SF1442.doc

Section A - Solicitation/Contract Form

SECTION

DESCRIPTION

PAGE

PART 1 – THE SCHEDULE

A

Solicitation/Contract Form

1-2

Table of Contents

B

Bid Schedule

E

Inspection and Acceptance

F

Deliveries/Performance

G

Contract Administration

H

Special Contract Requirements

8-16

PART II – CONTRACT CLAUSES

I

Contract Clauses

17-31

PART III – LIST OF ATTACHMENTS

J

List of Attachments

PART IV – REPRESENTATIONS AND CERTIFICATIONS

K

Representations, Certifications and

33-38

Other Statements of Offerors

L

Instructions, Conditions and Notices

39-42

To Offeror

M

Evaluation Factors for Award

Section B - Supplies or Services and Prices

CLAUSES AND PROVISIONS

CLAUSES AND PROVISIONS

(a) Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

(b) Clauses and provisions in this document will be numbered in sequence, but will not necessarily appear in consecutive order

(c) Sections K, L, and M will be physically removed from any resultant award, but section K will be deemed to be incorporated by reference in that award.

Repair E-WING AHU

FFP

Repair AHU in E-Wing, Project number SGBP 07-0064. The scope of this project consists of repair of STRATCOM E-Wing AHU's located at Offutt Air Force Base in accordance with Specifications dated 31 March 2009, and Drawings dated 31 March 2009.

FOB: Destination

PURCHASE REQUEST NUMBER: F3H3G29063A002

SIGNAL CODE: A

NET AMT

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

CRAIG HICKLE

106 PEACEKEEPER DR STE 2N3

OFFUTT AFB NE 68113-4019

294-7605

FOB: Destination F3H3G2

CLAUSES INCORPORATED BY REFERENCE

Section G - Contract Administration Data

SEE SECTION H FOR CONTRACT ADMINISTRATION DATA

Section H - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

LOCAL REQUIREMENTS

14 Feb 08

A. INVOICE SUBMISSION AND PAYMENT

INV-B INVOICE SUBMITTAL

Contractors can register and begin submitting electronic invoices immediately through the Wide Area Workflow Receiving and acceptance Internet site: https://wawf.eb.mil/. On-line training is available at this Internet site to vendor and government receiving officials. Contractors using Wide Area Work Flow, use the Construction Invoice Per DFARS 252.232-7003, (b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests using one of the following electronic forms:

(1) Wide Area WorkFlow-Receipt and Acceptance (WAWF-RA). Information regarding WAWF-RA is available on the Internet at https://wawf.eb.mil.

(2) Web Invoicing System (WInS). Information regarding WInS is available on the Internet at https://ecweb.dfas.mil.

(3) American National Standards Institute (ANSI) X.12 electronic data interchange (EDI) formats. Information regarding EDI formats is available on the Internet at http://www.X12.org.

(4) Another electronic form authorized by the Contracting Officer.

(5) If the Contractor is unable to submit a payment request in electronic form, or DoD is unable to receive a payment request in electronic form, the Contractor shall submit the payment request using a method mutually agreed to by the Contractor, the Contracting Officer, the contract administration office, and the payment office.

(6) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

A COPY of the invoice (to be used for verification and receipt) shall be submitted to:

55 CES/CEC

ATTN: (NAME OF INSPECTOR/RECEIVER)

106 PEACEKEEPER, SUITE 2N3

OFFUTT AFB NE 68113

ELECTRONIC SUBMISSION OF INVOICES AND RECEIVING REPORTS IS MANDATORY in accordance with DFARS 252.232-7003

(1) ELECTRONIC SUBMISSION VIA WIDE AREA WORKFLOW (WAWF): Contractors must register and begin submitting electronic invoices immediately through the Wide Area Workflow Receipt and Acceptance Internet site: https://wawf.eb.mil. On-line training is available at http://www.wawftraining.com Use the following data elements to invoice for construction, services, or supplies procured via this contract. The award document number is located in the lower right-hand corner.

Invoice Type: Invoice and Receiving Report:

Construction = Construction

Located in Block

Contractor MUST Send Additional Email Notification To:

Contract Administrator: theresa.hess@offutt.af.mil

Contracting Officer: donald.simons@offutt.af.mil

CE POC: TBD

(2) PAYMENT WILL BE MADE BY:

Defense Finance and Accounting Service

DFAS-FVB/LI

27 Arkansas Road

Limestone, ME 04751-1500

Contact DFAS-FVB/LI to check payment status at (800) 390-5620 or (207) 328-5620 or via website www.dfas.mil: (Commercial Pay, then Vendor Pay Inquiry System (VPIS), then Non-MOCAS System: then Query by Contract Number, EFT Trace Number, DUNS Number or Cage Code)

B. CHANGES TO THIS CONTRACT / PURCHASE ORDER / DELIVERY ORDER

The Contracting Officer (CO) is the only person authorized to approve changes or modify any of the requirements under this contract and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CO. In the event the Contractor effects any such change at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

Contractual problems, of any nature, which might occur during the life of the contract must be handled in conformance with public laws and regulations and must be referred to the CO for resolution. Only the CO is authorized to formally resolve such problems. Therefore, the Contractor is hereby directed to bring all such contractual problems to the immediate attention of the CO. Any request for contract changes/modification shall be submitted to the CO.

C. CCR REGISTRATION

Invoice payment cannot be made if a contractor's Central Contractor Registration (CCR) is inactive. Invoices received from a contractor who fails to maintain active CCR registration are considered to be improper and may be returned. The contractor is responsible to maintain active CCR registration until final payment has been made. CCR registration must be updated and renewed annually. http://www.ccr.gov

D. DELIVERY / BASE ACCESS REQUIREMENTS

Delivery personnel must use the SAC Gate off of Capehart road south of the Bellevue, Nebraska , Highway 370 exit. Report to the Visitor's Center and call for escort (if needed) to the final destination:

POC:

__TBD______________

(402)________________

(402)________________

Delivery vehicles are subject to search by Security Forces personnel. All tools, including assembly tools, must be secured within a toolbox in the trailer of the vehicle and should not be transported on base in the cab of the vehicle. All personnel accessing Offutt Air Force Base will be held to safety/security rules of engagement when entering and while on base. These rules include a ban on weapons to include firearms, loaded or otherwise, and the transport of any explosive material.

E. NATIONAL CRIME INFORMATION CENTER (NCIC) BACKGROUND CHECK

1. In addition to the requirements identified in FAR 52.204-9 - Personal Identity Verification of Contractor Personnel and AFFARS 5352.242-9000 - Contractor access to Air Force installations, all contract employees require a positive NCIC background check prior to being granted access to Offutt AFB in accordance with the installation security policy. To expedite this requirement, the contractor shall complete NCIC Data Memo for every employee proposed to perform work under this contract requiring physical access to Offutt AFB. All completed forms will be forwarded to the following POC no later than 3 business days prior to the contract start date:

55 SFS/S5A

Mr. William J. Mercier

198 Butler Blvd.

Offutt AFB, NE 68113

Phone: (402) 294-5252

Email: William.Mercier@offutt.af.mil

A memorandum shall be prepared for each follow-on/replacement employee who is not provided with the initial group of employee data. Each shall be provided no later than 3 business days prior to the proposed individuals start date.

2. If an individual is denied a base pass/access to the installation, the contractor is not prohibited from hiring that individual for work on this contract as long as the work entailed does not require the individual to have physical access to Offutt AFB or any of its facilities. Employees who refuse to complete the form will be denied access to the installation.

3. All illegal aliens are considered unauthorized individuals and will be barred from the base. Illegal aliens attempting entry or found on the installation (if incorrectly issued a pass) will be processed as an unauthorized individual and removed from the installation. In addition to notifying the contractor of the illegal alien, the Offutt AFB Security Forces will notify AF Office of Special Investigations, local police and the US Immigration and Customs Enforcement office. Contractors are prohibited from hiring illegal aliens for work on a Government contract and the other Government agencies contacted upon discovery of the illegal may seek corrective and/or punitive actions pursuant to law against the hiring organization if violations occur.

4. The below list, which is be verified very 30 days during contract performance, identifies reasons why an individual, if they are identified during the NCIC check, would be denied access to Offutt AFB:

Disqualifiers that would deny contract employee’s entry/access to the installation or its facilities:

- U.S. Citizenship, immigration status, or Social Security Account Number cannot be verified.

- Wanted by federal or civil law enforcement authorities, regardless of offense or violation.

- Conviction of firearms or explosives violation within the past three years.

- Incarcerated for 12 months or longer within the past three years, regardless of offense or violation.

- Conviction of espionage, sabotage, treason or terrorism, murder, sexual assault, armed assault/robbery, rape, child molestation, drug possession with intent to sell, or drug distribution.

- Name appears on any federal agency’s “watch list” or “hit list” for criminal behavior or terrorist activity.

- Any other criminal activity identified on the NCIC check that the Wing Commander determines to be so serious as to pose a possible threat to the safety and security of base personnel and facilities.

5. A 100% Base Pass check is required for all contractors (even if a passenger in an authorized vehicle) and contract vehicles entering the installation. Contractors are not authorized to bring guests or other contract employees onto the installation unless those individuals are personally in possession of a base pass or Government Identification card.

F. MOTOR VEHICLE OPERATION ON BASE

1. Contractor personnel are advised that seat belt usage is mandatory at all times on Offutt AFB. Nebraska state law requires the use of restraints in a vehicle. Air Force Instruction 31.204, Air Force Motor Traffic Supervision, prescribes that installation commanders must ensure drivers comply with state and local traffic laws both on and off base. Accordingly, while on Offutt AFB, operators and passengers must wear restraints and may be ticketed by Offutt security personnel for failure to comply. Repeated offenses on Offutt AFB will result in the loss of on-base driving privileges and could have an adverse affect on you ability to perform your contract.

2. Contractor personnel are advised that Vehicle operators on a DoD installation and operators of Government owned vehicles will not use cell phones unless the vehicle is safely parked or unless they are using a hands-free device. The wearing of any other portable headphones, earphones, or other listening devices (except for hands-free cellular phones) while operating a motor vehicle is prohibited (DoD Joint Motor Vehicle Traffic Supervision Regulation, paragraph 4-2). Using a cell phone while driving, without a hands free device will be considered a "primary offense", meaning that violators will be able to be stopped and ticketed solely for this offense. Repeated offenses on Offutt AFB will result in the loss of on-base driving privileges and could have an adverse affect on you ability to perform your contract.

G. WORK SCHEDULE

Working hours for the contractor will normally be between the hours of 8:00 A.M. and 5:00 P.M., excluding Saturdays, Sundays, and Federal holidays (unless otherwise specified). If the contractor desires to work during periods other than above, additional Government inspection forces may be required. The contractor must notify the Contracting Officer (CO) three days in advance of this intention to work during other periods. This allows assignment of additional inspection forces when the CO determines that they are reasonably available. If such force is reasonably available, the CO may authorize the contractor to perform in excess of their normal duty hours/days solely for the benefit of the contractor, the actual cost of the inspection at overtime rates will be charged to the contractor. These adjustments to the contract price may be made periodically as directed by the CO.

LEGAL HOLIDAYS OBSERVED AT MILITARY INSTALLATIONS

* New Years Day

1 January

Martin Luther King’s Birthday

Third Monday in January

President’s Day

Third Monday in February

Memorial Day

Last Monday in May

*Independence Day

4 July

Labor Day

First Monday in September

Columbus Day

Second Monday in October

*Veterans Day

11 November

Thanksgiving Day

Fourth Thursday in November

*Christmas Day

25 December

*The above marked Federal holidays which fall on Saturday or Sunday will be observed either on Friday or Monday.

WINTER EXCLUSION

N/A

H. PROGRESS SCHEDULE

(1) The Contractor shall submit a completed AF Form 3064 within ten days after effective date of the Notice to Proceed.

(2) The Contractor shall submit a completed revised AF Form 3064 within ten days after effective date of a modification if required or if requested by the Contracting Officer.

(3) Progress payments shall not be made unless an approved AF Form 3064 is on file.

(4) Should the contractor fail to submit a completed AF Form 3064, as stated in para. (1) & (2), the Contracting Officer may, at his/her option, suspend work at no cost to the Government, until a satisfactory AF Form 3064 is submitted

I. ADMINISTRATIVE AUTHORITY

(1) Following award, this contract will be administered by the 55th Contracting Squadron. The following address and telephone number of the Contracting Officer are as follows:

55th Contracting Squadron/LGCA

101 Washington Square, Bldg 40

Offutt AFB NE 68113-2107

Contracting Officer: Donald E. Simons

Telephone Number: 402-294-4430

Contract Administrator: Theresa M. Hess

Telephone Number: 402-232-5993

Fax Number: 402-294-7280

(2) All correspondence concerning this contract, such as requests for information, explanation of terms, and contract interpretations, shall be submitted to the CO.

J. REQUIRED INSURANCE (IAW FAR 28-306(b))

Reference FAR clause entitled "Insurance . . . “ the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

(1) Workmen's Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such State will be satisfactory. The required Workmen's Compensation insurance shall extend to cover employer's liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.

(2) General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

(3) Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

K. MATERIAL PAYMENTS

(1) Payments may be made for major high-value materials, in advance of installation.

(2) Payment for materials stored off-site will not be made unless sound procedures (such as a bonded warehouse) are established for their accountability and control, subject to the same procedures outlined in 3(c) below.

(3) Payment for major high-value materials stored on Offutt AFB may be made subject to the following:

(a) To be eligible for payment in advance of installation, materials must be shown as a percentage of the work and submitted for approval. In order to properly evaluate this item, a complete breakdown by quantity, item description, and cost for each major, high-value item must be furnished. Once approved, no changes will be allowed to include additional materials for payment.

(b) A joint inventory and inspection of such items approved for payment must be made by the contractor and the contract administrator of the Contracting Office to ensure that the quantities are valid, the items are as described, and sufficient security measures have been taken to prevent damage or theft.

(c) Although materials paid for become the property of the Government, the contractor remains responsible for all materials delivered and work performed until completion and acceptance of the construction work. Responsibility for safeguarding material until final inspection and inspection rests with the contractor.

(d) The contractor must prove he has title to the materials (i.e., paid invoices) and will use them to perform the contract.

(e) When requesting payment for approved materials, the contractor must provide a certificate, substantially as shown below, in addition to submitting supplier's paid invoice.

(1) (Contractor’s Name) hereby transfers and assigns to Offutt AFB all its rights, titles, and interest of every kind and character in and to all of the goods described in the attached request for payment. Those who have furnished materials or supplied such goods to us have executed a waiver of claim and lien, a copy of which is attached

(2) (Contractor’s Name) acknowledges that, despite transfer of title, until such goods have been delivered to the job site, incorporated into the work, inspected and accepted, shall (Contractor’s Name) remain responsible for:

a. Cost and expenses of storage, as applicable;

b. Insurance premiums;

c. Deterioration of such goods.

d. Loss or mysterious disappearance of such goods; and

e. Such portion of goods not in accordance with the contract requirements.

(3) (Contractor’s Name) hereby acknowledges that it has no interest in such goods by virtue of retained possession, and states that it keeps such goods for Offutt AFB and disclaims any claims against such goods for storage cost, for unpaid contract retainage, or for any other reason.

(4) The Contracting Officer will have the final decision on which materials are major, high-value materials.

L. BONDS

(1) Performance and Payment Bonds. Within ten days after award, the contractor shall furnish two bonds executed on the required forms, each with good and sufficient surety or sureties acceptable to the Government; namely a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25A). The penal sums of such bonds shall be as follows (performance bonds are not required for contracts of $100,000 or less):

(a) Performance Bond: The penal amount of performance bonds must equal—

(1) 100 percent of the original contract price; and

(2) If the contract price increases, an additional amount equal to 100 percent of the increase.

(b) Payment Bond: The amount of the payment bond must equal—

(1) 100 percent of the original contract price; and

(2) If the contract price increases, and additional amount equal to 100 percent of the increase.

(3) The amount of the payment bond must be no less than the amount of the performance bond.

(4) Any bonds required will be furnished by the Contractor to the Government prior to commencement of contract performance.

NOTE: Per FAR 28.202, Corporate sureties offered for bonds furnished with contracts performed in the United States or its outlying areas must appear on the list contained in the Department of Treasury Circular 570. The sureties list can be found at: http://www.fms.treas.gov/c570/c570.html#certified

M. ENVIRONMENTAL COMPLIANCE

In addition to the FAR and DFARS clauses included in this contract,

(1) Contractor warrants that it is familiar with all local, county, state and Federal environmental regulations.

(2) Contractor agrees to perform all required training and notifications concerning hazardous waste or materials related to contractor's activities and maintain an on-site listing of employees so trained.

(3) Contractor agrees to properly manage all hazardous waste and materials related to contractor's activities.

(4) Contractor agrees that it shall reimburse the Government for any penalties assessed against the Government by any Environmental Regulatory Agency for environmental violations related to Contractor activities.

(5) Contractor agrees to include this provision in each subcontract.

N. ANTI-TERRORISM INFORMATION AND CONSIDERATIONS

1. Base Entry: All contractor vehicles will enter through the SAC Gate and have a proper vehicle search conducted. Exceptions to this policy will be coordinated through the contracting officer and appropriate security forces personnel.

2. Areas Off Limits: The following areas are off limits unless given specific permission, an escort, or work is to be performed in the area listed. Restricted areas, flight line area, General’s row, dormitories (Bldgs 324, 326, 365, 367, 400 and 402), Bldg 500 complex, and gymnasiums (Offutt Field House and Frady Fitness Center). Travel to and from the worksite will be made by the most direct route possible.

3. Force Protection Conditions (FPCONS): FPCONS describe the progressive level of countermeasures in response to a terrorist threat to US military facilities and personnel. Force Protection Condition measures are used to deter terrorist attacks on DoD facilities and personnel by:

(1) Varying routines.

(2) Being sensitive to changes in the security atmosphere around DoD facilities and personnel.

The five FPCONS are defined as the following:

(1) Normal: This condition applies when a general global threat of possible terrorist activity exists and warrants a routine security posture

(2) Alpha: This condition applies when a general threat of possible terrorist activity against personnel and facilities, the nature and extent of which are unpredictable.

(3) Bravo: This condition applies when an increased and more predictable threat of terrorist activity exists.

(4) Charlie: This condition applies when an incident occurs or intelligence is received indicating some form of terrorist action or targeting against personnel or facilities is likely.

(5) Delta: This condition applies in the immediate area where a terrorist attack has occurred or when intelligence has been received that terrorist action against a specific location or person is imminent.

Contractors may be asked to leave the base or not be allowed to enter the base when in elevated FPCONs.

For further information concerning FPCONs, contact the contracting administrator or contracting officer for additional guidance.

4. Contractors identified as mission essential, have been briefed on additional duties and responsibilities associated with increased FPCONs.

5. Suspicious Activities/Stolen Equipment: Please report any suspicious activity or stolen equipment to the Law Enforcement Desk at 294-6110.

6. Searches/Spot Checks: During increased Random Force Protection Measures (RAMs) contractors and their equipment are subject to search via RAMs at any time. Spot checks may also be conducted due to RAMs.

7. Identification: Contractor personnel must keep base issued identification on their person while working on base.

O. SALES TAX

Offutt Air Force Base is exempt from paying state and local taxes on purchases that it makes per the United States Constitution.

Nebraska Revised Statutes, Sec. 77-2704.02 and Nebraska Sales and Use Tax Regulations 1-12 and 1-72 implement this policy and are applicable to this purchase. The Nebraska Form 13, Nebraska Resale or Exempt Sale Certificate, is applicable to exempt taxes for contracts for services and commodities and labor on construction projects. 55 CONS can not provide signed Nebraska Forms 17, Purchasing Agent Appointment and Delegation of Authority for Sales and Use Tax, to exempt State taxes for construction contract materials. Therefore, for construction only, per FAR 52.229-3 or 52.229-4, applicable Nebraska State tax costs for materials should be included in the bid/proposal submitted by the offeror/contractor.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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.

(End of clause)

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—

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

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

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

(End of clause)

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 300 calendar days The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $162.36 for the first day and $120.95 for each subsequent calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.214-26 Audit and Records--Sealed Bidding. (MAR 2009) ALTERNATE I (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) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with the pricing of any modification to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor's records, including computations and projections, related to--

(1) The proposal for the modification;

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

(3) Pricing of the modification; or

(4) Performance of the modification.

(c) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials, shall have access to and the right to—

(1) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract or a subcontract hereunder; and

(2) Interview any officer or employee regarding such transactions.

(d) Availability. The Contractor shall make available at its office at all reasonable times the materials described in reproduction, until 3 years after final payment under this contract, or for any other period specified in Subpart 4.7 of the Federal Acquisition Regulation (FAR). FAR Subpart 4.7, Contractor Records Retention, in effect on the data of this contract, is incorporated by reference in its entirety and made a part of this contract.

(1) 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.

(2) Records pertaining to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to the performance of this contract shall be made available until disposition of such appeals, litigation, or claims.

(e) )(1) Except as provided in paragraph (e)(2), the Contractor shall insert a clause containing the provisions of this clause, including this paragraph (e), in all subcontracts.

(2) The authority of the Inspector General under paragraph (c)(2) of this clause does not flow down to subcontracts.

(End of clause)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUNE 2007)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and…