W9128F-09-P-0087.pdf

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

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

964145

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

SEE ITEM 9

X

W9128F-09-T-0054 27-May-2009

b. TELEPHONE NUMBER

402-995-2089

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 02 Jun 2009

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)

18-Jun-2009

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

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

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

FEDERAL CONTRACTS CORP

ALLEN MAYHUGH

13797 N NEBRASKA AVE

TAMPA FL 33613-3320

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

3VCK4

TEL. 813-361-9494

W9128F

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

US ARMY CORPS OF ENGRS FINANCE CENTER

5722 INTEGRITY DRIVE

MILLINGTON TN 38054-5005

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

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

W9128F-09-P-0087 18-Jun-2009

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

BRANDY R EAVES

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

REF:

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

333120

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

W59XQG91665587

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

LEE M MCCORMICK / CONTRACTING OFFICER

TEL: (402)995-2084 EMAIL: lee.m.mccormick@us.army.mil

See Schedule $72,915.00

1 COPIES

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

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

.OFFER DATED 01-Jun-2009 YOUR OFFER ON SOLICITATION

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

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

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

PAGE 2 OF

23. UNIT PRICE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

W9128F-09-P-0087

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum $72,915.00 $72,915.00

REPLACEMENT OF EXISTING BACKHOE LOADER

FFP

NEW BACKHOE LOADER $84,915.00

TRADE IN (12,000.00)

TOTAL $72,915.00

TRADE-IN VIN #: 82K0053

PROPERTY BARCODE: 70830

EQUIPMENT I.D.: 15-21

FOB: Destination

MILSTRIP: W59XQG91665587

PURCHASE REQUEST NUMBER: W59XQG91665587

NET AMT $72,915.00

ACRN AB

CIN: W59XQG916655870002

$72,915.00

SPECIFICATIONS

SPECIFICATION

TRACTOR, WHEELED WITH LOADER/BACKHOE

PART 1 - GENERAL REQUIREMENTS

1.0 SCOPE

It is intended by this specification to obtain a new, current year manufacture, TRACTOR, WHEELED, GENERAL PURPOSE INDUSTRIAL, WITH LOADER/BACKHOE that is the manufacturer's latest design and production, complete, serviced, ready for work and includes all standard equipment, unless otherwise indicated in this specification.

1.1 GENERAL

It shall consist of a hydraulically operated front end loader and extendable backhoe complete with operator cab, engine, hydraulic system mounted on a heavy duty industrial general purpose four wheel drive tractor. The unit shall have adequate strength and durability and shall have any special features necessary for normal operation. Both loader and backhoe assemblies shall be of heavy duty construction and be of such design and construction as to allow sufficient strength and design to adequately support the machinery mounted on the tractor at all recommended lifting capacities.

1.1.1 Classification

The Tractor with Loader/Backhoe and fully enclosed ROPS cab shall conform to one of the following styles and sizes as specified. Comparable to standard manufacturer models: Case 590 Super M Series 2, Caterpillar 430 E Tier 3, or John Deere 410J, or equal.

1.2 TRADE-IN CREDIT

The project will furnish one (1) - 1993 Caterpillar 416B Loader/Backhoe unit with 2406 operating hours on January 30, 2009 as a trade-in unit to be exchanged at time of delivery of new operating unit. Supplier of new replacement unit to be responsible for transport of this unit from Fort Thompson, SD to supplier's point of origin.

1.2.1 General Condition and Repair Information

Recent repairs to the existing trade-in 1993 Cat 416B Backhoe/Loader consist of: new hydraulic pump in 2007.

1.3 SUBMITTALS

Product verification descriptive literature notating the specifications, accessories and all other data that pertains to the unit shall be submitted with the bid. Manufacturers standard product warranty must be submitted with the bid .

PART 2 - EQUIPMENT REQUIREMENTS

2.1 ENGINE

The unit shall be equipped with a four cylinder diesel engine. The engine shall have a minimum SAE net horsepower of 95 and displacement of 265 cubic inches. The engine will be equipped with a block heater with a plug for 120 volts AC current and a cold weather starting kit with controls in the cab.

2.2 TRANSMISSION

The unit shall be equipped with a minimum of a full power or auto shift transmission with four forward and three reverse speeds. Unit will be equipped with ride control feature to minimize rocking motion while in forward travel mode. Unit will be equipped with a back-up warning alarm when reverse gears are engaged.

2.3 BRAKES

Brakes shall be two wheel wet disc type, sealed and fully enclosed to allow operation in water, mud, snow and other adverse conditions without encountering brake fade.

2.4 DRIVE AXLES

The unit shall be equipped with a foot operated, automatic release, rear differential lock engage able under full engine RPM. Front axle will be capable of cab engage able front wheel assist four wheel drive operation.

2.4.1 Tires

The tires shall be a mud and snow all terrain radial rated for the machine.

2.4.2 Fenders

The unit will be equipped with front and rear fender covers of the manufacture's design to prevent the splatter of mud and water on the unit and adjacent traffic that would inhibit visibility during operation.

2.5 STEERING

The unit shall have front wheel full power steering with emergency dead engine steering capability.

2.6 HYDRAULIC SYSTEM

Hydraulic system shall have variable displacement pumps with load sensing for maximum fuel efficiency. Main control valves shall provide for straight propel with simultaneous, arm and bucket functions. The unit shall have operator selectable applications mode control of hydraulic and engine output to provide maximum fuel efficiency in varying job conditions. Minimum hydraulic flow for the main hydraulic system shall be not less than 40 gallons per minute to provide adequate flow to all functions.

2.7 BACKHOE

A heavy duty 24 inch wide bucket that has a minimum capacity of 7.5 cubic feet with replaceable teeth. The digging depth shall not be less than 15-feet 5-inches. The unit shall have a minimum backhoe bucket cylinder digging force of 14,500 pounds. The unit shall have a SAE J31 minimum backhoe lifting capacity of 3,000 pound and ground level through a full 180 degree swing arc. The unit shall have a minimum 3-foot 9-inch extendable dipperstick. A minimum of 200 degree bucket rotation shall be maintained to help decrease bucket spillage during truck loading operations.

2.8 LOADER

The loader shall be self leveling. Equipped with an automatic return to dig capability. Equipped with a heavy duty general purpose bucket with manufacturer furnished cutting edge and rated at a minimum of 1.25 cubic yard SAE heaped capacity. Minimum SAE loader lift capacity of 6,000 pounds at full height and minimum dump clearance of 8-feet 4-inches at 45 degrees.

2.9 COOLING SYSTEM

Pressurized liquid cooling system with thermostat. Radiator shall be filled with manufacturer's approved anti-freeze solution that provides protection to at least -30 degrees F.

2.10 ELECTRICAL

Batteries shall be a minimum reserve capacity rating of 300 minutes. Alternator shall be a minimum of 25 amps.

2.11 INSTRUMENTATION

The unit shall be equipped with gauges and/ or monitoring system that will include: engine coolant temperature, engine oil pressure, hydraulic oil level, alternator charge indicator, fuel capacity gauge, and electric hour meter. Engine coolant temperature and engine oil pressure shall include both audible and visual warnings.

2.12 CAB

The cab shall be SAE ROPS/FOP certified with all-weather steel, lockable, isolation mounted and sound proof. The unit shall be equipped with an adjustable, suspension seat with padded arm rests. For optimum ventilation the door and left door window shall be capable of being locked open. The rear window shall be storable. The cab shall be heated with defrost capabilities and be equipped with interior light, windshield wiper-washers and tinted safety glass. The cab exterior shall include a lighting package of two front and two rear halogen work lights, two front and two rear flashing turn signal lights, two stop lights, two tail lights, an interior dome light, and an exterior strobe light centered on the top of the cab.

2.13 WARRANTY

Manufacturer's warranty shall be a minimum of 12 months on entire machine and 36 months on the power train and hydraulic systems.

2.14 MANUALS

Two copies of the Manufacturer Operator's Manual and one full copy of the Manufacturer Parts and Repair Manuals shall be furnished with the unit.

2.15 TRAINING AND FIRST SERVICING

The successful bidder shall provide a minimum of 4 hours of on-site operator and preventive maintenance training within 10 operations working days of delivery. The bidder will also provide first servicing for the unit on-site after the COE notifies the bidder that the unit has reached its first break-in service period.

PART 3 - DELIVERY/ CONTACTS

The bidder shall include all shipping/handling charges to deliver equipment to:

US ARMY CORPS OF ENINEERS

Big Bend Project Lake Sharpe Drive Hwy 47 N.

Ft. Thompson, SD 57339

All submittals and correspondences shall be directed to:

US ARMY CORPS OF ENGINEERS

Attn: Brandy Eaves (CECT-NWO) Omaha Office 1616 Capitol Avenue Omaha, NE 68102-4901

Project Contacts:

Contractual: Brandy Eaves, Contract Specialist

(402) 995-2089 brandy.r.eaves@usace.army.mil

Technical: Michael J. Trumm, Civil Engineer

605-245-2255 x3268 michael.j.trumm@usace.army.mil

Billing: Wanda Parent, Purchasing Agent 605-245-2255 x3282 wanda.j.parent@usace.army.mil

ADDITIONAL INFORMATION

CONTRACTOR IS REQUIRED TO INCLUDE THE CONTRACT NUMBER W9128F-

09-P-0087 ON ALL INVOICES SO THAT RECEIPT AND PAYMENT FOR

PRODUCTS/SERVICES MAY BE EXPEDITIOUSLY PROCESSED.

mailto:michael.j.trumm@usace.army.mil mailto:wanda.j.parent@usace.army.mil

MAIL ORIGINAL INVOICE TO: US ARMY CORPS OF ENGINEERS, BIG BEND

PROJECT OFFICE; ATTN: JEFFRY WILLIAMSON (CENWO-OD-BB); 33573 NORTH

SHORE ROAD; FORT THOMPSON, SD 57325-4513.

FOR ADDITIONAL TECHNICAL INFORMATION PLEASE CONTACT JEFFRY

WILLIAMSON (605)245-2255. BRANDY EAVES MAY BE CONTACTED WITH ANY

CONTRACTUAL CONCERNS AT (402) 995-2089.

STATE AND LOCAL SALES TAX (JAN 1982)

THE US ARMY CORPS OF ENGINEERS IS EXEMPT FROM PAYING STATE AND

LOCAL TAXES PER TITLE 4, UNITED STATES CODE 104-107.

THE GOVERNMENT SHALL HAVE THE RIGHT TO CANCEL THIS ORDER BY THE

AUTHORITY OF FAR CLAUSE 52.212-4(L), TERMINATION FOR CONVENIENCE OF

THE GOVERNMENT, UPON A WRITTEN NOTIFICATION FORWARDED TO THE

CONTRACTOR.

CONTRACTOR QUOTE

1 – NEW CATERPILLAR 430E BACKHOE LOADER equipped as follows:

430E BHL ST ACERT TIER 3

430E Single Tilt Loader

BACKHOE:

15’3” Center pivot excavator style backhoe Pilot operated joystick hydraulic controls with pattern changer valve Pilot operated stabilizer controls Boom transport lock Swing transport lock Grouser type stabilizer shoes Anti-Drift Hydraulics (Boom, Stick, and E-Stick) Cat Cushion Swing (tm) system

ELECTRICAL:

12 volt electrical start 120 ampere alternator Horn Backup alarm Hazard flashers/turn signals Halogen head lights (4) Halogen rear flood lights (4) Stop and tail lights

Audible system fault alarm Key start/stop system 880 CCA maintenance free battery Battery disconnect switch External/internal power receptacles (12v) Diagnostic ports for engine and machine Electronic Control Modules

LOADER:

Bucket level indicator Lift cylinder brace Return-to-dig (auto bucket positioner) Self-leveling loader with single lever control Transmission neutralizer switch Single Tilt Loader

OPERATOR ENVIRONMENT:

Lighted gauge group Interior rearview mirror Rear fenders ROPS canopy 2-inch retractable seat belt Tilt steering column Steering knob Hand and foot throttle Automatic Engine Speed Control One Touch Low Idle Floor mat Coat hook Two lockable storage areas Drink and lunch box holders Air suspension seat

POWERTRAIN:

Cat C4.4 102HP Direct Injection Turbo Charged engine with ACERT Technology, US EPA Tier 3/EU Stage IIIa Emissions Compliant Water separator with service indicator Thermal starting aid system A dry-type axial seal air cleaner with integral precleaner, automatic dust ejections system and filter condition indicator Hydraulically boosted multi-plate wet disk brake with dual pedals and interlock Differential lock Drive-line parking brake High Ambient Cooling Package Torque converter

Transmission – four speed synchro mesh with power shuttle and neutral safety switch Spin-on fuel, engine oil, and transmission oil filters Outboard planetary rear axles Open Circuit Breather

OTHER STANDARD EQUIPMENT:

Hydrostatic power steering Tool box Transport tie-downs Ground line fill fuel tank with 45 gallon capacity Rubber impact strips on radiator guards Bumper CD-ROM Parts Manual Backhoe Safety Manual Operations and Maintenance Manual Lockable hood Valve stem protection

HYDRAULICS:

Load sensing, variable flow system with 43 gpm axial piston pump 5 micron spin-on hydraulic filter O-ring face seal hydraulic fittings Caterpillar XT-3 hose Hydraulic oil cooler Pilot control shutoff switch PPPC, Flow-sharing hydraulic valves

430E BHL ST ACERT TIER 3

E-STICK

HYDRAULICS, BH, 5 FUNCTION

BUCKET, 1.25 CYD GP

HYDRAULICS, LOADER, GP

CAB, STANDARD

BELT, SEAT, 2: SUSPENSION

POWERTRAIN, 102HP, 4WD, STD SHIFT

COUNTERWEIGHT, 1075 LBS

STABILIZER PADS, GROUSER TYPE

MANUALS, ENGLISH

INSTRUCTIONS, ANSI

TIRES 4WD BIAS FIRESTONE

BUCKET, 24: 6.2 CFT HD

BATTERY, HEAVY DUTY

BEACON, MAGNETIC MOUNT

HEATER, ENGINE COOLANT, 120V

CUTTING EDGE, TWO PIECT

INCLUDES FIRST 250 HOUR MAINTENANCE

INCLUDES 4 HOUR OPERATOR MAINTENANCE TRAINING

INCLUDES (2) PARTS/OPERATORS/SERVICE MANUALS

WARRANTY – 12 MONTHS ENTIRE MACHINE & 36 MONTHS

POWERTRAIN AND HYDRAULICS

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 30-SEP-2009 1 BIG BEND PRJ OFC TECH SPT SEC

USAED,OMAHA CENWO-OD-BB-T HC 69

BOX 74

CHAMBERLAIN SD 57325

FOB: Destination

G6R0AT0

ACCOUNTING AND APPROPRIATION DATA

AB: 96931350000 082417 310061852H001420 NA 96252

AMOUNT: $72,915.00

CIN W59XQG916655870002: $72,915.00

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Items MAR 2009 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

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/ www.dtis.mil/dfars www.recovery.gov

(End of clause)

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.

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 http://farsite.hill.af.mil/ http://www.dtis.mil/dfars http://www.recovery.gov/ 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.

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (APR 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

(Section 1553 of Pub. L. 111-5).

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

___ (4) 52.219-3, Notice of HUBZone Small Business Set-Aside (Jan 1999) (15 U.S.C. 657a).

___ (5) 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).

___ (6) [Reserved].

_√__ (7)(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.

___ (8)(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.

___ (9) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)).

___ (10)(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.

___ (11) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

___ (12) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (13)(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.

___ (14) 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).

___ (15) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000)

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

___ (16) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004)

(U.S.C. 657 f).

_√__ (17) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C.

632(a)(2)).

_√__ (18) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

_√__ (19) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126).

_√__ (20) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

_√__ (21) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

_√__ (22) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of theVietnam Era, and Other

Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

_√__ (23) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29

U.S.C. 793).

___ (24) 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).

___ (25) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004)

(E.O. 13201).

___ (26) 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 June 30, 2009.)

___ (27)(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.)

___ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) .

___ (29)(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.

_√__ (30) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d).

___ (31) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (FEB 2009) (41 U.S.C. 10a-

10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

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

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

___ (32) 52.225-5, Trade Agreements (MAR 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_√__ (33) 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).

___ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

___ (36) 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))

___ (37) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

_√__ (38) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31

U.S.C. 3332).

___ (39) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY

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

___ (40) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

___ (41) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

___ (42)(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) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). Applies to subcontracts funded under the Act.

(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 June 30, 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.

52.215-2 AUDIT AND RECORDS--NEGOTIATION (MAR 2009)

(a) As used in this clause, "records" includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor's plants, or parts of them, engaged in performing the contract.

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

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

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

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

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

(d) Comptroller General. (1) The Comptroller General of the United States, or an authorized representative, shall have access to and the right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract or a subcontract hereunder and to interview any current employee regarding such transactions.

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

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

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

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

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

(g) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract that exceed the simplified acquisition threshold, and--

(1) That are cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable type or any combination of these;

(2) For which cost or pricing data are required; or

(3) That require the subcontractor to furnish reports as discussed in paragraph (e) of this clause.

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

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (MAR 2009)

(a) Definitions.

"Commercial item", has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.

"Subcontract", includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

(c) (1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(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) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). Applies to subcontracts funded under the Act.

(iii) 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.

(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(a)).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 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). Flow down as required in accordance with paragraph (g) of FAR clause 52.222-39).

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

(ix) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241 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 flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

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 immediately precedes a data field that defines the general category or intended use of the data that follows.

DoD recognized unique identification equivalent means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.

Enterprise means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency.

Government's unit acquisition cost means--

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

Issuing agency means an organization responsible for assigning a non-repeatable identifier to an enterprise (i.e., Dun & Bradstreet's Data Universal Numbering System (DUNS) Number, GS1 Company Prefix, or Defense Logistics Information System (DLIS) Commercial and Government Entity (CAGE) Code).

Issuing agency code means a code that designates the registration (or controlling) authority for the enterprise identifier.

Item means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

Lot or batch number means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

Machine-readable means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

Original part number means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit,…