FA4877-09-R-0014 RFP.doc

Section B - Supplies or Services and Prices

Project A Water Wells Construct

FFP

Contractor shall furnish all labor, equipment, appliance, and materials and perform all operations necessary in accordance with (IAW) Statement of Work (SOW):

a. Construct new pump houses.

b. Install new Environmental control cabinet, at site 5.

c. Construct a new fence.

d. Install new security systems.

Work will be at Davis-Monthan AFB, AZ, in strict accordance with Project FBNV 090003A, subject to the terms and conditions of the contract documents.

CLINs 0001, 0002, 0005, and 0006 have a statutory limit of $750k. The sum of the awarded CLINs, from this group, can not exceed the statutory limit. Should the limit be exceeded, the proposal will be considered non responsive.

FOB: Destination

SIGNAL CODE: A

NET AMT

Design Project A Water Wells Construct

CLINs 0001, 0002, 0005, and 0006 have a statutory limit of $750k. The sum of the awarded CLINs, from this group, can not exceed the statutory limit. Should the limit be exceeded, the proposal will be considered non responsive. The amount of this CLIN can not exceed 6% of the total of CLINS 0001 and 0002.

NET AMT

Project B Water Wells Repair

Contractor shall furnish all labor, equipment, appliance, and materials and perform all operations necessary in accordance with (IAW) Statement of Work (SOW):

New Water Wells

a. Provide new wells near existing wells and cap the existing.

b. Provide water and electric monitoring.

c. Provide new and upgraded electrical service and equipment at various locations.

d. Replace Site 5 Water Tower.

e. Transfer existing security system equipment.

f. Provide the required cathodic protection as needed and directed by the SOW.

NET AMT

Design Project B Water Wells Repair

Design Project B Water Wells Repair. The amount of this CLIN can not exceed 6% of the total of CLINS 0003 and 0004.

NET AMT

Additive Item #1 A, Well #6 Construct

Contractor shall furnish all labor, equipment, appliance, and materials and perform all operations necessary in accordance with (IAW) Statement of Work (SOW):

a. Construct a new pump house.

b. Construct a new fence.

c. Install new security system.

Work will be at Davis-Monthan AFB, AZ, in strict accordance with Project FBNV 090003A, subject to the terms and conditions of the contract documents.

CLINs 0001, 0002, 0005, and 0006 have a statutory limit of $750k. The sum of the awarded CLINs, from this group, can not exceed the statutory limit. Should the limit be exceeded, the proposal will be considered non responsive.

NET AMT

Design Additive Item #1A Well# 6 Const

Design Additive Item #1A Well #6 Construct.

CLINs 0001, 0002, 0005, and 0006 have a statutory limit of $750k. The sum of the awarded CLINs, from this group, can not exceed the statutory limit. Should the limit be exceeded, the proposal will be considered non responsive. The amount of this CLIN can not exceed 6% of the total of CLINS 0005 and 0006.

NET AMT

Additive Item #1B, well #6 Repair

Additive Item #1 B, well #6 Repair

Contractor shall furnish all labor, equipment, appliance, and materials and perform all operations necessary in accordance with (IAW) Statement of Work (SOW):

New Water Well

a. Provide new well near existing well and cap the existing.

b. Provide water and electric monitoring.

c. Provide new and upgraded electrical service and equipment.

NET AMT

Design Additive Item #1B Well #6 Repair

Design for Additive Item #1B Well #6 Repair

The amount of this CLIN can not exceed 6% of the total of CLINS 0007 and 0008.

NET AMT

Additive Item #2 Fire Hydrants

Replace 40 fire hydrants at various locations around the base as directed by the SOW.

NET AMT

Design Additive Item #2 Fire Hydrants

Design Additive Item #2

The amount of this CLIN can not exceed 6% of the total of CLINS 0009 and 0010.

NET AMT

Additive Item #3 Isolation Valves

Additive Item #3 Isolation Valves

Replace 40 water isolation valves at various locations around the base as directed by the SOW.

NET AMT

Design for Additive Item #3 Rpl Valves

Additive Item #3 Isolation Valves

The amount of this CLIN can not exceed 6% of the total of CLINS 0011 and 0012.

NET AMT

Additive #4 Water Line 8”

Replace the 8” water line running along taxiway alpha with a new line as directed by the SOW.

NET AMT

Design Additive Item #4 Water Line 8"

The amount of this CLIN can not exceed 6% of the total of CLINS 0013 and 0014.

NET AMT

TOTAL NET AMOUNT

Total Amount

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

30-SEP-2010

CHRIS KRUSCHKE

5285 E MADERA ST

DMAFB AZ 85707

520-228-4976

F1P35C

30-SEP-2010

F1P35C

30-SEP-2010

F1P35C

30-SEP-2010

F1P35C

30-SEP-2010

F1P35C

30-SEP-2010

F1P35C

30-SEP-2010

F1P35C

30-SEP-2010

F1P35C

30-SEP-2010

F1P35C

30-SEP-2010

F1P35C

30-SEP-2010

F1P35C

30-SEP-2010

F1P35C

30-SEP-2010

F1P35C

30-SEP-2010

F1P35C

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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 $239.25, for the first day and $174.61 for each 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)

Section G - Contract Administration Data

CLAUSES INCORPORATED BY REFERENCE

IMPORTANT PAYMENT INFORMATION FOR CONSTRUCTION CONTRACTOR (CONSTRUCTION)

Reference FAR Clause 252.232-7003 “ELECTRONIC SUBMISSION OF PAYMENT REQUESTS.”

For questions concerning this Contract, contact the Contract Administrator Bryan Jackson at 520-228-5441.

The following information will be required to route your invoices correctly through Wide Area Workflow (WAWF). https://wawf.eb.mil/

TYPE OF INVOICE:

Contract Buyer/Administrator select one (1) of the following:

____ Invoice

(Creates Stand Alone Invoice)

____ Invoice and Receiving Report (Combo) (Creates two documents, an Invoice and a Receiving Report, within one data entry session

(combo). Creating both documents at the same time, rather than separately, is recommended.)

__X__ Construction Invoice

(Creates a Construction Payment Invoice from a contract for construction. Both an Inspector and a Contracting Officer must review and accept.)

Contract Buyer/Administrator select all items and complete Fill-ins in order for Contractor to submit proper invoice.

__X___ CAGE Code: __________

(Listed in Block 17a of the SF1449, Block 14 of the SF 1442, or Block 9 of the DD 1155)

Pay DODAAC* F67100

Contract Number*

Delivery Order*

Issue Date*

Issue DODAAC

Admin DODAAC Inspected By DODAAC/Ext.

FA4877

FA4877

N/A

Service Acceptor/Ext.*

Ship from Code LPO DODAAC/Ext.

NOTICE TO CONTRACTOR: WAWF will prompt asking for “additional e-mail submissions” after clicking “SIGNATURE”. The following E-Mail addresses MUST be input in order to prevent delays in processing:

Inspector:

Buyer/Administrator:

Contracting Officer:

Contract Number - Found in Block 4 of SF1442 Form

Issue Date - Found in Block 3 Solicitation Issue Date) of SF1442

Issue DODAAC - Found in Block 7 (Issued by) of SF1442. Contracting office that issued your contract - WAWF uses the CODE “FA4877” to route the document to the base.

Admin DODAAC - Found in Block 26 (Administered by) of SF1442. Contract office that issued your contract.

Inspected by DODAAC/Ext. – To be provided at the pre-construction conference.

Service Acceptor Code – To be provided at the pre-construction conference.

LPO DODAAC/Ext. - Not a required field for Air Force Contracts.

Pay DODAAC - Found in block 27 (Payment will be made by) of SF1442. Pay office code is used to route documents to the Defense Finance Accounting office responsible for payment to offered

You can easily access payment information using My Invoice system. For information on submitted invoices, go to https://myinvoice.csd.disa.mil/

END OF STATEMENT

Section H - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

ADDITIONAL BASE CONSTRUCTION REQUIREMENTS

A. DESIGNATION OF GOVERNMENT INSPECTOR

The Base Civil Engineer or his authorized representative is designated as the representative of the contracting officer for the purpose of technical surveillance of workmanship and inspection of materials for work being performed under this purchase order. This designation in no way authorizes anyone other than the contracting officer to commit the Government to changes in the terms of the purchase order.

B. MATERIAL APPROVAL SUBMITTAL FORM (AF Form 3000)

Within 10 calendar days after commencement of work or as otherwise established by the contracting officer, all material and articles requiring approval, as contemplated by the Materials and Workmanship Clause, shall be submitted by the contractor using AF Form 3000. (See attached AF Form 66, Schedule of Material Submittals.)

C. UTILITY SERVICES

The Contracting Officer has determined that Government operated utilities are adequate and will be furnished to the contractor without charge where existing outlets are available. Contractor is responsible for installing temporary service outlets. See clause entitled "Availability and Use of Utility Services".

D. HOURS OF WORK

Working hours for the Contractor will be the normal trade hours in this locale (7:00 a.m. to 4:00 p.m.) excluding Saturdays, Sundays, and Federal holidays. If the Contractor wishes to work during periods other than above, additional government inspection forces will be required. The Contractor must notify the Contracting Officer two working days in advance of his intention to work during other periods to allow assignment of additional inspection forces when the Contracting Officer determines that the additional inspection force is reasonably available. If such force is available, the Contracting Officer may authorize the Contractor during periods other than normal duty hours/days; however, if inspectors are required to perform in excess of their normal duty hours/days, the actual cost of overtime inspection may be charged to the Contractor if this overtime work is being performed for the convenience of the Contractor, and will be deducted from the final payment of the contract amount.

E. CONSTRUCTION PERMIT

Prior to beginning any excavation that may be required under this contract, the contractor shall obtain an AF Form 103, Base Civil Engineering Work Clearance Request. Fourteen working days are normally required for processing between the various activities that must coordinate on the request.

F. DISPOSAL OF WASTE MATERIAL

All waste generated under this contract shall be removed to a site off-base at no additional expense to the Government (see Item J. below).

G. NOTIFICATION OF START OF WORK

Prior to starting work at the job site on this installation, contractor shall report to the Project Inspector for this project. Failure to do so may cause unnecessary delays in performance of the contract. Contact the Contract Administrator for identification of the Project Inspector.

H. ORDER OF WORK

All work schedules will be coordinated between the Contracting Officer, Base Civil Engineers, and the Contractor prior to start of work.

I. WORK SCHEDULE

All work must be accomplished in such a manner that minimum inconvenience will be caused to the using agencies. Work schedules shall be submitted to the Contracting Officer and approved prior to start of work at the job site. Approved schedules will not be changed without prior Contracting Officer approval.

J. ENVIRONMENTAL IMPACT

All waste materials generated by any work under the contract performed on a government installation shall be handled, transported, stored, and disposed of by the contractor and by his subcontractors at any time in accordance with all applicable Federal, state, or local laws, ordinances, regulations, court orders, or other types of rules or rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978; the Federal Water Pollution Control Act, as amended (33 USC Sec 1251 ET SEQ); the Clean Air Act as amended (42 USC Sec 1857 ET SEQ); the Endangered Species Act, as amended (16 USC Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 USC Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 USC Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 USC 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 USC Sec 469, ET SEQ). Upon request by the Air Force, the contractor shall immediately provide proof of compliance with all environmental laws.

K. DAMAGE TO UTILITIES

(a) In the event of a contractor caused utility failure/disruption, the Contractor will first make the area safe, then immediately contact the Base Civil Engineer Service Call Desk and Contracting Officer.

(b) If the damaged utilities are previously known or shown to the contractor, or there is negligence on his part, the utilities will be repaired by the contractor in a timely manner at no cost to the government.

(c) If the damaged utilities are not known or shown to the contractor and there is not negligence on his part, they will be repaired at government expense.

L. CONSTRUCTION EQUIPMENT

Equipment to be used on base shall be safe and in good operating condition. The contracting officer reserves the right to inspect any on base equipment and reject such equipment if he considers it unsafe, in poor operating condition, or inappropriate for work.

M. CONTRACTOR RESPONSIBILITY

Contractors operating on base will be responsible for briefing and ensuring the employees adhere to the traffic rules and regulations. The foreman, job supervisor and other personnel providing workman leadership will, when possible insure the workers comply with these rules and regulations. Speed limit on base is 30 MPH unless otherwise posted. The speed limit in base housing areas are 15 MPH and the speed limit in parking lots are 5 MPH. Individuals are to obey all entry procedures. If instructions are given by the Security Police personnel on the entry points (gates), they will be complied with immediately. For your information, all base traffic rules are contained in AFI 31-204, Air Force Motor Vehicle Traffic Supervision.

N. CLEANING PRODUCTS

a. "Cleaning products," as used in this clause, means any preparation designed or used for removing water deposits, stains, grease, oil, paint, varnish, wax, or other dirt, or for cleansing skin, windows, walls, floors, bathroom fixtures, furnishings, sinks, kitchen utensils and fixtures, tools, machinery, equipment, or vehicles.

b. In order to comply with wastewater discharge standards imposed on Davis-Monthan AFB, AZ, by the Pima County Wastewater Management Department, the use on Davis-Monthan AFB, AZ, of cleaning products which contain in excess of 1 ppm phenols in its undiluted commercial strength is prohibited. The Base Bioenvironmental Engineer approves or disapproves the use of specific cleaning products based on the level of phenols contained therein as measured by EPA Test Method 420.1. Ammonia based cleaning products are approved for use on Davis-Monthan AFB, AZ.

c. The Contractor agrees:

(1) Not to use any cleaning product on Davis-Monthan AFB, Arizona, that has not been approved by the Contracting Officer. A list of currently approved general purpose cleaning products is available on request.

(2) To provide, at the Contractor's expense, to the Contracting Officer the results of EPA Test Method 420.1 for the presence of phenols in any cleaning product not previously approved which the Contractor desires to use on Davis-Monthan AFB, Arizona.

O. Climatology Information for Davis-Monthan AFB AZ

JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

ANN

1. TEMPERATURE (F)

EXTREME MAX

MEAN DAILY MAX

MEAN

MEAN DAILY MIN

EXTREME MIN

# DAYS GE 90

# DAYS LE 32

2. PRECIPITATION (INCHES)

MAXIMUM

4.9 3.7 2.8 1.8 1.6 1.6 6.7 4.9 4.4 5.8 2.1 5.8 23.3

MEAN

1.0 0.9 0.8 0.3 0.2 0.3 2.0 2.0 1.2 0.9 0.7 1.1 11.3

MINIMUM

0.1 0.2 5.7

MAX 24 HR

1.3 1.6 1.9 1.0 0.7 0.7 2.3 2.2 2.5 3.0 1.5 2.1 3.0

# DAYS GE TRACE

# DAYS GE 0.01

# DAYS GE 0.5

# DAYS GE 1.0

# = LT 0.5 DAY, OR 0.05 INCH

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-7 Anti-Kickback Procedures. (JUL 1995)

(a) Definitions.

"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.

"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

"Prime Contractor," as used in this clause, means a person who has entered into a prime contract with the United States.

"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.

"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

"Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.

"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from -

(1) Providing or attempting to provide or offering to provide any kickback;

(2) Soliciting, accepting, or attempting to accept any kickback; or

(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.

(c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.

(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of Justice.

(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.

(4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold, from sums owed a subcontractor under the prime contract, the amount of any kickback. The Contracting Officer may order the monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld.

(5) The Contractor agrees to incorporate the substance of this clause, including this subparagraph (c)(5) but excepting subparagraph (c)(1), in all subcontracts under this contract which exceed $100,000.

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)

CLAUSES INCORPORATED BY FULL TEXT

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)

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within ten (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 308 days after the Notice to Proceed for construction is issued. The time stated for completion shall include final cleanup of the premises.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.215-2 AUDIT AND RECORDS--NEGOTIATION (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) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor's plants, or parts of them, engaged in performing the contract. The obligations and rights specified in this paragraph shall extend to the use of, and charges for the use of, the facilities under this contract.

(c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor's records, including computations and projections, related to--

(1) The proposal for the contract, subcontract, or modification;

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

(3) Pricing of the contract, subcontract, or modification; or

(4) Performance of the contract, subcontract or modification.

(d) Comptroller General or Inspector General. (1) 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—

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

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

(2) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating (1) the effectiveness of the Contractor's policies and procedures to produce data compatible with the objectives of these reports and (2) the data reported.

(f) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), (c), (d), and (e) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition--

(1) If this contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and

(2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved.

(g) )(1) Except as provided in paragraph (g)(2) of this clause, the Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract. The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under the Government prime contract.

(2) The authority of the Inspector General under paragraph (d)(1)(ii) of this clause does not flow down to subcontracts.

The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under the Government prime contract.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

(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. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(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 date specified in the contract for exercising 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 that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause 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 certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 237110- assigned to contract number FA4877-09-R-0014.

(Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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 places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support…