1442 Cont_0568.pdf

SOL NO: AG-4419-S-10-0568

UNIT: 0908

PROJ NAME: Site Rehab

PART I—THE SCHEDULE

B. SCHEDULE OF ITEMS

Item No.

Description Quantity Unit Unit Price Total Price

Base Items

01 Shelter Design 1 LS $ $

02 Shelter Construction 1 LS $ $

03 Restroom Siding Staining 1 LS $ $

04 Restroom Roof Repair 1 LS $ $

05 Restroom Interior Repairs 1 LS $ $

06 Spillway Trail Bridge Design 1 LS $ $

07 Spillway Trail Bridge Construction 1 LS $ $

08 Gazebo Roof Cleaning 1 LS $ $

09 Gazebo Balustrade removal and 1 LS $ $ repair of damaged wood

10 Landscaping and Site: Downed tree 1 LS $ $ removal

Total All Base Items $

Optional Items

01 Shelter – Stone Column Base 1 LS $ $

02 Shelter – Stone Fireplace 1 LS $ $

03 Shelter Flag Stone floor 1 LS $ $

04 Shelter – Flag Stone Sidewalk 1 LS $ $

04 Shelter – Flag Stone Sidewalk 1 LS $ $

05 Shelter – Electrical 1 LS $ $

06 Restroom – Stone Siding 1 LS $ $

Item No.

Description Quantity Unit Unit Price Total Price

07 Restroom – Cement Board Siding 1 LS $ $

08 Restroom – Sensor Hand Dryers 1 LS $ $

09 Restroom – Sensor Faucets 1 LS $ $

10 Restroom – Water Fountain 1 LS $ $

11 First Trail Bridge to Island Design 1 LS $ $

First Trail Bridge to Island Construction

LS

13 Second Trail Bridge to Island Design 1 LS $ $

14 Second Trail Bridge to Island 1 LS $ $

Construction

15 Dam Repairs 1 LS $ $

16 Gazebo – Stone column Base 1 LS $ $

17 Landscaping – Tree Planting 5 EA $ $

18 Landscaping – Site Drainage Plan 1 LS $ $

Total All Options $

Total Base and Options $

"NOTE: Please be sure to certify in ORCA for the NAICS specified for this project."

Period of Performance/Delivery Schedule.

• 04/19/2010 Approval of SSP

• 03/16/2010 Issue FBO Presolicitation Synopsis (15 days)

• 04/19/2010 Issue Phase I RFP (30 days)

• 05/06/2010 Site visit (1 day)

• 05/19/2010 Open offers and evaluate (5 days)

• 05/24/2010 Request for Phase II (7 – 14 days)

• 06/18/2010 Evaluate Phase II proposals, Recommend Award, SSA approves (5 days)

• 06/23/2010 Award

• 06/30/2010 Issue Notice to Proceed for Phase II

• 12/30/2010 Estimated completion date Phase II

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

1.0 General Information:

The Lincoln Memorial park was built in 1912 on land which was originally part of the fair grounds of the still existing Lincoln-Douglas Debate Site, which itself dates from 1858. The intent of this project is to re-furbish and develop this park so that it will be both a true reflection of its past and also a fine example of a 21st century recreational asset for the Jonesboro Ranger District.

2.0 Scope of Work:

This contract includes but is not limited to the design and reconstruction of one (1) shelter and three

(3) trail bridges; repair of the existing restroom; restoration of the pond and dam to retain water;

renovations to the gazebo; tree removal and planting; site drainage; and installation of an outdoor fountain/yard hydrant to resemble the Civilian Conservation Corp (CCC) era of the 1930’s when the Shawnee National Forest was established.

3.0 Definitions:

A. Quality Assurance. Those actions taken by the government to check goods or services to determine that they meet the requirements of the SOW.

B. Quality Assurance Surveillance Plan. An organized written document used for quality assurance surveillance. The document contains information about how the government will assess performance, checklists, and may contain decision tables.

C. Quality Control. Those actions taken by a contractor to control the production of goods or services so that they will meet the requirements of the SOW.

D. (Acceptable) Service. A job performed to the standard and within the acceptable quality level. The contractor must do the specific job, and meet the standard, and meet the acceptable quality level before one can say that performance has been acceptable and that he/she should be paid.

E. Standard. An acknowledged measure of comparison.

F. Replace. Remove existing damaged material, dispose of properly and replace with new materials and/or equipment, as noted.

4.0 Government Furnished Property/Services/Materials/Items:

A. All existing site and facilities plans shall be made available to the successful contractor for reference during design and construction.

B. Historical CCC era plans shall also be made available for reference.

C. ARRA Project Identification sign will be provided for the contractor to install.

5.0 Contract Requirements:

A. The following work items include optional design and construction items. When a design is asked for as optional, it shall be priced in the Schedule of Items as both design and construct.

B. Existing Shelter:

1. Remove and dispose of existing shelter including concrete pad.

C. New Shelter:

1. Design:

a. Shall be the same length and width (16 feet by 32 feet) of the existing shelter.

b. Eave line of the shelter shall extend a minimum of 24 inches beyond the columns, but not exceed 36 inches; minimum clearance to eave line shall be 8 feet.

c. Shall be squared timber.

d. Shall have open gables.

e. Shall have a dimensional shingle with a minimum 30 year warranty, matching the other roofs on the property.

f. Shall be open between the columns.

g. Shall have a minimum 60 inch wide sidewalk around the shelter.

h. Concrete floor shall be colored to provide a more natural look.

i. Existing electrical supply shall be utilized on the new structure with the same number of outlets.

j. Install a minimum of two (2) skylights

k. Design loadings (dead, live, wind, snow, seismic, etc) for the roof and columns shall be shown on the drawings.

2. Optional Items:

a. Columns shall have 36” high stone base.

b. Stone fireplace, chimney and hearth on the south end of the shelter.

c. Flag stone floor.

d. Flag stone paved sidewalk.

e. Resize the electrical system to provide a minimum of 6 electrical outlets and a minimum of 2 light fixtures with 7 day programmable timers to be located in the plumbing chase of the restroom building.

3. Construction:

a. Shall begin upon approval of final design by the CO.

b. Install 1 accessible, frost-free yard hydrant with backwater preventer, hose bib and water fountain on existing water line.

D. Restroom:

1. Option Item: Clapboard siding shall be replaced with precast stone from the ground up to the window sill on front and sides as well as include a stone ledge. The rear of the building shall remain as is.

2. Exterior Siding: Shall be stained a color to match the existing.

a. Option: Replace siding with four (4) inch exposed cement board siding, with wood grain texture, painted with latex paint a color to be selected by the CO.

3. Roof:

a. Remove and dispose of existing shingles, felt and drip edge.

b. Repair damage to decking.

c. Install new 15 lb roofing felt, ice dam, drip edge and dimensional shingle roof with a minimum 30 year warranty, matching the other roofs on the property.

d. Install seamless gutters and downspouts, color to match building.

e. Provide positive drainage and erosion prevention at the downspout termination.

4. Interior:

a. Paint walls and ceiling with latex paint a color to be selected by the CO.

b. Repair all grouting of plumbing fixtures.

c. Replace light fixtures with similar fixtures.

d. Replace all flush valves with new accessible, low flow units, with automatic flush.

e. Option Item: Install new hand dryers in both men’s and women’s restrooms.

Dryers shall have sensor on and off.

f. Option Item: Install new faucets on sinks with sensor on and off.

g. Option Item: Replace exterior water fountain with similar accessible unit.

E. Trail Bridges:

1. Existing spillway Trail Bridge: Remove and replace.

a. Care shall be taken so as not to damage the stone spillway.

b. Cutting or other alteration of the spillway shall not be allowed.

c. New bridge shall be accessible, constructed of treated wood and shall not interfere with water flowing over the spillway.

d. Contractor’s design shall be approved in writing by the CO prior to removal of existing Trail Bridge.

2. Optional Items - Existing Trail Bridges to island:

a. Remove and replace both the substructure and the superstructure of each bridge.

b. Abutments shall be stone faced to resemble the CCC era stonework on the site above the principle spillway elevation.

c. Concrete for abutments shall be colored to match the surrounding ground.

d. New bridge shall be accessible and constructed of treated wood.

e. Contractor’s design shall be approved in writing by the CO prior to the removal of existing Trail Bridges.

F. Lincoln Memorial Dam:

1. Optional Item:

a. Submit for approval by the CO a step by step plan to drain the pond, remove sediment accumulation, and to compact and seal the upstream dam face.

b. Sediment removed shall be disposed of offsite. Contractor shall provide documentation indicating permission to dispose of this material on other land.

c. All work shall conform to the Best Management Practices and guidelines of the Natural Resources Conservation Service.

d. Work shall not disrupt the spring or other watershed features filling the pond with water.

G. Gazebo:

1. Clean algae and moss buildup from roof shingles.

2. Remove all balustrades.

3. Submit plan for approval by CO for replacing the support members damaged by wood bees, prior to starting work. These include the columns, fascia and some roof support members. At no time shall any support members be removed without providing backup support.

4. Option Item: Add a 36 inch high stone base to the columns to match those on the shelter.

H. Landscaping and Site Improvements:

1. Remove and dispose of downed trees cut by others, off Forest Service land.

2. Optional Item: Plant 5 new trees 8-10 inches in diameter, species to be 2 Red Oak and

3 White Oak.

3. Optional Item: Prepare a site drainage plan for the area indicated on the site drawing.

Work shall include hauling and placing soil, installation of French drains and contouring the ground to allow the water to flow into the pond thru the culvert currently in place.

a. Contractor’s design shall be approved in writing by the CO prior to drainage work commencing.

I. All Optional Stonework

1. May be either natural stone, or commercially available manufactured stone.

J. Seeding and Mulching:

1. Seed and Mulch all disturbed areas around the following:

a. New Shelter

b. Restroom

c. Trail Bridges

d. Gazebo

e. Crest and downstream face of dam

f. Within the site drainage area.

2. Costs of seeding and mulching shall not be paid separately.

3. Seeding and mulching of optional items will only be paid for those items awarded.

4. No seeding and mulching will be paid as a part of the design work.

5. Seed: Shall be a lawn mix commercially available.

6. Mulch: Shall be certified weed and seed free straw.

6.0 Requirements guidelines.

A. Code Compliance: The contractor is required to make repairs following all applicable national, state and local codes, including but not limited to:

1. International Building Code

2. International Plumbing Code

3. International Mechanical Code

4. Illinois State Plumbing Code

5. National Electrical Code

6. Life Safety Code

7. National Fire Code

8. Occupational Health and Safety Administration (OHSA)

9. All work must conform to all State and Federal Accessibility Requirements

B. Design Submittals:

1. Contractor shall submit all designs at the 35% and 95% completion point for review by the CO.

2. The Government shall review and provide comments within 14 days of receiving the design submittal.

3. 95% drawings shall include all calculations for loads for review by the Eastern Region Bridge Engineer.

4. 100% drawings shall include all loadings used and bear the stamp of the Professional Engineer reviewing the design.

5. Final designs shall be on 24” by 36” vellum or mylar sheets, as well as original AutoCAD drawings on CD compatible with AutoCAD version 2004 or earlier.

C. Submittals:

1. Product Submittal for Approval: Contractor shall submit three (3) copies of all manufacturers’ literature for products to be incorporated in the construction work for approval to the CO. Literature should include choices of colors and patterns for selection by the CO.

2. Owner Manuals:

a) Contractor shall submit a binder of all manufacturers’ literature regarding maintenance and operations manuals for all equipment installed.

b) Documentation shall include all brand names, model number and serial number (if applicable).

c) All documents must be submitted at close of project before final payment will be processed.

3. Contractor shall submit as-built drawings within 2 weeks of project completion and acceptance by the government.

D. Site Cleanup and Disposal:

1. All construction debris shall become property of the contractor and shall be disposed of properly in an approved landfill. Contractor shall submit proof of disposal.

2. All construction debris and litter shall be removed from the job site at the end of the day. Contractor shall keep all litter and debris picked up during the day.

3. Contractor shall use care in keeping soil, rock and excess concrete from accumulating on the walkways adjacent to work areas and parking lot.

E. Protection of Forests, Parks and Federal Lands:

1. Contractor shall inform and educate the supervisor(s) on the job and each individual worker that any snake encountered must not be killed or harmed. The timber rattlesnake is legally protected under the Illinois Endangered Species Protection Act, and a violation is a Class A misdemeanor. (Class A misdemeanors carry a fine of up to

$1,000 and up to 364 days in jail.) Contractor is to notify the CO of any timber rattlesnake sighting.

F. Maintenance of Traffic and Work Hours:

1. Work shall be performed between 8:00 a.m. on Monday to 12:00 noon on Friday and left in a condition acceptable to recreation traffic the remainder of the week.

2. The site shall remain open to the public during the life of the project, contractor shall take appropriate measures of protecting the public during and after work hours. This may include, but is not limited to use of barricades, safety fencing and/or signing to warn of potential hazards.

3. No work shall be performed on weekends and Holidays (including the day before and the day after).

G. Damages:

1. Contractor shall be responsible for repairing all damage caused by their equipment or employees to Forest Service property at their expense.

2. Any ruts or other damage to the ground shall be raked smooth and seeded and mulched.

a. Seed: Shall be a lawn mix commercially available.

b. Mulch: Shall be certified weed and seed free straw.

7.0 References.

A. Hardcopy of all available plan drawings for Lincoln Memorial will be available for viewing as needed by the contractor at the Supervisor’s Office at 50 Highway 145 South, Harrisburg, Illinois 62946. Arrangements for viewing shall be made thru the COR.

B. Drawing Attachments:

1. Site drawing is intended to show the location of the work in relation to the overall layout of the Lincoln Memorial Site and should not be used for scale. Contractor is encouraged to view hardcopy drawings when measurement estimates are necessary.

8.0 End Results/Deliverables. This contract is for the complete design and repair of the Lincoln Memorial site, as described above.

9.0 Quality Assurance Plan/Requirements.

Task/

Critical

Subtask

Quality/Performance

Standards

Acceptable

Quality

Level

Means of

Measurements

Penalties Incentives

All except See Quality Assurance All items Contractor’s Rework at no • None seeding, mulching, and trail bridge design

Plan must meet 100% of plan.

records, data and reports.

Periodic/Random verification by

COR

cost to the Government

Seeding and Mulching

See Quality Assurance Plan

80% of area seeded must have established growth.

Visual inspection in Contractor’s presence with

COR

Rework at no cost to the Government

• None

Trail Bridge Design

See Quality Assurance Plan

Meets or exceeds all national codes for design and loadings.

Review and signature if the Forest Service Eastern Regions Bridge Engineer and Director of Engineering

Rework at no cost to the Government

• None

AGAR 452.211-72 Statement Of Work/Specifications (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

AGAR 452.211-73 Attachments To Statement Of Work/Specifications (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

FAR 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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services--Fixed-Price (AUG 1996) 52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire project not later than 180 days after issuance of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996)

Within seven calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.

The maximum work week that will be approved is negotiable.

SECTION G--CONTRACT ADMINISTRATION DATA

{For this Solicitation, there are NO clauses in this Section}

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 - CONTRACT RELEASE

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $__________ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein. Reservations:

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.204-9 Personal Identity Verification of Contractor Personnel (SEP 2007) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL

2005) 52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-50 Combating Trafficking in Persons (SEP 2007) 52.222-54 Employment Eligibility Verification (Jan 2009) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-14 Toxic Chemical Release Reporting (AUG 2003) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-11 Pledges of Assets (FEB 1992) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) 52.228-14 Irrevocable Letter of Credit (DEC 1999)

52.228-15 Performance and Payment Bonds—Construction (NOV 2006) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-17 Interest (OCT 2008) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002)

52.233-3 Protest After Award (AUG 1996) 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) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by The Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 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)

Alternate I (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984)

Alternate I (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984) Alternate II (APR 1984)

52.236-24 Work Oversight in Architect-Engineer Contracts (APR 1984) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (AUG 1987) 52.244-6 Subcontracts for Commercial Items (MAR 2009) 52.245-1 Property Records (JUN 2007) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (SEP 2006) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)--

Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 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) 452.236-77 Emergency Response (NOV 1996) 452.236-80 Firms Ineligible -- Construction (NOV 1996) 452.237-75 Restrictions Against Disclosure (FEB 1988)

52.203-15 – Whistleblower Protections Under the American Recovery and Reinvestment Act of

2009 (MAR 2009)

Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Mar 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111– 5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

(End of clause)

52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S.

Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

52.204-11 – American Recovery and Reinvestment Act—Reporting Requirements (MAR 2009)

“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 http://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—

(l) 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.

52.215-2 -- Audit and Records – Negotiation (MAR 2009) w/ALT I

(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)

52.222-8 PAYROLLS AND BASIC RECORDS.

As prescribed in FAR 22.407(a), insert the following clause:

PAYROLLS AND BASIC RECORDS (Deviation, Jan 2010)

(a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under paragraph (d) of the clause entitled Davis-Bacon Act, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(b)

(1) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/whd/forms/wh347instr.htm or its successor site.

The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.

Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Contracting Officer, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the Contracting Officer.

(2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify --

(i) That the payroll for the payroll period contains the information required to be maintained under paragraph (a) of this clause and that such information is correct and complete;

(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR Part 3;

and

(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph (b)(2) of this clause.

(4) The falsification of any of the certifications in this clause may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of…