SOLICITATION.pdf

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James.E.Choate@usace.army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 54

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912P5 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

JAMES E CHOATE (615) 736-7946

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

6 - 8 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

9 - 8 X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 9 - 11 M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

12 - 34

PART II - CONTRACT CLAUSES

US ARMY CORPS OF ENG.-NASHVILLE- W912P5

CELRN-CT, ROOM A604

110 NINTH AVE. SOUTH

P O BOX 1070

NASHVILLE TN 37203-1070

(615) 736-7124FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.

W38XDD00210020

5. DATE ISSUED

24 Feb 2010

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912P5-10-B-0006

Section Supplies or Services and Price

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum

CHI/L--ARRA GUIDEWALL FABRICATION CONTRA

FFP

CT --- PROJECT NO.: 118339

FOB: Destination

MILSTRIP: W38XDD00210020

PURCHASE REQUEST NUMBER: W38XDD00210020

NET AMT $_______________________

The anticipated award resulting from this solicitation shall be a firm fixed price supply type contract. Award shall be based on the lowest price quote submitted by the bidder found to be responsive and responsible. This solicitation has bonding requirements.

* The anticipated award resulting from this solicitation shall be a firm fixed price supply type contract. Award shall be based on the lowest price quote submitted by the bidder found to be responsive and responsible. This solicitation has bonding requirements.

* Bid is due on 23 March 2010 10 A.M. CST

* Bids are required to be acceptable for a period of 90 Days.

* Be prepared to submit your financial information (for determination of responsibility) in a short time frame after bid opening. Required will be past years financial statements, Bank Business Line of Credit Letter, Listing of your past 3 Government contract numbers, 3 credit (supply references) Note: Your passed ratings on the 3 government contracts will be examined.

SOLICITATION DELIVERY REQUIREMENTS

Proposed Work: Chickamauga Lock – Fabrication and Delivery of Lock Approach Wall Pre-Cast Concrete Beams

Description of Work: ARRA funds are being used to fabricate 42 post-tensioned Approach Wall beams for the new Chickamauga Lock. These beams are approximately 10 ft high x 10 ft wide x 1 ft thick and range in length from approximately 94 ft to 113 ft.

Components will be fabricated and delivered to TVA’s Watts Bar Reservation approximately 58 miles upstream of Chickamauga Lock to mile 529 on the Tennessee River. Site development, fencing and blocking for temporary storage is required. All parts will be labeled for inventory. Water access is available adjacent to the storage site. Fabrication and delivery of the Approach Wall beams are the responsibility of the contractor. The expected duration of this contract is approximately 18 to 24 months.

Approximate weights and lengths of the beams are listed below:

Beam Type Number of Beams Weight of Beam Length of Beam Type 1 10 463 113’-6” Type 2 2 463 113’-6” Type 3 21 421 109’-6” Type 4 9 369 94’-6”

BID SCHEDULE

CHICKAMAUGA LOCK APPROACH WALLS

0001 Mobilization and Preparatory Work 1 LS $_______________ $________________

0002 Precast Beams (42 EA) 1 LS $_______________ $________________

0003 Supply Delivery to Storage Yard 1 LS $_______________ $________________

0004 Common Excavation at Storage Yard 8067 CY $_______________ $________________

0005 Filter Fabric 24,200 SY $_______________ $________________

0006 DGA Stone at TVA’s Storage Area 16,133 TON $_______________ $________________

0007 Power Line Relocation 1 LS $_______________ $________________

0008 Unsuitable Material Removal 250 CY $_______________ $________________

0009 Suitable Material Placement 250 CY $________________ $________________

0010 Reimbursement of Actual Performance and Payment Bonds 1 LS $________________ $________________

Total Bid Price $________________

Section Contract Administration Data

CONTRACT ADMINISTRATION DATA

96931340000 082438 3230GB9418013524 NA 96403

AMOUNT: $1.00

CIN W38XDD002100200001: $1.00

Section C - Descriptions and Specifications

INSTRUCTIONS TO OFFERORS

a. CONDITIONS AFFECTING THE WORK – Offerors should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work and the general and local conditions that can affect the delivery of the requested items. Failure to do so will not relieve offerors from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the solicitation, the specifications or related documents.

b. SITE VISITS - Offerors should inspect the job site prior to submitting a bid package. In this regard, offerors should note Contract Clause No. FAR 52.236-3 entitled "Site Investigation and Conditions Affecting the Work.” (FAR 36.210). The Government has scheduled a Site Visit for the Approach Walls at 10:00 A. M. EST.

Address listed below:

Watts Bar Lock 185 Watts Bar Landing Lane Decatur Tennessee 37322 423-334-3522

Please register on the FBO web site as an interested party.

c. BIDDERS QUALIFICATIONS – To establish its responsibility, the offeror may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources, and plant available to be used in performing the work. The Offerors qualifications have been accepted based upon the work history which has been submitted to the government.

d. CONTRACT AND BONDS - The offeror whose Invatation for Bid package is accepted will, within the time established in the proposal, furnish performance and payment bonds for other than Construction in accordance with FAR 52.228-16 on Standard Forms in the amounts indicated in the Invitation for Bid. (Reference FAR 52.228- 16). See section on Bid Bonds as well.

f. BIDDERS ADDRESS. Prospective offerors should indicate in the offer, the address to which correspondence should be mailed, if such address is different from that shown for the offeror.

g. AMENDMENTS PRIOR TO DATE SET FOR THE IFB- The right is reserved as the interest of the Government may require, to revise or amend the specifications or drawings or both prior to the date set for receipt of Bid Packages (IFB). Such revisions and amendments, if any will be announced by an amendment or amendments to this IFB. If the revisions and amendments are of a nature which requires material changes in quantities or prices proposed or both, the date set for receipt of Bid Packages may be postponed by such number of days as in the opinion of the issuing officer will enable offeror to revise their Bid Package. In such cases, the amendment will include an announcement of the new date for receipt of Bid Packages.

h. BID MATERIAL – Specifications and Quote forms can be obtained at no cost from the Feb Biz Opps Web Site. Specifications and Plans are attached as separate files to the FBO web site. Questions concerning proposal documents should be submitted in writing to Eric Choate, Contract Specialist, via e-mail at james.e.choate@usace.army.mil no later than

i. NOTICE TO BIDDER – USE OF CLASS I OZONE-DEPLETING SUBSTANCES

(1) In accordance with Section 326 of P.L. 102-484, the Government is prohibited from awarding any contract which includes a specification or standard that requires the use of a Class I ozone-depleting substance (ODS) identified in Section 601(a) of the Clean Air Act, (42 U.S.C 767a(a)), or that can be met only through the use of such a substance unless such use has been approved, on an individual basis, by a senior acquisitions official who determines that there is no suitable substitute available.

(2) To comply with this statute, the Government has conducted a best effort screening of the specifications and standards associated with this acquisition to determine whether they contain any ODS requirements. To the extent that ODS requirements were revealed by this review, they are identified below with the disposition determined in each case.

(3) If bidders possess any special knowledge about any other ODSs required directly or indirectly at any level of contract performance, the U.S. Army would appreciate if such information were surfaced to the Contracting Officer for appropriate action. To preclude delay to the procurement, bidders should provide any information as soon as possible after release of this solicitation and prior to the submission of offers to the extent practicable. It should be understood that there is no obligation on quoters to comply with the request and that no compensation can be provided for doing so.

ODS Identified Specification/Standard Disposition “None”

j. NOTICE – The following bond information is provided:

(1) PERFORMANCE BONDS OTHER THAN CONSTRUCTION. The penal amount of the performance bond shall equal one hundred percent (100%) of the contract price. Bonds shall be received within ten (10) days after receipt of contract award.

(2) PAYMENT BONDS OTHER THAN CONSTRUCTION. Pursuant to FAR clause 52.228-16 the penal amount of the payment bond shall equal one hundred percent (100%) of the contract price. Bonds shall be received within ten (10) days after receipt of award.

(3) Bid Bonds are required on this solicitation.

(4) INSURANCE. Insurance shall conform to DFARS 245.7310-3 Liability and Insurance requirements. See Item #5 under Special Contract Requirements

k. EXPLANATION OF PROVISION/CLAUSE NUMBERS UTILIZED IN THIS SOLICITATION:

(1) Federal Acquisition Regulation (FAR) provisions/clauses are numbered as follows: 52.252-7.

(2) Defense Acquisition Regulation Supplement (DFARS) provisions/clauses are numbered as follows:

52.252-7000.

(3) Army Federal Acquisition Regulation Supplement (AFARS), provisions/clauses are numbered as follows: 5152.252-9000.

(4) Where the sixth digit of a provision/clause number is a “5,” this indicates a provision/clause from Engineer Federal Acquisition Regulation Supplement (EFARS), provisions/clauses are numbered as follows:

52.252-5000.

l. BID DOCUMENTS:

The following documents must be submitted with your Invitation for Bid, in original and one (1) copie.

-SF 33, Solicitation, Offer and Award -Bid Bond -Bid Schedule (Section 00010)

(Proposal shall be supported by a price breakout of labor hours and rates, equipment, materials, profit, supported by competitive sub-contractor quotations if any. And must be supplied to the government within 5 days if requested)

-Representations and Certifications (Section 00600) unless you are currently registered in

ORCA

-All Amendments must be acknowledged -Tax Payer ID must be supplied -Cage Code -Duns Number

- Written Statement authorizing specific indivaduals to legally bind the firm (who can sign)

WHERE TO SUBMIT

Offerors shall submit sealed proposal packages to the Corps of Engineers at the address listed below, marked in Times New Roman font, 12 pt, double spaced is suggested. Receipt of delivery is highly recommended. Hand delivery is acceptable.

Bid Modification revieved by Facsimile will not be considered.

Eric Choate, Contracting Officer U.S. Army Corps of Engineers, Nashville District

CELRN-CT, RM A604

110 Eight Ave South, P.O. Box 1070 Nashville, TN 37203-1070 615-736-7946; james.e.choate@us.army.mil

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

1. ACCIDENT PREVENTION:

EM 385-1-1, 3 November 2003, referred to in Contract Clause entitled ACCIDENT PREVENTION is hereby supplemented or revised as follows:

a. Activity Hazard Analysis. The Contractor shall submit an activity hazard analysis as described in paragraph 01.A.09 of EM 385-1-1 along with his accident prevention program.

b. Contractor guidelines for the preparation of the Accident Prevention Proposal (Safety Plan) and for the preparation of the Activity Hazard Analysis are included following these SPECIAL

CONTRACT REQUIREMENTS.

c. The contractor’s written proposal for implementing the provisions of Contract Clause ACCIDENT PREVENTION, including the supplemental requirements specified above, shall be submitted within 10 days after award of contract.

2. SAFETY AND HEALTH MANUAL

Pursuant to 52.236-13 the U.S. Army Corps of Engineers Safety and Health Requirement Manual, EM 385- 1-1 is posted on the Headquarters Website located http://www.usace.army.mil/CESO/Pages/EM385-1-1,2008NEW!.aspx

3. WATER AND ELECTRIC

a. All water required by the contractor shall be furnished at his own expense. The contractor shall provide all temporary connections and piping to the existing water supply system for construction and domestic consumption, but only at such locations and in such manner as may be approved by the Contracting Officer. Before final acceptance, temporary connections and piping installed by the Contractor shall be removed in a manner satisfactory to the Contracting Officer.

b. All electric current required by the contractor shall be furnished at his own expense. The contractor shall make all temporary connections for electricty. These shall be subject to approval by the Contracting Officer. All temporary lines shall be furnished, installed, connected, and maintained by the contractor in a workmanlike menner satisfactory to the Contracting Officer, and shall be removed by the contractor in like manner at his expense prior to completion of the construction.

4. PREPARATION OF PROGRESS SCHEDULES AND REPORTS

The report contemplated by the clause entitled “Schedules for Construction Contracts” shall be accomplished on and in accordance with instruction pertaining to ENG Form 2454 in original and two copies. Progress reports shall be submitted weekly.

5. SCHEDULE OF INSURANCE

a. The contractor shall, at its own expense, provide and maintain during the entire performance period of this contract at least the kinds and minimum amounts of insurance required below:

Workmen’s Compensation and Employer’s Liability Insurance $100,000 General Liability Insurance for Bodily Injury Liability Minimum Per Occurrence for Bodily Liability $500,000 Minimum Per Each Accident for Property Damage $100,000 Minimum Aggregate fpr Bodily Injury $500,000 Automobile Liability Insurance Minimum Per Person $200,000 Minimum Per Occurrence for Bodily Injury $500,000

Minimum Per Occurrence for Property Damage $ 20,000

b. Before commencing work under this contract, the contractor shall certify to the Contracting

Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed or prescribed, and (2) until 30 days after the insurer of the contractor gives written notice to the Contracting Officer.

c. The contractor shall insert the substance of the clause entitled “Insurance Work on a Government

Installation (FAR 52.228-5), “in subcontracts under this contract that require work on a Government Installation and shall require subcontractors to provide and maintain the insurance required above.

6. ADMINISTRATIVE DISPUTE RESOLUTION

“In furtherance of Federal policy and the Administrative Dispute Resolution Act of 1990, ADR Act, Pub.

L. 101-552, the Contracting Officer will try to resolve all post award acquisition issues in controversy by mutual agreement of the parties. Interested parties are encouraged to use alternative resolution procedures to the maximum extent practicable in accordance with the authority and the requirement of ADR ACT.”

7. TIME EXTENSION FOR UNUSUALLY SEVERE WEATHER

a. This provision specifies the procedure for the determination of time extensions for unusually severe weather in accordance with the Contract Clause entitled DEFAULT (FIXED PRICE CONSTRUCTION). In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied.

1) The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

2) The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the contractor.

b. FAR Clause 52.236-4 PHYSICAL DATA (APR 1984) The contractor’s progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

weather dependent activities.

Weather Days:

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

11 10 12 11 11 10 10 9 8 7 10 11

c. Upon acknowledgement of the Notice to Proceed (NTP) and continuing throughout the contract, the contractor will record on the daily CQC report, the occurrence of adverse weather and resultant impact to the normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the contractor’s scheduled work day. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in a previous month)., be calculated chronologically from the first to the last day of each month, and be recorded as full days.

8. BID BOND, PERFORMANCE AND PAYMENT BONDS OTHER THAN CONSTRUCTION

In accordance with FAR 52.228—1 BID GUARANTEE OF 100 % of the quoted value for the project. Per FAR clause 52.228-16 fully executed performance and payment bonds for other than Construction and the above referenced insurance certificate should be returned to this office within 10 days of award of contract.

9. EXPLANATION OF PROVISION/CLAUSE NUMBERS UTILIZED IN THIS SOLICITATION:

(1) Federal Acquisition Regulation (FAR) provisions/clauses are numbered as follows: 52.252-7.

(2) Defense Acquisition Regulation Supplement (DFARS) provisions/clauses are numbered as follows: 52.252-7000.

(3) Army Federal Acquisition Regulation Supplement (AFARS), provisions/clauses are numbered as follows: 5152.252-9000.

(4) Where the sixth digit of a provision/clause number is a “5,” this indicates a provision/clause from Engineer Federal Acquisition Regulation Supplement (EFARS), provisions/clauses are numbered as follows: 52.252-5000.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUL 2004 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures JUL 1995 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

SEP 2007

52.203-13 Contractor Code of Business Ethics and Conduct DEC 2008 52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.204-7 Central Contractor Registration APR 2008 52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

SEP 2006

52.211-5 Material Requirements AUG 2000 52.211-5 Material Requirements AUG 2000 52.211-17 Delivery of Excess Quantities SEP 1989 52.214-27 Price Reduction for Defective Cost or Pricing Data -

Modifications - Sealed Bidding

OCT 1997

52.214-28 Subcontracting Cost Or Pricing Data--Modifications--Sealed Bidding

OCT 1997

52.214-29 Order Of Precedence--Sealed Bidding JAN 1986 52.215-2 Audit and Records--Negotiation MAR 2009 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-14 Integrity of Unit Prices OCT 1997 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.219-8 Utilization of Small Business Concerns MAY 2004 52.219-9 Small Business Subcontracting Plan APR 2008 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards Act - Overtime

Compensation

JUL 2005

52.222-19 Child Labor -- Cooperation with Authorities and Remedies AUG 2009 52.222-20 Walsh-Healey Public Contracts Act DEC 1996 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-36 Affirmative Action For Workers With Disabilities JUN 1998 52.222-37 Employment Reports On Special Disabled Veterans, Veterans

Of The Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-50 Combating Trafficking in Persons FEB 2009 52.222-54 Employment Eligibility Verification JAN 2009 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information AUG 2003 52.223-6 Drug-Free Workplace MAY 2001

52.223-13 Certification of Toxic Chemical Release Reporting AUG 2003 52.223-14 Toxic Chemical Release Reporting AUG 2003 52.225-1 Buy American Act--Supplies FEB 2009 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-18 Place of Manufacture SEP 2006 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets SEP 2009 52.228-14 Irrevocable Letter of Credit DEC 1999 52.229-3 Federal, State And Local Taxes APR 2003 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-17 Interest OCT 2008 52.232-23 Assignment Of Claims JAN 1986 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibility For Supplies APR 1984 52.246-24 Limitation Of Liability--High-Value Items FEB 1997 52.247-34 F.O.B. Destination NOV 1991 52.247-68 Report of Shipment (REPSHIP) FEB 2006 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

MAY 2004

52.249-8 Default (Fixed-Price Supply & Service) APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND

REINVESTMENT ACT OF 2009 (MAR 2009)

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

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

(End of clause)

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of District Chief of Contracting or a Warrented Contracting Officer within the Nashville District and shall not be binding until so approved.

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.

52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

The delivery of all items must be completed within 24 Months of the Notice to Proceed issuance.

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

Within Days

After Date

Item No. Quantity of Contract

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $850.00 per calendar day of delay [Contracting Officer insert amount].

(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.

52.214-26 AUDIT AND RECORDS--SEALED BIDDING. (MAR 2009) ALTERNATE I (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) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with the pricing of any modification 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 modification;

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

(3) Pricing of the modification; or

(4) Performance of the modification.

(c) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials, shall have access to and the right to—

(1) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract or a subcontract hereunder; and

(2) Interview any officer or employee regarding such transactions.

(d) Availability. The Contractor shall make available at its office at all reasonable times the materials described in reproduction, until 3 years after final payment under this contract, or for any other period specified in Subpart 4.7 of the Federal Acquisition Regulation (FAR). FAR Subpart 4.7, Contractor Records Retention, in effect on the data of this contract, is incorporated by reference in its entirety and made a part of this contract.

(1) 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.

(2) Records pertaining to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to the performance of this contract shall be made available until disposition of such appeals, litigation, or claims.

(e) )(1) Except as provided in paragraph (e)(2), the Contractor shall insert a clause containing the provisions of this clause, including this paragraph (e), in all subcontracts.

(2) The authority of the Inspector General under paragraph (c)(2) of this clause does not flow down to subcontracts.

52.215-6 PLACE OF PERFORMANCE (OCT 1997)

(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, ( ) intends, ( ) does not intend (check applicable block) to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information.

(b) If the offeror or respondent checks “intends” in paragraph (a) of this provision, it shall insert in the following spaces the required information:

Place of Performance(Street Address, City, State, County, Zip Code)

Name and Address of Owner and Operator of the Plant or Facility if Other Than Offeror or Respondent

(End of provision)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 238120- assigned to contract number To Be Determined.

(Contractor to sign and date and insert authorized signer's name and title).

52.222-26 EQUAL OPPORTUNITY (MAR 2007)

(a) Definition. United States, as used in this clause, means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b)(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.

(2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5).

(c) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5.

(2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. This shall include, but not be limited to, (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer, (v) recruitment or recruitment advertising, (vi) layoff or termination, (vii) rates of pay or other forms of compensation, and (viii) selection for training, including apprenticeship.

(3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.

(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

(5) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

(6) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.

(7) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and…