09-Q-0194 Boat Docks.doc

Section B - Supplies or Services and Prices

Boat Dock System-3 section

FFP

The contractor shall furnish all drawings, labor, materials and equipment necessary to fabricate, deliver and install One (1) complete new Boat Dock System with three (3) 8-foot wide x 20-foot long aluminum dock sections and one (1) 4-foot wide x 20-foot long aluminum tapered gangway. Dock system must be able to use existing anchoring system (see drqwing 11601) (All items shall conform to attached reference drawing #11061).

The dock will be for the Narrows Recreation Area Boat Ramp at Englebright Lake, Nevada County, Smartsville, California. All tasks will be completed in accordance with the attached Statement of Work, Special Provisions and Specifications.

For information or a site visit, contact the Technical POC.

Technical Point of Contact: Doug Grothe, (530) 432-6427. Contracting Point of Contact: Tilden Brooks Jr. (916) 557-7929.

FOB: Destination

NET AMT

0001AA

Boat Dock - Englebright

One (1) complete new Boat Dock System with three (3) 8-foot wide x 20-foot long aluminum dock sections and one (1) 4-foot wide x 20-foot long aluminum tapered gangway. Each dock section will include: one (1) 10-inch wheel at each corner of the dock [total four (4)], six (6) powder-coated yellow cleats, and grey UHMW fenders. The dock system will have a chain box at each end for chain tie-ups and all anchor-chain/pulley/buoy hardware associated for main cable attachment. The dock must be able to use existing cable attachment system ( drawing 11061) (All items shall conform to attached reference drawing #11061).

NET AMT

0001AB

Deliver & Install

Deliver and unload dock at site, install and hookup to existing anchor wire rope anchoring system(see drawing 11061) and supply all required materials.

NET AMT

Boat Dock System - 2 Section

`The contractor shall furnish all drawing, labor, materials and equipment necessary to fabricate, haul and install One (1) complete new Boat Dock with two (2) 8-foot wide x 20-foot long aluminum docks and one (1) 4-foot wide x 20-foot long aluminum tapered gangway. Dock must be able to use existing cable anchor system (see drawing 11601) (All items shall conform to attached Reference drawing 11061).

The docks will be for the Fiddleneck Recreation Area Boat Ramps at New Hogan Lake, Calaveras County, Valley Springs, California. All tasked will be completed in accordance with the attached Statement of Work, Special Provisions and Specifications.

For information or a site visit, contact the technical POC.

Technical Point of Contact: Duane Johnson, (530) 432-6427. Contracting Point of Contact: Tilden Brooks Jr. (916) 557-7929.

NET AMT

0002AA

Boat Dock - New Hogan

One (1) complete new Boat Dock System with two (2) 8-foot wide x 20-foot long aluminum docks and one (1) 4-foot wide x 20-foot long aluminum tapered gangway. Each dock will include one (1) 12-inch wheel on each corner of the dock [total four (4)], six (6) powder-coated yellow cleats per dock, yellow UHMW fenders and a chain box at end for chain tie-ups. Dock must be able to use existing cable anchoring system(see drawing 11601)(All items shall conform to attached Reference drawing 11061).

The docks will be for the Fiddleneck Recreation Area Boat Ramps at New Hogan Lake, Calaveras County, Valley Springs, California. All tasked will be completed in accordance with the attached Statement of Work, Special Provisions and Specifications.

NET AMT

0002AB

Deliver and Install

Deliver and unload dock at site, install and hookup to existing anchor wire rope anchoring system(see drawing 11061) and supply all required materials.

NET AMT

ARRA Reporting Costs

Costs associated with the reporting requirements of the American Recovery and Reinvestment Act of 2009. Requirements at section I, clause 52.204-11. If no additional charge enter NSP (Not Separately Priced) for this line item.

NET AMT

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

Performance Work Statement

1. GENERAL:

A. SCOPE - Contractor shall provide all drawings, labor, transportation, materials and equipment necessary to fabricate, haul and install these docks. Contractor shall be responsible for all job planning, programming, permitting, scheduling, administration, inspection, and management required to accomplish specified project. Contractor shall ensure that all work is accomplished in accordance with contract specifications and scope of work, all applicable laws, municipal codes, regulations and/or written directives issued by the Contracting Officer.

B. INTENT

1) ENGLEBRIGHT LAKE ITEMS 0001AA-AB: This is a one-time contract for the purchase, delivery and installation of one (1) complete new boat dock system with three (3) 8-foot wide x 20-foot long aluminum dock sections and one (1) 4-foot wide x 20-foot long aluminum tapered gangway. Each dock section will include: one (1) 10-inch wheel at each corner of the dock [total four (4)], six (6) powder-coated yellow cleats, and grey UHMW fenders. The dock system will have a chain box at each end for chain tie-ups and all anchor-chain/pulley/buoy hardware associated for main cable attachment. All items will be per attached reference drawing #11061. The dock will be for the Narrows Recreation Area Boat Ramp at Englebright Lake, Nevada County, Smartsville, California.

2) NEW HOGAN LAKE ITEMS 0002AA-AB: This is a one-time contract for the purchase and installation one (1) complete new boat dock system consisting of two (2) 8-foot wide x 20-foot long aluminum docks and one (1) 4-foot wide x 20-foot long aluminum tapered gangway. Each dock section will include: one (1) 12-inch wheel on each corner of the dock [total four (4)], six (6) powder-coated yellow cleats and yellow UHMW fenders. The dock system will have a chain box at the end for chain tie-ups and all anchor-chain/pulley/buoy hardware associated for main cable attachment. All items will be per attached reference drawing #11601 The dock will be for the Fiddleneck Recreation Area Boat Ramps at New Hogan Lake, Calaveras County, Valley Springs, California.

C. LOCATION DESCRIPTION

1) ENGLEBRIGHT LAKE ITEMS 0001AA-AB: Work site is located at 12896 Englebright Dam Road, Smartsville, CA 95977.

2) NEW HOGAN LAKE ITEMS 0002AA-AB: Work site is located at 2713 Hogan Dam Road, Valley Springs CA 95252.

D. PERMITS - The contractor shall, without any additional expense to the government, provide any necessary/required licenses or permits for the completion of this contract. The contractor shall comply with all Federal, State, County and municipal laws, codes, and/or regulations in connection with the performance of specified work.

E. SAFETY - All work shall be performed in accordance with safety requirements set forth in Corps of Engineers Manual, EM 385-1-1, entitled Safety and Health Requirements Manual, 15 Sept 08. Copies are available at the Englebright Lake Park Office.

2. WORK SCHEDULE:

A. PREWORK CONFERENCE

1) ENGLEBRIGHT LAKE ITEMS 0001AA-AB: A pre-work conference between the Contractor, his/her representatives, supervisors, workers, etc. and the Englebright Lake Park Manager, shall be scheduled prior to the installation of the docks. The Contractor shall submit to the Contracting Officers Representative (Park Manager), all required reports, plans, permits, licenses, and other items outlined in this contract.

2) NEW HOGAN LAKE ITEMS 0002AA-AB: A pre-work conference between the Contractor, his/her representatives, supervisors, workers, etc. and the New Hogan Lake Park Manager, shall be scheduled prior to the installation of the docks. The Contractor shall submit to the Contracting Officers Representative (Park Manager), all required reports, plans, permits, licenses, and other items outlined in this contract.

3. CONTRACTOR OBLIGATIONS:

A. EXPOSURE REPORT - A safety exposure report shall be submitted to the Park Manager prior to the completion of the contract.

4. CONTRACTOR RESPONSIBILITIES:

A. The contractor is liable for all damage to property, equipment, and landscape features in performance of this work. Any such damage shall be immediately reported to the Park Manager and repaired at the contractor's expense.

B. All waste material generated in performing this contract shall be removed from government property and disposed of at an approved waste disposal site. The contractor shall comply with all Federal state and local guidelines as they pertain to the proper excavation, removal and disposal of waste material generated during the performance of this contract.

5. FACILITIES AND EQUIPMENT:

A. STORAGE - Government storage space shall be provided under this contract. Equipment and material storage areas will be identified after the contract has been awarded.

B. GOVERNMENT FURNISHED SUPPLIES AND MATERIALS - The Government shall not provide any supplies or materials under this contract.

C. CONTRACTOR FURNISHED SUPPLIES AND MATERIALS - The Contractor shall furnish all supplies and materials to be consumed or incorporated in the execution of this contract. The Contractor shall be responsible for maintaining an adequate supply of materials each working day as necessary for performing the project as described.

6. PERSONNEL:

A. MINIMUM PERSONNEL REQUIREMENTS - The Contractor shall provide an adequate number of fully qualified personnel to perform the specified project safely, properly and efficiently within the time constraints of this contract.

B. QUALITY CONTROL - The Prime Contractor is responsible for ensuring that all work performed under this contract, including that performed by subcontractors, is in accordance with the specifications. To accomplish this, the Contractor will appoint in writing, subject to the approval of the COR, a Quality Control Inspector (QCI).

7. INSPECTION:

A. GOVERNMENT QUALITY ASSURANCE - The government shall monitor the Contractor’s services through scheduled, unscheduled, and in some cases, 100% inspections of the project as described.

B. CONTRACTOR PERFORMANCE DEFECTS, DEFICIENCIES AND REPERFORMANCE - Defects and deficiencies in Contractor performance and re-performance shall be determined and addressed by the COR. The government reserves the right to deduct portions of payment for any deficiencies in the completed project.

8. SITE SHOWING:

A. ENGLEBRIGHT LAKE ITEMS 0001AA-AB: A site showing is available, call the project office at (530) 432-6427 for more information.

B. NEW HOGAN LAKE ITEMS 0002AA-AB: A site showing is available, call the project office at (209) 772-1343 for more information.

9. PAYMENT:

A. ENGLEBRIGHT LAKE ITEMS 0001AA-AB: Payment shall be made in arrears; invoices shall be submitted to: U.S. Army Corps of Engineers Finance Center, ATTN: CEFC-AO-P, 5720 Integrity Drive, Millington, TN 38054-5005 after completion and acceptance of contract specifications to the address indicated on the purchase order. One copy of the invoice shall be sent to the Park Manager at Englebright Lake, P.O. Box 6, Smartsville, CA 95977.

B. NEW HOGAN LAKE ITEMS 0002AA-AB: Payment shall be made in arrears; invoices shall be submitted to: U.S. Army Corps of Engineers Finance Center, ATTN: CEFC-AO-P, 5720 Integrity Drive, Millington, TN 38054-5005 after completion and acceptance of contract specifications to the address indicated on the purchase order. One copy of the invoice shall be sent to the Park Manager at New Hogan Lake, 2713 Hogan Dam Road, Valley Springs, CA 95252.

QUALITY ASSURANCE WORK PLAN

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Sandblasting/Painting Services

This Quality Assurance Surveillance Plan (QASP) has been developed to evaluate contractor actions while implementing the Performance Work Statement (PWS); and is designed to provide and effective surveillance method of monitoring contractor performance for each objective of the Performance Work Statement.

The QASP provides a systematic method to evaluate the services of the contractor is required to furnish.

The contractor, and not the government, is responsible for management and quality control actions to meet the terms of the contract. The role of the government is quality assurance, to ensure contract standards are achieved.

Periodic Inspections: The COR or designated Inspector will monitor the contractors performance in all functional areas, by the random sampling method, using the requirements found in the Performance Work Statement paragraph 7 A & B. The Government may also use the planned sampling method and or 100% inspection method. The Government reserves the right to change or alter the type of inspection plan at its discretion at any time. The contractor shall sign acknowledgment of the completed inspection report and make comments and corrections of deficiencies. A copy will be provided to the contractor through the Contracting Officer (KO). Periodic inspections may be increased or reduced depending on the contractors performance.

Customer Complaints: The COR will validate any customer complaint and document the complaint with the PWS section reference. The contractor will be allowed to comment.

TECHNICAL SPECIFICATIONS

TECHNICAL SPECIFICATIONS

1. ALUMINUM-DECKED TUB-FLOATATION DOCK SPECIFICATIONS GENERAL REQUIREMENTS:

These specifications are for a fully CAD designed and engineered aluminum decked tub flotation dock system and are the minimum standards for design and fabrication.

A. ENGINEERING - Dock flotation shall be designed to support the dead weight of the complete dock, including any permanently attached accessories, plus an additional live load of 20 pounds per square foot over the entire dock area. Flotation material shall be distributed as widely as possible under the dock for maximum stability. Minimum freeboard under combined dead and live load shall not be less than 8 inches. Freeboard under dead load only shall be between 16 and 22 inches.

B. FACTORS OF SAFETY - The deck and structural components shall be designed with minimum safety factors on working stresses, which conform to those specified in the American Association Design Manual specification for aluminum structures, as applicable.

C. VERTICAL DESIGN LOADS - The dock structure and deck shall include the dead weight of the dock components as well as a vertical distributed live load of 20 pounds per square foot of dock area. The deck and structural components shall also be designed to support the dead load plus a concentrated vertical live load of 400 pounds applied over a 6”x 6” area located anywhere on the deck surface. The distributed and concentrated live loads need not be applied simultaneously.

D. HORIZONTAL DESIGN LOADS - The dock structure and deck shall be designed for a lateral load of 150 pounds per foot of length to account for wind and water currents.

E. CONNECTIONS BETWEEN DOCK MODULES - Connecting hardware (hinges) and its attachments between any adjacent dock modules shall be designed to support a bending moment in the horizontal plane of 3000 foot- pounds.

2. MATERIALS DECKING:

A. DECKING - Decking shall be aluminum deck slat 6” wide by 1.61” deep produced from alloy 6061-T6 with ribbed non-skid surface. The deck slats shall interlock the top and bottom with rolled interlocks that cause the slats to act together when loaded. The ends of the deck slats interlock into the structural frame and are retained without welding. After installation, the decking shall give an AA-M44 (course matte) finished to increase skid resistance, reduce glare, and give a uniform appearance.

B. FENDERS

1) ENGLEBRIGHT LAKE ITEMS 0001A-B: Fenders shall be 2”x 10” grey UHMW polyethylene lumber bolted to the side frame with counter bored 3/8” hot-dipped galvanized carriage bolts and washers.

2) NEW HOGAN LAKE ITEMS 0002A-C: Fenders shall be 2”x 10” yellow UHMW plastic lumber bolted to the side frame with 3/8” galvanized bolts

C. STEEL BOLTS - Bolts shall be American standard regular with hexagonal heads and nuts, and shall be hot-dipped galvanized in accordance with ASTM Al 5 3.

D. FLOTATION TUBS - The buoyant units of the docks shall be polyethylene tubs having a wall thickness of at least 0.150”. The tubs shall conform to ASTM D 1248 and shall be manufactured in such a way as to be resistant to UV radiation from sunlight for 20 years. The tubs shall be completely filled with polystyrene foam. A manufacturer who has been continuously engaged in production of polystyrene foam for flotation for at least five years shall produce the foam. The foam shall have a minimum density, in place, of 0.9 pounds per cubic foot and a maximum density of 1.2 pounds per cubic foot.

E. CONNECTION OF TUBS - The dock structure shall bear on the polyethylene tubs and tubs shall be attached to the dock frame with 3/8” hot-dipped galvanized bolts. The bolts shall pass through the aluminum channel edge binding, the flange of the tub, and through the frame of the docks.

F. MOORING CLEATS – Powder-coated yellow mooring cleats shall be installed on the dock as specified in this contract. The cleats shall have, as a minimum, the dimensions shown on the drawings, be fabricated steel, galvanized after fabrication, powder-coated yellow cleats, and shall be sufficient to withstand a static load of 500 pounds in any direction, applied to a rope secured to the cleat.

3. FABRICATION & WORKMANSHIP:

A. WORKMANSHIP - The quality of workmanship shall be equal to the best general practice in modern structural fabrication shops.

B. EXPERIENCE - The fabricator must be able to furnish adequate evidence of a minimum of five years of ongoing successful experience in fabricating aluminum dock structures, and show that all workmen employed in dock fabrication are properly experienced and skilled in the work they are called upon to perform.

C. CORNER WHEELS

1) ENGLEBRIGHT LAKE ITEMS 0001A-B: Each dock shall have (4) 10” x 3” Delrin wheels. One mounted on each corner on a galvanized frame and positioned below the floatation tubs.

2) NEW HOGAN LAKE ITEMS 0002A-C: Each dock shall have (4) 12” wheels one each corner mounted on a galvanized frame and positioned below the floatation tubs. Wheels shall have a urethane tread, polyolefin hub, and Delrin bearings equal to Payson.

4. PERFORMANCE PERIOD: To be completed within 60 days of award date.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

DOUG GROTHE

P.O. BOX 6 12896 ENGLEBRIGHT DAM RD

SMARTVILLE CA 95977

530-639-2342

L2M0720

L2M0720

NEW HOGAN LAKE

MR. RICHARD MARMOLEJO

2713 HOGAN DAM ROAD

VALLEY SPRINGS CA 95252-0128

L2M0434

Section I - Contract Clauses

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

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__(4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (MAR 2009) (Pub. L. 111-5).

___ (5) 52.219-3, Notice of HUBZone Small Business Set-Aside (Jan 1999) (15 U.S.C. 657a).

___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (7) [Reserved].

XXX (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-6.

___ (iii) Alternate II (MAR 2004) of 52.219-6.

___ (9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-7.

___ (iii) Alternate II (MAR 2004) of 52.219-7.

___ (10) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)).

___ (11)(i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (15 U.S.C. 637(d)(4)).

___ (ii) Alternate I (OCT 2001) of 52.219-9 ___ (iii) Alternate II (OCT 2001) of 52.219-9.

___ (12) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

___ (13) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (JUNE 2003) of 52.219-23.

___ (15) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (16) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (U.S.C. 657 f).

___ (18) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C. 632(a)(2)).

___ (19) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

___ (20) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126).

___ (21) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

___ (22) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

___ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of theVietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

___ (24) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29

U.S.C. 793).

___ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

___ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

___ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) (Not Applicable until September 8, 2009.)

___ (28)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(c)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) .

___ (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

___ (ii) Alternate I (DEC 2007) of 52.223-16.

XXX (31) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d).

___ (32)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

___ (ii) Alternate I (JAN 2004) of 52.225-3.

___ (iii) Alternate II (JAN 2004) of 52.225-3.

___ (33) 52.225-5, Trade Agreements (JUN 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (34) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)) ___ (38) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (39) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

___ (40) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332) ___ (41) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

___ (42) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

___ (43)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

____ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (NOV 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (February 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.)

____ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

____ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

____ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

____ (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008)(31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) Reserved.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009). (Not applicable until September 8, 2009.)

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

/ / / / / / / / / / / / / / / /(End of clause)/ / / / / / / / / / / / / / / / /

CLAUSES INCORPORATED BY FULL TEXT

252.204-7004 CENTRAL CONTRACTOR REGISTRATION (52.204-7) ALTERNATE A (SEP 2007)

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

“Central Contractor Registration (CCR) database” means the primary Government repository for contractor information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) code” means--

(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11 of the Federal Acquisition Regulation) for the same parent concern.

“Registered in the CCR database” means that--

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database;

(2) The Contractor's CAGE code is in the CCR database; and

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service, and has marked the records ``Active.'' The Contractor will be required to provide consent for TIN validation to the Government as part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number-

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

252.211-7003 ITEM IDENTIFICATION AND VALUATION (AUG 2008)

(a) Definitions. As used in this clause'

Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

Concatenated unique item identifier means--

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

Data qualifier means a specified character (or string of characters) that…