11-Q-0176 Napa Culvert.pdf

USACE SACRAMENTO DISTRICT

ATTN: CONTRACTING DIVISION

1325 J ST

SACRAMENTO CA 95814-2922

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

(No Collect Calls)

7mil

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W91238-11-Q-0176 01-Sep-2011

b. TELEPHONE NUMBER

916-557-7929

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 16 Sep 2011

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)

(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

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

TEL.

W91238

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TILDEN L BROOKS

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

0 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

541990

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

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

TEL: EMAIL:

1 COPIES

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED 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

W91238-11-Q-0176

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum Inspect Drainage Culverts

FFP

Contractor to provide all labor, materials and travel to inspect three (3) interior drainage culverts located in the Napa River/Napa Creek Flood Protection Project, Napa, California. Contractor shall provide video inspection to sections of culverts above water and sonar techniques for sections of culvert below water level.

Work includes pre-bid site visit on 1 September 2011. Details in Statement of work paragraph 3.4. Contact technical lead for questions.

Deliverables included at paragraph 3.12 of Statement of work.

All work to be in compliance with the Statment of Work for Drainage Culvert Inspection, Napa, California, dated 24 August 2011.

POC: Tecnical - Jane Bolton, 916 557-7637, jane.m.bolton@usace.army.mil Contract - Tilden Brooks Jr, 916 557-7929, tilden.l.brooks@usace.army.mil

FOB: Destination PROJECT: Napa Culvert Insp

NET AMT

STATEMENT OF WORK

CESPK-ED-GL 24 August 2011

STATEMENT OF WORK

1. PROJECT DATA

1.1. PROJECT TITLE AND LOCATION: Napa River/Napa Creek Flood Protection Project, Contract 1A Drainage Culvert Inspection, Napa, California

1.2. P2 PROJECT NUMBER: 105469

1.3. CONTRACT NO: ________________

1.4. CONTRACTOR DATA:

1.5. GOVERNMENT POINTS OF CONTACT:

Sacramento District Project Technical Lead:

Jane Bolton U.S. Army Corps of Engineers, Sacramento District

CESPK-ED-GL

1325 J Street Sacramento, California 95814-2922 Telephone (916) 557-7637 Facsimile (916) 557-6803 Jane.m.bolton@usace.army.mil

Sacramento District Contract Specialist:

Tilden Brooks Jr.

U.S. Army Corps of Engineers, Sacramento District

CESPK-CT-B

1325 J Street Sacramento, CA 95814-2922 Telephone (916) 557-7929 Facsimile (916) 557-7524 tilden.l.brooks@usace.army.mil

1.6. LOCAL SPONSOR POINT OF CONTACT

Napa Valley Flood Control and Water Conservation District (NVFCWCD) Richard Thomasser 804 First Street Napa, CA 94559-2623 Telephone: (707) 259-8600 Richard.thomasser@countyofnapa.org

1.7. SCOPE: This Statement of Work provides for the inspection of three interior drainage culverts through the Training Dike in the Contract 1A area of the Napa River/Napa Creek Flood Protection Project, located in Napa, California. The sections of the culverts above water shall be video inspected. The sections of the culverts below the water level shall be inspected by sonar techniques.

1.8. CRITERIA:

National Association of Sewer Service Companies (NASSCO) “Specification for Television Inspection of Main Sewer”

EPA Method 180.1 “Determination of Turbidity by Nephelometry”

Standard Methods for the Examination of Water and Wastewater, “Standard Method 2130 Turbidity”

1.9. GOVERNMENT FURNISHED MATERIALS

Sheet G-003, Location Map, Vicinity Map, and Project Map Sheet C-101, Repair Dike-Contract 1A Sta. 0+00 to Sta. 57+68 Sheet C-30, Vineyard Dike Drainage Structures and Details Sheet C-35, Details Sheet S-1, Drainage Structure Headwall Details, Plan, Elevation, and Sections Photos, typical trash rack and flapgate at inlet and outlet of Vineyard Dike drainage culverts Sheets on separate file

2. GENERAL DESCRIPTION

The Contract 1A portion of the Napa River/Napa Creek Flood Protection Project was constructed in 2000. The primary contract feature is the Vineyard Dike. The Vineyard Dike is a ring dike surrounding a vineyard. Three interior drainage culverts were constructed through the dike. The culverts are two-foot diameter Reinforced Concrete Pipe (RCP), with a metal flapgate on the waterside and a metal trash rack on the landside. The Corps of Engineers now requires all culverts through levees to be video inspected every 5 years. The Corps of Engineers will inspect the culverts before the Vineyard Dike is turned over to the local sponsor for permanent maintenance. The tasks include a pre-bid site visit, the video/sonar inspection, and submittal of the inspection results to the Government.

3. DETAILED DESCRIPTION OF WORK AND SERVICES

3.1. QUALIFICATIONS/CERTIFICATIONS. The Contractor performing the video/sonar inspection shall have a minimum of 2 years of experience in performing video and sonar inspections of pipes. Personnel performing the inspection and operating the inspection equipment shall be certified to perform NASSCO PACP (Pipeline Assessment Certification Program) coding for pipeline inspections and shall have a minimum of 1 year of experience performing NASSCO PACP coding and a minimum of 5 projects successfully completed within the last year.

Personnel interpreting the sonar portion of the inspection shall have a minimum of 1 year of experience interpreting the sonar inspection of pipelines.

3.2. SITE LOCATION AND ACCESS. The Contract 1A portion of the Napa River/Napa Creek Flood Protection project is located on the west side of the Napa River just south of the developed portion of the City of Napa. The Vineyard Dike is located on the western side of the Contract 1A area, just east of State Highway 29. See Sheet G-003 for the overall area layout. Because nobody lives on the property, there is no street address associated with the site. There is no direct access to the site from State Highway 29. Access to the site is by an unnamed dirt/asphalt access road that begins at the southern end of South Jefferson Street. From Imola Avenue, turn south onto South Jefferson Street and follow the street to it’s end. The access road runs to the west (right) for approximately 1,600 feet, then turns south (left) for approximately 2,700 feet before reaching the ramp up to the crest of the Vineyard Dike. The crest of the Vineyard Dike is covered with aggregate base. Vehicular speed on the portions of the access road that are not paved and on the entire Vineyard Dike crest road is limited to 5 miles per hour for dust control purposes. There is a gate at the beginning of the access road at South Jefferson Street. The NCFCWCD has a key for the gate. The Sacramento District Technical Lead listed in Paragraph

1.5 will coordinate with the NCFCWCD for site access for the pre-bid site visit and the culvert inspection. All vehicular access to the drainage culverts is from the dike crest. There is no vehicular access at either the waterside or landside toes of the Vineyard Dike.

3.3. CULVERT DESCRIPTION. The three drainage culverts are located at stations 30+52, 10+80, and 55+00 of the Vineyard Dike (see Sheet C-101 for dike stationing). The drainage culverts are 2 foot diameter RCP with metal flap gates on the waterside and metal trash racks on the landside. The culverts vary in length with a maximum of 120 feet long, as measured from the headwall of the inlet structure to the headwall of the outlet structure. Details of the culverts and their inlets and outlets are shown on Sheets C-30, C-35, and S-1. The only access to the culverts is at the inlet and the outlet; there is no riser structure in the dike crest. The culverts always have some water in their inverts. The depth of the water varies but is expected to be between 2 and 12 inches. The culvert located at station 30+52 generally has the deepest water level. The Napa River is tidally influenced in the Contract 1A area. The tidal variation in the river water elevation is approximately 5 feet. During high tide, the river reaches the waterside toe of the Vineyard Dike. Therefore, the culvert inspections can only be carried out at low tide.

The tide schedule for the Napa River can be obtained at http://www.saltwatertides.com/dynamic.dir/californiasites.html. Go to the website; click on “San Pablo Bay and Carquinez Strait”; Click on “Napa, Napa River” (under Carquinez Strait), scroll down to the bottom of the page, choose the month, the first day to obtain tides, and the number of days of tide data, and click on “Get Tides”.

3.4. PRE-BID SITE VISIT. All prospective contractors shall attend a pre-bid site visit to become familiar with the site location and conditions. The visit shall take place on 7 September, 2011. Because the site is not easily accessed, the meeting place for the pre-bid site visit will be the parking lot of the McDonalds restaurant at 806 West Imola Avenue in Napa (see http://www.quickr.org/McDonald_s_Restaurant_Napa_806_W_Imola_Ave_Napa_CA for a location map). The restaurant is located near the corner of Imola Avenue and Soscol Avenue on the east side of the Napa River. Meet at the restaurant at 10:00 am and the Sacramento District technical lead will escort the contractors to the project site.

3.5. INSPECTION COORDINATION. The Contractor shall coordinate the date of the culvert inspection with the Sacramento District technical lead given in paragraph 1.5 a minimum of 7 days prior to the actual inspection date. It is anticipated the inspection will be performed in October of 2011. The technical lead will make every attempt to attend the inspection and coordinate unlocking of the access road gate with the NCFCWCD; however, in the event that the technical lead cannot attend the inspection, the Contractor shall coordinate with the NCFCWCD point of contact listed in paragraph 1.6 for access to the site.

3.6. PREPARING CULVERTS FOR INSPECTION. Prior to video/sonar inspection, the Contractor shall prop open the waterside flap gate and allow the water levels within the culverts to equilibrate. During a visual culvert inspection in 2009, the water within the culverts at stations 10+80 and 55+00 flowed out of the culvert to the waterside of the dike when the flapgates were opened, but the water at the culvert at station 30+52 flowed from the waterside of the dike into the culvert. The flapgates may have sediment against them; if so, the Contractor shall move the sediment away from the gates so they can be opened.

3.7. INSPECTION EQUIPMENT. The inspection equipment shall be specifically designed and constructed for pipe inspection. The video camera shall comply with all NASSCO standards for video inspection of culverts. The video camera shall be capable of panning 360 degrees and tilting 270 degrees. Lighting for the camera shall be suitable to allow a clear picture of the entire circumference of the pipe. The camera shall be capable of operating in 100% humid conditions.

The minimum acceptable camera resolution is 500 lines. Sonar inspection equipment shall be capable of making a complete 360 degree inspection of the culvert at one inch intervals along the full length of the culvert. During the inspection, the following information shall be clearly and continuously displayed on the periphery of the screen monitor and video recording:

Stating location ID Ending Location ID Distance from Starting location

3.8. LIMITS OF VIDEO AND SONAR INSPECTION. The culvert inspection shall cover the entire culvert between the inlet headwall and the outlet headwall. The Contractor may begin the inspection at either the inlet or the outlet; beginning at the inlet will require the removal and re-installation of the trash racks. If an inspection cannot be completed due to culvert collapse, lateral displacement, debris, sedimentation, or any other reason , the inspection equipment shall be withdrawn from the culvert and an attempt made to complete the inspection from the opposite end of the culvert. A still photo (color .jpeg format) shall be taken of the blockage.

3.9. CLEANING. An attempt shall be made to inspect the culverts without cleaning. The culverts shall be inspected without culvert cleaning if at all possible. Discharge of any cleaning water/effluent onto the private property on the landside of the Vineyard Dike is prohibited. The Napa River is listed as impaired for sediment under the Clean Water Act 303(d) and the discharge of water into the river is strictly controlled. If cleaning is absolutely necessary, the cleaning method used shall produce the minimum amount of water possible. There is no fire hydrant near the site. The Contractor shall have a water truck available for possible cleaning.

The Contractor shall have a vacuum system to collect the cleaning effluent directly from the culvert. Cleaning effluent in the vacuum truck shall be tested on site for pH and turbidity.

Cleaning effluent shall be tested for pH using a calibrated pH meter or a pH test kit. Turbidity shall be performed using a calibrated turbidity meter using Standard Method 2130 or EPA Method 180.1. If the effluent has a measured pH between 6.5 and 8.5 and a measured turbidy less than 250 Nephelometric Turbidy Units (NTU), then the effluent can be discharged to the terrace beyond the waterside toe of the Vineyard Dike. This discharge shall be at a location and a rate so as not to cause erosion of the slope of the Vineyard Dike. If the pH and turbidity limits are exceeded, the effluent may be sprinkled on the crest road of the Vineyard Dike and the access road out to the Dike for dust control.

3.10. INSPECTION. The portion of the culvert that is above water shall be video inspected and the portion of the culvert that is below water shall be sonar inspected. The inspection equipment shall move through the culvert at a constant rate, stopping when necessary to permit proper documentation of the culvert’s condition for coding. The equipment shall not move at a speed greater than 25 feet per minute and the camera shall be located in the center of the culvert.

Obtain a still photo (color .jpeg format) of all significant defects observed during the inspection.

The Contractor shall record the drainage culvert station, location along the culvert, clock position, time, and defect code for each photograph.

3.11. DEFECT IDENTIFICATION/INSPECTION CODING. The portion of each culvert that is video inspected shall be NASSCO PACP coded. A preliminary coding shall be done in the field during the inspection; the final coding may be done in the office after the field inspection is concluded. The NASSCO coding is not limited to defects and all applicable information pertaining to the culvert condition shall be coded. The portion of each culvert that is underwater and therefore inspected by sonar techniques shall be interpreted and reported by an individual experienced in interpreting the sonar inspection of pipelines.

3.12. REPORTING. The following information shall be submitted to the Sacramento District Technical Lead:

Electronic inspection videos recorded and organized on CD or DVD Electronic still photos of significant defects on CD or DVD Printed and electronic plots from the sonar portion of the inspection Printed and electronic inspection logs with all culvert identification information, direction of inspection, PACP codings with numerical ratings, and distance along the culvert of all defects/codings . Any defects noted with the sonar equipment shall also be included in the inspection logs.

The data for each culvert shall be submitted on a separate CD or DVD. Each CD or DVD shall be labeled with the following information:

Contractors name and address Project Name Culvert ID by Training Dike Station Date of Inspection

One copy of the initial submittal shall be made to the Technical Lead. The Technical Lead will review the initial submittals and provide comments to the Contractor within 8 calendar days of receipt. Three copies of the final submittals shall be submitted within 7 calendar days of the receipt of comments.

The inspection videos shall be in a format that can be played with Power DVD DX software.

Still photos shall be in color .jpeg format. Inspection logs and sonar data shall be in a format that is viewable using standard Microsoft or Adobe Acrobat software.

No payment will be made for poor or unacceptable quality videos or sonar data. If, in the opinion of the Government, the video or sonar data is of such poor quality that the condition of any or all the culverts cannot be adequately assessed, the Contractor shall re-inspect the unacceptable segments and resubmit all deliverables for that culvert at no additional cost to the Government.

4. SUBMITTALS

The following is a list of all required submittals under this contract:

Culvert inspection videos Culvert defect photos Culvert sonar data Culvert Inspection logs

5. SCHEDULE

The following schedule covers the work in this contract.

Item Schedule (calendar days after contract award)

Inspection Within 40 days Initial Data Submission 10 work days after inspection Final Data Submission (if required) Within 10 days after comments

6. OVERALL PERIOD OF PERFORMANCE

All work and services shall be completed within 70 calendar days after the effective date of the contract action.

7. AUTHORITIES STATEMENT

No person other than the Government Contracting Officer has the authority to make any changes to this contract action that impact cost or schedule. Authority from the Contracting Officer to the contractor to make changes that impact cost or schedule will be in the form of an official, signed modification.

8. PAYMENTS STATEMENT

a. Invoices for payment shall be submitted upon completion of tasks as outlines in the pricing/payment schedule. Invoices shall include all necessary information, including any necessary supporting documentation and shall be submitted to:

i. Original invoice WITHOUT additional information or supporting documentation:

1. USAED, Finance Center

Attn: CEFC-FP 5722 Integrity Drive, Millington, TN 38054-5005

ii. One copy each of Invoice WITH all required information including any necessary supporting documentation (may be mailed or emailed to the following individuals):

1. Ms. Jane Bolton USACE, Sacramento District Attn: CESPK-ED-GS 1325 J Street, Sacramento CA 95814-2922 Telephone: 916/557-7637 Email: jane.m.bolton@usace.army.mil

2. Mr. Eduardo Alfaro

USACE, Sacramento District Attn: CESPK-CT-B (Tilden Brooks Jr.)

1325 J Street, Sacramento, CA 95814-2922 Tilden.l.brooks@usace.army.milmailto:Dennis.D.Wagner@usace.army.mil Telephone: 916/557-7929

NOTE: All invoices must reflect contract number

W91238-XX-X-XXXX and the final invoice must be marked “FINAL”.

b. Contract Payments

The Government shall pay the Contractor upon submission of Proper invoices for the services delivered and accepted for the portion of the work actually performed under the contract. Payment shall be made as indicated in the contract’s Payment Schedule not on percentage of completion. Deliverables as defined in the Payment Schedule of the contract must be accepted by the Government before payment will be made.

PHOTOS

Photo 1. Typical trash rack at landside inlet of Vineyard Dike drainage culverts.

Photo 2. Typical flapgate at waterside outlet of Vineyard Dike drainage culverts.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 23-SEP-2011 TO

07-NOV-2011

N/A N/A

FOB: Destination

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-15 Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009

JUN 2010

52.212-4 Contract Terms and Conditions--Commercial Items JUN 2010 52.222-50 Combating Trafficking in Persons FEB 2009 52.222-50 Combating Trafficking in Persons FEB 2009 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.246-4 Inspection Of Services--Fixed Price AUG 1996 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.204-7008 Export-Controlled Items APR 2010 252.232-7010 Levies on Contract Payments DEC 2006 252.234-7003 Notice of Cost and Software Data Reporting System NOV 2010

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2011)

(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 (APR 2010)(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 (JUN

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009.)

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (JUL 2010) (Pub. L.

111-5).

___ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note).

___ (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of

Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161).

___ (8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (JAN 2011) (15 U.S.C. 657a).

___ (9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (10) [Reserved].

XXX (11)(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.

___ (12)(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.

___ (13) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637 (d)(2) and (3)).

___ (14)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (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.

___ (iv) Alternate III (JUL 2010) of 52.219-9.

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

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

___ (17)(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.

___ (18) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting

(DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (19) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000)

(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004)

(U.S.C. 657 f).

___ (21) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C.

632(a)(2)).

___ (22) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business

(EDWOSB) Concerns (APR 2011).

___ (23) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible

Under the WOSB Program (APR 2011).

XXX (24) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

XXX (25) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010) (E.O. 13126).

XXX (26) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

XXX (27) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

___ (28) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

___ (29) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29

U.S.C. 793).

____ (30) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

_XXX (31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

___ (32) 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.)

___ (33) (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.)

___ (34) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b)

___ (35)(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 (36) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011).

___ (37) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d).

___ (38)(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.

___ (39) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (40) 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).

___ (41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

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

5150).

___ (43) 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))

___ (44) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

___ (45) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31

U.S.C. 3332).

XXX (46) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY

1999) (31 U.S.C. 3332)

___ (47) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).

___ (48) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

___ (49)(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) (SEP 2009) (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 (SEP 2009) (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 (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (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 $650,000 ($1.5 million 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 Veterans (SEP 2010) (38 U.S.C. 4212).

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

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(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).

(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)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days..

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vffar1.htm

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JUN 2011)

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.

___ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).

(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

(1) ___252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181).

(2) ___ 252.203-7003, Agency Office of the Inspector General (SEP 2010) (Section 6101 of Pub. L. 110-252, 41 U.S.C. 3509 note).

(3) ___ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C.

2416).

(4) ___ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (OCT 2010) (15 U.S.C. 637).

(5) ___ 252.219-7004, Small Business Subcontracting Plan (Test Program) (JAN 2011) (15 U.S.C. 637 note).

(6)(i) ___ 252.225-7001, Buy American Act and Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d, E.O. 10582).

(ii) ____ Alternate I (DEC 2010) of 252.225-7001.

(7) ____ 252.225-7008, Restriction on Acquisition of Specialty Metals (JUL 2009) (10 U.S.C. 2533b).

(8) ____ 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (JAN 2011) (10 U.S.C. 2533b).

(9) ____ 252.225-7012, Preference for Certain Domestic Commodities (JUN 2010) (10 U.S.C. 2533a).

(10) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C.

2533a).

(11) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN 2011) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).

(12) )(i) ___ 252.225-7021, Trade Agreements (JUN 2011) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).

(ii) ___ Alternate I (SEP 2008)

(iii) ___ Alternate II (DEC 2010) of 252.225-7021.

(13) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C.

2779).

(14) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C.

2755).

(15)(i) ____ 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (DEC 2010) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note).

(ii) ___ Alternate I (JUL 2009) of 252.225-7036.

(iii) ___ Alternate II (DEC 2010) of 252.225-7036.

(iv) ___ Alternate III (DEC 2010) of 252.225-7036.

(16) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C.

2534(a)(3)).

(17) ____ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts).

(18) ____ 252.227-7015, Technical Data--Commercial Items (MAR 2011) (10 U.S.C. 2320).

(19) ____ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321).

(20) XXX 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227).

(21) ____252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84).

(22) ____ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375).

(23) ____ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).

(24)____252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military Operations (OCT 2010) (Section 807 of Public Law 111-84).

(25)____ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Public Law 110-417).

(26)(i) ____ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(ii) ____ Alternate I (MAR 2000) of 252.247-7023.

(iii) ____ Alternate II (MAR 2000) of 252.247-7023.

(iv) ____ Alternate III (MAY 2002) of 252.247-7023.

(27) ____ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(1) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84).

(2) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375).

(3) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Public Law 110-417).

(4) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(5) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

Section K - Representations, Certifications and Other Statements of Offerors

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

MAY 2011

52.212-3 Offeror Representations and Certification--Commercial Items MAY 2011 252.204-7008 Export-Controlled Items APR 2010

Section L - Instructions, Conditions and Notices to Bidders

52.212-1 Instructions to Offerors--Commercial Items JUN 2008

CLAUSES INCORPORATED BY FULL TEXT

52.215-5 FACSIMILE PROPOSALS (OCT 1997)

(a) Definition. Facsimile proposal, as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is: 916 557-7524.

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document--

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

(End of provision)

Section M - Evaluation Factors for Award

EVALUATION FACTORS

EVALUATION FOR AWARD (MAR 2011)

The purchase order will be awarded to the low priced, compliant, responsive and responsible small business.