Solicitation Ottawa Interpretive Panels.doc

Solicitation AG-4419-S-10-0508– RECOVERY- Mine Closure Upper Peninsula Phase 2 Interpretive Panels Ottawa National Forest

COMMERCIAL ITEMS

SOL NO. AG-4419-S-10-00508

PROJNAME: Mine Closure Upper Peninsula Phase 2 Interpretive Panels

UNIT: Ottawa National Forest

SUPPLIES OR SERVICES AND PRICES/COSTS

STATEMENT OF WORK

INTERPRETIVE PANEL DESIGN AND FABRICATION

Ottawa National Forest Mine Closures Upper Peninsula Michigan Phase 2 Interpretive Panels PART I – The Schedule Section B – Supplies or Services and Price/Costs

The Contractor shall provide all professional services, labor, materials, and facilities, to design, fabricate, and ship thirteen (13) interpretive panels and twelve (12) low mount frames with posts for the Ottawa National Forest Norwich Mine Interpretive Trail.

ITEM

NO.

DESCRIPTION

PAY

UNIT

PRICE

TOTAL

PRICE

Fabrication of duplicate 24” X 36” high pressure laminate panels

B.4. Optional Item

FAR 52.217-7 Option for Increased Quantity—Separately Priced Line Item (MAR 1989). The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor on or before September 30, 2010. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

It is anticipated that funds are available for Base Bid Item #2. Option items may be awarded, dependent upon funding availability.

Section C – Description/Specification/Work Statement

SCOPE OF WORK:

(1) The Contractor shall provide graphic layout and design, including illustration and acquisition of necessary images, for interpretive panels as described in attached Interpretive Plan (Exhibit A, “The Norwich Mine Historic Site: A Remote Pioneer Town of the Early Mining Frontier; Interpretive Master Plan for the Norwich Mine Site.”) NOTE: Text for panels is provided in the subject plan. Work includes file preparation for fabrication.

(2) The Contractor shall fabricate thirteen 24” X 36” high pressure laminate panels.

(3) The Contractor shall provide twelve low profile mounting structures and panel bases.

C.1. Description of Work

A. Background

Design and fabrication of thirteen (13) interpretive panels and low mount frames w/posts. Design work includes image acquisition, graphic layout and design and file preparation for fabrication. NOTE: Text for panels will be provided. Additionally, twelve (12) low mount frames for panels to be constructed.

B. Purpose/Goals The Norwich Mine Historic Site (actually four mines and two town sites dating from the 1840’s to the early 20th century) is well known and frequently visited. Visitation is an expression of interest in the unique history of the site. Signing of an interpretive trail and trailhead will interpret the area features and allow for interested visitors to learn more about the history of Norwich.

The attached Interpretive Plan outlines the goals and objectives for the interpretive trail, identifying resources and themes, and plans the interpretive programs, pathways and resources to best convey the stories this site has to tell, while preserving the important resources of the site.

C. Location

The Norwich Mine is located on the Bergland Ranger District (administered by the Ontonagon District Ranger) of the Ottawa National Forest, in sections 1 and 12 of T49N R41 W. The site is within Management Area 6.1 of the Forest, which features semi primitive non-motorized recreation opportunities. The site is located on the North Country National Scenic Trail and can be accessed via Victoria Road. NOTE: A site visit is not required as part of this contract.

C.2. Design

A. Materials Provided by the Forest Service

· Exhibit A. “The Norwich Mine Historic Site: A Remote Pioneer Town of the Early Mining Frontier; Interpretive Master Plan for the Norwich Mine Site,” which includes approved text for interpretive panels.

· Exhibit B. Smithsonian Institution Accessibility Program, Exhibition Accessibility Checklist

· Exhibit C. Mounting Structures and Exhibit Bases.

B. General Requirements

1. Interpretive panels will be digitally printed on high pressure laminate.

2. Panels will be 24” X 36” with consistent design and theming.

3. Bases shall be structurally sound and shall be designed to require minimum maintenance, as well as to minimize the risk of vandalism and/or damage.

4. Panels and bases shall be designed so as to present no safety hazard or threat to visitors or resources.

5. Panels and bases shall consider and accommodate the needs of physically/mentally challenged visitors. (See Exhibit B, “Smithsonian Institution Accessibility Program”.)

6. Federal, state and local codes, laws and other regulations must be adhered to in the final design of all exhibitory.

C. Interpretive Requirements

1. Graphic design and layout, including illustration and acquisition of necessary images. Text is provided.

2. While the guidelines for development of the themes of panels are contained in the attached Interpretive Plan, design contractors are encouraged to incorporate innovative presentation techniques.

3. Use Interpretive Plan as developed by the Forest, keeping in mind the goals as stated.

D. Specifications

1. Panels must be easy to remove from bases for repair or replacement and replacement parts should be readily available.

2. All panels will be sized as listed in C.8. Panel Fabrication Specifications.

3. Construction materials specified must be in compliance with federal laws, which stipulate buying American products.

4. Design panels and bases to handle the climate (interpretive panels will be on a non-motorized hiking trail and will be subject to weather, dust, and hikers).

E. Interpretive Components of the Design Phase

1. The contractor will design panels for the hiking trail (12 panels total) and for the trail head (1 panel only).

2. The contractor shall refer to the documents listed in SECTION J – LIST OF ATTACHMENTS for direction on the interpretive panels. The contractor is expected to expand on the previous work and improve on it where appropriate.

3. The Forest Service shall review and approve all refinements and/or additions proposed by the contractor.

4. Signing shall coordinate in design, color, typeface and general style.

C.3. Contractor’s Services

The Contractor shall provide the following services as part of this contract:

File review and preparation. Upon award and proceeding with any work, the Contractor shall address any potential compatibility issues of any digital files or computer systems. All digital files provided by Contractor shall be IBM compatible.

Project management through the stages of planning, design and fabrication. The Contractor shall provide a Project Manager to oversee implementation of the contract, schedule reviews and serve as liaison to the Contracting Officer’s Representative at different stages of the process in oral and written presentations. The Project Manager will provide direction and supervision of team and accountability for team performance.

Research and photo collections. The Contractor shall provide photo searches, contact potential photographers, obtain use rights, negotiate use fees, and provide research for photos, maps, illustrations and topic specific information.

Design and layout. Using text provided in “The Norwich Mine Historic Site: A Remote Pioneer Town of the Early Mining Frontier; Interpretive Master Plan for the Norwich Mine Site.” The Contractor shall provide computer generated digital images for interpretive panels.

The Contractor shall also be responsible for quality control and editing of products submitted. The Forest Service will provide specific direction relative to content, design and other technical requirements.

The Contractor will be responsible for fabrication of approved interpretive panels and low profile mounting bases.

C.4. Deliveries or Performance

The Contractor’s performance and/or submittals at each phase of the schedule shall be subject to review and written approval or rejection by the Contracting Officer’s Representative (COR). Written approval with comments for changes will constitute a basis for continuing work as directed by the Forest Service review comments. In order to maintain the schedule, the COR will furnish such written responses to each submittal within the time allowed by the contract. If the Forest Service causes any delays, the contract will be adjusted accordingly. The Contractor shall not proceed with the next phase of work until written approval is furnished.

C.5. Submittals

The Contractor shall prepare and deliver to the Government a complete and fully detailed package describing all interpretive and informational components of the interpretive panels. All drawings and information shall be clearly laid out.

C.6. Post Award Meeting

The Contractor shall participate in a post award meeting before formal work begins on the design to discuss the previous planning efforts and develop a detailed scheduled showing dates of the various stages of design and review. Post award meeting will be scheduled 15 days after award of the contract.

C.7. Design Development and Technical Design Reviews

A. Design Development

Design shall be accomplished in phases: conceptual design and development (50%), final design (75%), construction documents (95%) and contract completion (100 %). Any errors or omissions for the final design will require corrections to be made by the Contractor. In all cases, the amount of detail required is that which is sufficient for the Contractor to communicate effectively to the Forest Service what is intended. Each phase shall have an up-to-date cost estimate.

The Government will review proofs and return one copy per original panel as approved; approved with conditions; or rejected altogether. Review will be in writing to the Contractor. This review will be completed within two weeks of receipt of the proofs.

Rejected proofs shall be corrected as required, and resubmitted in duplicate as specified above, for review and approval by the Government. Corrections that are not within the control of the Government, such as corrections for color matching, imperfections, etc, will be made at the expense of the Contractor.

B. Deliverables Required

The development of each interpretive panel should include content, typography, color, materials, and structural and space defined relationships.

Conceptual Design & Development (50% review). The drawings shall address general design features of each panel (such as color, scale, size, etc.) Drawings shall include the preliminary text/graphic. This will include the interpretive outline and draft text of the exhibit program as well as preliminary visuals in support of the interpretive and informational content. Contractor should provide preliminary to scale graphics for each panel and preliminary text as well as illustrations and photographs.

Final Design (75% review). This review shall include an elaboration and more detailed refinement of the 50% phase. It will also include corrections and changes the Forest Service has noted.

The Construction Document Review (95% review). This phase shall provide all final drawings, specifications, examples, samples, text, graphics, etc., for the design package to be fabricated, as is, with no additional design work necessary unless agreed to by the Forest Service in advance. Also, no additional research or writing should be necessary to complete the fabrication of the panels. It shall also include but is not limited to the following:

a) The reproducible drawings of all interpretive panels.

b) The final design package will provide all necessary plans and specification for low profile mounting bases.

c) Provide a detail cost breakdown for shipping of all panels and mounts.

The Interpretive Panels Completion (100%). This will constitute the entire completed and corrected contract.

a) Provide one full-size copy of each interpretive panel.

b) Provide a computer disc with all the written specifications package and narrative information on it in a software program approved by the Forest Service at the time of contract completion.

c) Corrections of any errors or omissions discovered at the final design meeting.

d) Upon completion of the design, all original artwork and other preparatory materials used for display and exhibit design shall become the property of the Government. The Contractor shall be paid a one-time fee for the artwork and maps and the Forest Service shall own the rights to all future uses of the artwork.

e) All originals of exhibit drawings, as-built drawings, etc., produced under this contract shall be the property of the Forest Service. The Contractor shall transmit acceptable archival originals or photographic reproducibles to the COR.

C.8. Panel Fabrication Specifications

The Contractor shall furnish all labor, materials, services and incidentals to produce the required number of interpretive panels. The Contractor shall have professional manufacturing capabilities to produce clean, consistent prints of materials and inks compatible with the proposed process for the specified use.

Thirteen panels will be produced. Panels shall be produced on high pressure laminate panels. The table below shows the individual panels:

24” X 36” High pressure laminate 1/8” thick

1. All edges of printed art to be sharp and passage of ink when dry to be continuously even and opaque, with no bleeding. Contractor is responsible to accurately apply the colored inks in perfect registration and with absolute duplication in strict accordance to industry standards. Contractor is responsible to touch up and clean up any and all minor imperfections at no additional cost to the Government.

2. Colors and backgrounds will be printed, not sprayed or applied otherwise. All copies are to be consistent in color, opacity, and quality.

3. All high-pressure laminated signs will be sized as listed and will be equal to or greater than Folia and Izone product standards.

4. The laminate process requires that printed paper shall be laminated and processed using exterior grade laminates and Exterior Solid Phenolic Core Panels (or interior grade materials if needed) approved equivalent.

5. The panels shall be 1/8” thick, opaque and with matte finish. Panels shall be cured and trimmed to the specified final sizes.

6. The panels must be resistant to scratching, ink, paint, steam, acids and aromatics. All ink or paint markings should be readily removable with soap and water or solvents without harm.

7. Fabricated panels shall be packaged with padding, wrapped in heavy plastic, and shipped flat to minimize movement during shipping. Packing slips shall include content panel’s identification numbers. Packing for shipment shall be accomplished to ensure acceptance by common carrier and safe delivery at destination. Containers and closures shall comply with Interstate Commerce Commission, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation. The Contractor shall pay all shipping costs. Panels will be shipped to:

Ontonagon Ranger District

1209 Rockland Road

Ontonagon, MI 49953

C.9. Low Profile Mounting Frames

1. The fabrication of these units shall be as detailed on the enclosed drawing and described herein. Use only specified fastening devices and appropriate welding materials as required. All welds shall be ground smooth. All sharp and ragged edges shall be eased smooth. All raw metal surfaces need to be prepared for painting by sandblasting and primed following the printed directions of the paint manufacturer.

2. Frames shall be designed and built to hold 24” X 36” X 1/8” interpretive panels.

3. The frames shall be 2-legged low profile with an aluminum back that provides tamper proof mounting onto a wood surface. Fixtures to hold the frame in place must be tamperproof and durable to outside elements.

4. Paint color shall be black, with a mottled finish. The second coat shall be applied to provide a textured, non-glare pattern. The finish shall be free of runs, sags and other imperfections. The color shall be consistent from surface to surface. The paint shall be applied under dry, dust-free conditions at temperatures above 50 degrees F. Painting shall be done in a workman-like manner so as to produce an even film of uniform thickness. Edges, crevices, corners and joints shall receive special attention to ensure that they are thoroughly cleaned and receive an adequate film thickness of paint.

5. Frames must be .16-gauge aluminum or steel.

6. 1/8” spacing depth should be allowed for exhibit.

7. The Contractor shall provide construction drawings for installation and mounting of exhibits within frame system.

8. All frames will be the same color.

9. Frame margins around the panel shall be 1” for all exhibits.

10. The exhibit panels will be installed in the frames so as to allow for removal in the future. The completed assemblies shall be crated in materials and containers to ensure they will not be damaged under normal shipping conditions.

11. Frames will be delivered to:

Ontonagon Ranger District

1209 Rockland Road

Ontonagon, MI 49953

12. Crate and shipping costs will be paid by the Contractor and should be listed as a separate item.

PART II – Contract Clauses

Section E – Inspection and Acceptance

E.1 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

52.246-1 Contractor Inspection Requirements (APR 1984)

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

E.2. Inspection and Acceptance

A. The Contracting Officer or COR will inspect and accept the supplies and/or services to be provided under this contract.

B. Inspection and acceptance will be performed at:

Ottawa National Forest

E6248 US Hwy. 2

Ironwood, MI 49938

Section F – Deliveries or Performance

F.1 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

52.242-15 Stop Work Order (AUG 1989) 52.242-16 Government Delay of Work (APR 1984) F.2. Period of Performance

Work is expected to begin May 1, 2010. Work will be reviewed by the Contracting Officer’s Representative (COR) at the 50%, 75% and 90% stages. Final product (completed panels and low profile mounting structures) are to be shipped to the Ottawa National Forest on or before November 1, 2010.

F.3. Review and Approval

The COR will notify the Contractor, in writing, of approval or rejection of the work in accordance with the following schedule:

Approval Time A. Submission of draft interpretive panels

2 weeks B. Submission of technical drawings for bases

2 weeks C. Inspection of completed exhibit elements

2 weeks Any additions or corrections shall be completed and returned to the Government within 15 calendar days. In the event the Government delays beyond the period specified, the Contractor shall be entitled to a day-to-day extension in the final completion date.

F.4. Delivery Location

Shipment of deliverable items, other than reports, shall be to:

Ontonagon Ranger District

1209 Rockland

Ontonagon, MI 49953 Section G – Contract Administration Data

G.1. Contracting Officer’s Representatives

The Government shall appoint a Contracting Officer’s Representative (COR) for this project. Name, address and telephone number of this individual will be determined in a later document.

The COR is responsible for:

A. Monitoring the Contractor's technical progress including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements;

B. Interpreting the Scope of Work;

C. Performing technical evaluation as required;

D. Performing technical inspections and acceptances required by this contract; and

E. Assisting the Contracting Officer in the resolution of technical problems encountered during performance.

For guidance from the COR to the Contractor to be valid, it must: (1) be consistent with the description of the work set forth in this contract; (2) not constitute new assignment of work or change the expressed terms, conditions, or specifications incorporated into this contract; (3) not constitute a basis for an extension to the period of performance or contract delivery schedule; (4) not constitute a basis for any increase in the total contract value.

THE CONTRACTING OFFICER IS RESPONSIBLE AND HAS THE SOLE AUTHORITY FOR DIRECTING AND/OR NEGOTIATING ANY CHANGES IN THE TERMS, CONDITIONS OR AMOUNTS CITED IN THE CONTRACT. THE CONTRACTING OFFICER SHALL APPROVE INCREASES IN THE SCOPE OF WORK.

G.2. Contractor’s Project Manager

The Contractor shall designate a Project Manager who will be the Contractor’s authorized supervisor for technical and administrative performance of all work hereunder. The Project Manager shall provide the single point of contact between the Contractor and the COR under this contract. All administrative support of technical personnel required to fulfill the work stated in the contract shall be the responsibility of the contractor.

The Project Manager shall receive and execute, on behalf of the Contractor, such technical directions as the COR may issue within the terms and conditions of the contract.

The Contractor shall use the COR as the pint of contact of all technical matters under the contract. Technical correspondence shall be addressed to the COR, with an information copy of the basic correspondence to the Contracting Officer.

G.3. Consideration and Payment

Upon completion, inspection, delivery and acceptance of interpretive panels and low profile mounting bases, the Government will pay the Contractor in accordance with the following schedule:

Description of Work

Payment Amount Upon completion and acceptance of interpretive panel proofs

30%

Upon completion and acceptance of full-sized graphic layouts

30%

Upon completion and acceptance of panels and low-profile

Mounting bases

30%

Upon completion, inspection and acceptance of all work

10% Section H – Special Contract Requirements

H.1. Pre Award Interviews

Interviews will be conducted via telephone with Offerors considered to be within the competitive range, if practical. These discussions will be held with the Offeror and Forest Service employees. Interviews will be held with Offerors to enhance the Government’s understanding of proposals allowing reasonable interpretation of the proposal or to facilitate the Government’s evaluation process. Such communications will not be used to cure proposal deficiencies or material omissions, materially alter the technical or cost elements of the proposal, and/or otherwise revise the proposal. Clarification may also deal with past performance information.

H.2. Post Award Conference

A post award conference with the successful Offeror will be completed via telephone. It will be scheduled within 15 days after the date of contract award.

Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/

CONTRACT CLAUSES

The following clauses apply if orders placed are with funds from the American

Recovery and Reinvestment Act are used:

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009--Use the clause at 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 in all solicitations and contracts funded in whole or in part with Recovery Act funds.

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.

52.204-11 American Recovery and Reinvestment Act—Reporting Requirements. Insert the clause at 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements in all solicitations and contracts funded in whole or in part with Recovery Act funds, except classified solicitations and contracts. This includes, but is not limited to, Governmentwide Acquisition Contracts (GWACs), multi-agency contracts (MACs), Federal Supply Schedule (FSS) contracts, or agency indefinite-delivery/indefinite-quantity (ID/IQ) contracts that will be funded with Recovery Act funds. Contracting officers shall ensure that this clause is included in any existing contract or order that will be funded with Recovery Act funds. Contracting officers may not use Recovery Act funds on existing contracts and orders if the clause at 52.204-11 is not incorporated.

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.

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (MAR 2009) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (APR 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)).

(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 shall check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

___ (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 (Section 1553 of Pub L. 111-5).

_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 (Jul 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 Aside (June 2003) (15 U.S.C. 644).

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

_X__ (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.

___ (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—Subcontracting 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).

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

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

___ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2009) 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).

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

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

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

_X__ (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).

__X_ (32) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Feb 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, and 109-169).

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

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

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

__X_ (34) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 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 U.S.C. 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 (Sep 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 paragraphs (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, 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) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). Applies to subcontracts funded under the Act.

(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 (Sep 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), flow down required for all subcontracts subject to the Service Contract Act of 1965 (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 obligation.

SOLICITATION PROVISIONS

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (FEB 2009) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

(a) Definitions. As used in this provision--

“Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the…