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U.S. ARMY ENGINEER DISTRICT, AK

CEPOA-CT (W911KB)

PO BOX 6898

ELMENDORF AFB AK 99506-0898

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

Net 30 Days

W911KB

(No Collect Calls)

$14M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

CODE

SEE ITEM 9

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

29-Dec-2009

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

MARSHALL'S ELECTRIC, INC

3621 E 66TH AVE

ANCHORAGE AK 99507-2321

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

3CQS3

TEL. 907-349-3516

W911KB

SIZE STD:

9. ISSUED BY

3CQS3

FACILITY

CODE

17a.CONTRACTOR/

U.S. ARMY ENGINEER DISTRICT, ALASKA

ATTN: CEPOA-EN-ES-TI (RM292)

PO BOX 6898

ELMENDORF AFB AK 99506-0898

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

W911KB-10-P-0009 23-Dec-2009

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

238210

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

WC1JUW93563300

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

OLEN R NORTHERN / Added by SUMI

TEL: 907-753-2525 EMAIL: olen.r.northern@usace.army.mil

See Schedule $144,544.00

0 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: SEE SCHEDULE

.OFFER DATED 22-Dec-2009 YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

W911KB-10-P-0009

Section SF 1449 - CONTINUATION SHEET

SCOPE OF WORK BLDG 804

SCOPE OF WORK FOR BLDG 804:

INSTALL LIGHTING CONTROLS (SWITCH, CONTACTORS, ETC.) AND OCCUPANCY

SENSORS IN ALL BAYS OF BUILDING 804. WAREHOUSE BAYS DO NOT HAVE

EXISTING MAIN LIGHT SWITCHES. OCCUPANCY SENSORS WILL PROVIDE MEANS

OF AUTOMATIC SHUT OFF. THESE PROVIDE ENERGY SAVINGS.

SCOPE OF WORK BLDG 600

Scope of Work - Provide Improved Lighting Control at Building 600

Currently installed lighting and controls in Corridors, Restrooms, Conference Rooms and other building areas that do not have high traffic or continuous use and have lights on when personnel are not present. The installation of lighting controls such as occupancy sensors will turn off lights when not needed.

PROJECT SCOPE:

Provide occupancy sensors in the corridors and restrooms of Building 600 at Fort Richardson, Alaska. Building 600 will remain occupied during this project. Installation activities shall have minimal impact on the occupants.

Confirm existing lighting circuits, do not wire emergency ballasts, emergency lights and exit signs into occupancy sensor controlled circuits.

Reconnect other equipment (exit signs, etc.) to a new circuit.

Remove and reinstall existing suspended ceiling panels to allow access to lighting circuits. The ceiling panels in the basement are 2' x 4' plastic grid "egg crate" panels. The remaining floors are acoustic tiles.

Indicated lighting circuits will need to be traced back to determine panel and circuit breaker.

Corridor sensors will be ceiling mounted.

Restroom sensors will be wall mounted replacing the existing wall switch.

SCOPE OF WORK BLDG 756

SCOPE OF WORK FOR BLDG 756:

REPLACE EXISTING LIGHTING WITH QUICK START LIGHTING AND RELATED

CONTROL (SWITCHES, OCCUPYING SENSORS) TO GREATLY IMPROVE LIGHTING

QUALITY AND ALLOW OCCUPANCY SENSOR CONTROL TO REDUCE ELECTRICITY

USE.

SCOPE OF WORK BLDG 778

SCOPE OF WORK FOR BLDG 778:

REPLACE EXISITNG LIGHTING WITH QUICK START LIGHTING FIXTURE AND

RELATED CONTROL (SWITCH, OCCUPING SENSOR, ETC.) TO GREATLY IMPROVE

LIGHTING QUALITY AND ALLOW OCCUPANCY SENSOR CONTROL TO REDUCE

ELECTRICITY USE.

ARRA RECIPIENT REPORTING

ARRA RECIPIENT REPORTING REQUIREMENTS

Under Section 1512(c)(4) of the Act, recipients are to participate in the reporting process. The federal government has established a common framework for recipients to manage a data quality recipient reporting process at www.FederalReporting.gov. Only recipients that received funds under the list of programs subject to recipient reporting will report under these reporting requirements (see link below for the list).

Supplement - List of Programs Subject to Recipient Reporting.

http://www.whitehouse.gov/omb/assets/memoranda_fy2009/m09-21-supp1.pdf

Therefore, recipients should view the webinars at:

www.Whitehouse.gov/Recovery/WebinarTrainingMaterials for training/instructions on

1) how to register;

2) how to report the common elements;

3) how to check for data quality; and

4) determine estimates of job impact.

Primes must incorporate sub-recipient reporting. Waivers will not be granted for reporting requirements, and non-compliance will be treated as a violation of the award agreement.

All recipients will report via www.FederalReporting.gov. For additional information please contact your Contracting Agency’s representative; the Contracting Officer or the Contracting Specialist.

http://www.federalreporting.gov/ http://www.whitehouse.gov/omb/assets/memoranda_fy2009/m09-21-supp1.pdf http://www.whitehouse.gov/Recovery/WebinarTrainingMaterials http://www.federalreporting.gov/

COORDINATION OF WORK

All work shall be coordinated through Dan Nguyen at 907-384-3164 Or Sonny Turpin at (907) 384-3915

INVOICE INFORMATION

Please e-mail invoices to:

DLL-CEPOA-Accounts-Payables@Usace.Army.Mil

WAGE DETERMINATION

General Decision Number: AK080001 10/23/2009 AK1

Superseded General Decision Number: AK20070001

State: Alaska

Construction Types: Building and Heavy

Counties: Alaska Statewide.

BUILDING AND HEAVY CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories)

Modification Number Publication Date 0 02/08/2008 1 02/15/2008 2 02/29/2008 3 04/04/2008 4 04/18/2008 5 05/09/2008 6 05/23/2008 7 06/06/2008 8 06/27/2008 9 08/01/2008 10 08/08/2008 11 08/15/2008 12 08/22/2008 13 09/05/2008 14 09/19/2008 15 11/07/2008 16 01/02/2009 17 02/06/2009 18 02/27/2009

19 04/03/2009 20 04/17/2009 21 06/05/2009 22 06/26/2009 23 07/03/2009 24 07/17/2009 25 08/14/2009 26 08/28/2009 27 09/11/2009 28 09/18/2009 29 10/23/2009

ASBE0097-001 01/01/2009

Rates Fringes

Asbestos Workers/Insulator (includes application of all insulating materials protective coverings, coatings and finishings to all types of mechanical systems).........................$ 34.54 13.73

ASBE0097-002 01/01/2009

Rates Fringes

HAZARDOUS MATERIAL HANDLER

(includes preparation, wetting, stripping, removal scrapping, vacuming, bagging, and disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems).........$ 27.45 11.70

BOIL0502-002 10/01/2008

Rates Fringes

BOILERMAKER......................$ 43.94 19.68

BRAK0001-002 07/01/2008

Rates Fringes

Bricklayer, Blocklayer, Stonemason, Marble Mason, Tile Setter, Terrazzo Worker.....$ 33.82 15.80 Tile & Terrazzo Finisher.........$ 28.65 15.80

CARP1243-003 07/01/2009

North of the 63rd Parallel

Rates Fringes

Carpenter/Lather/Drywall

Applicator.......................$ 34.33 18.55 Carpenter: Fire or Flood Repair Work......................$ 34.33 18.55

MILLWRIGHT.......................$ 33.39 16.08

CARP1281-004 07/01/2009

SOUTH OF 63RD PARALLEL

Rates Fringes

Acoustical Applicator and Lather...........................$ 34.33 18.23 Carpenters & Drywallers..........$ 34.33 18.23

MILLWRIGHT.......................$ 33.39 16.08

CARP2520-003 07/01/2009

Rates Fringes

Diver Stand-by....................$ 38.50 18.23 Tender......................$ 37.50 18.23 Working.....................$ 77.00 18.23 Piledriver Carpenter...................$ 34.33 18.23 Piledriver; Skiff Operator and Rigger..................$ 33.33 18.23 Sheet Stabber...............$ 34.33 18.23 Welder......................$ 35.33 18.23

DEPTH PAY PREMIUM FOR DIVERS BELOW WATER SURFACE:

50-100 feet $1.00 per foot 101 feet and deeper $2.00 per foot

ENCLOSURE PAY PREMIUM WITH NO VERTICAL ASCENT:

5-50 FEET $1.00 PER FOOT/DAY

51-100 FEET $2.00 PER FOOT/DAY

101 FEET AND ABOVE $3.00 PER FOOT/DAY

SATURATION DIVING:

The standby rate applies until saturation starts. The saturation diving rate applies when divers are under pressure continuously until work task and decompression are complete. the diver rate shall be paid for all saturation hours.

WORK IN COMBINATION OF CLASSIFICATIONS:

Employees working in any combination of classifications within the diving crew (except dive supervisor) in a shift are paid in the classification with the highest rate for that shift.

ELEC1547-004 03/30/2009

Rates Fringes

CABLE SPLICER....................$ 38.22 3%+$18.15

Electrician;Technician...........$ 36.47 3%+$18.15

ELEC1547-005 04/01/2009

Line Construction

Rates Fringes

CABLE SPLICER....................$ 46.35 3%+$20.65

Line Construction:

(Tree Trimmer Shredder)..........$ 33.40 3%+$20.65 Linemen (Including Equipment Operators, Technician)...........$ 44.60 3%+$20.65 Powderman........................$ 42.60 3%+$20.65

TREE TRIMMER.....................$ 44.60 3%+$20.65

ELEV0019-002 01/01/2009

Rates Fringes

ELEVATOR MECHANIC................$ 45.405 18.285+a+b

FOOTNOTE: a. Employer contributes 8% of the basic hourly rate for over 5 year's service and 6% of the basic hourly rate for 6 months to 5 years' of service as vacation paid credit. b. Eight paid holidays:

New Year's Day; Memorial Day; Independence Day;

Labor Day; Veteran's Day; Thanksgiving Day; Friday after Thanksgiving and Christmas Day

ENGI0302-002 01/01/2009

Rates Fringes

Power equipment operators:

GROUP 1.....................$ 36.19 15.95

GROUP 1A....................$ 37.95 15.95

GROUP 2.....................$ 35.42 15.95

GROUP 3.....................$ 34.70 15.95

GROUP 4.....................$ 28.49 15.95

TUNNEL WORK

GROUP 1....................$ 39.81 15.95

GROUP 1A...................$ 41.75 15.95

GROUP 2....................$ 38.96 15.95

GROUP 3....................$ 38.17 15.95

GROUP 4....................$ 31.34 15.95

POWER EQUIPMENT OPERATOR CLASSIFICATIONS

GROUP 1: Asphalt Roller; Back Filler; Barrier Machine (Zipper); Batch Plant Operator: Batch and Mixer over 200 yds.; Beltcrete with power pack and similar conveyors;

Bending Machine; Boat Coxwains; Bulldozers; Cableways, Highlines and Cablecars; Cleaning Machine; Coating Machine;

Concrete Hydro Blaster; Cranes-45 tons and under or 150 foot boom and under (including jib and attachments): (a) Shovels, Backhoes, Draglines, Clamshells; Gradalls-3 yards and under; (b) Hydralifts or Transporters, all track or truck type,(c) Derricks; Crushers; Deck Winches-Double Drum; Ditching or Trenching Machine (16 inch or over);

Drilling Machines, core, cable, rotary and exploration;

Finishing Machine Operator, concrete paving, Laser Screed, sidewalk, curb and gutter machine; Helicopters; Hover Craft, Flex Craft, Loadmaster, Air Cushion, All Terrain Vehicle, Rollagon, Bargecable, Nodwell Sno Cat; Hydro Ax:

Feller Buncher and similar; Loaders: Forklifts with power boom and swing attachment, Overhead and front end, 2 1/2 yards through 5 yards, Loaders with forks or pipe clamps, Loaders, elevating belt type, Euclid and similar types;

Mechanics, Bodyman; Micro Tunneling Machine; Mixers: Mobile type w/hoist combination; Motor Patrol Grader; Mucking Machines: Mole, Tunnel Drill, Horizontal/Directional Drill Operator, and/or Shield; Operator on Dredges; Piledriver Engineers, L. B. Foster, Puller or similar Paving Breaker;

Power Plant, Turbine Operator, 200 k.w. and over (power plants or combination of power units over 300 k.w.);

Sauerman-Bagley; Scrapers-through 40 yards; Service Oiler/Service Engineer; Sidebooms-under 45 tons; Shot Blast Machine; Spreaders, Blaw Knox, Cedarapids, Barber Greene, Slurry Machine; Sub-grader (Gurries, C.M.I. and C.M.I. Roto Mills and similar types); Tack tractor; Truck mounted Concrete Pumps, Conveyor, Creter; Water Kote Machine;

Unlicensed off road hauler; Welder; Electrical Mechanic, Camp Maintenance Engineer

GROUP 1A: Cranes-over 45 tons or 150 foot (including jib and attachments): (a) Shovels, backhoes, draglines, clamshells-over 3 yards, (b) Tower cranes; Loaders over 5 yds.; Motor Patrol Grader, Dozer, Grade Tractor (finish:

when finishing to final grade and/or to hubs, or for asphalt); Power Plants: 1000 k.w. and over; Quad; Screed;

Sidebooms over 45 tons; Slip Form Paver C.M.I. and similar types; Scrapers over 40 yards; Camera/Tool/Video Operator (Slipline).

GROUP 2: Batch Plant Operators: Batch and Mixer 200 yds. per hour and under; Boiler-fireman; Cement Hog and Concrete Pump Operator; Conveyors (except as listed in group 1);

Hoist on steel erection; Towermobiles and Air Tuggers;

Horizontal/Directional Drill Locator; Loaders, Elevating Grader, Dumor and similar; Locomotives: rod and geared engines; Mixers; Screening, Washing Plant; Sideboom (cradling rock drill regardless of size); Skidder; Trencing Machine under 16 inches.

GROUP 3: "A" Frame Trucks, Deck Winches: single power drum;

Bombardier (tack or tow rig); Boring Machine; Brooms-power;

Bump Cutter; Compressor; Farm tractor; Forklift, industrial type; Gin Truck or Winch Truck with poles when used for hoisting; Grade Checker and Stake Hopper; Hoist, Air Tuggers, Elevators; Loaders: (a) Elevating-Athey, Barber Green and similar types (b) Forklifts or Lumber Carrier (on construction job site) (c) Forklifts with Tower (d) Overhead and Front-end, under 2 1/2 yds. Locomotives:Dinkey (air, steam, gas and electric) Speeders; Mechanics (light duty); Mixers: Concrete Mixers and Batch 200 yds. per hour and under; Oil, Blower Distribution; Post Hole Diggers, mechanical; Pot Fireman (power agitated); Power Plant, Turbine Operator, under 300 k.w.; Pumps-water; Rig oiler/assistant engineer, over 45 ton, over 3 yards or over 150 foot boom; Roller-other than Plantmix; Saws, concrete;

Straightening Machine; Tow Tractor

GROUP 4: Rig Oiler/Assistant Engineer (Advances to Group III if over 45 tons or 3 yards or 150 ft. boom); Swamper (on trenching machines or shovel type equipment); Spotter;

Steam Cleaner

FOOTNOTE: Groups 1-4 receive 10% premium while performing tunnel or underground work. Rig Oiler/Assistant Engineer shall be required on cranes over 85 tons or over 100 feet of boom.

IRON0751-003 08/01/2009

Rates Fringes

Ironworkers:

BRIDGE, STRUCTURAL,

ORNAMENTAL, REINFORCING

MACHINERY MOVER, RIGGER,

SHEETER, STAGE RIGGER,

BENDER OPERATOR.............$ 33.25 19.64

FENCE, BARRIER AND

GUARDRAIL INSTALLERS........$ 29.75 19.39

GUARDRAIL LAYOUT MAN........$ 30.49 19.64

HELICOPTER, TOWER...........$ 34.25 19.64

LABO0341-005 07/01/2008

Rates Fringes

Laborers: North of the 63rd Parallel & East of Longitude 138 Degrees

GROUP 1.....................$ 28.24 15.20

GROUP 2.....................$ 29.14 15.20

GROUP 3.....................$ 29.94 15.20

GROUP 3A....................$ 32.84 15.20

GROUP 3B....................$ 33.58 15.20

GROUP 4.....................$ 19.00 15.20

TUNNELS, SHAFTS, AND RAISES

GROUP 1....................$ 31.10 15.20

GROUP 2....................$ 32.09 15.20

GROUP 3....................$ 32.96 15.20

GROUP 3A...................$ 36.15 15.20

GROUP 3B...................$ 36.96 15.20

Laborers: South of the 63rd Parallel & West of Longitude 138 Degrees

GROUP 1.....................$ 27.41 14.25

GROUP 2.....................$ 28.27 14.25

GROUP 3.....................$ 29.04 14.25

GROUP 3A....................$ 31.82 14.25

GROUP 3B....................$ 32.53 14.25

GROUP 4.....................$ 18.55 14.25

TUNNELS, SHAFTS, AND RAISES

GROUP 1....................$ 30.11 14.25

GROUP 2....................$ 31.05 14.25

GROUP 3....................$ 31.90 14.25

GROUP 3A...................$ 34.95 14.25

GROUP 3B...................$ 35.75 14.25

LABORERS CLASSIFICATIONS

GROUP 1: Asphalt Workers (shovelman, plant crew); Brush Cutters; Camp Maintenance Laborer; Carpenter Tenders; Choke Setters, Hook Tender, Rigger, Signalman; Concrete Laborer(curb and gutter, chute handler, grouting, curing, screeding); Crusher Plant Laborer; Demolition Laborer;

Ditch Diggers; Dump Man; Environmental Laborer (asbestos (limited to nonmechanical systems), hazardous and toxic waste, oil spill); Fence Installer; Fire Watch Laborer;

Flagman; Form Strippers; General Laborer; Guardrail Laborer, Bridge Rail Installers; Hydro-Seeder Nozzleman;

Laborers (building); Landscape or Planter; Laying of Decorative Block (retaining walls, flowered decorative block 4 feet and below); Material Handlers; Pneumatic or Power Tools; Portable or Chemical Toilet Serviceman; Pump Man or Mixer Man; Railroad Track Laborer; Sandblast, Pot Tender; Saw Tenders; Scaffold Building and Erecting; Slurry Work; Stake Hopper; Steam Point or Water Jet Operator;

Steam Cleaner Operator; Tank Cleaning; Utiliwalk, Utilidor Laborer and Conduit Installer; Watchman (construction projects); Window Cleaner

GROUP 2: Burning and Cutting Torch; Cement or Lime Dumper or Handler (sack or bulk); Choker Splicer; Chucktender (wagon, airtrack and hydraulic drills); Concrete Laborers (power buggy, concrete saws, pumpcrete nozzleman, vibratorman);

Culvert Pipe Laborer; Cured in place Pipelayer;

Environmental Laborer (marine work, oil spill skimmer operator, small boat operator); Foam Gun or Foam Machine Operator; Green Cutter (dam work); Gunnite Operator; Hod Carriers; Jackhammer or Pavement Breakers (more than 45 pounds);Laying of Decorative Block (retaining walls, flowered decorative block above 4 feet); Mason Tender and Mud Mixer (sewer work); Pilot Car; Plasterer, Bricklayer and Cement Finisher Tenders; Power Saw Operator; Railroad Switch Layout Laborer; Sandblaster; Sewer Caulkers; Sewer Plant Maintenance Man; Thermal Plastic Applicator; Timber Faller, chain saw operator, filer; Timberman

GROUP 3: Alarm Installer; Bit Grinder; Guardrail Machine Operator; High Rigger and tree topper; High Scaler;

Multiplate; Slurry Seal Squeegee Man

GROUP 3A: Asphalt Raker, Asphalt Belly dump lay down; Drill Doctor (in the field); Drillers (including, but not limited to, wagon drills, air track drills; hydraulic drills);

Powderman; Pioneer Drilling and Drilling Off Tugger (all type drills); Pipelayers

GROUP 3B: Grade checker (setting or transfering of grade marks, line and grade)

GROUP 4: Final Building Cleanup

TUNNELS, SHAFTS, AND RAISES CLASSIFICATIONS

GROUP 1: Brakeman; Muckers; Nippers; Topman and Bull Gang;

Tunnel Track Laborer

GROUP 2: Burning and Cutting Torch; Concrete Laborers;

Jackhammers; Nozzleman, Pumpcrete or Shotcrete.

GROUP 3: Miner; Retimberman

GROUP 3A: Asphalt Raker, Asphalt Belly dump lay down; Drill Doctor (in the field); Drillers (including, but not limited to, wagon drills, air track drills; hydraulic drills);

Powderman; Pioneer Drilling and Drilling Off Tugger (all type drills); Pipelayers.

GROUP 3B: Grade checker (setting or transfering of grade marks, line and grade)

Tunnel shaft and raise rates only apply to workers regularly employed inside a tunnel portal or shaft collar.

PAIN1140-004 12/01/2008

SOUTH OF THE 63RD PARALLEL

Rates Fringes

Painters:

Brush, Roller, Sign, Paper and Vinyl, Swing Stage, Hand Taper/Drywall, Structural Steel, and Commercial Spray............$ 27.18 17.22 Machine Taper/Drywall.......$ 28.38 17.22 Spray-Sand/Blast, Epoxy and Tar Applicator..........$ 28.48 17.22

PAIN1140-005 06/01/2009

Rates Fringes

FLOOR LAYER: CARPET (SOFT)

FLOOR............................$ 29.99 12.92

PAIN1140-006 08/01/2009

SOUTH OF THE 63RD PARALLEL

Rates Fringes

GLAZIER..........................$ 32.12 17.15

PAIN1555-004 12/01/2008

NORTH OF THE 63RD PARALLEL

PAINTER

BRUSH, ROLLER PAINTER,

WALLCOVERER.................$ 29.85 17.29

STRUCTURAL, SANDBLAST, POT

TENDER, FINISH METAL,

SPRAY, BUFFER OPERATOR,

FLOORCOVERER, RADON

MITIGATION, LEAD BASED

PAINT ABATEMENT, HAZARDOUS

MATERIAL HANDLER, TAPER,

TEXTURING...................$ 30.35 17.29

PAIN1555-005 08/01/2009

NORTH OF THE 63RD PARALLEL

Rates Fringes

GLAZIER..........................$ 30.70 18.67

PLAS0867-001 02/01/2009

Rates Fringes

PLASTERER

North of the 63rd parallel..$ 34.04 15.65 South of the 63rd parallel..$ 33.79 15.65

PLAS0867-004 02/01/2009

Rates Fringes

CEMENT MASON/CONCRETE FINISHER

North of the 63rd parallel..$ 33.79 15.65 South of the 63rd parallel..$ 33.54 15.65

PLUM0262-002 07/01/2009

East of the 141st Meridian

Rates Fringes

Plumber; Steamfitter.............$ 33.77 18.62

PLUM0367-002 07/01/2009

South of the 63rd Parallel

Rates Fringes

Plumber; Steamfitter.............$ 35.58 18.12

* PLUM0375-002 07/01/2009

North of the 63rd Parallel

Plumber; Steamfitter.............$ 37.54 18.12

PLUM0669-002 04/01/2008

Rates Fringes

SPRINKLER FITTER.................$ 41.05 16.15

ROOF0190-002 09/01/2007

Rates Fringes

ROOFER, Including Built Up, Composition and Single Ply Roofs North of the 63rd Parallel..$ 32.12 10.50 South of the 63rd Parallel..$ 32.12 10.50

SHEE0023-003 07/01/2009

South of the 63rd Parallel

Rates Fringes

Sheet Metal Worker...............$ 38.34 17.70

SHEE0023-004 07/01/2009

North of the 63rd Parallel

Rates Fringes

Sheet Metal Worker...............$ 41.98 17.31

TEAM0959-003 09/01/2009

Rates Fringes

TRUCK DRIVER

GROUP 1.....................$ 36.78 14.30

GROUP 1A....................$ 38.02 14.30

GROUP 2.....................$ 35.56 14.30

GROUP 3.....................$ 34.76 14.30

GROUP 4.....................$ 34.21 14.30

GROUP 5.....................$ 33.46 14.30

GROUP 1: Semi with Double Box Mixer; Dump Trucks (including rockbuggy and trucks with pups) over 40 yards up to and including 60 yards; Deltas, Commanders, Rollogans and similar equipment when pulling sleds, trailers or similar equipment; Boat Coxswain; Lowboys including attached trailers and jeeps, up to and including 12 axles; Ready-mix over 12 yards up to and including 15 yards); Water Wagon (250 Bbls and above); Tireman, Heavy Duty/Fueler

GROUP 1A: Dump Trucks (including Rockbuggy and Trucks with pups) over 60 yards up to and including 100 yards; Jeeps (driver under load)

GROUP 2: Turn-O-Wagon or DW-10 not self-loading; All Deltas, Commanders, Rollogans, and similar equipment; Mechanics;

Dump Trucks (including Rockbuggy and Trucks with pups) over 20 yards up to and including 40 yards; Lowboys including attached trailers and jeeps up to and including 8 axles;

Super vac truck/cacasco truck/heat stress truck; Ready-mix over 7 yards up to and including 12 yards;

GROUP 3: Dump Trucks (including Rockbuggy and Trucks with pups) over 10 yards up to and including 20 yards; batch trucks 8 yards and up; Oil distributor drivers; Partsman;

Oil Distributor Drivers; Trucks/Jeeps (push or pull);

Traffic Control Technician

GROUP 4: Buggymobile; Semi or Truck and trailer; Dumpster;

Tireman (light duty); Dump Trucks (including Rockbuggy and Truck with pups) up to and including 10 yards; Track Truck Equipment; Stringing Truck; Grease Truck; Flat Beds, dual rear axle; Hyster Operators (handling bulk aggregate);

Lumber Carrier; Water Wagon, semi; Water Truck, dual axle;

Gin Pole Truck, Winch Truck, Wrecker, Truck Mounted "A" Frame manufactured rating over 5 tons; Bull Lifts and Fork Lifts with Power Boom and Swing attachments, over 5 tons;

Front End Loader with Forks; Bus Operator over 30 passengers; All Terrain Vehicles; Boom Truck/Knuckle Truck over 5 tons; Foam Distributor Truck/dual axle;

Hydro-seeders, dual axle; Vacuum Trucks, Truck Vacuum Sweepers; Loadmaster (air and water); Air Cushion or similar type vehicle; Fire Truck/Ambulance Driver;

Combination Truck-fuel and grease; Compactor (when pulled by rubber tired equipment); Rigger (air/water/oilfield);

Ready Mix, up to and including 7 yards;

GROUP 5: Gravel Spreader Box Operator on Truck; Flat Beds, single rear axle; Boom Truck/Knuckle Truck up to and including 5 tons; Pickups (Pilot Cars and all light duty vehicles); Water Wagon (Below 250 Bbls); Gin Pole Truck, Winch Truck, Wrecker, Truck Mounted "A" Frame, manufactured rating 5 tons and under; Bull Lifts and Fork Lifts (fork lifts with power broom and swing attachments up to and including 5 tons); Buffer Truck; Tack Truck; Farm type Rubber Tired Tractor (when material handling or pulling wagons on a construction project); Foam Distributor, single axle; Hydro-Seeders, single axle; Team Drivers (horses, mules and similar equipment); Fuel Handler (station/bulk attendant); Batch Truck, up to and including 7 yards;

Gear/Supply Truck; Bus Operator, Up to 30 Passengers;

Rigger/Swamper

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (ii)).

In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board

U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum $37,920.00 $37,920.00

A1010-FTR307 ARRA, BLDG 804, INSTALL LIG

FFP

HTING CONTRACT AWARD [325301] --- PROJECT NO.: 325301

In accordance with the scope of work as follows and incorporated into drawings for Building 804. Install lighting controls (switch, contactors, etc.) and occupancy sensors in all bays of building 804. warehouse bays do not have existing main light switches, occupancy sensors will provide means of automatic shut off these provide energy savings.

FOB: Destination

MILSTRIP: WC1JUW93563300

PURCHASE REQUEST NUMBER: WC1JUW93563300

NET AMT $37,920.00

ACRN AA

CIN: WC1JUW935633000001

$37,920.00

0002 1 Lump Sum $45,326.00 $45,326.00

A1010-FTR309 ARRA, BLDG 600 LIGHTING CON

FFP

TROLS/CONTRACT AWARD [325273] --- PROJECT NO.: 325273

In accordance with the scope of work for Building 600 replace existing lighting with quick start lighting fixtures and related controls (switches, occupancy sensors, etc.) to greatly improve lighting quality and allow occupancy sensor controls to reduce electricity use.

FOB: Destination

NET AMT $45,326.00

ACRN AB

CIN: WC1JUW935633000002

$45,326.00

0003 1 Lump Sum $23,344.00 $23,344.00

A1010-FTR313 ARRA, BLDG 756, INSTALL LIG

FFP

HTS/CONTROLS CONTRACT AWARD [325333] --- PROJECT NO.: 325333

In accordance with the scope of work for Building 756 replace existing lighting with quick start lighting fixtures and related controls (switches, occupancy sensors, etc.) to greatly improve lighting quality and allow occupancy sensor controls to reduce electricity use.

FOB: Destination

NET AMT $23,344.00

ACRN AC

CIN: WC1JUW935633000003

$23,344.00

0004 1 Lump Sum $37,954.00 $37,954.00

A1010-FTR314 ARRA,BLDG 778, INSTALL LIG

FFP

HTS/CONTROLS CONTRACT AWARD [325331] --- PROJECT NO.: 325331

In accordance with the scope of work for Building 778, replace existing lighting with quick start lighting fixtures and related controls (switches, occupancy sensors, etc.) to greatly improve lighting quality and allow occupancy sensor controls to reduce electricity use.

FOB: Destination

NET AMT $37,954.00

ACRN AD

CIN: WC1JUW935633000004

$37,954.00

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 23-DEC-2009 1 N/A

FOB: Destination

0002 23-DEC-2009 1 N/A

0003 23-DEC-2009 1 N/A

0004 23-DEC-2009 1 N/A

ACCOUNTING AND APPROPRIATION DATA

AA: 21920220000 088081 32306352LD1320E601501 QUTM 95507

AMOUNT: $37,920.00

CIN WC1JUW935633000001: $37,920.00

AB: 21920220000 088081 3230F630HB1320E601503 QUTM 95507

AMOUNT: $45,326.00

CIN WC1JUW935633000002: $45,326.00

AC: 21920220000 088081 3230852LD61320E601507 QUTM 95507

AMOUNT: $23,344.00

CIN WC1JUW935633000003: $23,344.00

AD: 21920220000 088081 3230HB74951320E601508 QUTM 95507

AMOUNT: $37,954.00

CIN WC1JUW935633000004: $37,954.00

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

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (MAR 2009)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in

(i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment…

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