10-R-0014.pdf

USACE, CONTRACTING DIVISION

ATTN: CEMVN-CT, ROOM 172

7400 LEAKE AVE.

NEW ORLEANS LA 70118-3651

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

$6M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W912P8-10-R-0014 11-Dec-2009

b. TELEPHONE NUMBER

504-862-1487

8. OFFER DUE DATE/LOCAL TIME

12:30 PM 16 Dec 2009

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

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

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

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

W912P8

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE B2R0061 16. ADMINISTERED BY

OD-OPS PROJ MG/OLD RIVER CONTR

HERBERT PETIT

CORPS OF ENGINEERS P O BOX 60267

NEW ORLEANS LA 70160-0267

TEL: 225-492-2159 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ROBBIE F BAILEY

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

221310

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

2 COPIES

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

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

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

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

PAGE 2 OF

23. UNIT PRICE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

W912P8-10-R-0014

Section SF 1449 - CONTINUATION SHEET

STATETEMENT OF WORK

SCOPE OF WORK

C1. GENERAL The Services specified herein shall be performed by the Contractor in accordance with the requirements of this specification. Such services shall include the providing of all labor, supervision, equipment, materials and other items or services necessary for performance of the work unless otherwise specified herein.

C.2. GAUGE READINGS.

The gauge reading shall consist of reading the staff gauges at the following locations:

C.2.1 Courtableau Drainage Structure Inflow gauge

C.2.2 Courtableau Drainage Structure Outflow gauge

C.2.3 Code gauge

C.2.4 Darbonne Drainage Structure Inflow Gauge

C.2.5Darbonne Drainage Structure Outflow Gauge

All five gauges shall be read everyday between 0600 and 0700 and phoned into the Old River Control Structure Office by 0730. The gages shall be read to the nearest 0.05 ft.

C.3 OPERATION OF THE COURTABLEAU DRAINAGE STRUCTURE.

The operation of the Courtableau Drainage Structure consists of the following steps:

C.3.1 The gate setting is determined by the Operations Manager or representative

C.3.2 The inflow and outflow gauges are read

C.3.3 The five gates are operated by setting the breaker to the ‘ON’ position and pushing the ‘START’ button for each gate. The gates are set at one-foot increments between 0 and 15 feet.

C.3.4 Once the gates are at the correct setting the ‘STOP’ button is pushed. After all the gates are set correctly the breaker is set to the ‘OFF’ position.

C.3.5 The inflow and outflow gauges are read and the information is phoned into the Old River Control Structure Office.

C.4 OPERATION OF THE DARBONNE DRAINAGE STRUCTURE.

The operation of the Darbonne Drainage Structure consists of the following steps:

C.4.1 The gate setting is determined by the Operations Manager or representative

C.4.2 The inflow and outflow gauges are read

C.4.3 The gate is operated by setting the breaker to the ‘ON’ position and pushing the ‘START’ button. The gate is set at one-foot increments between 0 and 10 feet.

C.4.4 Once the gate is at the correct setting the ‘STOP’ button is pushed. After the gate is set correctly the breaker is set to the ‘OFF’ position.

C.4.5 The inflow and outflow gauges are read and the information is phoned into the Old River Control Structure Office.

C.5 EMERGENCY AND UNSCHULED GAUGE READING

Weather conditions and other situations may require the U.S. Army Corps of Engineers to obtain additional gauge reading. In the event that additional reading is required the Government will offer the contractor the opportunity to perform the reading. The contractor may accept/reject these opportunities with out prejudice.

C.6. PERIOD OF PERFORMANCE

Base Period: From date of contract award through 18 December 2010.

Option Year 1: 19 December 2010 to 18 December 2011

Option Year 2: 19December 2011 to 18 December 2012

Option Year 3: 19 December 2012 to 18 December 2013

Option Year 4: 19 December 2013 to 18 December 2014

C.7. TIME AND LOCATION OF SERVICES

C.7.1 Gauge Readings:

All five gauges shall be read everyday, 7 days per week, between 0600 and 0700 and phoned into the Old River Control Structure Office by 0730. The gauges shall be read to the nearest

0.05 ft.

The gauges are located near the intersection of the West Atchafalaya Floodway Protection Levee and US 190, approximately 6 miles east of Port Barre, La. (See attached map for locations).

C.7.1.1 Courtableau Drainage Structure Inflow gauge

C.7.1.2 Courtableau Drainage Structure Outflow gauge

C.7.1.3 Code gauge

C.7.1.4 Darbonne Drainage Structure Inflow Gauge

C.7.1.5Darbonne Drainage Structure Outflow Gauge

C.8. REPORTING:

C.8.1. Gauge reading report will be submitted to the U.S. Army Corps Of Engineers, Old River Control Structure Office.

C.8.2. Report will be given verbally by telephone Monday through Friday except Government Holidays.

C.8.3. Data gathered on Saturday, Sunday will be reported on Monday.

C.8.4. Data gathered on a Government Holiday will be reported on the next Government working day.

C.8.5. Gauge Reading will be reported to Lisa Daigreport telephone number (225) 492- 2149 at the Old River Sill.

C.8.6 Written reports will not be required.

C.9. INVOICES - Payment will be made monthly for all services satisfactorily performed during that period. The Contractor will submit the original invoices to the Disbursing Office in Millington, TN. One copy shall simultaneously be furnished to the Contracting Officer’s Technical Representative. Invoices shall be signed by an officer of the company or the Contractor's Authorized Representative as designated in writing. Payment under this contract, for which services are provided in a series of partial executions or deliveries, will be made by the 30th day after receipt in the Disbursing Office of an invoice which has been properly executed by the Contractor and approved by the Contacting Officer’s Technical Representative.

C.10. HEALTH & SAFETY

C.10.1. Safety Requirements – All work performed under this contract shall be in accordance with the requirement of the U.S. Army Corps of Engineers Safety Manual – EM 385-1-1 and other safety requirement specified herein.

C.10.2. All contractors working for the Corps of Engineers must have a designated Site Safety and Health Officer who has completed a 10-hour OSHA safety course. This training, which is free to the public at web site http://www.mvn.usace.army.mil/ss/osha600/, fulfills the mandatory training requirement.

C.10.3 Accident Prevention Program – After award but no later than the pre-work conference, three copies of the Accident Prevention Program shall be submitted to the Contracting Officer for review and approval. The program shall be prepared in the format

C.10.3.1 Accident Prevention Plan Checklist – Administrative Section LMN Form 385-7-R.

C.10.3.2 Accident Prevention Program – Administrative Plan LMN Form 385-43R

C.10.3.3 Accident Prevention Program – Hazard Analysis LMN Form 385-6-R

C.10.3.4 A copy of company policy statement of accident prevention and any other guidance statement normally provided new employees.

C.10.4. Accident Investigation and Reporting – Refer to EM 385-1-1, Para. 01.D.01.

Accident shall be investigated by the immediate supervisor of the employee(s) involved and reported to the Contracting Officer within one working day after accident occurs. A report of all mishaps occurring on the project shall be submitted to the Contracting Officer within four calendar days following the incident. All data reported must be completed, timely, and accurate.

A follow up report shall be submitted when the estimated lost time days differs from actual lost time days.

C.10.5. No person shall be required or instructed to work in surroundings or under conditions that are unsafe or dangerous to his or her health.

C.10.6 Boat/skiff used to perform the requirement of this contract shall be a minimum of 18 feet. Boat/skiff less than 18 feet are considered a Safety Hazard by the U.S. Army Corps of Engineers and there use shall not be allowed for work to be performed under this contract.

C.11. CONTRACTOR EMPLOYEES: All Contractor employees (U.S. citizens and Non-U.S.

citizens 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 (insert the name and address of the Division/District) Security Officer 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 (insert the name and address of the Division/District) Security Officer. For those contractors that do not have a CAGE Code or Facility Security Clearance, the (insert the name and address of the Division/District) Security Officer. For those contractors that do not have a CAGE Code or Facility Security Clearance, the (insert the name and address of the Division/District) Security Office will process the investigation in coordination with the Contractor and contract employees.

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 Division/District Contract Office, 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 U.S.

Such documentation may include a U.S. passport, Certificate of U.S. 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).

C.12. Performance Standards Staff Guage Reading and Operation of Drainage Structure Setting Services

C.12.1 Staff Gauge Reading C.12.1.1 Daily Reading of Staff Gauges at the Courtableau and Darbonne Drainage Structures. Reading will be performed daily. Reading will be taken between 0600 and 0700.

C.12.1.2 Report of Reading will be provided before 0730 except Saturday, Sunday or Government Holidays. Reading taken on Saturday and Sunday will be reported prior to 0730 on the following Monday. Reading taken during a Government holiday will be reported prior to 0730 on the following working day following the Government holiday.

C.12.2. Operation of Drainage Structure Setting

C.12.2.1 Gate Setting will be accomplished in accordance with the schedule provide by the Contracting Officers Technical Representative (COTR). The gate setting will be set at the prescribed levels designated by the COTR with out variation.

C.14. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

C.14.1 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) – This plan will be used to assure the Government that the work specified under this contract is completed satisfactorily. This plan is included for information purposes only. Payment analysis will be conducted by using a random sampling method; however, the Government has the right to change or modify inspection methods at its discretion.

C.14.2 Random Sampling Inspection Method – Surveillance by this method requires that that the Government randomly select inspection dates where the performance of the contractor will be monitored. Contract requirements using these evaluations are generally those that occur infrequently, or are essential or costly to perform, or at the Government’s discretion. These results are then compared to the specific performance standards.

C.14.3 Monitoring – Inspection of all services performed under this method will be conducted according to a schedule developed by the government. All services will be inspected and used for evaluating performance.

C.14.4 Deductions – The COTR will reduce the contract price to equal the value of the service. The Contractor will ensure that these defects do not recur. If the Contractor fails to correct defects the Government may:

C.14.5 Reduce the contract price equal to the reduced value of the service.

C.14.5.1 Perform the required services, by contract or otherwise, and deduct any cost incurred by the Government that is directly related to the performance of such services from the Contractor’s monthly invoice.

C.14.5.2 Terminate the contract for default.

C15. PERFORMANCE REQUIREMENTS SUMMARY

Requirement Reference

Para. No.

Standard Max

Allowable Degree of

Method of Surveillance

Deduction from Contract

Deviation

(AQL)

Price Exceeding the AQL

Gage Reading 002 Reading Staff Gages in a Timely Manner

0% Random Sample

1%

Operation of the Courtableau Drainage Structure

003 Setting Gates at Appropriate level in a timely manner

0% Random Sample

1%

Operation of the Darbonne Drainage Structure

004 Setting Gates at Appropriate level in a timely manner

0% Random Sample

1%

Emergency and Unscheduled Gage Readings

005 Setting Gates at Appropriate level in a timely manner

0% Random Sample, Only on those events when the contractor accepts the work.

1%

Reports 008 All reports Submitted

0% 100% Inspection

1%

Safety 1.5.1 Contractor Conforms to all EM385-1-1 safety standards

0% Random Sample

1%

C.16 FEDERAL HOLIDAYS

The following are designated Federal Holidays: New Years Day, Martin Luther King Jr.’s Bi9rthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.

C.17 REQUIRED INSURANCE SCHEDULE:

The Contractor shall procure and maintain during the entire period of performance under this contract, the following minimum insurance.

1. EMPLOYER’S LIABILITY INSURANCE. The Contractor shall furnish evidence of Employer’s Liability Insurance in an amount not less than $100,000.00

2. GENERAL LIABILITY INSURANCE. Bodily liability insurance in the minimum limits of $500,000.00 per occurrence on the comprehensive form of policy.

3. AUTOMOBILE LIABILITY INSURANCE. Minimum limits of $200,000.00 per persona and $500,000.00 per occurrence for bodily injury and $20,000.00 per accident for property damage. This insurance shall cover the operation of all automobiles used in performance of the contract.

4. All vehicles to be used in the performance of this contract shall be expressly designed in the insurance policy. A copy o the list of such vehicles shall be submitted to the Contracting Officer. In the event the Contractor acquires a new vehicle for use on this contract after his insurance policy has been obtained, he shall immediately amend his policy to reflect the inclusion of the new vehicle on the policy. In no event shall the Contractor drive a vehicle on the Government installation without first obtaining the required coverage for said vehicle.

5. Any Contractor employee who operates their personal vehicle onto the Government reservation is also required to have automobile liability insurance, in the amount which at least meet the minimum requirement of Louisiana state law. The Contractor shall verify that his employees have this insurance.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

GAUGE READINGS-Base Year

FFP

COURTABLEAU & DARBONNE Drainage Structures, Gate Operations of COURTABLEAU & DARBONNE Drainage Structures & Emergency /Unscheduled Gauge Readings of COURTABLEAU - DARBONNE Drainage Structures --- PROJECT NO.: 108778. Base year-19 DEC 2009 thru 18 DEC 2010.

FOB: Destination

NET AMT

0001AA 365 Each

DAILY GAUGE READINGS

FFP

In accordance with the attached Statement of Work.

0001AB 75 Each

OPERATION OF DRAINAGE STRUCTURE

FFP

Base year

0001AC 25 Each

OPERATION OF DRAINAGE STRUCTURE

FFP

Operation of the Darbonne Structure in accordance with the attached Statement of Work.

0001AD 25 Each

OPTIONAL READINGS

FFP

EMERGENCY & UNSCHEDULED GAUGE READINGS, in accordance with the attached Statement of Work.

0002 Lump Sum OPTION GAUGE READINGS-Option ONE

FFP

COURTABLEAU & DARBONNE Drainage Structures, Gate Operations of COURTABLEAU & DARBONNE Drainage Structures & Emergency /Unscheduled Gauge Readings of COURTABLEAU- DARBONNE Drainage Structures --- PROJECT NO.: 108778. First Option-19 DEC 2010 thru 18 DEC 2011.

MILSTRIP: W42HEM93200541

0002AA 365 Each

DAILY GAUGE READINGS

FFP

First Option Period

0002AB 75 Each

OPERATION OF THE COURTABLEAU

FFP

DRAINAGE STRUCTURE- OPTION ONE

0002AC 25 Each

OPERATION OF DARBONNE

FFP

DRAINAGE STRUCTURE

0002AD 25 Each

EMERGENCY / UNSCHEDULED

FFP

GAUGE READINGS

0003 Lump Sum OPTION DAILY GAUGE READINGS-Option TWO

FFP

COURTABLEAU & DARBONNE Drainage Structures, Gate Operations of COURTABLEAU & DARBONNE Drainage Structures & Emergency /Unscheduled Gauge Readings of COURTABLEAU - DARBONNE Drainage Structures---PROJECT NO:108778. Second Option-19 DEC 2011 thru 18 DEC 2012.

0003AA 365 Each

DAILY GAUGE READINGS

FFP

In accordance with the attached Statement of Work.

0003AB 75 Each

COURTABLEAU DRAINAGE STRUCTURE

FFP

Operation of the structure, in accordance with the Statement of Work.

0003AC 25 Each

DARBONNE DRAINAGE STRUCTURE

FFP

Operation of the drainage structure, IAW the SOW.

0003AD 25 Each

EMERGENCY / UNSCHEDULED

FFP

GAUGE READINGS

0004 Lump Sum OPTION GAUGE READINGS-Option THREE

FFP

COURTABLEAU & DARBONNE Drainage Structures, Gate Operations of COURTABLEAU & DARBONNE Drainage Structures & Emergency /Unscheduled Gauge Readings of COURTABLEAU - DARBONNE Drainage Structures --- PROJECT NO.: 108778. Third Option-19 DEC 2012 thru 18 DEC 2013.

0004AA 365 Each

DAILY GAUGE READINGS

FFP

IAW the Statement of Work

0004AB 75 Each

COURTABLEAU STRUCTURE

FFP

Operation of the drainage structure, IAW the SOW

0004AC 25 Each

DARBONNE STRUCTURE

FFP

Operation of the drainage structure

0004AD 25 Each

EMERGENCY / UNSCHEDULED READINGS

FFP

Emargency and unscheduled gauge readings, IAW the SOW.

0005 Lump Sum OPTION GAUGE READINGS-Option Four

FFP

COURTABLEAU & DARBONNE Drainage Structures, Gate Operations of COURTABLEAU & DARBONNE Drainage Structures & Emergency /Unscheduled Gauge Readings of COURTABLEAU - DARBONNE Drainage Structures --- PROJECT NO.: 108778. Fourth Option-19 DEC 2013 thru 18 DEC 2014.

0005AA 365 Each

DAILY GAUGE READINGS

FFP

0005AB 75 Each

COURTABLEAU STRUCTURE

FFP

Operation of the Drainage Structure IAW the SOW.

0005AC 25 Each

DARBONNE STRUCTURE

FFP

Operation of the drainage structure

0005AD 25 Each

EMERGENCY / UNSCHEDULED READINGS

FFP

In accordance with the Statement of Work. Fourth option

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0001AA N/A N/A N/A Government 0001AB N/A N/A N/A Government 0001AC N/A N/A N/A Government 0001AD N/A N/A N/A Government 0002 N/A N/A N/A Government 0002AA N/A N/A N/A Government 0002AB N/A N/A N/A Government 0002AC N/A N/A N/A Government 0002AD N/A N/A N/A Government 0003 N/A N/A N/A Government 0003AA N/A N/A N/A Government 0003AB N/A N/A N/A Government 0003AC N/A N/A N/A Government 0003AD N/A N/A N/A Government 0004 N/A N/A N/A Government 0004AA N/A N/A N/A Government 0004AB N/A N/A N/A Government 0004AC N/A N/A N/A Government 0004AD N/A N/A N/A Government 0005 N/A N/A N/A Government 0005AA N/A N/A N/A Government 0005AB N/A N/A N/A Government 0005AC N/A N/A N/A Government 0005AD N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 19-DEC-2009 TO

18-DEC-2010

N/A OD-OPS PROJ MG/OLD RIVER CONTR

HERBERT PETIT

CORPS OF ENGINEERS P O BOX 60267

NEW ORLEANS LA 70160-0267

225-492-2159

B2R0061

0001AA N/A N/A N/A N/A

0001AB N/A N/A N/A N/A

0001AC N/A N/A N/A N/A

0001AD N/A N/A N/A N/A

0002 POP 19-DEC-2010 TO

18-DEC-2011

N/A OD-OPS PROJ MG/OLD RIVER CONTR

HERBERT PETIT

CORPS OF ENGINEERS P O BOX 60267

NEW ORLEANS LA 70160-0267

225-492-2159

0002AA N/A N/A N/A N/A

0002AB N/A N/A N/A N/A

0002AC N/A N/A N/A N/A

0002AD N/A N/A N/A N/A

0003 POP 19-DEC-2011 TO

18-DEC-2012

N/A OD-OPS PROJ MG/OLD RIVER CONTR

HERBERT PETIT

CORPS OF ENGINEERS P O BOX 60267

NEW ORLEANS LA 70160-0267

225-492-2159

0003AA N/A N/A N/A N/A

0003AB N/A N/A N/A N/A

0003AC N/A N/A N/A N/A

0003AD N/A N/A N/A N/A

0004 POP 19-DEC-2012 TO

18-DEC-2013

N/A OD-OPS PROJ MG/OLD RIVER CONTR

HERBERT PETIT

CORPS OF ENGINEERS P O BOX 60267

NEW ORLEANS LA 70160-0267

225-492-2159

0004AA N/A N/A N/A N/A

0004AB N/A N/A N/A N/A

0004AC N/A N/A N/A N/A

0004AD N/A N/A N/A N/A

0005 POP 19-DEC-2013 TO

18-DEC-2014

N/A OD-OPS PROJ MG/OLD RIVER CONTR

HERBERT PETIT

CORPS OF ENGINEERS P O BOX 60267

NEW ORLEANS LA 70160-0267

225-492-2159

0005AA N/A N/A N/A N/A

0005AB N/A N/A N/A N/A

0005AC N/A N/A N/A N/A

0005AD N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.217-8 Option To Extend Services NOV 1999 52.217-9 Option To Extend The Term Of The Contract MAR 2000 52.219-1 Small Business Program Representations MAY 2004 52.219-6 Notice Of Total Small Business Set-Aside JUN 2003 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (MAR 2009)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination.

The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract 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.

(2)(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 FAR 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; 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 (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(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.

(3) 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 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.

(4) 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)

CLAUSES INCORPORATED BY FULL TEXT

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (SEP 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

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

___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (7) [Reserved].

_X__ (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-6.

___ (iii) Alternate II (MAR 2004) of 52.219-6.

___ (9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-7.

___ (iii) Alternate II (MAR 2004) of 52.219-7.

___ (10) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)).

___ (11)(i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (15 U.S.C. 637(d)(4)).

___ (ii) Alternate I (OCT 2001) of 52.219-9

___ (iii) Alternate II (OCT 2001) of 52.219-9.

___ (12) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

___ (13) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (JUNE 2003) of 52.219-23.

___ (15) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (16) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (U.S.C. 657 f).

___ (18) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C.

632(a)(2)).

_X__ (19) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

_X__ (20) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (AUG 2009) (E.O. 13126).

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

_X__ (22) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

___ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of theVietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

___ (24) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

___ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

___ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

___ (27) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (28)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(c)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) .

___ (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products

(DEC 2007) (E.O. 13423).

___ (ii) Alternate I (DEC 2007) of 52.223-16.

___ (31) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d).

___ (32)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C. 10a- 10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

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

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

___ (33) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (34) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

___ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f))

___ (38) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

__X_ (39) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

___ (40) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332)

___ (41) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

___ (42) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

___ (43)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

X ____ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C.

351, et seq.).

____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP 2009) (29 U.S.C.

206 and 41 U.S.C. 351, et seq.)

____ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

____ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

____ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

____ (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008)(31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving…