AG-9702-S-10-0369 GRCC Facilities Repairs.docx

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-9702-S-10-0369

2. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|X| NEGOTIATED (RFP)

3. DATE ISSUED

04/23/10

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

344352

6. PROJECT NO.

CIM-05-03F

USDA, Forest Service EROC Southwest 1323 Club Drive Vallejo, CA 94592

Shannon Pozas/Bruce Smith B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 530-934-1178/530-934-1185

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):

GRCC Facilities, Mendocino National Forest

This project includes the design and construction of facility modifications and maintenance to three buildings.

Price Range The Government's estimate is between $100,000 and $250,000.

This solicitation and any resulting contract will utilize funds provided by the American Recovery and Reinvestment Act (ARRA) of 2009. Inclusion of unique clauses and provisions required in implementing the Act, including those for significant reporting and transparency, will be required of the successful offeror(s).

11. The Contractor shall begin performance within 10 calendar days and complete it within 180 calendar days after receiving |_| award, |_| notice to proceed. This performance period is |_| mandatory, |_| negotiable. (See Section F clause 52.211-10)

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

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

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

15. TELEPHONE NO. (Include area code)

Duns No. _________ TIN No._________________

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

CODE FACILITY CODE

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 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

EROC Southwest 1323 Club Drive Vallejo, CA 94592

USDA, National Finance Center P.O. Box 60000 New Orleans, LA 70160-0001

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

TABLE OF CONTENTS

PART I – THE SCHEDULE

· SECTION B – Supplies or Services and Prices/Costs

· SECTION C – Descriptions/Specifications/Statement of Work

· SECTION E – Inspection and Acceptance

· SECTION F – Description and Performance

· SECTION G – Contract Administration Data

· SECTION H – Special Contract Requirements

PART II – CONTRACT CLAUSES

· SECTION I – Contract Clauses

PART III – LIST OF DOCUMENTS,EXIBITS AND OTHER ATTACHMENTS

· SECTION J – Exhibits, Attachments, and Appendices

PART IV – REPRESENTATIONS AND INSTRUCTIONS

· SECTION K – Representations, Certifications and Other Statements of Offerors or Respondents

· SECTION L – Solicitation Provisions

· SECTION M – Evaluation Factors for Award

PART--THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES

GRCC Facilities Repairs Grindstone Ranger District Mendocino National Forest Butte County

B- 1 - SCHEDULE OF ITEMS

BASE BID:

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

Design development and preparation of working drawings and specifications for the Headhouse remodel.

Lump Sum

Design development and preparation of working drawings and specifications for the Main Office remodel.

Construction of Headhouse remodel, excluding replacement of the sidng.

Lump Sum

Construction of Main Office remodel

TOTAL:_________________

BID Option 1

BASE BID:

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

Replacement of the siding on the Headhouse

Lump Sum

TOTAL:_________________

BID Option 2

BASE BID:

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

In lieu of replacing all of the siding on the Headhouse only replace the damaged sections, (approximately 15% of the siding) on the Headhouse building to match existing siding.

Lump Sum

BID Option 2

BASE BID:

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

Design development and preparation of working drawings and specifications for the injector building re-roofing.

Lump Sum

Installation of injector building roof

TOTAL:_________________

Note 1: The bidder shall bid on all items. Round all prices to the nearest cent.

Note 2: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization.

Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

SECTION C--DESCRIPTION/SPECIFICATIONS

This template is designed to simplify the task of developing a scope of services for Pre Design and Schematic Design Documents. To use the template, just fill in the shaded boxes according to the instructions in the status bar (lower left corner of the screen). Use arrows to move from one box to the next.

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Turn off the display of this text by clicking the Show All button ()on the standard toolbar before you print.

1. PROJECT BACKGROUND

The Mendocino National Forest’s Genetic Resource and Conservation Center in Chico, CA. has three buildings needing modifications and/or repairs. The Headhouse and the Injector buildings were constructed in 1981. The Main office was constructed in 1911. The Injector building needs to have the roof replaced. Both the Headhouse and Main office, do not meet Americans with Disabilities Act (ADA) requirements. The Headhouse needs new siding and Main office needs to have the foundation stabilized.

2. PROJECT DESCRIPTION

The work includes the design and construction of facility modifications and the performance of identified heavy maintenance. More specifically, the work includes identifying any building code deficiencies on the Headhouse and Main office buildings, modifications to the Headhouse and Main Office for building code compliance and ADA compliance, replacement or repair of the siding on the Headhouse, stabilization of the foundation of the Main Office, and replacing the roof on the injector building. The design work includes all labor, equipment, supplies and incidentals necessary to provide; pre-design services, schematic design, final design development and construction documents. The construction work includes all labor, equipment, materials and incidentals necessary to make building code compliance and ADA modifications to the Headhouse and Main Office buildings, stabilize the foundation of the Main Office, re-roof the injector building, and perform any other identified heavy maintenance.

This project will provide updated facilities that meet American with Disabilities Act requirements comply with the building code as well as address other maintenance and repair items.

All work under this contract shall comply with applicable laws, regulations and Forest Service policies and guidelines.

3. QUALITY CONTROL

In accordance with the FAR Sections 36.609-2(b) and 52.236-23 the Contractor is responsible for Quality Control, which includes ensuring the technical accuracy, completeness, and correctness of the design, cost estimate and all architectural and engineering aspects and details, including coordination of all disciplines with each other and with the specifications. The Contractor shall accomplish a Quality Control Review and shall make corrections prior to each submittal to the government.

4. GENERAL DESIGN SERVICES

1. Services shall be performed in accordance with all applicable codes, accepted industry standards and under the direct supervision of a professional architect or engineer licensed in the State of California.

2. The Contractor shall be responsible for preparing the design within the available funding for construction. Available construction funding for this project is not-to-exceed $215,000.00.

3. The Contractor’s price proposal for this contract shall be prepared in an Excel spreadsheet showing phases of design, disciplines performing work, hours of work, hourly rates and total.

4. Government-Furnished Items are various drawings of the existing buildings and are available by request (contact Shannon Pozas at 530-934-1178):

1. Genetic Resource Center site plan with electrical system details.

2. Complete set of drawings of the Headhouse building,

3. Elevations and roof framing plan of the Injector Building.

4. Various drawings of the original and modified Main Office;

· Original floor plan

· Modified floor plan

· Basement floor

· Elevations

· Roofing plan

· 1932 drawing of the Main office foundation, elevations, and basement

· Electrical system

· HVAC

5. DESIGN IMPERATIVES

Utilize the following Design Imperatives throughout all stages of the design process:

· Compliance with the current building codes.

· Compliance with Accessibility Design Requirements.

· Quality Control.

· Scope and Budget Consistency Reviews.

· Sustainable design practices.

· Value-based decision-making methodology.

6. PREDESIGN SERVICES

1. Complete a building code compliance analysis.

A building code compliance analysis shall be completed. A spreadsheet showing all items non-compliant with applicable codes and associated cost shall be provided to the government.

7. SCHEMATIC DESIGN SERVICES

1. Fully Develop Schematic Design Alternatives

Develop 2 Schematic Design Alternatives that meet all project requirements and confirm the project cost is within available funds.

Fully develop the Schematic Design Preferred Alternative such that it is adequate enough to prepare the Preliminary Construction Cost Estimate.

2. Prepare Preliminary Construction Cost Estimate

Prepare the Preliminary Construction Cost Estimate based on the Fully Developed Schematic Design Preferred Alternative. Confirm that the project cost is within available funds.

3. Submit the Fully Developed Schematic Design Preferred Alternative

1. Submit 100 percent Draft Schematic Design Documents for Review. Submit 3 copies of the following 100 percent Draft Schematic Design Documents for review of:

· Modifications to the Headhouse building

· Modifications to the Main office building

· Injector building roof replacement

2. Resolve 100 percent Draft Schematic Design Review Comments

Resolve all review comments and incorporate resolutions into the Final Schematic Design Documents. Submit the Final Schematic Design Documents and written responses to review comments.

9. CONSTRUCTION DOCUMENTS

1. Prepare 70 percent Draft Construction Documents or review.

Based on the Schematic Design Preferred Alternative and FS comments, prepare the following:

Construction Drawings Construction Specifications Contract Schedule of Values and Construction Schedule Final Product File Final Material List

2. Prepare Construction Cost Estimate based on 70 percent Draft Construction Documents

Prepare the Final Construction Cost Estimate based on the 70 percent Draft Construction Documents. Confirm the project cost is within available funds.

3. Prepare 100 percent Final Construction Documents for review

Based on the 70 percent Draft Construction Documents and FS comments, prepare the following:

Final Construction Drawings Final Construction Specifications Final Contract Schedule of Values and Construction Schedule Final Product File Final Material List

4. Prepare Final Construction Cost Estimate

Prepare the Final Construction Cost Estimate based on the completed 100 percent Draft Construction Documents. Confirm that the project cost is within available funds

3. Prepare List of Required Submittals

Prepare the list of required construction submittals.

4. Prepare Summary List of Operation and Maintenance (O&M) Requirements

Prepare the summary list of product data and O&M requirements as identified in individual construction specification sections.

10. CONSTRUCTION DOCUMENTS DELIVERABLES

1. Submit 100 percent Draft Construction Documents. Submit 3 paper copies of the following documents for review:

· Construction Drawings

· Specifications

· Construction Schedule

· List of Submittals

· List of Operation and Maintenance (O&M) Requirements

· Design Calculations

· Final Estimate

2. Submit one electronic copy of the 100 percent Draft Construction Drawings.

3. Submit 100 percent Complete Construction Documents for Final Approval.

1. Resolve all review comments and incorporate resolutions into the documents listed above.

2. Submit four paper copies of the 100 percent Complete Construction Documents listed above, including responses to FS review comments within 30 calendar days of receipt of comments for final approval.

3. Submit one electronic copy of the 100 percent Complete Construction Drawings for final approval.

IV. SCHEDULE

Work shall be completed such that construction is completed no later than December 31, 2010.

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/ and the Agriculture Acquisition Regulations may be accessed at www.usda.gov/da/procure/agar/subchaph.html#11.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

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/ and the Agriculture Acquisition Regulations may be accessed at www.usda.gov/da/procure/agar/subchaph.html#11.

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 from the Start Date annotated on the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

SECTION G – CONTRACT ADMINISTRATION DATA

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

52.236-4 Physical Data (APR 1984)

Except as is specifically noted below or as shown on the drawings, no physical data is available from the Government.

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by data survey.

(End of Clause)

52.236-14 Availability and Use of Utility Services (APR 1984) The on-site contractor will have availability to water and electric utilities.

(End of Clause)

52.236-22 -- Design Within Funding Limitations (Apr 1984)

(a) The Contractor shall accomplish the design services required under this contract so as to permit the award of a contract, using standard Federal Acquisition Regulation procedures for the construction of the facilities designed at a price that does not exceed the estimated construction contract price as set forth in paragraph (c) below. When bids or proposals for the construction contract are received that exceed the estimated price, the contractor shall perform such redesign and other services as are necessary to permit contract award within the funding limitation. These additional services shall be performed at no increase in the price of this contract. However, the Contractor shall not be required to perform such additional services at no cost to the Government if the unfavorable bids or proposals are the result of conditions beyond its reasonable control.

(b) The Contractor will promptly advise the Contracting Officer if it finds that the project being designed will exceed or is likely to exceed the funding limitations and it is unable to design a usable facility within these limitations. Upon receipt of such information, the Contracting Officer will review the Contractor’s revised estimate of construction cost. The Government may, if it determines that the estimated construction contract price set forth in this contract is so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in scope or materials as required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth in paragraph (c) below, or the Government may adjust such estimated construction contract price. When bids or proposals are not solicited or are unreasonably delayed, the Government shall prepare an estimate of constructing the design submitted and such estimate shall be used in lieu of bids or proposals to determine compliance with the funding limitation.

(c) The estimated construction contract price for the project described in this contract is $ Amount shall be determined in the pending Phase II solicitation.

(End of Clause)

452.215-73 Post Award Conference (NOV 1996)

A Post Award conference with the successful offeror is required. It will be scheduled and held within 10 calendar days after the date of contract award.

(End of Clause)

452.237-75 Restrictions Against Disclosure (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

(End of Clause)

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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/ and the Agriculture Acquisition Regulations may be accessed at www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

FAR 52.203-15 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.

FAR 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 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.

(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; and (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.

FAR 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 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.

52.215-2 - Audit and Records – Negotiation with Alternate 1 (Mar 2009)

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

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