AG-9702-S-10-0203 Host Site Improvements.doc

AG-9702-S-10-0203

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-9702-S-10-0203

2. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|X| NEGOTIATED (RFP)

3. DATE ISSUED

2/17/2010

PAGE OF PAGES

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

358950

6. PROJECT NO.

CIM-0310-20F

U. S. FOREST SERVICE

EROC-SW Contracting Santa Fe National Forest 11 Forest Lane Santa Fe, NM 87508

See Section L – Instructions, Conditions and Notices to Offerors or Respondents for offer submittal requirements

Mark Bremer B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 505-438-5362

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

SPECIAL NOTICE

*RECOVERY* - This solicitation is funded in whole or part by funds from the American Recovery and Reinvestment Act (ARRA).

Price Range

The Government's estimate is:

between $100,000 and $500,000.

All questions and clarifications must be submitted in writing to dsimpson02@fs.fed.us.

11. The Contractor shall begin performance within 10 calendar days and complete it within 180 calendar days after receiving |_| award, |X| notice to proceed. This performance period is |X| mandatory, |_| negotiable. (See .)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12B.)

E. Offers must include the following information with their offer: email address of point of contact, Tax Identification Number (TIN), and Duns and Bradstreet number (DUNS).

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

Email address:

16. REMITTANCE ADDRESS (Include only if different than Item 14)

TIN # DUNS #

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within 30 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

Santa Fe National Forest Attn: Mark Bremer Phone: 505-438-5362 11 Forest Land, Santa Fe, NM 87508 Taos, NM 87572

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

AG-9702-S-10-0104

Table of Contents

Your email address: __________________________________________________

Your Tax Identification Number (TIN): _____________________________

Your DUNs number: __________________________________________________

Reminder:

Please submit your original bid bond to:

U. S. Forest Service EROC-SW – Dave Simpson 11 Forest Lane Santa Fe, NM 87508

Section B – Supplies or Services and Prices/Costs Schedule of Items

SECTION B - SCHEDULE OF ITEMS

SANTA FE NATIONAL FOREST

HOST SITE IMPROVEMENTS

11 Forest Lane Santa Fe, NM 87508

CUBA RANGER DISTRICT

A. RIO LAS VACAS CAMPGROUND

B. CLEAR CREEK CAMPGROUND

SECTION B - SCHEDULE OF ITEMS

SANTA FE NATIONAL FOREST

HOST SITE IMPROVEMENTS

11 Forest Lane Santa Fe, NM 87508

PECOS/LAS VEGAS RANGER DISTRICT

C. EL PORVENIR CAMPGROUND

D. EV LONG CAMPGROUND

SECTION B - SCHEDULE OF ITEMS

SANTA FE NATIONAL FOREST

HOST SITE IMPROVEMENTS

11 Forest Lane Santa Fe, NM 87508

E. HOLY GHOST CAMPGROUND

GRAND TOTAL BID PRICE (ALL ITEMS) $ _________________

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Forest Service Specifications for Santa Fe National Forest Host Site Improvements

1.1 DESCRIPTION OF WORK

This project includes construction of improvements for campground hosts for sites on the Santa Fe National Forest. Work includes, but is not limited to the following:

· supplying primary and secondary electricity

· installation of trailer-mounted photovoltaic electrical system

· installation of electrical RV pedestals

· installation of underground concrete holding tanks

· construction of new host site pads, water tank pads, and parking spurs

· supplying and installing fire rings and picnic tables.

The work more specifically involves the following:

CUBA RANGER DISTRICT

A. Rio de Las Vacas Campground:

· Installation underground of a new 1,500 gallon holding tank including an audio and visual alarm.

· Construct a 12’ x 12’ pad for a 500 gallon Government furnished water tank at the host site. Location of pad shall be approved by C.O.R.

· Install a 120/240 volt, 200 amp pedestal suitable for an RV.

· Supply a trailer mounted photovoltaic electric system to the host site at Rio de Las Vacas Campground.

B. Clear Creek Campground:

· Remove and dispose of the existing underground 1,500 gallon holding tank at a state approved landfill.

· Install underground a new 1,500 gallon concrete holding tank including an audio and visual alarm.

· Construct a 12’ x 12’ pad for a 500 gallon Government furnished water tank at the host site. Location of pad shall be approved by C.O.R.

PECOS/LAS VEGAS RANGER DISTRICT

C. El Porvenir Campground:

· Install underground a new 1,500 gallon holding tank including an audio and visual alarm.

· Construct a 12’ x 12’ pad for a 500 gallon Government furnished water tank at the host site. Location of pad shall be approved by C.O.R.

· Convert camping spur # 9 into a new host site. Construct a new host site pad and parking spur.

· Furnish, deliver, and install one fire ring and one picnic table.

· Install a 120/240 volt, 200 amp pedestal suitable for an RV.

· Supply electric service to the El Porvenir Campground host site. This includes, but is not limited to the following: wire, poles, guys, pad mounted transformer and any additional items needed to provide electrical primary and service cable for 200 amps. See drawings.

· Trench and install secondary electrical service underground from the transformer to the Host Site pedestal. Estimated trenching distance is 160 linear feet.

D. EV Long Campground:

· Install underground a new 1,500 gallon holding tank including an audio and visual alarm.

· Construct a 12’ x 12’ pad for a 500 gallon Government furnished water tank at the host site. Location of pad shall be approved by C.O.R.

· Install a 120/240 volt, 200 amp pedestal suitable for an RV.

· Supply electric service to the EV Long Campground host site. This includes, but is not limited to the following: wire, poles, guys, pad mounted transformer and any additional items needed to provide electrical primary and service cable for 200 amps. See drawings. Note: existing primary electrical service is approximately 20 feet from location of the new host site.

· Trench and install secondary electrical service underground for approximately 20 linear feet to the host site pedestal.

· Construct a new host site which includes a new host site pad and parking spur.

· Furnish, deliver, and install one fire ring and one picnic table.

E. Holy Ghost Campground:

· Install underground a new 1,500 gallon holding tank including an audio and visual alarm.

· Construct a 12’ x 12’ pad for a 500 gallon Government furnished water tank at the host site. Location of pad shall be approved by C.O.R.

· Install a 120/240 volt, 200 amp pedestal suitable for an RV.

· Supply a trailer mounted photovoltaic electric system to the host site at Holy Ghost Campground.

1.2 PROJECT LOCATION

A & B. Rio Las Vacas Campground and Clear Creek Campground are located within one mile of each other. They may be reached by traveling from the Cuba Ranger District located at 04B County Road 11, Cuba, NM 87013. Turn South on County Road 11 for .10 mile. Take the first left on “Southern All Around” street. Travel until the road intersects Highway 126. Travel for 12 miles on Highway 126 for 12 miles to Clear Creek Campground. Keep traveling east for one more mile to Rio de Las Vacas campground.

C. El Porvenir Campground may be reached by traveling from the Las Vegas Ranger Station located at 1926 North 7th, Las Vegas, New Mexico 87701. Travel west on Highway 65 for approximately 13 miles. The road will then fork - stay to the right on Hwy 65 for 2.5 miles. El Porvenir is on the right side of the road.

D. EV Long Campground may be reached by traveling from the Las Vegas Ranger Station located at 1926 North 7th, Las Vegas, New Mexico 87701. Travel west on Highway 65 for approximately 13 miles. The road will then fork - stay to the left on Forest Service Road 263 for 2.5 miles. Turn left on Forest Service Road 156 and EV Long Campground is on the right

E. Holy Ghost Campground may be reached by traveling from the Supervisor’s Office located at 11 Forest Lane, Santa Fe, NM 87508 travel north on I-25. Exit 299 Pecos/Glorieta and turn left onto State Road 50 (less than a quarter mile). Take a a right at State Road 50 (where the road splits) and travel for about seven miles. At the junction of State Highway 50 and State Highway 63, take a left onto State Road 63. Travel for approximately 11 miles. Turn left before crossing a bridge over the Pecos River onto Forest Road 122. The single lane road deadends into the campground.

1.3 GENERAL SITE CONDITIONS AND WEATHER

A. The elevation of each site varies from 6,400 to 7,500 feet above sea level. The construction site experiences heavy snowfall and extremely cold temperatures, with snow on the ground typically from mid- October through May.

B. In-depth soil surveys have not been performed; however, rocks at the ground surface are evident throughout the area. The Contractor should expect to encounter such rock during excavation and grubbing operations.

C. In-depth water table surveys have not been performed; however, if water is encountered during excavation, the Contractor shall perform adequate dewatering to keep the excavation free from water and dispose of the water without damage to property.

1.4 USE OF PREMISE

A. Contractor shall at all times conduct his operations to ensure the least inconvenience to the public and employees. Campground closures will be permitted, when required, upon written approval of the Contracting Officer (CO).

B. Confine storage of materials to areas as approved by the CO. A storage site will be permitted at a designated site within the project area. The Forest Service assumes no liability for materials stored within the storage site. The Contractor will be allowed to erect a temporary fence to secure materials and equipment, however, the fence shall be removed and the site restored prior to final acceptance of the contract.

C. Contractor shall provide adequate signing and barricades and take necessary safety measures to protect the public during all construction operations. Contractor shall minimize disturbance of all undisturbed areas.

D. Forest Service Regulations for Use of Campground prohibits occupancy of developed recreation sites for other than primarily recreation purposes. One camp unit will be allowed at the project site for use by a watchman.

E. Electricity is available, however limited, at Clear Creek Campground. Electricity is not available at all other sites.

F. There is potable drinking water available through hand-pump wells at each of campgrounds. However, potable water may not be readily available at each of the campgrounds.

G. Restroom facilities are available at all sites for use during construction.

H. Existing Utilities: Notify CO and utility companies of proposed locations and times for excavation.Contractor shall be responsible for locating and preventing damage to known utilities. If damage occurs, repair utility at no additional expense to the Government. Interruption of Existing Utility Service: Notify CO, 48 hours in advance of any interruption of existing utilities.

1.6 CONSTRUCTION SEQUENCE

A. There is no specified construction sequence.

B. Depending on conditions, normal fire restrictions may apply to activities associated with this project.

C. The Contractor may have an option to develop water and/or power utilities in the early stages of construction so they may be used for the remainder of the construction project.

1.7 FIELD VERIFICATION

A. Field verify all new and existing dimensions affecting the work of this contract before ordering products.

1.8 PERMITS

A. Special permits for electrical work or any other permits required by County, State, or Federal laws or regulations shall be obtained by the Contractor.

B. NMED Permits for holding tank installation will be provided by the Forest Service.

C.5 APPLICABLE SPECIFICATIONS AND MATERIAL CERTIFICATIONS

A. Specifications not on the list but referenced by other Standard Specifications, shall also be applicable to this document.

B. All requirements contained on the Section J are hereby made a part of this solicitation and any resultant contract and are attached.

C. Product Substitution:

Any modification of other items, designs, materials, products or equipment (including Government-Furnished Property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

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

52.246-12 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 (s): 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 work ready for use not later than 180 Calendar Days_ after 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 ___5___ 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 workweek that will be approved is ___7 DAYS A WEEK______.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 Contract Administration

(a) CONTRACTING OFFICER means a person with the authority to enter into, administer and/or terminate contracts and make related determinations and findings. The Contracting Officer signs all contractual documents, approves and signs all modifications to contracts, processes and approves payment requests, reviews and makes final decisions on contractual discrepancies, and administers the contract. The Contracting Officer is the only authorized individual to make changes to a contract.

(b) CONTRACTING OFFICER’S REPRESENTATIVE. The Contracting Officer will designate a representative, hereinafter referred to as the Contracting Officer’s Representative (COR) or, alternatively, as the Engineer, who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the pre-work conference. The Contractor is cautioned to read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer. The term “Contracting Officer” as used throughout the contract shall be interpreted to include the Contracting Officer’s designated representative(s) acting within the limits of their delegation of authority.

(c) CONTRACTOR’S REPRESENTATIVE. Any representative of the Contractor shall be designated in writing. The designation shall clearly indicate the name and limitations of authority, if any, of the representative.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

Prework Conference

Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements.

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

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008)

52.232-27 Prompt Payment for Construction Contracts (OCT 2008)

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)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

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)

(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 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—

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

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

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

(End of clause) 52.219-3 – Notice of Total HUBZone Set-Aside.

As prescribed in 19.1308(a), insert the following clause:

Notice of Total HUBZone Set-Aside (Jan 1999)

(a) Definition. HUBZone small business concern, as used in this clause, means a small business concern that appears on the list of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

(b) General.

(1) Offers are solicited only from HUBZone small business concerns. Offers received from concerns that are not HUBZone small business concerns shall not be considered.

(2) Any award resulting from this solicitation will be made to a HUBZone small business concern.

(c) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for—

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other HUBZone small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other HUBZone small business concerns.

(d) A HUBZone joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (c) of this clause will be performed by the HUBZone small business participant or participants.

(e) A HUBZone small business concern nonmanufacturer agrees to furnish in a performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts.

(End of clause) 52.219-4 -- Notice of Price Evaluation Preference for HUBZone Small Business Concerns.

As prescribed in 19.1308(b), insert the following clause:

Notice of Price Evaluation for HUBZone Small Business Concerns (Jul 2005)

(a) Definition. HUBZone small business concern, as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

(b) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except—

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror’s base offer. These individual preference amounts shall be added together to arrive at the total evaluated price for that offer.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply if the offeror has waived the evaluation preference.

__ Offer elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other HUBZone small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other HUBZone small business concerns.

(e) A HUBZone joint venture agrees that in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the HUBZone small business participant or participants;

(f) A HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts.

(End of clause) 52.222-39 Notification Of Employee Rights Concerning Payment Of Union Dues Or Fees (Dec 2004)

(a) Definition. As used in this clause- "United States" means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all…