W9128F-09-P-0106.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)

$7 MIL

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

SEE ITEM 9

X

W9128F-09-T-0060 11-Jun-2009

b. TELEPHONE NUMBER

402-995-2089

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 18 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)

13-Jul-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

ETHNOSCIENCE INC

LYNELLE PETERSON

4140 KING AVE E

BILLINGS MT 59101-5444

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

0X466

TEL. 406-252-7945

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 G6H4PE0 16. ADMINISTERED BY

ENVIRON & ECONOMICS SECTION

USAED, OMAHA CENWO-PM-AE 1616 CAPITOL AVE

OMAHA NE 68102-4901

W9128F-09-P-0106 13-Jul-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

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

541690

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

W59XQG91321061

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 $100,375.52

0 COPIES

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

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

.OFFER DATED 18-Jun-2009 YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE W9128F-09-T-0060

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-0106

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum $100,375.52 $100,375.52 Ft. Peck Baseline Survey

FFP

The work will consist of the following:

A. An exhaustive search of all background literature on the project areas and interviews with persons knowledgable about the area;

B. Fieldwork to map the existing shoreline, and relocate or identify sites and their current lakeside boundaries; and C. Report preparation FOB: Destination

MILSTRIP: W59XQG91321061

PURCHASE REQUEST NUMBER: W59XQG91321061

NET AMT $100,375.52

ACRN AA

CIN: W59XQG913210610001

$100,375.52

ACCOUNTING AND APPROPRIATION DATA

AA: 96931350000 082417 25201G630J006230 NA 96252

AMOUNT: $100,375.52

CIN W59XQG913210610001: $100,375.52

ADDITIONAL INFORMATION

CONTRACTOR IS REQUIRED TO INCLUDE THE CONTRACT NUMBER W9128F-

09-P-0106 ON ALL INVOICES SO THAT RECEIPT AND PAYMENT FOR

PRODUCTS/SERVICES MAY BE EXPEDITIOUSLY PROCESSED.

MAIL ORIGINAL INVOICE TO: US ARMY CORPS OF ENGINEERS, OMAHA

OFFICE; ATTN: JULIE PRICE (CENWO-PM-AE); 1616 CAPITOL AVENUE; OMAHA,

NE 68102.

FOR ADDITIONAL TECHNICAL INFORMATION PLEASE CONTACT JULIE PRICE AT

(402)995-2706. 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.

SCOPE OF WORK

SCOPE OF WORK

BASELINE MONITORING

OF IDENTIFIED COUNTIES

FORT PECK LAKE, MONTANA

ARTICLE I. PURPOSE AND SCOPE

A. The purpose of this work is to meet the Department of the Army's Federal preservation legislation and associated implementing regulations. The most pertinent for this investigation are the following: Public Law 74-292, Historic Sites Act of 1935, as amended; Public Law 89- 665, National Historic Preservation Act of 1966 as amended; Public Law 91-190, National Environmental Policy Act of 1969 as amended; Public Law 95-341, American Indian Religious Freedom Act; implementing regulations 36 CFR Parts 60 and 61 Appendix A; and 36 CFR Part

800. A baseline inventory of all cultural resources and site conditions must be accomplished.

B. The work will consist of the following:

a. An exhaustive search of all background literature on the project areas and interviews with persons knowledgeable about the area;

b. Fieldwork to map the existing shoreline, and relocate or identify sites and their current lakeside boundaries; and

c. Report preparation.

The cultural resources investigation shall be conducted in a professional manner. For the purposes of this contract, cultural resources are defined as prehistoric and historic archeological sites. Cultural resources are defined as any site, building, district, structure, object, data, or material significant in history, architecture, archeology, or culture.

C. The study area consists of the Corps-managed shoreline of Fort Peck Lake, in Fergus and Petroleum Counties from the waters edge to the high pool elevation at 2,250 feet above mean sea level.

D. The Investigation:

1. Literature and Records Search. Information for the literature and records search shall be obtained from site forms, published and unpublished reports, theses, dissertations, and manuscripts available for this area. Sources to be investigated include the Montana State Historic Preservation Office. Individuals known to have knowledge concerning the sites should be consulted to obtain information that may not be available in the written sources. Any Consultation activities involving Tribal Historic Preservation Offices or Tribal Governments must be approved by the Cultural Resource Program Manager and coordinated with Omaha District and Project Office Personnel. Therefore, the Primary Contractor and any Sub-Contractor must advice the Cultural Resource Program Manager before communicating with Tribal Governments regarding this Contract.

2. Field Investigation. This investigation shall consist of a pedestrian survey of the shoreline of all lands owned by the U.S. Army Corps of Engineers that are located at Ft. Peck Lake, Montana. During the completion of the fieldwork the contractor will be required to comply with all the applicable provisions of the Programmatic Agreement for the Operation and Management of the Missouri River Main Stem System in Compliance with the National Historic Preservation Act as amended (Note: If human remains are found during the investigation all work must stop and the Corps notified. Further instructions will be given after notification).

The field examination shall be conducted in close coordination with the U.S. Army Corps of Engineers. The Contractor shall submit to the Corps Project Manager a weekly Field Progress Report, which will detail the activities completed during the week and purposed activities for the upcoming week. The Contractor shall submit this no later than the close of business day each Friday. Field crews shall be subject to periodic onsite inspection by Corps representatives, without prior notice. All vehicular traffic within the project area shall be restricted to existing roads.

Shovel tests shall be conducted in order to establish site boundaries for previously unrecorded sites, and the Contractor will establish permanent datums for any previously unrecorded sites. Geographic Positioning System (GPS) points shall be recorded to define the site boundaries and any major features contained therein. The newly identified sites will be mapped. including the surface/subsurface extent, shovel test units, artifact locations, and topographic elevations.

The contractor shall keep clear, legible, standard field records available and current.

These records shall include, but shall not necessarily be limited to: field notebooks, site forms, field maps, and photographs. Montana Dakota site forms will be filled out for the newly identified sites.

The Contractor shall record any diagnostic artifacts but all artifacts will be left in their current context and not retained by the contractor. All shovel test units will be backfilled.

Identified sites will be mapped by use of global positioning system (GPS equipment and coordinates reported in UTMs). This will include the surface/subsurface extent, shovel test units, artifact locations, and topographic elevations.

3. Analysis. All information recovered will be analyzed in such a manner that it provides answers to research topics and is used to determine integrity.

All diagnostic artifacts shall be documented with both good quality black and white, and color photographs that include a size scale.

The contractor is responsible for shipping all records to the government. All data will be stored in containers clearly marked "Property of the U.S. Army Corps of Engineers, Omaha District”.

4. Investigation Report. The Contractor shall prepare a comprehensive investigation report, which details the work done, the investigation results, and recommendation for additional work. The report shall include, but shall not be limited to, the following sections:

a. Report Documentation Page, SF 298. Complete all pertinent sections The Corps of Engineers will supply this form.

b. Title Page. This will contain the title, study type, location, project name and counties, report date, name of Contractor, author/Principal Investigator, and Corps of Engineers contract number.

c. Abstract. This is a brief synopsis of the work conducted, number and types of cultural resources identified and overall significance, and a summary of the management recommendations, which shall not exceed 150 words.

d. Introduction. Identify the Corps of Engineers and contractor and the purpose for the investigation, discuss the type of investigation performed and location, indicate the disposition of the artifacts floral and faunal specimens, and original records or other data. Discuss the report organization.

e. Regional Location and Environment. This is a description of the site location, including physical features and terrain, past and present vegetation and fauna, field conditions, past and present land uses, and weather conditions during fieldwork. The study area must be discussed within the larger framework of the physical region.

f. Previous Work. This will contain an enumeration and description of all previous cultural resources investigation(s) conducted in the study area, name(s) of Principal Investigator(s), dates of the studies, study results, and an overview of the general adequacy and deficiencies of the past work

g. Overview. Detail the relationship of the cultural history study area to the regional cultural history.

h. Methods. Present the procedures used to accomplish the research design. Discuss how the fieldwork was organized, scheduled, and undertaken, and how the interviews were determined, held, and how the information was used. Detail the methods used to analyze the data recovered from the field.

i. Results. The information provided in this section shall include, but shall not be limited to: site names, site numbers, site types (lithic scatter, farmstead, mound, etc.), component(s) or probable component(s), elevation, a verbal description of the topographic position of the site, site size (horizontal and vertical), present vegetation, ground surface visibility at time of field investigation (in percent), condition (discuss the known past, present, or projected impacts), discussion of the artifact and other analyses, describe features and their distribution by component, and display site and important feature maps. Artifacts in drawings and photo sketch maps are not acceptable for use in the report.

j. Recommendations. The results of the recommendations will be used to determine the integrity of the site, supplement what is presently known about it, and assist in the determination of follow-up actions.

k. References. Use the American Antiquity format for every publication, work, or interview cited in the report.

l. Appendices. Completed site or site update forms used during the investigation, maps, and photographs.

ARTICLE II. CONTRACTOR, INSTITUTIONAL, OR CORPORATION

QUALIFICATIONS

A. The minimum professional qualifications for the Principal Investigator, prehistoric and historical archeologists, and key consultants (e.g., architectural historian) are those given in 36 CFR Part 61, Appendix A - Professional Qualifications. Consultants and supervisory personnel not covered in this CFR who are hired or subcontracted for their special knowledge and expertise must carry academic and experiential qualifications in their own fields of competence. The guidelines in paragraph (b) of this regulation will apply. Such qualifications are to be documented by means of vitae or resume attachments submitted with the proposal or at a later time if the consultant has not been retained at the time of proposal.

B. Principal Investigator must periodically check on the progress of the work each week and be available to advise or instruct personnel should any problems develop. The Government may send a representative to inspect the various phases of the operations and review project records with prior notification. All aspects of the field examination shall be conducted by or under the direct supervision of a qualified archeologist.

C. Any change in personnel after the award of contract must be approved by the Contracting Officer. A person replacing a vacated position must have a comparable background and knowledge of the study area to maintain the same level of expertise and quality of performance.

Failure to make an acceptable replacement could result in cancellation of the contract.

D. The Contractor must provide or demonstrate access to the following capabilities:

1. Adequate permanent field and laboratory equipment necessary to conduct operations defined in the scope of work. However, this qualification may be waived under circumstances of extreme need through negotiation.

2. Adequate office space and facilities for analysis of records likely to be obtained from the project, and report preparation. This does not include such specialized facilities as pollen, geochemical, or radiological laboratories, but does include facilities sufficient to properly preserve or stabilize specimens for any subsequent specialized analysis.

E. Persons working under this contract are considered to be carrying out official agency duties under Federal direction, associated with the management of archeological resources and therefore are exempt from obtaining an Archeological Resources Protection Act Permit per 43CFR Part 7 – Protection of Archeological Resources or an Antiquities Permit per Section 5(c) of 32 CFR Part 229 - Protection of Archaeological Resources Uniform Regulations.

ARTICLE III. DELIVERABLES AND PERFORMANCE

A. Work Schedule

1. Five (5) copies of the completed draft report shall be submitted to:

U.S. Army Corps of Engineers, Omaha District ATTN: CEMRO-PM-AE (Price) 1616 Capitol Avenue Omaha, Nebraska 68102

The draft will be edited for major spelling and grammatical errors prior to submittal for review and comment, or it will be returned for correction. The draft report will be submitted 150 calendar days after the contractor is notified to proceed. The Government shall have a maximum of thirty calendar days to review and comment. The contractor shall have thirty calendar days to include the review comments into the final report and submit the final original report with all negatives, photographs, maps, charts, tables, and standard drawings to the Government. The final edited text shall be prepared on 8-1/2 X 11-inch bond paper, single-spaced, and will be reproduced by the contractor for distribution to appropriate State and Federal agencies.

2. The Contractor is expected to pursue the study in a professional manner to meet the target dates. Neither the Contractor nor his representatives will release or publish any sketch, photograph, report, or other material of any nature obtained or prepared while this contract is in effect without specific written approval of the Contracting Officer's Representative.

B. Release of Information Neither the Contractor nor his representatives will release or publish any sketch, photograph, report, or other material of any nature obtained or prepared under this contract without specific written approval of the Contracting Officer's Representative.

C. Inspection and Acceptance The Government may, at any reasonable time, inspect the progress of the work. Such inspection, however, shall not be performed in such a way as to unduly affect the progress of the work. Final acceptance of the work will be made upon successful completion of the work required under the contract.

D. Government Provided Materials

1. GIS access to maps of the project areas for identification of management units, existing cultural resource sites and specific location data

2. Engineering Form 93 – Payment Request

3. Example Progress Report

4. SF298- Report Documentation form

E. Method of Payment

Payment for services rendered will be made as follows: Twenty-five percent (25%) of the contract amount is payable upon award of the contract, twenty-five percent (25%) of the contract amount is payable at the completion of the fieldwork, and twenty-five percent (25%) of the contract amount is payable upon receipt of the draft report by the Government. The remaining 25% will be paid upon the Government's acceptance of the final report.

ARTICLE IV. GENERAL SAFETY REQUIREMENTS

The Service Contract General Provisions Section 41, Service Contract Act of 1965, as amended, subparagraph (g) requires the contractor not to permit work under this contract in unsanitary or dangerous locations. Proper health and safety standards (29 CFR 1925) are to be followed for the duration of the contract.

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.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.

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

Jobs created means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act).

This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

Jobs retained means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

Total compensation means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) ( FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6). Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government's on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor’s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor’s workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System (NAICS) code.

(vi) Funding agency.

(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(xi) Names and total compensation of each of the subcontractor’s five most highly compensated officers, for the calendar year in which the subcontract is awarded if—

(A) In the subcontractor’s preceding fiscal year, the subcontractor received—

(l) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

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)…