

__ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

__ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (28)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

__ (31) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (32)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (33) 52.225-5, Trade Agreements (June 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (34) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (40) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (41) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

__ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (43)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.204-11 American Recovery and Reinvestment Act—Reporting Requirements.

As prescribed in 4.1502, insert the following clause:

American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009)

(a) Definitions. As used in this clause—

“Contract”, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

“First-tier subcontract” means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

“Jobs created” means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Jobs retained” means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Total compensation” means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government’s on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor’s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor’s workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System (NAICS) code.

(vi) Funding agency.

(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(xi) Names and total compensation of each of the subcontractor’s five most highly compensated officers, for the calendar year in which the subcontract is awarded if—

(A) In the subcontractor’s preceding fiscal year, the subcontractor received—

(1) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(End of clause

52.215-2 Audit and Records -- Negotiation (Mar 2009)

(a) As used in this clause, “records” includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor’s plants, or parts of them, engaged in performing the contract.

(c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor’s records, including computations and projections, related to --

(1) The proposal for the contract, subcontract, or modification;

(2) The discussions conducted on the proposal(s), including those related to negotiating;

(3) Pricing of the contract, subcontract, or modification; or

(4) Performance of the contract, subcontract or modification.

(d) Comptroller General—

(1) The Comptroller General of the United States, or an authorized representative, shall have access to and the right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract or a subcontract hereunder and to interview any current employee regarding such transactions.

(2) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating --

(1) The effectiveness of the Contractor’s policies and procedures to produce data compatible with the objectives of these reports; and

(2) The data reported.

(f) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), (c), (d), and (e) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition --

(1) If this contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and

(2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved.

(g) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract that exceed the simplified acquisition threshold, and --

(1) That are cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable type or any combination of these;

(2) For which cost or pricing data are required; or

(3) That require the subcontractor to furnish reports as discussed in paragraph (e) of this clause.

The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under the Government prime contract.

End of Clause)

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/vffara.htm

(End of clause)

LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

Exhibit 1 – Schedule B

Exhibit 2 – Specifications Exhibit 3 – Wage Determination Exhibit 4 – Maps

Exhibit 1 Schedule B

Total

Exhibit 2

LIST OF DRAWINGS AND SPECIFICATIONS

PART 1 GENERAL

1.01 SUMMARY

A. Section Includes:

1. List of Contract Specifications:

SECTION 00860

LIST OF DRAWINGS AND SPECIFICATIONS

DIVISION 1 - GENERAL REQUIREMENTS

SECTION 01010

SUMMARY OF WORK

SECTION 01060

REGULATORY REQUIREMENTS

SECTION 01070

ABBREVIATIONS AND SYMBOLS

SECTION 01560

TEMPORARY CONTROLS

SECTION 01710

FINAL CLEANING

DIVISION 2 – SITE CONSTRUCTION

SECTION 024119

SELECTIVE STRUCTURE DEMOLITION

SECTION 025251

WATER SUPPLY WELL ABANDONMENT

SECTION 01010 - SUMMARY OF WORK

PART 1 GENERAL

1.01 SUMMARY

A. Description of Work:

1. Work Covered by Contract Documents:

This work entails the abandonment of 19 wells and the capping of 1 well. These wells are located throughout the Hiawatha National Forest in Alger, Chippewa, Delta, Mackinac, Marquette, and Schoolcraft Counties, of the Upper Peninsula of Michigan. The exact locations of these wells are identified on the attached maps and spreadsheet. The wells range in size from a 1½ inch sand point to wells with 6 inch steel casings. The depths of these wells range from approximately 22 ft. to 150 ft, this information is captured on the attached spreadsheet. The work also includes capping the flowing well at Peninsula Point which includes the installation of an overflow and drain as shown on attached drawing.

In performance of this work the Contractor shall meet the requirements of the IBC Building Codes and Forest Service Specification, and applicable State and local codes. In case of conflict use the requirement which is more protective.

The Contractor shall work in a clean workmanlike manner.

The Contractor shall take steps to protect the public while in performance of the work.

The Contractor shall clean up the worksite at the end of work each day.

The Contractor shall take care minimize damage to surrounding area during performance of work.

END OF SECTION

SECTION 01060 - REGULATORY REQUIREMENTS

PART 1 GENERAL

1.01 SUMMARY

A. Section includes: Obligations for compliance with specific codes, ordinances, and regulations for this Contract.

1.02 QUALITY ASSURANCE

A. Regulatory Requirements:

1. The latest edition of the following codes, ordinances, and regulations are applicable to this project:

a. IBC.

b. IPC

c. AWWA A100

d. OSHA Safety and Health Standards.

e. ACI 530.1/ASCE 6/ TMS 602

f. When conflicts occur, the more protective code, ordinance, or regulation shall govern.

END OF SECTION

SECTION 01070 - ABBREVIATIONS AND SYMBOLS

PART 1 GENERAL

1.01 SUMMARY

A. Section includes: Abbreviations used in the Contract Specifications.

1.02 REFERENCES

A. Abbreviations:

1. The following abbreviations are used in the Contract Specifications:

ACI

American Concrete Institute

ASCE

American Society of Civil Engineers

ASTM

American Society for Testing and Materials

AWWA

American Water Works Association

CO

Contracting Officer

COR

Contracting Officer's Representative

EPA Environmental Protection Agency

ICBO

International Conference of Building Officials

IBC International Building Code by the ICBO

IPC

International Plumbing Code by the ICBO

OSHA

Occupational Safety and Health Administration, United States

Department of Labor

END OF SECTION

SECTION 01560 - TEMPORARY CONTROLS

PART 1 GENERAL

1.01 SUMMARY

A. Section includes: Requirements of temporary controls.

B. Related Sections:

1. SECTION 01710 - FINAL CLEANING.

1.02 QUALITY ASSURANCE

A. Regulatory Requirements:

1. OSHA Safety and Health Standards.

2. EPA Regulations.

3. A copy of the receipt from the landfill shall be provided to the COR for his records.

PART 2 EXECUTION

2.01 PREPARATION

A. Protection

1. The Contractor shall provide, but not limited to, the following temporary controls as necessary during construction at the jobsite:

Construction Cleaning During Construction:

a) Over see cleaning and ensure that grounds are maintained free from accumulations of waste materials, rubbish, and debris from construction operations on a daily basis.

2. Fire Protection: Store volatile waste materials from construction operations in covered metal containers and remove from Government property daily.

2.02 INSTALLATION

A. Disposal:

1. All waste materials, rubbish, and debris resulting from construction operations shall be removed from the site and disposed of in accordance with state and local ordinances.

2. Disposal of volatile fluid waste materials from construction operations (such as mineral spirits, oil, or paint thinner) shall be in accordance OSHA Safety and Health Standards and EPA Regulations.

END OF SECTION

SECTION 01710 - FINAL CLEANING

PART 1 GENERAL

1.01 SUMMARY

A. Section includes: Final cleaning operations.

1.03 SEQUENCING AND SCHEDULING

A. Not Applicable

PART 2 PRODUCTS

2.01 MATERIALS

A. Not Applicable

PART 3 EXECUTION

3.01 PREPARATION

A. Surface Preparation:

1. During Construction: Remove construction debris lying in the area on a daily basis.

2. Broom clean paved surfaces; rake clean other surfaces of grounds.

END OF SECTION

Copyright 2003 and 2005 by The American Institute of Architects (AIA)

Exclusively published and distributed by Architectural Computer Services, Inc. (ARCOM) for the AIA

SECTION 024119 - SELECTIVE STRUCTURE DEMOLITION

PART 1 - GENERAL

1.1 SECTION REQUIREMENTS

A. Hand pumps, drop pipes, and other materials Identified by the COR to be removed and salvaged remain Owner's property. Remove, clean, and deliver to Owner's designated storage area.

B. Comply with EPA regulations and hauling and disposal regulations of authorities having jurisdiction.

PART 2 - PRODUCTS (Not Applicable)

PART 3 - EXECUTION

3.1 DEMOLITION

A. Provide temporary barricades and other protection as required to prevent injury to public and damage to adjacent facilities and landscape.

B. Use cutting methods least likely to damage structure to remain.

C. Promptly remove demolished materials from Owner's property and legally dispose of them. Do not burn demolished materials.

END OF SECTION 024119

MASTERSPEC Short Form Copyright 1999, The American Institute of Architects (AIA)

SECTION 025251 - WATER SUPPLY WELL ABANDONMENT

PART 4 - GENERAL

4.1 SUMMARY

This Section anticipates the use of allowances for water supply wells. Specify allowances for amounts and quantities in Division 1 Section "Allowances." Make adjustments to allowances based on unit prices after wells with specified capacities are built.

A. This Section includes the following:

Adjust list below to suit Project.

1.

Water supply wells Abandonment.

Insert required capacity below for completed and tested water supply well. The data will be used to determine other variable information such as diameters of bore, casing, and screen, and will affect allowances and unit prices if used.

4.2 DEFINITIONS

See the Evaluations in Division 1 Section "Allowances" for discussion of allowances and how to include them in Project. Coordinate requirements in this Article with Division 1 Section "Allowances."

A. Water Well Abandonment Includes abandoning existing well, appurtenances, including pump, piping, casing to 2’ below ground surface and concrete slab.

Delete first paragraph below if well pump is part of well allowance specified in "Water Supply Well Depth Allowance" Paragraph above.

Unit prices are useful when nature of the Work is well defined but extent or quantity of Work is not known or is likely to change. Provide space on the Bid Form for bidders to propose unit-price amounts. Transcribe unit-price amounts from the Bid Form to the Form of Agreement. Coordinate general measurement and payment requirements in Division 1 Section "Unit Prices." Retain this Article for specific measurement and payment requirements for unit prices for installed water supply wells or for adjustment to quantity allowances.

Coordinate units (e.g., feet or meters) and what is included in units (e.g., water supply well, casing, and grout) stipulated in the Form of Agreement with those described below. Delete grout if rotary or reverse-rotary drilling method is not used.

4.3 SUBMITTALS

A. The Contractor shall provide the following:

1.

Well Abandonment Log.

2.

Abandoned well GPS location to horizontal accuracy of 50’.

3.

Digital picture of abandoned well site, before and after.

See Editing Instruction No. 1 in the Evaluations for cautions about naming manufacturers and products.

Coordinate subparagraphs retained below with subparagraph titles retained in other Part 2 articles. See Division 1 Section "Product Requirements."

Select one of two paragraphs below. Authorities having jurisdiction may require or allow other materials.

Select one of first two paragraphs below. These specialties are designed for use with jet, line-shaft, and submersible pumps. Pitless adapter is installed in casing. Pitless unit replaces a portion of casing.

Retain "Available" in first paragraph below for nonproprietary and delete "Available" for semiproprietary specifications.

For shallow wells, 25 feet (8 m) deep or less, retain subparagraph above. For deep wells, retain subparagraph below.

Delete first subparagraph below if tanks are specified in Division 15 Section "Potable-Water Storage Tanks."

Retain "Water Piping" Subparagraph and associated subparagraph above or below.

Retain "Available" in paragraph below for nonproprietary and delete "Available" for semiproprietary specifications.

Delete paragraph below if no data are available from Owner.

Delete below if no data are available from neighborhood wells.

Retain subparagraph below for steel casings.

Retain subparagraph below for ABS and PVC casings. Do not use ABS pipe for wells deeper than 100 feet (30 m).

Delete first paragraph below if not required.

Retain paragraph below if jet pumps are selected and well is less than 25 feet (8 m) deep.

Retain paragraph below if jet pumps are required and well is between 25 and 100 feet (8 and 30 m) deep.

Retain first paragraph and subparagraphs below if line-shaft- or submersible-type well pumps are selected.

Retain below for submersible-type well pumps.

4.4 WELL ABANDONMENT

A. Comply with AWWA A100 when abandoning water supply wells. Fill and seal holes and casings, remove casing to 24” below ground level, remove any items in the well, any well slab, and restore ground surface to finished grade.

Retain paragraph above or below.

B. Follow well-abandonment regulation of the EPA and the State Agency responsible. Restore ground surface to finished grade.

PART 5 - PRODUCTS (Not Applicable)

See Editing Instruction No. 1 in the Evaluations for cautions about naming manufacturers and products.

Coordinate subparagraphs retained below with subparagraph titles retained in other Part 2 articles. See Division 1 Section "Product Requirements."

Select one of two paragraphs below. Authorities having jurisdiction may require or allow other materials.

Select one of first two paragraphs below. These specialties are designed for use with jet, line-shaft, and submersible pumps. Pitless adapter is installed in casing. Pitless unit replaces a portion of casing.

Submersible pump below may be used for any depth.

Retain subparagraph above or subparagraph and associated subparagraph below.

Retain three subparagraphs below with paragraph above.

Retain "Available" in first paragraph below for nonproprietary and delete "Available" for semiproprietary specifications.

For shallow wells, 25 feet (8 m) deep or less, retain subparagraph above. For deep wells, retain subparagraph below.

Delete first subparagraph below if tanks are specified in Division 15 Section "Potable-Water Storage Tanks."

Retain "Water Piping" Subparagraph and associated subparagraph above or below.

Retain "Available" in paragraph below for nonproprietary and delete "Available" for semiproprietary specifications.

Submersible pump below may be used for any depth.

Retain subparagraph above or subparagraph and associated subparagraph below.

PART 6 - EXECUTION

6.1 PREPARATION

Delete paragraph below if no data are available from Owner.

Delete below if no data are available from neighborhood wells.

A. Well Data, Location, depth and size of casing and well contents:

1. See Attached spreadsheet for well data, location, known depth and size of casings.

2. See Attached maps for locations of wells.

Retain subparagraph below for steel casings.

Retain subparagraph below for ABS and PVC casings. Do not use ABS pipe for wells deeper than 100 feet (30 m).

Delete first paragraph below if not required.

Retain paragraph below if jet pumps are selected and well is less than 25 feet (8 m) deep.

Retain paragraph below if jet pumps are required and well is between 25 and 100 feet (8 and 30 m) deep.

Retain first paragraph and subparagraphs below if line-shaft- or submersible-type well pumps are selected.

Retain below for submersible-type well pumps.

Coordinate piping installations and specialty arrangements with schematics on Drawings and with requirements specified in Division 2 Section "Water Distribution." If Drawings are explicit enough, these requirements may be reduced or omitted.

If no well house is required, retain subparagraph below and select one of two options.

If well house is required, retain subparagraph below.

Retain paragraph above or below.

Revise test procedures in this Article to suit Project.

Revise maximum time intervals and minimum duration of pumping tests in first subparagraph below to suit Project.

Retain paragraph above or below. Retain below to suit requirements of authorities having jurisdiction.

Revise or delete below to suit Project.

6.2 ABANDONMENT

A. Abandon well as per AWWA100 as per State and EPA requirements.

B. Remove and dispose of any appurtenances in the well.

C. Remove and dispose of well slab, if present.

D. Remove and dispose of well casing to a minimum of 2’ below ground surface.

E. Dispose of all materials at a recycling center or a legal land fill.

Retain first paragraph below only if rotary drilling method is selected.

F. Furnish well abandonment log, GPS location of abandonment and a digital picture of the abandoned well site.

END OF SECTION 025251