09-T-0106.doc

IMPORTANT INFORMATION

BEFORE YOU CALL PLEASE MAKE SURE YOU HAVE READ THE FOLLOWING: Important Information Sheet, Bid Preparation Checklist Sheet, and the Solicitation/Contract/Order for Commercial Items.

IF ALL REQUIRED MATERIALS ARE NOT RECEIVED, YOUR QUOTE WILL NOT BE CONSIDERED.

All questions pertaining to the actual work and previous price should be directed to the Corps POC. You can find the Corps POC and telephone number located at the top of page 7 of the Solicitation.

Questions pertaining to completing the Solicitation only, contact Linda Stephens at 918-669-7279, if not available call Sherri Stangle at 918-669-7105 or Sharon Bruce at 918-669-7281.

Use the Bid Preparation Checklist while you are completing the Solicitation.

For all wage rates questions, call 918-669-4909.

Regular office hours: Monday to Friday, 7:45 am to 4:30 pm CST.

Fax quotes are acceptable. Fax your quote on or before the offer due date. See Standard Form 1449, page 1 block 8. You must complete and fax all required pages. Fax number is 918-669-7436, if unavailable use

918-669-7495. Email quotes are not acceptable.

If mailing your quote, mail it early enough so it will arrive on time. Your quote must be received by the closing date stated in Standard Form 1449, page 1 block 8. Write or type at the bottom left corner of the envelope the solicitation number, see block 5.

RETURN SOLICITATION TO:

LINDA STEPHENS, CESWT-CT-C

TULSA DISTRICT, CORPS OF ENGINEERS

1645 S. 101st EAST AVE

TULSA OK 74128-4609

IN ORDER FOR YOUR QUOTE TO BE CONSIDERED RESPONSIVE, ALL REQUIRED MATERIAL MUST BE COMPLETED AND RECEIVED IN THE ISSUING OFFICE ON OR BEFORE THE OFFER DUE DATE.

Please allow at least one (1) week from the solicitation offer due date before checking website for award information. After the contract is awarded and signed, award information will be posted on FedBizOpps, http://www.fob.gov. No emails please!

BID PREPARATION CHECKLIST

All information required by the terms of the Solicitation must be furnished. Mistakes or omissions can be costly. Important items for you to check are included, but not limited to those listed below. This checklist is furnished only to assist you in submitting a proper quote. PLEASE USE THIS CHECKLIST AS YOU COMPLETE THE SOLICITATION.

____ Have you obtained a DUNS number? See Clause 52.204-6, Data Universal Numbering System (DUNS) Number. Write DUNS number on the Reference page or on Standard Form 1149, page 1, block 17a.

____ A CAGE code is another mandatory data element for being registered in the CCR. A CAGE code can be obtained from the Defense Logistics service Center (DLSC) by contacting Customer Service and marking menu selections at 888-352-9333, Fax 616-691-5305 or email dsc-cso@disc.dla.mil. If registration forms for USA companies are submitted without the CAGE code, one will be assigned.

____ Have you registered in Central Contracting Registration Database (CCR)? See Clause 52.204-7, Central

Contractor Registration. If you are not registered, you must begin the process immediately. You do not have to be registered to submit a quote, but you can’t be awarded a contract without being registered. http://www.bpn.gov. Complete representations and certifications at http://bpn.gov in conjunction with the CCR database and RFQ/Solicitation. The name you use to submit a quote must be the exact name you use to register in CCR.

_____ Check the NAICS code on this Solicitation on page 1, block 10. Make sure the NAICS code is listed on your CCR registration and/or your ORCA registration. If it is not listed, you must add it.

____ See Clause 52.204-8, Annual Representations and Certifications. Have you completed the representations and certifications electronically via the Online Representations and Certifications

Application (ORCA) website at http://bpn.gov?

____ If required, have you entered a unit price for each line item? The amount column is for the total amount.

Before entering prices on the bid schedule recheck all working papers. Are your figures legible? Are the extensions of your unit price and your total price correct?

____ All erasures and/or corrections must be initialed by the person signing the RFQ./Solicitation.

____ Have you acknowledged all amendments, if any have been issued? Procedure for acknowledgement of amendments is stated in block 11 of the amendment.

____ Fax quotes are acceptable. Fax your quote along with all required pages on or before the date

Quotations are due in the issuing office. Fax to 918-669-7436, if unavailable use 918-669-7495.

____ Have you provided a telephone number you can be reached during the business hours of 7:45 am to 4:30 pm CST?

____ Block 12, Discount for Prompt Payment. If you are offering a discount. A prompt payment discount is the amount you invoice will be discounted if the Government pays your bill early. For example: If your invoice is for $100 and you offer a discount of 1% within 20 days, and the Government pays you within 20 days, your payment would be $99.

____ Be sure to properly complete your quotation. Check all appropriate blocks. In order for your quotation to be considered responsive, you must complete and return pages: 1, 6-9, 25, 27, 33, and amendment, page 1 (if any were issued).

BID PREPARATION CHECKLIST (CONT)

NOTE: IF ALL OF THE INFORMATION IS NOT PROVIDED, YOUR QUOTE WILL NOT BE CONSIDERED.

Only if you have not registered in ORCA , please complete and submit the following:

Amendment (If applicable): Page 1, blocks 8, 15A, 15B, and 15C

Page 1, Block 12: A discount term is the amount your invoice will be discounted if the Government pays your bill early. For example, if your invoice is for $100 and you offer a discount of 1 percent within 20 days, and the Government pays you within 20 days, you would receive $99.

Block 17a: PRINT OR TYPE the name, address, and telephone number of your company exactly as you are registered in the CCR database.

Block 30a: Put your signature in this block

Block 30b: PRINT OR TYPE your name and title

Block 30c: Date signed

References Page 5: Write your email address (if you have one), DUNS number, answer the question, and provide three (3) work references.

Pages 6-9: Bid Schedule, unit price column and amount column

Page 25: Paragraphs 52.212-3(c)(1), (2), (3), (4), and (5). Check appropriate answer for each set of parenthesis.

Page 27: Paragraphs 52.212-3 (11) and (d)(1)(i), (ii) (2)(i) and (ii). If applicable check appropriate answer

Page 33: Paragraphs 52.212-3(3), (4), and (5): Complete information and check appropriate answer for each set of parenthesis.

REFERENCES

Email address: ____________________________________________________________

DUNS number: ________________________________

Have you/your company had a contract with the Tulsa District, Corps of Engineers before? _____ Yes

_____ No. If your answer is no, you must provide three business references in the spaces provided below:

COMPANY ________________________________________________________________

CONTACT PERSON _________________________________________________________

ADDRESS _________________________________________________________________

TELEPHONE ______________________________________________________________

COMPANY ________________________________________________________________

CONTACT PERSON ________________________________________________________

ADDRESS _________________________________________________________________

TELEPHONE ______________________________________________________________

COMPANY ________________________________________________________________

CONTACT PERSON ________________________________________________________

ADDRESS _________________________________________________________________

TELEPHONE ______________________________________________________________

CORPS POC: KELITA STEPHENS, 918-669-7002

SOLICITATION PREPARED BY: LINDA STEPHENS, 918-669-7279

As noted on the face of SF 1449, this is a Request for Quotations. As such, this procurement is being conducted in accordance with Simplified Acquisition Procedures of FAR Part 13. Any reference to offers or bids or offerors or bidders should be substituted with quotations or quoters. All reference to discussions shall not be interpreted per FAR Part 15, but rather indicated the Government may communicate with quoters as allowed under simplified acquisition procedures. In addition, clause 52.212-1 Instruction to Offerors—Commercial Items (Sept 2006) paragraph (f) is hereby deleted.

NOTE: This requirement is being solicited on a brand name or equal basis. If providing an “or equal” item, please provide information for the item proposed below. Also, please review attached clause

FAR 52.211-6, Brand Name or Equal, for additional submittal requirements. If quoting as specified, please include the notation “quoting as specified” on the brand name line below.

ARRA FUNDS - KEYSTONE - Gage, Wire Weight, USGS, Rickly Hydrological Co. Part No. 801-100, Model 8500 or equal

QUOTED ON:

Manufacturer _______________________________

Model No. __________________________________

FOB: Destination

MILSTRIP: W44XGQ92129393

PURCHASE REQUEST NUMBER: W44XGQ92129393

NON-ARRA FUNDS - Wire Weight Gage Brake, Rickly Hydrological Co. Part No. 801-125 or equal

Manufacturer _______________________________

Model No. __________________________________

FOB: Destination

NON-ARRA FUNDS - Shipping for Item Nos. 0001 and 0002

FOB: Destination

ARRA FUNDS - FORT GIBSON - Gage, Wire Weight, USGS, Rickly Hydrological Co. Part No. 801-100, Model 8500 or equal

Manufacturer _______________________________

Model No. __________________________________

FOB: Destination

NON-ARRA FUNDS - FORT GIBSON – Wire Weight Gage Brake, Rickly Hydrological Co. Part No. 801-125 or equal

Manufacturer _______________________________

Model No. __________________________________

FOB: Destination

NON-ARRA FUNDS - Shipping for Item Nos. 0004 and 0005

ARRA FUNDS - EUFAULA - Gage, Wire Weight, USGS, Rickly Hydrological Co. Part No. 801-100, Model 8500 or equal

Manufacturer _______________________________

Model No. __________________________________

FOB: Destination

NON-ARRA FUNDS - Wire Weight Gage Brake, Rickly Hydrological Co. Part No. 801-125 or equal

Manufacturer _______________________________

Model No. __________________________________

FOB: Destination

NON-ARRA FUNDS - Shipping for Item Nos. 0007 and 0008

ARRA FUNDS -TEXOMA - Gage, Wire Weight, USGS, Rickly Hydrology Co. Part No. 801-100, Model 8500 or equal

Manufacturer _______________________________

Model No. __________________________________

FOB: Destination

NON-ARRA FUNDS - Wire Weight Gage Brake, Rickly Hydrological Co. Part No. 801-125 or equal

Manufacturer _______________________________

Model No. __________________________________

FOB: Destination

NON-ARRA FUNDS - Shipping for Item Nos. 0010 and 0011

DELIVERY INFORMATION

USAED TULSA 1645 S. 101 EAST AVENUE

TULSA OK 74128-4609

M5L1IG0

SPECIFICATIONS FOR WIRE WEIGHT GAGE

The wire weight gage shall the USGS wire weight gage model 8500 from Rickly Hydrological or equal. The device is mounted over water to make manual readings for the water stage using a counter and graduated disc for data to 0.01 feet. The device must have a check bar to verify the gage settings. It shall include the weight and cable. The wire weight must be vandal resistant. The protective cover must be able to be locked in place.

The wire weight gage is to be delivered to US Army Corps of Engineers, Tulsa District, Hydrology and Hydraulics Branch, 1645 S. 101st East Avenue, Tulsa, Oklahoma 74128-4609, with a delivery date within 6 months after award.

USGS Wire Weight Gage - Model 8500 or Equal A wire weight gage is a device that can be bolted to a bridge or railing or other appurtenance over a body of water to obtain water surface gage heights. It is manually read by opening the protective cover and cranking down a weight until the weight touches the water. A counter is provided to automatically give the output of the cable and determine the water height in increments of 0.01 feet.

A horizontal checking bar is mounted at the lower edge of the instrument so that when it is moved to the forward position the bottom of the weight will rest on it. The gage is set so that when the bottom of the weight is at the water surface, the gage height is indicated by the combined readings of the counter and the graduated disc. The wire-weight gage is used as an outside reference gage.

The size of the wire weight gage is approximately 15 inches wide by 13½ inches high by 9½ inches deep (38 cm by 34 cm by 24 cm). The protective cover can be locked in place. The new HIF design features an integral latch protector cast with the cover and stronger back plate for added vandalism protection.

The rear (mounting) cover of the wire weight gage assembly can be individually drilled to meet mounting requirements at each particular location. The maximum length of the cable is 90 feet (27.4 meters). The gage is sold complete with weight and cable.

801-100 or Equal Wire Weight Gage 40 Wire Weight Gage Brake

This is a hand operated brake which threads onto the sheave shaft and the brake pad rides on the flange of the drum. As the wire weight gage weight free falls toward the water surface the brake is an easy way to control the descent eliminating slow hand cranking down to the water.

801-125 or Equal Wire Weight Gage Brake 0.4 lb.

CLAUSES INCORPORATED BY FULL TEXT

52.0000-4515 - SECURITY CONTRACT LANGUAGE FOR ALL CORPS OF ENGINEERS’ UNCLASSIFIED

CONTRACTS (JUL 2008)

(a) Automated Information System (AIS) Effort. All Contractor employees (U.S. citizens and Non- U.S. citizens) working under this contract (to include grants, cooperative agreements and task orders) who require access to Automated Information Systems (AIS), (stand alone computers, network computers/systems, e-mail) shall, at a minimum, be designated into an ADP-III position (non-sensitive) in accordance with DoD 5220-22-R, Industrial Security Regulation. The investigative requirements for an ADP-III position are a favorable National Agency Check (NAC), SF-85P, Public Trust Position. The contractor shall have each applicable employee complete a SF-85P and submit to the Contracting Officer Representative (COR) within three (3) working days after award of any contract or task order, and shall be submitted prior to the individual being permitted access to an AIS. Contractors that have a commercial or government entity (CAGE) Code and Facility Security Clearance through the Defense Security Service shall process the NACs and forward visit requests/results of NAC to the COR. For those contractors that do not have a CAGE Code or Facility Security Clearance, the contractor is responsible for providing a background check as follows:

1. Provide a background check, for each contract employee scheduled to work under the contract for less than six (6) months, to the contracting officer representative (COR).

2. Provide a background check, for each contract employee scheduled to work under the contract for more than six (6) months to the COR. Conduct a background investigation (BI) through the defense security service (DSS) on all employees that are scheduled to work under the contract for longer than six (6) months.

3. Once the contractor receives a response from the DSS on the status of the investigation on each individual, the contractor shall forward that information to the COR.

4. Each contractor will contact the defense security service, 1-888-282-7682 for guidance on obtaining a background investigation for their employees.

(b) Foreign Nationals. In accordance with Engineering Regulation, ER 380-1-18, Section 4, foreign nationals who work on Corps of Engineers’ contracts or task orders shall be approved by the HQUSACE Foreign Disclosure Officer or higher before beginning work on the contract/task order. This regulation includes subcontractor employees. (NOTE: exceptions to the above requirement include foreign nationals who perform janitorial and/or ground maintenance services.) The contractor shall submit to the COR the names of all foreign nationals proposed for performance under this contract/task order, along with documentation to verify that he/she was legally admitted into the United States and has authority to work and/or go to school in the US. Such documentation may include a US passport, Certificate of US citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), foreign passport with I-551 stamp or attached INS Form I-94 indicating employment authorization, Alien Registration Receipt Card with photograph (INS Form I-151 or I-551), Temporary Resident Card (INS Form I-688), Employment Authorization Card (INS Form I-688A), Reentry Permit (INS Form I-327), Refugee Travel Document (INS Form I-571), Employment Authorization Document issued by the INS which contains a photograph (INS Form I-688B).

Classified contracts require the issuance of a DD Form 254 (Department of Defense Contract Security Classification Specification).

52.0000-4524 RECOVERY ACT FUNDS-FEDERAL REPORTING REQUIREMENTS

Under Section 1512(c)(4) of the Recovery Act, recipients of contracts funded by the Recovery Act are required to participate in a Federal Reporting process. The federal government has established a common framework for recipients to manage a data quality recipient reporting process at www.FederalReporting.gov. Only recipients that received funds under the list of programs subject to recipient reporting will report under these reporting requirements (see link below for the list). This contract has been identified as one which falls under this reporting requirement.

Supplement - List of Programs Subject to Recipient Reporting. http://www.whitehouse.gov/omb/assets/memoranda_fy2009/m09-21-supp1.pdf As an award recipient you are encouraged to view the webinars at: www.Whitehouse.gov/Recovery/WebinarTrainingMaterials for training/instructions on 1) how to register, 2) how to report common elements, 3) how to check for data quality, and 4) determine estimates of job impact. Prime contractor must incorporate sub-recipient reporting. Waivers will not be granted for reporting requirements, and non-compliance will be treated as a violation of the award agreement.

All recipients shall report via www.FederalReporting.gov. You are encouraged to read the definitions and other information which can be found at this site to better understand this requirement. For additional information please contact the Contracting Officer or the Contract Specialist.

(End of Clause)

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (MAR 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

(End of clause)

52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

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

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

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

Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a

4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

Registered in the CCR database means that--

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

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

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

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

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

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

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

(i) Company legal business.

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

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

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

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

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

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

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

(g)(1)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

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

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

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

(End of clause)

52.204-11 AMERICAN RECOVERY AND REINVESTMENT ACT-REPORTING REQUIREMENTS (MAR 2009)

(a) Definitions. As used in this clause—

Contract, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

First-tier subcontract means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

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

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

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

(1) Salary and bonus.

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

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

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

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

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

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

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

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

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

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

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

(4) Program or project title, if any.

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

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

(vi) Funding agency.

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

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

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

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

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

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

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

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

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

(End of clause)

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must--

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by--

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-

866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2009) ALTERNATE I (APR 2002)

An offeror…