The URL can be used to link to this page

Home My WebLink About2011-06-21-Meeting AgendaCommissionMeetingAgenda CommissionChamber 6/21/2011 5:00PM INVOCATION: ReverendMichaelMcCoy,AssociatePastor,BeulahG roveBaptistChurch PLEDGEOFALLEGIANCETOTHEFLAGOFTHEUNITEDSTAT ESOFAMERICA. RECOGNITION(S) EmployeeoftheMonth A.Ms.NancyGreer,AppraisalCoordinator,TaxAssesso rsOffice.Attachments CONSENTAGENDA (Items1-24) PLANNING 1.FINALPLAT–ELDERBERRY,SECTION4–S-825–A requestfor concurrence with the Augusta Planning Commission to approve apetition by James G. Swift and Associates, on beh alf of Jerry Greenway,requestingfinalplatapprovalforElderb erry,Section4.This residentialsubdivisionislocatedoffJimmieDyess Parkway,adjacentto Elderberry,Section3andcontains107lots. Attachments 2.Z-11-23-A request for concurrence with the Augusta Planning Commissionto approveapetitionby Suzane ReatigArchitecture, on behalfofUnitedHouseofPrayerrequestingachang eofzoningfrom Zone R-1C (One-family Residential) to Zone B-1 (Neighborhood Business)affectingpropertycontaining.17acresandiskno wnas1420 ForestStreet(TaxMap059-1-418-00-0)DISTRICT2 Attachments 3.Z-11-24 –A request for concurrence with the Augusta Planning Commissionto approvewith the condition that the only use of this property be a child care center or uses provided fo r by the existing specialexceptionorthebaseR-1Czoning;apetitionbyReverendDr. VictorWilson,onbehalfofMt.ZionAMEZionChurc h,requestinga changeofzoningfrom ZoneR-1C(One-familyResidential)toZone B-1 (Neighborhood Business)affecting property containing approximately2.72acresandisknownas1237Summe rStreet.(Tax Map059-2-616-00-0)DISTRICT1 Attachments 4.Z-11-25–A request for concurrence with the Augusta Planning Commissionto approveapetitionbyHullBarrettAttorneys,onbehalf oftheMostReverendJ.KevinBoland,BishopofSav annah,requesting achangeofzoningfrom ZoneR-1C(One-familyResidential)toZone R-3C (Multiple-family Residential)affecting property containing approximately1.53acresisknownas1016LaneyWal kerBoulevard. (TaxMap046-4-766-00-0)DISTRICT1 Attachments 5.Z-11-26–A request for concurrence with the Augusta Planning Commissionto approveapetitionbyAPD,onbehalfoftheAugusta LandBanketal,requestingachangeofzoningfrom ZoneR-1C(One- familyResidential)andZoneR-2(Two-familyResidential)toZone PUD (Planned Unit Development)affecting property as described below:TractA-locatedonthenorthwestcorneroftheintersection of James Brown Boulevard and Wrightsboro Road containi ng approximately.64acresandismadeupof6landpa rcels.(Acomplete listofparcelsisavailableatthePlanningCommis sionoffice)DISTRICT 1 Tract B -located on the southwest corner of the intersection of Wrightsboro Road and James Brown Boulevard containi ng approximately1.49acresandismadeupof6landp arcels.(Acomplete listofparcelsisavailableatthePlanningCommis sionoffice)DISTRICT 1TractC-locatedonthesouthwestright-of-waylineofBoydLane,35 feet, more or less,southeast of where S Boundary L ane intersects containing.29acresandismadeupof3landparce ls.(Acompletelistof parcelsisavailableatthePlanningCommissionoff ice)DISTRICT1 TractD-locatedonthenortheastright-of-waylineofBoydLane,70 feet, more or less, northwest of S Boundary Lane co ntaining approximately1.16acresandismadeupof9landp arcels.(Acomplete listofparcelsisavailableatthePlanningCommis sionoffice)DISTRICT 4TractE-locatedonthesouthwestright-of-waylineofWrightsboro Road, 43 feet, more or less, southeast of Picquet A venue containing approximately.79acresandismadeupof6landpa rcels.(Acomplete list of parcels is available at the Planning Commis sion office) Attachments DISTRICT1 6.ZA-R-203–A request for concurrence with the Augusta Planning Commissionto approveapetitiontoamendtheComprehensiveZoning OrdinanceforAugusta,GeorgiabyamendingSection 2(Definitions)by addingdefinitionsforcafesandrestaurants. Attachments 7.ZA-R-204–A request for concurrence with the Augusta Planning Commissionto approveapetitiontoamendtheComprehensiveZoning Ordinance for Augusta, Georgia by deleting the curr ent language in Section21-1(NeighborhoodBusiness)permittingrestaurantsan dcafes andaddingnewprovisionsfortheiruse. Attachments 8.ZA-R-205–A request for concurrence with the Augusta Planning Commissionto approveapetitiontoamendtheComprehensiveZoning Ordinance for Augusta, Georgia by adding a new Special Exception inSection21-2(NeighborhoodBusiness)forcafesthatservealco holic beverages. Attachments PUBLICSERVICES 9.Motionto approveNewApplication:A.N.11-22:requestbyRitaben Patelforaretailpackage Beer&Wine licensetobeusedinconnection with Hiral Enterprises, Inc. DBA Super Express #9 located at 3694 PeachOrchardRd.District6.SuperDistrict10.(ApprovedbyPublic ServicesCommitteeJune13,2011) Attachments 10.Motion to approve New Application: A. N. 11 -23: request by ChristopherKingforanonpremiseconsumption Beer&Wine license tobeusedinconnectionwithPauley'slocatedat1 022BroadSt.District 1.SuperDistrict9.(ApprovedbyPublicServicesCommitteeJune13, 2011) Attachments 11.Motionto approveNewOwnershipApplication:A.N.11-24:request byGouriPrasadRoaVuppulaforaretailpackage Beer&Wine license tobeusedinconnectionwithPhoenixFood&GasDB AChevronFood Mart located at 1500 Gordon Hwy. District 2. Super District 9. (ApprovedbyPublicServicesCommitteeJune13,201 1) Attachments 12.Motionto approve NewApplication:A.N.11-25:requestbyJasonF. Beckforanonpremiseconsumption Liquor,Beer&Wine licensetobe used in connection with Bar West Martini Lounge loc ated at 3631 WaltonWayExt.Ste3.District7.SuperDistrict1 0.(Approvedby PublicServicesCommitteeJune13,2011) Attachments 13.Motion to approvea requestby Nyles L. Ellefsonfor aTherapeutic MassageOperatorslicensetobeusedinconnection withBellaCapelli Salon&Spalocatedat229FurysFerryRd.Ste101.District7.Super District10.(ApprovedbyPublicServicesCommitteeJune13,201 1) Attachments 14.Motionto approveconveyingAugusta’sinterestintheproperty,known astheformerMcBeanParkonMikePadgettHighway,totheCounty BoardofEducationofRichmondCounty,andtoautho rizetheMayor andClerkofCommissiontoexecuteaquitclaimdeed andsuchother papersasnecessary.(ApprovedbyPublicServicesCommitteeJune 13,2011) Attachments PUBLICSAFETY 15.Motionto award AT&TatwoyearcontractextensionforcityCentrex servicesandapproveanincreaseinthecurrentAT&Tinternetservice speedfrom20MBto50MB.(ApprovedbyPublicSafetyCommittee June13,2011) Attachments 16.Motionto approveaMemorandumofUnderstanding(MOU)between theAugustaUtilitiesDepartment(AUD)andInformat ionTechnology (IT) to jointly use the facilities at 1832 Wylds Ro ad and approve installing a 100MB internet service line from Winds tream Communications at the same location.(Approved by Public Safety CommitteeJune13,2011) Attachments 17.Motion to approvefor Richmond County Community-Wide Teen Pregnancy Prevention Initiative Planning Grant for Juvenile Court. (ApprovedbyPublicSafetyCommitteeJune13,2011) Attachments 18.Motion to approvePurchase of Services Subcontract for Christopher Norris-LPC.(ApprovedbyPublicSafetyCommitteeJune13,2011) Attachments ENGINEERINGSERVICES 19.Motion to approve a cost sharing agreement between the Augusta Utilities Department and Coel Development Co., Inc.and Stephen BeazleyBuilders,Inc (ApprovedbyEngineeringServicesCommittee June13,2011). Attachments 20.Motionto approveRFQ#11-130:TaskOrderProgramforInfrastructure for the City of Augusta -Utilities Department in the amount of $2,000,000.00 for execution by Contract Management,Inc.; Blair Construction, Inc., Eagle Utility Contracting, Inc;and Quality Storm Water Solutions as qualified and selected contracto rs.(Approved by EngineeringServicesCommitteeJune13,2011) Attachments 21.Motion to approvea request by the Summerville Neighborhood AssociationforaPublicHearingtodiscussthepla cementofwoodenand metalsignswiththeSummervillelogoandinscripti onatthefollowing locations:cornerof BournePl.andMilledgeRd.;cornerof HenrySt. andHighlandAve .;cornerof HighlandAve.andWrightsboroRd.; cornerof HeardAve.andWrightsboroRd.;cornerof WaltonWay andMilledgeRd.W illalsohaveaStateofGeorgiahistoricalmarker. (ApprovedbyEngineeringServicesCommitteeJune13 ,2011) Attachments 22.Motionto approve theawardingoflowbidintheamountof$76,495to Graybar Electric for street light poles and fixtur es for replacements/repairsintheAugustaRichmondCounty urbanareasfora period of one year.Effective upon date of adoption of this item.The funds are available in the Street Lighting Budget Account2760416105414410.(Approved by Engineering Services CommitteeJune13,2011) Attachments 23.Motion to approvea component change for $1,376,987 to the GMP (Guaranteed Maximum Price)and existing Purchase Or der (P179109) forpurchaseandinstallationofKitchenEquipment fortheTEECenter undertheCMContract.Thisdoesnotincreaseovera llprojectcost.The revised GMP is $29,276,987.(Approved by Engineering Services Attachments CommitteeJune13,2011) PETITIONSANDCOMMUNICATIONS 24.Motion to approvethe minutes of the regular meeting of the CommissionheldJune 7,2011 andSpecialCalledLegalMeetingheld June13,2011. Attachments ****ENDCONSENTAGENDA**** AUGUSTACOMMISSION 6/21/2011 AUGUSTACOMMISSION REGULARAGENDA 6/21/2011 (Items25-32) ADMINISTRATIVESERVICES 25.AnOrdinancetoamendtheAugusta,GA.CodeTitleO neChapterFour ArticleSixSections1-4-81through1-4-94relatingtotheCreationand DutiesofthePlanningCommissionandZoningBoard ofAppeals;to repealallCodeSectionsandOrdinancesandpartof CodeSectionsand Ordinances in conflict herewith; to provide an effe ctive date and for other purposes.(No recommendation from Administrative Services CommitteeJune13,2011) Attachments 26.An Ordinance to amend the Augusta, Georgia Code, Ar ticle One, Chapter Ten, relating to the procurement of goods a nd services, the LocalSmallBusinessOpportunitiesProgramandthe DBEProgramfor federally assisted projects so as toprovide update s and to establish policies,proceduresandguidelinesregardingthep rocurementprocess and the Local Small Business OpportunitiesProgram;to repeal all OrdinancesandpartsofOrdinancesinconflicthere with;toprovidean effective date and for other purposes.(No recommendation from AdministrativeServicesCommitteeJune13,2011) Attachments 27.DiscussavoteofnoconfidenceintheGeneralCoun seloftheAugusta Attachments UpcomingMeetings www.augustaga.gov LawDepartment.(RequestedbyCommissionerBillLockett) 28.Motion to denybid protestof Johnson Laschober and Associates in reference to RFQ 10-173 Professional Design Services for Municipal Building.(No recommendation from Administrative Services CommitteeJune13,2011) Attachments 29.Motionto amendtheactiontakenbytheCommissiononFebruary1, 2011 relative to the Personnel, Policy and Procedur e Handbookby deletingthe word "exclusive".(Requested byMayor ProTem Joe BowlesandCommissionerWayneGuilfoyle) Attachments 30.Motion to approve updatedCertification of Consistency with the ConsolidatedPlanonbehalfofWaltonRehabilitatio nHospitaltobuild 12 units of affordable housing for individuals with disabilities in the Dover/LymanRoadarea.(RequestedbyMayorDekeCopenhaver) Attachments FINANCE 31.Motionto approvetaskingtheAdministratorwithdevelopingafinanc ial package relative to the proposed RipkenMulti-Purpose Stadium. (RequestedbyCommissionerJoeJackson) Attachments LEGALMEETING A.PendingandPotentialLitigation. B.RealEstate. C.Personnel. 32.Motion to authorizeexecution by the Mayor of the affidavit of compliancewithGeorgia'sOpenMeetingAct. CommissionMeetingAgenda 6/21/20115:00PM Invocation Department: Caption:ReverendMichaelMcCoy,AssociatePastor,BeulahG rove BaptistChurch Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Cover Memo Item # 1 CommissionMeetingAgenda 6/21/20115:00PM EmployeeoftheMonth Department: Caption:Ms.NancyGreer,AppraisalCoordinator,TaxAssesso rsOffice. Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Cover Memo Item # 2 Attachment number 1 Page 1 of 1 Item # 2 CommissionMeetingAgenda 6/21/20115:00PM FinalPlat-Elderberry,Section4 Department:PlanningCommission Caption: FINALPLAT–ELDERBERRY,SECTION4–S-825 –A requestforconcurrencewiththeAugustaPlanningC ommissionto approveapetitionbyJamesG.SwiftandAssociates,onbe halfof JerryGreenway,requestingfinalplatapprovalfor Elderberry, Section4.Thisresidentialsubdivisionislocated offJimmieDyess Parkway,adjacenttoElderberry,Section3andcont ains107lots. Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 3 CommissionMeetingAgenda 6/21/20115:00PM Z-11-23 Department:PlanningCommission Caption:Z-11-23-ArequestforconcurrencewiththeAugustaPlann ing Commissionto approveapetitionbySuzaneReatigArchitecture, onbehalfofUnitedHouseofPrayerrequestingach angeof zoningfrom ZoneR-1C(One-familyResidential)toZoneB-1 (NeighborhoodBusiness)affectingpropertycontaining.17acres andisknownas1420ForestStreet(TaxMap059-1-4 18-00-0) DISTRICT2 Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Cover Memo Item # 4 CommissionMeetingAgenda 6/21/20115:00PM Z-11-24 Department:PlanningCommission Caption:Z-11-24–ArequestforconcurrencewiththeAugustaPlannin g Commissionto approvewiththeconditionthattheonlyuseof thispropertybeachildcarecenterorusesprovi dedforbythe existingspecialexceptionorthebaseR-1Czoning;apetitionby ReverendDr.VictorWilson,onbehalfofMt.ZionA MEZion Church,requestingachangeofzoningfrom ZoneR-1C(One- familyResidential)toZoneB-1(NeighborhoodBusin ess) affectingpropertycontainingapproximately2.72ac resandis knownas1237SummerStreet.(TaxMap059-2-616-00-0) DISTRICT1 Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 5 CommissionMeetingAgenda 6/21/20115:00PM Z-11-25 Department:PlanningCommission Caption:Z-11-25–ArequestforconcurrencewiththeAugustaPlann ing Commissionto approveapetitionbyHullBarrettAttorneys,on behalfoftheMostReverendJ.KevinBoland,Bishop of Savannah,requestingachangeofzoningfrom ZoneR-1C(One- familyResidential)toZoneR-3C(Multiple-family Residential)affectingpropertycontainingapproximately1.53 acresisknownas1016LaneyWalkerBoulevard.(Tax Map046- 4-766-00-0)DISTRICT1 Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 6 CommissionMeetingAgenda 6/21/20115:00PM Z-11-26 Department:PlanningCommission Caption: Z-11-26–ArequestforconcurrencewiththeAugustaPlann ing Commissionto approveapetitionbyAPD,onbehalfofthe AugustaLandBanketal,requestingachangeofzon ingfrom ZoneR-1C(One-familyResidential)andZoneR-2(Tw o- familyResidential)toZonePUD(PlannedUnitDevel opment) affectingpropertyasdescribedbelow:TractA-l ocatedonthe northwestcorneroftheintersectionofJamesBrown Boulevard andWrightsboroRoadcontainingapproximately.64a cresandis madeupof6landparcels.(Acompletelistofparc elsisavailable atthePlanningCommissionoffice)DISTRICT1Tra ctB- locatedonthesouthwestcorneroftheintersection ofWrightsboro RoadandJamesBrownBoulevardcontainingapproxima tely1.49 acresandismadeupof6landparcels.(Acomplete listofparcels isavailableatthePlanningCommissionoffice)DIS TRICT1 TractC-locatedonthesouthwestright-of-waylin eofBoyd Lane,35feet,moreorless,southeastofwhereSB oundaryLane intersectscontaining.29acresandismadeupof3 landparcels. (AcompletelistofparcelsisavailableatthePla nning Commissionoffice)DISTRICT1TractD-locatedo nthe northeastright-of-waylineofBoydLane,70feet,moreorless, northwestofSBoundaryLanecontainingapproximate ly1.16 acresandismadeupof9landparcels.(Acomplete listofparcels isavailableatthePlanningCommissionoffice)DIS TRICT4 TractE-locatedonthesouthwestright-of-waylin eof WrightsboroRoad,43feet,moreorless,southeast ofPicquet Avenuecontainingapproximately.79acresandisma deupof6 landparcels.(Acompletelistofparcelsisavaila bleatthe PlanningCommissionoffice)DISTRICT1 Background: Analysis: FinancialImpact: Alternatives:Cover Memo Item # 7 Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 7 CommissionMeetingAgenda 6/21/20115:00PM ZA-R-203 Department:PlanningCommission Caption:ZA-R-203–ArequestforconcurrencewiththeAugusta PlanningCommissionto approveapetitiontoamendthe ComprehensiveZoningOrdinanceforAugusta,Georgia by amendingSection2(Definitions)byaddingdefiniti onsforcafes andrestaurants. Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 8 ORDINANCE ______ An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta, Georgia Commission effective September 16, 1997 by amending Section 2 (Definitions) THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTIO I. That the Comprehensive Zoning Ordinance is amended by adding the following definitions in Section 2 “CAFÉ” shall mean a restaurant having a seating capacity of less than 40 persons and conducted consistent with Section 6-2-52 of the Augusta Georgia Code thereby regulating alcohol licenses for eating establishments. “RESTAURAT” shall mean an eating establishment having a seating capacity of at least 40 persons and conducted consistent with Section 6-2-52 of the Augusta Georgia Code thereby regulating alcohol licenses for eating establishments. “TAVER” shall mean a drinking establishment having a seating capacity of less than 40 persons conducted consistent with Section 6-2-51 of the Augusta Georgia Code thereby regulating alcohol licenses (excluding dancing and entertainment). SECTIO II . All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Duly adopted by the Augusta, Georgia Commission this ______ day of __________________, 2011. __________________________________________ MAYOR, AUGUSTA COMMISSION AUGUSTA, GEORGIA ATTEST: ________________________________________ LENA BONNER, CLERK First Reading: ____________________________ Second Reading: __________________________ Attachment number 1 Page 1 of 2 Item # 8 Attachment number 1 Page 2 of 2 Item # 8 CommissionMeetingAgenda 6/21/20115:00PM ZA-R-204 Department:PlanningCommission Caption: ZA-R-204–ArequestforconcurrencewiththeAugustaPlanning Commissionto approveapetitiontoamendtheComprehensive ZoningOrdinanceforAugusta,Georgiabydeletingt hecurrent languageinSection21-1(NeighborhoodBusiness)pe rmitting restaurantsandcafesandaddingnewprovisionsfor theiruse. Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 9 ORDINANCE ______ An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta, Georgia Commission effective September 16, 1997 by amending Section 21-1 (Neighborhood Business) THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTIO I. That the Comprehensive Zoning Ordinance is amended by deleting the following in Section 21-1 (b) (Permitted Uses) (22) Restaurant, tea room, or cafe (excluding dancing or entertainment) SECTIO II. That the Comprehensive Zoning Ordinance is amended by substituting the following in Section 21-1 (b) (Permitted Uses) (22) Café having a seating capacity of less than 40 persons and conducted consistent with Section 6-2-52 of the Augusta Georgia Code thereby regulating alcohol licenses for eating establishments. Restaurant having a seating capacity of at least 40 persons and conducted consistent with Section 6-2-52 of the Augusta Georgia Code thereby regulating alcohol licenses for eating establishments. SECTIO III . All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Duly adopted by the Augusta, Georgia Commission this ______ day of __________________, 2011. __________________________________________ MAYOR, AUGUSTA COMMISSION AUGUSTA, GEORGIA ATTEST: ________________________________________ LENA BONNER, CLERK First Reading: ____________________________ Second Reading: __________________________ Attachment number 1 Page 1 of 2 Item # 9 Attachment number 1 Page 2 of 2 Item # 9 CommissionMeetingAgenda 6/21/20115:00PM ZA-R-205 Department:PlanningCommission Caption: ZA-R-205–ArequestforconcurrencewiththeAugustaPlanning Commissionto approveapetitiontoamendtheComprehensive ZoningOrdinanceforAugusta,Georgiabyaddingan ew Special ExceptioninSection21-2(NeighborhoodBusiness)forcafesthat servealcoholicbeverages. Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 10 ORDINANCE ______ An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta, Georgia Commission effective September 16, 1997 by amending Section 21-2 (Neighborhood Business) THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTIO I. That the Comprehensive Zoning Ordinance is amended by adding the following in Section 21-2 (Special Exception) d) A Tavern having a seating capacity of less than 40 persons conducted consistent with Section 6-2-51 of the Augusta Georgia Code thereby regulating alcohol licenses (excluding dancing and entertainment). SECTIO II . All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Duly adopted by the Augusta, Georgia Commission this ______ day of __________________, 2011. __________________________________________ MAYOR, AUGUSTA COMMISSION AUGUSTA, GEORGIA ATTEST: ________________________________________ LENA BONNER, CLERK First Reading: ____________________________ Second Reading: __________________________ Attachment number 1 Page 1 of 1 Item # 10 CommissionMeetingAgenda 6/21/20115:00PM AlcoholApplication Department:License&Inspections Caption:Motionto approveNewApplication:A.N.11-22:requestby RitabenPatelforaretailpackage Beer&Wine licensetobeused inconnectionwithHiralEnterprises,Inc.DBA SuperExpress#9 locatedat3694PeachOrchardRd.District6.Super District10. (ApprovedbyPublicServicesCommitteeJune13,201 1) Background:Thisisanewlocation. Analysis:TheapplicantmeetstherequirementsoftheAugusta Richmond CountyAlcoholOrdinance. FinancialImpact:Theapplicantwillpayapro-ratedfeeof$605.00 . Alternatives: Recommendation:License&Inspectionsrecommendsapproval.TheRCSD recommendsapproval. FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Finance. Law. Administrator. ClerkofCommission Cover Memo Item # 11 Attachment number 1 Page 1 of 2 Item # 11 Attachment number 1 Page 2 of 2 Item # 11 CommissionMeetingAgenda 6/21/20115:00PM AlcoholApplication Department:License&Inspections Caption:Motionto approve NewApplication:A.N.11-23:requestby ChristopherKingforanonpremiseconsumption Beer&Wine licensetobeusedinconnectionwithPauley'sloca tedat1022 BroadSt.District1.SuperDistrict9.(ApprovedbyPublic ServicesCommitteeJune13,2011) Background:Thisisanewapplication. Analysis:TheapplicantmeetstherequirementsoftheAugusta Richmond CountyAlcoholOrdinance. FinancialImpact:Theapplicantwillpayapro-ratedfeeof$605.00 . Alternatives: Recommendation:License&Inspectionsrecommendsapproval.TheRCSO recommendsapproval. FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Finance. Law. Administrator. ClerkofCommission Cover Memo Item # 12 Attachment number 1 Page 1 of 2 Item # 12 Attachment number 1 Page 2 of 2 Item # 12 CommissionMeetingAgenda 6/21/20115:00PM AlcoholApplication Department:License&Inspections Caption:Motionto approveNewOwnershipApplication:A.N.11-24: requestbyGouriPrasadRoaVuppulaforaretailpa ckage Beer& WinelicensetobeusedinconnectionwithPhoenixFood &Gas DBAChevronFoodMartlocatedat1500GordonHwy.D istrict2. SuperDistrict9.(ApprovedbyPublicServicesCommittee June13,2011) Background:Thisisanewownershipapplication.Formerlyinth enameofMan Pahari. Analysis:TheapplicantmeetstherequirementsoftheAugusta Richmond CountyAlcoholOrdinance. FinancialImpact:Theapplicantwillpayapro-ratedfeeof$605.00 . Alternatives: Recommendation:License&Inspectionsrecommendsapproval.TheRCSO recommendsapproval. FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Finance. Law. Administrator. ClerkofCommission Cover Memo Item # 13 Attachment number 1 Page 1 of 2 Item # 13 Attachment number 1 Page 2 of 2 Item # 13 CommissionMeetingAgenda 6/21/20115:00PM AlcoholApplication Department:License&Inspections Caption:Motionto approve NewApplication:A.N.11-25:requestby JasonF.Beckforanonpremiseconsumption Liquor,Beer& WinelicensetobeusedinconnectionwithBarWestMar tini Loungelocatedat3631WaltonWayExt.Ste3.Distr ict7.Super District10.(ApprovedbyPublicServicesCommitteeJune13, 2011) Background:Thisisanewapplication. Analysis:TheapplicantmeetstherequirementsoftheAugusta Richmond CountyAlcoholOrdinance. FinancialImpact:Theapplicantwillpayapro-ratedfeeof$2117.5 0. Alternatives: Recommendation:License&Inspectionsrecommendsapproval.TheRCSO recommendsapproval. FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Finance. Law. Administrator. ClerkofCommission Cover Memo Item # 14 Attachment number 1 Page 1 of 2 Item # 14 Attachment number 1 Page 2 of 2 Item # 14 CommissionMeetingAgenda 6/21/20115:00PM MassageOperatorsLicense Department:License&Inspections Caption:Motionto approvearequestbyNylesL.Ellefsonfora TherapeuticMassageOperatorslicensetobeusedin connection withBellaCapelliSalon&Spalocatedat229Furys FerryRd.Ste 101.District7.SuperDistrict10.(ApprovedbyPublicServices CommitteeJune13,2011) Background:Thisisanewapplication. Analysis:TheapplicantsmeetstherequirementsoftheAugust aRichmond CountyOrdinanceregulatingMassageTherapy. FinancialImpact:Theapplicantwillpayaregulatoryfeeof$110.00. Alternatives: Recommendation:License&Inspectionsrecommendsapproval.TheRCSO recommendsapproval. FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Finance. Law. Administrator. ClerkofCommission Cover Memo Item # 15 Attachment number 1 Page 1 of 1 Item # 15 CommissionMeetingAgenda 6/21/20115:00PM Resolutionre:McBeanPark Department:Recreation,Parks&FacilitiesDepartment Caption:Motionto approveconveyingAugusta’sinterestintheproperty, knownastheformerMcBeanParkonMikePadgettHig hway,to theCountyBoardofEducationofRichmondCounty,a ndto authorizetheMayorandClerkofCommissiontoexec utea quitclaimdeedandsuchotherpapersasnecessary.(Approved byPublicServicesCommitteeJune13,2011) Background:OnAugust15,1986,theCountyBoardofEducationo fRichmond CountyconveyedtoRichmondCounty,Georgiathepro perty commonlyknownas5106MikePadgettHighway,Hephzi bah, Georgia,andasmorefullydescribedasParcelNo.1 inthat certaindeedrecordedintheOfficeoftheClerkof theSuperior CourtofRichmondCounty,GeorgiainDeedBook238,page418 (“ParcelNo.1”).Thepropertywasconveyedsubjec ttoa restrictionthatthepropertywastobeusedforgo vernmental purposesandthatifceasedtobeusedforgovernme ntpurposes,it wouldrevertbacktotheCountyBoardofEducation ofRichmond County.Inthepast,AugustaoperatedaparkonPar celNo.1and onanadjoiningparcelofland(ParcelNo.3).Aug ustahasnow ceasedtooperatetheparkandhasnogovernmentus eforthe property,anditisappropriatetoquitclaimParce lNo.1andany interestAugustamayhaveinParcelNo.3totheCo untyBoardof EducationofRichmondCounty.Untilthelandisco nveyedback totheBoardofEducation,theParksandRecreation Department hasanobligationtocontinuetoexpendfundstoke eptheproperty mowedandclean.ParksandRecreationisrequestin gthata resolutionbeadoptedauthorizingthequitclaiming oftheproperty totheBoardofEducation.AproposedResolutiona ndDeedare attached. Analysis:n/a FinancialImpact: Alternatives:Notapprovetheconveyanceandcontinuetomaintain thepark. Cover Memo Item # 16 Recommendation:Approvetheconveyanceoftheproperty. FundsareAvailable intheFollowing Accounts: n/a REVIEWEDANDAPPROVEDBY : Finance. Law. Administrator. ClerkofCommission Cover Memo Item # 16 RESOLUTION WHEREAS, on the 15th day of August, 1986, the County Board of Education of Richmond County conveyed to Richmond County, Georgia the property commonly known as 5106 Mike Padgett Highway, Hephzibah, Georgia and described as Parcel No. 1 in that certain deed recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Deed Book 238, page 418 (the “Parcel No. 1”), said property was to be used for governmental purposes; and WHEREAS, Parcel No. 1 was a portion of a larger tract of land owned by the County Board of Education of Richmond County; and WHEREAS, at the time Parcel No. 1 was conveyed to Richmond County, Georgia, the County Board of Education of Richmond County retained a portion of the larger tract, said retained property being designated as Parcel No. 3 on plat prepared for the Richmond County Board of Commissioners by James G. Swift & Associates, dated May 27, 1986, and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Deed Book 238, page 420 (Parcel No. 3); and WHEREAS, Augusta previously operated a park on Parcel No. 1 and Parcel No. 3 and otherwise, used said parcels for government purposes, but subsequently ceased to use Parcel No. 1 and Parcel No. 3 as a park or for any government purpose; and WHEREAS, the aforesaid deed contained a reversionary clause that provided that in the event Parcel No. 1 should cease to be used for a public purpose, the Property would revert to the County Board of Education of Richmond County; and Attachment number 1 Page 1 of 5 Item # 16 WHEREAS, it is appropriate for Augusta to quitclaim and relinquish any interest it may have in Parcel No. 1 and Parcel No. 3 to the County Board of Education of Richmond County. NOW THEREFORE, it is hereby resolved that: 1. Augusta hereby surrenders any interest that it may have in Parcel No. 1 and Parcel 3 as shown on the plat recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Deed Book 238, page 420 to the County Board of Education of Richmond County. 2. That the Mayor and Clerk of Commission are hereby authorized and directed to execute a quitclaim deed along with such other papers as may be necessary to convey Augusta’s interest in Parcel No. 1 and Parcel No. 3 to the County Board of Education of Richmond County, all in form as approved by the General Counsel. This ___ day of ______, 2011. _____________________________ Mayor Attachment number 1 Page 2 of 5 Item # 16 Return to: James T. Plunkett 429 Walker Street, Upper Level Augusta, Georgia 30901 STATE OF GEORGIA ) COUNTY OF RICHMOND ) TNX THIS INDENTURE, made this ____ day of ______, 2011, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, as Party of the First Part, and COUNTY BOARD OF EDUCATION OF RICHMOND COUNTY, as Party of the Second Part, WITNESSETH: That the said Party of the First Part, for and in consideration of the sum of ONE ($1.00) DOLLAR, and other good and valuable consideration in hand paid, the receipt whereof is acknowledged, has bargained, sold, and by these presents does bargain, sell, remise, release and forever QUIT-CLAIM to the said Party of the Second Part, its successors and assigns, all the right, title, interest, claim, or demand which the Party of the First Part has or may have in and to the following described property to wit: See Exhibit A hereto attached and by reference made a part hereof. TOGETHER WITH all the rights, members and appurtenances to the said described Property in anywise appertaining or belonging. TO HAVE AND TO HOLD the said described premises to the said Party of the Second Part, so that neither the said Party of the First Part nor its successors and assigns, nor any other person or persons claiming under it shall at any time, by any means or ways, have, claim or Attachment number 1 Page 3 of 5 Item # 16 demand any right or title to the aforesaid described Property or its appurtenances, or any rights thereof. IN WITNESS WHEREOF, the said Party of the First Part has caused this instrument to be executed by its duly authorized Mayor and seal affixed, the day of year above written. AUGUSTA, GEORGIA ____________________________ (L.S.) By: Is Mayor Attest: ________________________________ Its: Clerk of Commission Signed, sealed and delivered in the presence of: ______________________________ ______________________________ Notary Public, State of Georgia Attachment number 1 Page 4 of 5 Item # 16 Exhibit A All those lots, tracts or parcels of land, with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond and being designated as Parcel No. 1 containing 2.536 acres, more or less, and Parcel No. 3 containing 0.748 acres, more or less, as shown on a plat prepared for the Richmond County Board of Commissioners by James G. Swift & Associates, dated May 27, 1986 and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Deed Book 238, page 420, reference being made to said plat for a more complete and accurate description of the metes, bounds and location of said property. Map/Parcel 354-0-039-0 Attachment number 1 Page 5 of 5 Item # 16 CommissionMeetingAgenda 6/21/20115:00PM AnOrdinancetoAmendtheAugusta,GA.CodeSection s1-4-81through1-4-94RelatingtotheCreation andDutiesofthePlanningCommissionandZoningBo ardofAppeals. Department:Administrator Caption:AnOrdinancetoamendtheAugusta,GA.CodeTitleO neChapter FourArticleSixSections1-4-81through1-4-94rel atingtothe CreationandDutiesofthePlanningCommissionand Zoning BoardofAppeals;torepealallCodeSectionsandO rdinancesand partofCodeSectionsandOrdinancesinconflicthe rewith;to provideaneffectivedateandforotherpurposes.(No recommendationfromAdministrativeServicesCommitt ee June13,2011) Background:OnMarch30,2011,theAugustaGeorgiaCommissiona pproved theAdministrator’sreorganizationplanasdescribe dinthe Augusta,GeorgiaProposedGovernmentReorganization Draft ProjectPlan.ThisProjectPlanrequiresthecreat ionofan Augusta,GeorgiaPlanningandDevelopmentDepartmen twhich istoassumecertaindutiesofthePlanningCommiss ion. Analysis:ThisordianceupdatesandamendstheCodeasrelate dtothe dutiesoftheAugusta,GeorgiaPlanningCommission andthe Augusta,GeorgiaPlanningandDevelopmentDepartmen ttobe consistentwiththeProposedGovernmentReorganizat ionDraft ProjectPlan. FinancialImpact:N/A. Alternatives:Declinetoamendcodeatthistime. Recommendation:Approve. FundsareAvailable intheFollowing Accounts: N/A. Cover Memo Item # 17 REVIEWEDANDAPPROVEDBY : Finance. Law. Administrator. ClerkofCommission Cover Memo Item # 17 ORDINANCE NO. ___________ An Ordinance to Amend the Augusta, GA. Code Title One Chapter Four Article Six Sections 1-4-81 through 1-4-94 Relating to the Creation and Duties of the Planning Commission and Zoning Board of Appeals; To Repeal All Code Sections and Ordinances and Part of Code Sections and Ordinances in Conflict Herewith; To Provide an Effective Date and for Other Purposes. WHEREAS, on March 30, 2011, the Augusta Georgia Commission approved the $GPLQLVWUDWRU¶VUHRUJDQL]DWLRQSODQDVGHVFULEHGLQWKe Augusta, Georgia Proposed Government Reorganization Draft Project Plan; and WHEREAS, such Proposed Government Reorganization Draft Project Plan requires the creation of an Augusta, Georgia Planning and Development Department which is to assume certain duties of the Planning Commission; and WHEREAS, Augusta, Georgia desires to update and amend the Code as related to the duties of the Augusta, Georgia Planning Commission and the Augusta, Georgia Planning and Development Department to be consistent with the Proposed Government Reorganization Draft Project Plan; WHEREAS, 1997 Ga. Laws p. 4024 designates the name of the consolidated government as ³Augusta, Georgia´; and WHEREAS, Augusta, Georgia seeks to update the Code to reflect the name of the consolidated government. THE AUGUSTA, GEORGIA COMMISSION, ordains as follows: SECTION 1. AUGUSTA, GA. CODE Sections 1-4-81 through 1-4-94 as set forth in the Augusta, Ga. Code, re-adopted July 10, 2007, are hereby amended by striking these sections in their entirety DVVHWIRUWKLQ³([KLELW$´KHUHWRand inserting in lieu thereof new Code Sections 1-4-81 through 1-4-94, restated as set forth in ³([KLELW%´KHUHWR SECTION 2. This ordinance shall become effective the first day of November, 2011. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Attachment number 1 Page 1 of 27 Item # 17 Adopted this _____ day of , 2011. ___________________________ David S. Copenhaver As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Seal: Attachment number 1 Page 2 of 27 Item # 17 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on_________________, 2011 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: ______________________ First Reading ______________________ Second Reading ______________________ Attachment number 1 Page 3 of 27 Item # 17 Exhibit A Sec. 1-4-81. Creation. There is hereby created a planning commission with the membership, powers and duties as set forth herein. The commission created herein shall be known as the Augusta-Richmond County Planning Commission. Sec. 1-4-82. Membership, terms of office and compensation. (a) The Augusta-Richmond County Planning Commission (hereinafter referred to as the Planning Commission) shall consist of ten (10) members (plus an additional two members should the Richmond County Legislative Delegation choose to appoint two members) to be appointed for the terms of four (4) years; provided, however, the initial appointments shall be made as follows: (1) There shall be one (1) member who resides in each of the ten (10) districts of Augusta-Richmond County appointed by the Augusta-Richmond County Commission. (2) Except as provided herein, members of the Planning Commission of Richmond County and the City of Augusta who were serving on said boards on January 1, 1997, having had no fixed terms, shall served until their successors are appointed and qualified. (3) Members of the Planning Commission serving as of January 1, 1997, shall continue to serve until their successors are appointment by the Commissioner representing the respective District and qualified and are to represent the districts as herein set forth, to wit: Term Expires a. Patricia Jefferson District 1 2/1/99 b. Thelma Mack District 2 3/31/2000 c. Nick Dickinson District 3 3/31/98 d. Richard Colclough District 4 4/1/99 e. Frank Knapp, III District 5 3/31/98 f. Appointment TBA District 6 3/31/2000 g. James Randall Hall District 7 3/31/98 h. Hugh Fulcher, Jr. District 8 3/31/2000 i. Margaret Armstrong District 9 3/31/98 j. Ed Dickerson District 10 2/1/98 Attachment number 1 Page 4 of 27 Item # 17 (4) The successor to the member representing District 1 shall serve until March 31, 2002, or until his successor is appointment and qualified. (5) The successors to the member representing District 4 and 10 shall serve until March 31, 2000, or until their successors are appointed and qualified. (6) Members of the board appointed by the Commissioner of the respective Districts to succeed those in subsections 3, 4 and 5 hereof shall serve for terms of office of four (4) years and until their successors are appointed and qualified. (7) Should the Richmond County Legislative Delegation choose to appoint two (2) members as provided in the Consolidation Act, such members shall serve for a term of four (4) years and until their successors are appointed and qualified. In the event the appointed authority of the Legislative Delegation is removed from the Consolidation Act, this subsection shall automatically be repealed. (8) All terms shall expire on March 31 of the applicable year, and new terms shall begin on April 1 of the applicable year. (b) In the event of a vacancy by reason of a death, disqualification, resignation or other reason, the Augusta-Richmond County Commission shall appoint a person to serve the remainder of the term of such member. (c) No vacancy on the Planning Commission shall impair the right of the quorum to exercise all of their rights and perform all of the duties of the Planning Commission. (d) The Chairman of the Planning Commission shall not be entitled to vote upon any issue, motion or resolution, except where his vote will change the result on said motion, resolution or question. (e) Members of the Planning Commission shall serve for such compensation as shall be established by the Augusta-Richmond County Commission. (f) No member of the Planning Commission may be removed from office prior to the expiration of his term except for cause after having been given notice and afforded a hearing before the Augusta-Richmond County Commission. Prior to said hearing, said member shall be served by registered or certified mail addressed to his residence as shown in the files of the Planning Commission, at least ten (10) days before the date set for said hearing with written specifications of the charges against him. Sec. 1-4-83. Organization, rules, staff, finances. Attachment number 1 Page 5 of 27 Item # 17 (a) The Planning Commission shall elect a Chairman and Vice-Chairman from its members. The terms of office of the Chairman and Vice-Chairman shall be one (1) year with eligibility for reelection to no more than two (2) consecutive terms. (b) The Planning Commission may appoint a secretary who may be an official or employee of the Planning Commission, or the Augusta-Richmond County Commission. (c) The Planning Commission shall make its own rules of procedure in accordance with the general provisions of this ordinance and determine its time and place of meeting. All meetings of the Planning Commission, at which official actions are taken, shall be a public record. (d) The Planning Commission is empowered to appoint such employees, consultants, legal counsel, and staff as it may deem necessary for its work and may contract with municipal planning and other consultants for such services as it may required for the performance of its work. (e) The Planning Commission may purchase such equipment and supplies as it may deem necessary. (f) The expenditures of the Planning Commission, exclusive of gifts and grants, shall be within the amounts approved for it by the Augusta-Richmond County Commission. Sec. 1-4-84. Principal powers and duties. It shall be the function and duty of the Planning Commission to make such careful and comprehensive surveys and studies of existing conditions and probably future developments and to prepare such plans for physical, social and economic growth as will best promote the public health, safety, morals, convenience, prosperity, or the general welfare as well as efficiency and economy in the development of Augusta-Richmond County. In particular, the Planning Commission shall have the power and duty to: (a) Prepare a master plan or parts thereof for the development of Augusta-Richmond County. (b) Prepare and recommend for adoption to the Augusta-Richmond County Commission a zoning ordinance and map or maps. (c) Prepare and recommend for adoption to the Augusta-Richmond County Commission regulations for the subdivision of land within its political jurisdiction. Sec. 1-4-85. Miscellaneous powers and duties. Attachment number 1 Page 6 of 27 Item # 17 In addition to the principal powers and duties set forth above, the Planning Commission may: (a) Cooperate with, contract with, or accept funds from Federal, State or local governments, public or semipublic agencies or private individuals or corporations; expend such funds; and carry out such cooperative undertakings and contracts may be necessary for the performance of its duties and to promote the planning of Augusta- Richmond County, including the authority to enter into agreements with jurisdictions and agencies in adjacent counties and states. (b) Prepare, publish and distribute maps, plans, reports and recommendations relating to the planning and development of Augusta-Richmond County. (c) Recommend to the Augusta-Richmond County Commission programs for public improvements and the financing thereof. (d) Secure, within a reasonable time, from all public officials such available information as it may require for its work. (e) In the performance of its functions, enter upon land, make examinations and surveys, and place and maintain necessary signs, monuments or markings thereon. (f) Any other function or duty which may from time to time be delegated to the Planning Commission by order, directive, ordinance or resolution of the Commission of Augusta-Richmond County, or officials thereof. Sec. 1-4-86. Performance of duties ± Master Plan. (a) It shall be the duty of the Planning Commission to make a master plan of Augusta- Richmond County and to perfect if from time to time. (b) Such master plan may show, among other things, the following: (1) Existing and proposed streets, highways, expressways, bridges, tunnels and viaducts and approaches thereto; routs of railroads and transit lines; terminals, ports and airports. (2) Parks, playgrounds, forests and other public open spaces. (3) Sites for public buildings, structures and facilities. (4) Land areas for residential, business, industrial, recreational, agricultural, forestry, and special purposes and uses. (5) Limited development areas for purposes of conservation, water supply, sanitation, drainage, historic preservation, protection against flooding and similar environmental considerations. Attachment number 1 Page 7 of 27 Item # 17 (6) Areas for housing development, slum clearance, and urban renewal and redevelopment. (7) Location of public utilities whether publicly or privately owned, including but not limited to sewerage and water supply systems. (8) Zoning districts and other planning features. (9) Time and priority schedules and cost estimates for the accomplishment of the proposals. (c) The master plan shall be based upon and include appropriate studies of the location and extent of present and anticipated other pertinent data. (d) Such plan may be adopted, added to and changed from time to time by the Augusta- Richmond County Commission. It shall be a public record, but its purpose and effect shall be solely to aid the Planning Commission in the performance of its duties. Sec. 1-4-87. Performance of duties ± Zoning ordinance and maps. (a) It shall be the duty of the Planning Commission to prepare and recommend for adoption to the Augusta-Richmond County Commission a zoning ordinance and map or maps. The purpose of such ordinance and map or maps shall be to regulate: (1) The location, height, bulk, number of stories, and size of buildings and other structures. (2) The percentage of lot which may be occupied, the sizes of yards, courts, and other open areas. (3) The density and distribution of population and dwelling units. (4) Land areas designated for business and industrial use, residences, recreation, agriculture, forestry, conservation, historic preservation, water supply, sanitation, protection against floods, governmental activity and other special purposes. (b) The map or maps shall divide Augusta-Richmond County into districts of such number, shape and size as the Planning Commission may determine; and within such districts it may regulate the erection, construction, reconstruction, alteration, and use of buildings and structures and uses of land. All such regulations shall be uniform for each class or kind of building throughout each district, but the regulations in one district may differ from those in other districts. (c) At such time the Commission of Augusta-Richmond County deems it necessary to enact an entirely new zoning ordinance and map or maps, the governing bodies shall hold a public hearing thereon, at least fifteen (15) days notice of the time and place of which shall be published in a newspaper of general circulation in Augusta-Richmond County. All procedural standards set forth in the Official Code of Georgia shall be complied with. Attachment number 1 Page 8 of 27 Item # 17 (1) No change or departure from the text or maps, as certified by the Planning Commission, shall be made unless such change or departure is first submitted to the Planning Commission for review and recommendation. (2) The Planning Commission shall have thirty (30) days within which to submit its report. If the Planning Commission fails to submit a report within a thirty-day period, it shall be deemed to have approved the change or departure. (d) The zoning ordinance, including the map or maps, may be amended from time to time; but no amendment shall become effective unless it shall have been proposed by or shall have first been submitted to the Planning Commission for review and recommendation. (1) The Planning Commission shall conduct, on behalf of the Augusta-Richmond County Commission, al public hearings on proposed amendments to the zoning ordinance and maps. (2) Policies and procedures as specified by the Official Code of Georgia shall be followed by the Planning Commission in considering such public hearings. Sec. 1-4-88. Zoning board of appeals. (a) The City Council of Augusta and the Board of Commissioners of Richmond County has heretofore created and appointed a Zoning Board of Appeals for Augusta- Richmond County. Said Board is hereby continued and shall be known as the Augusta-Richmond County Board of Zoning Appeals and is hereinafter referred to as the Appeals Board as is hereinafter provided. At their discretion, the Augusta- Richmond County Commission may, by ordinance, designate the Planning Commission to act as the Appeals Board of Augusta-Richmond County. (b) If the Planning Commission is designated to act as the Appeals Board of Augusta- Richmond County, then: (1) Such authority shall be in addition to the powers and duties of the Planning commission set forth herein and shall be carried out in accordance with the provisions of this Section; and (2) Section 1-4-82 of this article shall apply to the membership, terms of office and compensation and section 1-4-83 of this article shall apply to the organization, rules, staff and finances of the Appeals Board in the event that the Planning Commission is designated by ordinance to act as the Board of Zoning Appeals. (c) If said Appeals Board is separate from the Planning Commission, then said Appeals Board shall consist of ten (10) members (plus an additional two members should the Richmond County Legislative Delegation choose to appoint two (2) members) to be Attachment number 1 Page 9 of 27 Item # 17 appointed for terms of four (4) years, provided, however, the initial appointments shall be made as follows: (1) There shall be one (1) member who resides in each of the ten (10) districts of Augusta-Richmond County appointed by the Augusta-Richmond County Commission. (2) Except as provided herein, members of the Planning Commission of Richmond County and the City of Augusta who were serving on said boards on January 1, 1997, having had no fixed terms, shall served until their successors are appointed and qualified. (3) Members of the Planning Commission serving as of January 1, 1997, shall continue to serve until their successors are appointment by the Commissioner representing the respective District and qualified and are to represent the districts as herein set forth, to wit: Term Expires a. Jacqueline Fason District 1 3/31/98 b. Dr. I. E. Washington District 2 4/4/98 c. Jewell Childress District 3 3/31/98 d. Emmerstine Mackie District 4 3/31/2000 e. George Mitchell District 5 3/31/98 f. Appointment TBA District 6 3/31/2000 g. K. Glenn Watson District 7 3/31/98 h. Hardie Davis, Jr. District 8 3/31/2000 i. Thelonius Jones District 9 3/31/98 j. Don Grantham District 10 3/31/1000 (4) The successor to the member representing District 2 shall serve until March 31, 2000, or until his successor is appointment and qualified. (5) Members of the board appointed by the Commissioner of the respective Districts to succeed those appointed in subsections 3 and 4 hereof shall serve for terms of office of four (4) years and until their successors are appointed and qualified. (6) Should the Richmond County Legislative Delegation choose to appoint two (2) members as provided in the Consolidation Act, such members shall serve for a term of four (4) years and until their successors are appointed and qualified. In the event the appointed authority of the Legislative Delegation is removed from the Consolidation Act, this subsection shall automatically be repealed. Attachment number 1 Page 10 of 27 Item # 17 (7) All terms shall expire on March 31 of the applicable year, and new terms shall begin on April 1 of the applicable year. (8) Thereafter, members appointed by the Commission of Augusta-Richmond County shall serve a term of four (4) years. (9) All members shall be eligible for reappointment to said Appeals Board upon expiration of their terms. (10) Any vacancy in membership shall be filled for the unexpired term by the Augusta-Richmond County Commission. (11) Any member may be removed for cause, on written charges, after a public hearing by the Augusta-Richmond County Commission. (12) All members of the Appeals Board shall serve for such compensation as shall be established by the Commission. (13) None of the members shall hold any other public office or position with Augusta-Richmond County, except that one (1) member may also be a member of the Planning Commission. (d) The Board of Zoning Appeals shall elect one (1) of its members as chairman, who shall serve a one (1) year term or until reelected or a successor is elected. (1) The Chairman shall have the power to vote on matters before the Appeals Board only where his vote will change the result. (2) The Appeals Board shall appoint a secretary who may be an official or employee of Augusta-Richmond County of or the Planning Commission. (3) The Appeals Board shall adopt rules in accordance with the provisions of this ordinance. (4) Meetings of the Appeals Board shall be held at the call of the Chairman and at such other times as the Appeals Board may determine. (5) The Chairman, or in his absence the acting Chairman, may administer oaths and compel the attendance of witnesses by subpoena. (6) The Appeals Board shall keep minutes of its proceeding, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which Attachment number 1 Page 11 of 27 Item # 17 shall be immediately filed in the office of the secretary of the Appeals Board and shall be a public record. (e) Appeals to the Board of Zoning Appeals may be taken by any person aggrieved, or by any official, department head, board or bureau of Augusta-Richmond County affected by a decision of an administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Appeals Board, by filing with the secretary of the Appeals Board a notice of appeal specifying the grounds thereof. (1) Upon notice by the secretary of a filing of appeal, the official from whom the appeal is taken shall forthwith transmit to the Appeals Board all papers constituting a record upon which the action appealed was taken. (2) An appeal stays all legal proceedings in furtherance of action appealed from, unless the official from whom the appeal is taken certifies to the Appeals Board, after notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such a case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Appeals Board or by a court on application, on notice to the officer form whom the appeal is taken, and on due cause shown. (3) Upon receipt of notice of appeal in a form prescribed by the Appeals Board, the Board of Zoning Appeals shall: a. Fix a reasonable time for the hearing of the appeal or other matter referred to it. b. Publish once in a newspaper of general circulation in Augusta-Richmond County a notice of public hearing on the appeal. Such notice shall be published at least fifteen (15) days prior to the date of the hearing and shall indicate the time and place of the hearing and the nature of the appeals to be considered by the Appeals Board. c. Send postal cards or letters to property owners of record whose property lies within a 300-foot radius of the property subject to the appeal, giving notice of the time, place and nature of appeal. (f) The Appeals Board shall have the following powers: (1) To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by an administrative official in the Attachment number 1 Page 12 of 27 Item # 17 enforcement of the zoning ordinance adopted by Augusta-Richmond County pursuant to this division, (2) To hear and decide special exceptions to the terms of the zoning ordinance upon which the Appeals Board as required to pass under such ordinance. (3) To authorize upon appeal in specific cases such variance from the terms of the zoning ordinance as will not be contrary to the public interest where, owing to special conditions, literal enforcement of the provisions of the zoning ordinance will, in an individual case, result in an unnecessary hardship, so that the spirit of the zoning ordinance shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship upon finding by the Appeals Board that: a. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography; and b. The application of the zoning ordinance to this particular piece of property would create an unnecessary hardship; and c. Such conditions are peculiar to the particular piece of property involved; and d. Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the zoning ordinance; however, no variance may be granted for the use of land or building or structure which is prohibited by the zoning ordinance. (4) In exercising the above powers, the appeals board may, in conformity with the provisions of this section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination; and to that end, the board shall have all of the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit. (g) Any person or persons severally or jointly aggrieved by any decision of the Appeals Board or with any official charged with the enforcement of any order, requirement or decision of said board may take an appeal to the Superior Court of Richmond County, Georgia. Said appeal shall be the same as an appeal to the superior court form any decision made by the probate court, except that said appeal shall be filed within thirty (30) days from the date of the decision of the Appeals Board or of any official charged with the enforcement of any order, requirement or decision in connection therewith; and upon failure to file said appeal within thirty (30) days, the decision of the Appeals Board shall be final. Attachment number 1 Page 13 of 27 Item # 17 Sec. 1-4-89. Performance of duties, subdivision regulations. (a) From and after the time that the Augusta-Richmond County Planning Commission established in accordance with this article shall have prepared and adopted a master plan or at least the major street portion of such master plan and shall have recommended to the governing body of Augusta-Richmond County regulations for the subdivision of land within Augusta-Richmond County, which regulations shall have been adopted by the governing bodies, then no plat of subdivision of land within Augusta-Richmond County shall be filed or recorded in the office of the Clerk of the superior court of the county until it shall have been submitted to and approved by the Planning Commission and such approval entered in writing on the plat by the secretary of the Planning Commission. The clerk of the superior court shall not file or record a plat of a subdivision which does not have the approval of the Planning Commission as required by the division. (b) The Planning Commission shall prepare and recommend to the Augusta-Richmond County Commission for adoption regulations governing the subdivision of land within Augusta-Richmond County. At their discretion, the Commission may readopt such subdivision regulations, along with any amendments, which may have been adopted prior to and were superseded by the ratification of the home rule provisions of the Constitution of the State of Georgia; however, such regulations shall generally conform to the provisions of this division. (c) Subdivision regulations prepared by the Planning Commission and recommended to the Augusta-Richmond County Commission for adoption may provide, in whole or in part, for: (1) The harmonious development of Augusta-Richmond County; (2) The coordination of streets within subdivisions with other existing or planned streets; (3) The size of blocks and lots; (4) The dedication or reservation of land for streets, school sites, and recreation areas and easements for utilities and other public services and facilities; and (5) A distribution of population, dwelling units and traffic control which will tend to create conditions favorable to health, safety, convenience, prosperity or general welfare. (d) Such regulations may include requirements as to the extent to which and the manner in which streets shall be graded, surfaced and improved; and water, sewers, septic tanks and other utility mains, piping, connections, or other facilities shall be installed as a condition precedent to the approval of a subdivision plat. Such regulations may provide that, in lieu of the completion of such work and installations previous to the final approval of a plat, the Augusta-Richmond County Commission may accept a bond, in an amount and with surety and conditions satisfactory to it or a valid contract Attachment number 1 Page 14 of 27 Item # 17 for the performance of the work and installations along with a letter of guarantee for the subdivider, providing for and securing to Augusta-Richmond County the actual construction and installation of improvements and utilities within a period specified by the Planning Commission and expressed in the bond or letter of guarantee. (e) The subdivision regulations may be amended from time to time; but no amendment shall become effective until it shall have been proposed by or shall have first been submitted to the Planning Commission for review and recommendation. (1) The Planning Commission shall conduct, on behalf of the Augusta-Richmond County Commission all public hearings on proposed amendments to the subdivision regulations. (2) The Planning Commission shall hold such hearings after giving at least fifteen GD\V¶QRWLFHRIWKHWLPHDQGSODFHLQDQHZVSDSHURIJHQHUDOFLUFXODWLRQLQ Augusta-Richmond County. The Planning Commission shall have thirty (30), days within which to submit its report; and, if the planning commission fails to submit a report within the thirty (30) day period, it shall have deemed to approve the proposed amendment. (3) The Planning Commission is hereby given the authority to give tentative approval or disapproval to preliminary plats and to approve or disapprove final plats, but in each case their action shall be taken within thirty (30) days after such submission thereof, otherwise, such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the Planning Commission on demand; KRZHYHUWKHDSSOLFDQWIRUWKH3ODQQLQJ&RPPLVVLRQ¶VDSSURYDOPD\ZDLYHWKLV requirement and consent to the extension of such period. The ground for disapproval of any plat shall be stated upon the records of the Planning Commission. (f) The approval of a plat by the Planning Commission shall not be deemed to constitute or effect an acceptance by Commission or the public of the dedication of any street or other ground upon the plat. (g) From and after the time Augusta-Richmond County have adopted subdivision regulations in accordance with this article: (1) Unless provided for by exemption within said regulations, an owner or agent of an owner of any land to be subdivided who transfers or sells or agrees to sell or negotiate to sell such land by reference to or exhibition of or by other use of a plat of subdivision of such land before such plat has been approved by the Planning Commission and recorded in the office of the clerk of Superior Court in Richmond County shall be in violation of this division; and the Augusta-Richmond County Commission, through the Augusta-Richmond County attorney, may enjoin or set aside such transfer, sale or agreement by appropriate action. (2) The Augusta-Richmond County Commission or other public authority shall not accept, lay out, open, improve, grade, pave or light any street or lay or authorize the Attachment number 1 Page 15 of 27 Item # 17 laying of any water mains, sewers, connections, or other facilities or utilities in any street within Augusta-Richmond County unless such street shall have been accepted or opened as, or shall otherwise have received the legal status of, a public street prior to the adoption of said subdivision regulations, or unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by the Planning Commission or on a street plat prepared for and adopted by the Planning Commission. (3) No building permit shall be issued for and no building or other structure shall be erected on any lot within Augusta-Richmond County unless the street giving access to the lot shall be accepted or opened as, or shall otherwise have received the legal status of, a public street prior to that time, or unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by the Planning Commission or on a street plat prepared for and adopted by the Planning Commission or with a street located and accepted by the governing body of Augusta-Richmond County. Any building erected in violation of this division or the duly adopted subdivision regulations shall be deemed an unlawful structure; and the chief building inspection official, Augusta-Richmond County attorney, or other official designated by the governing body may bring appropriate action to enjoin such erection or cause it to be vacated or removed. Sec. 1-4-90. Cumulative powers. All powers and authority granted by this division to the Augusta-Richmond County Planning Commission shall be cumulative and in addition to all other powers and authority said Planning Commission now has or may later have under other laws. Sec. 1-4-91. Amendments to zoning ordinance, map and subdivision regulations. Any amendments to the Augusta-Richmond County Comprehensive Zoning Ordinance, the zoning maps, and any amendments to the subdivision regulations of land shall only require the approval of the Augusta-Richmond County Commission when the property is located in Augusta-Richmond County and does not lie within the incorporated area of City of Hephzibah or the Town of Blythe. The Commission of Augusta-Richmond County may make amendments to the comprehensive zoning ordinance and subdivision regulations of land when the governing body of Augusta-Richmond County determines that such a change would be in the best interest of their respective political subdivision. Secs. 1-4-92 ± 1-4-94. Reserved. Attachment number 1 Page 16 of 27 Item # 17 Exhibit B Sec. 1-4-81. Creation. There is hereby created a planning commission with the membership, powers and duties as set forth herein. The commission created herein shall be known as the Augusta, Georgia Planning Commission. Sec. 1-4-82. Membership, terms of office and compensation. (a) The Augusta, Georgia Planning Commission (hereinafter referred to as the Planning Commission) shall consist of ten (10) members (plus an additional two members should the Augusta, Georgia Legislative Delegation choose to appoint two members) to be appointed for the terms of four (4) years; provided, however, the initial appointments shall be made as follows: (1) There shall be one (1) member who resides in each of the ten (10) districts of Augusta, Georgia appointed by the Augusta, Georgia Commission. (2) Except as provided herein, members of the Planning Commission of Richmond County and the City of Augusta who were serving on said boards on January 1, 1997, having had no fixed terms, shall served until their successors are appointed and qualified. (3) Members of the Planning Commission serving as of January 1, 1997, shall continue to serve until their successors are appointment by the Commissioner representing the respective District and qualified and are to represent the districts as herein set forth, to wit: Term Expires a. Patricia Jefferson District 1 2/1/99 b. Thelma Mack District 2 3/31/2000 c. Nick Dickinson District 3 3/31/98 d. Richard Colclough District 4 4/1/99 e. Frank Knapp, III District 5 3/31/98 f. Appointment TBA District 6 3/31/2000 g. James Randall Hall District 7 3/31/98 h. Hugh Fulcher, Jr. District 8 3/31/2000 i. Margaret Armstrong District 9 3/31/98 j. Ed Dickerson District 10 2/1/98 (4) The successor to the member representing District 1 shall serve until March 31, 2002, or until his successor is appointment and qualified. Attachment number 1 Page 17 of 27 Item # 17 (5) The successors to the member representing District 4 and 10 shall serve until March 31, 2000, or until their successors are appointed and qualified. (6) Members of the board appointed by the Commissioner of the respective Districts to succeed those in subsections 3, 4 and 5 hereof shall serve for terms of office of four (4) years and until their successors are appointed and qualified. (7) Should the Augusta, Georgia Legislative Delegation choose to appoint two (2) members as provided in the Consolidation Act, such members shall serve for a term of four (4) years and until their successors are appointed and qualified. In the event the appointed authority of the Legislative Delegation is removed from the Consolidation Act, this subsection shall automatically be repealed. (8) All terms shall expire on March 31 of the applicable year, and new terms shall begin on April 1 of the applicable year. (b) In the event of a vacancy by reason of a death, disqualification, resignation or other reason, the Augusta, Georgia Commission shall appoint a person to serve the remainder of the term of such member. (c) No vacancy on the Planning Commission shall impair the right of the quorum to exercise all of their rights and perform all of the duties of the Planning Commission. (d) The Chairman of the Planning Commission shall not be entitled to vote upon any issue, motion or resolution, except where his vote will change the result on said motion, resolution or question. (e) Members of the Planning Commission shall serve for such compensation as shall be established by the Augusta, Georgia Commission. (f) No member of the Planning Commission may be removed from office prior to the expiration of his term except for cause after having been given notice and afforded a hearing before the Augusta, Georgia Commission. Prior to said hearing, said member shall be served by registered or certified mail addressed to his residence as shown in the files of the Planning Commission, at least ten (10) days before the date set for said hearing with written specifications of the charges against him or her. Attachment number 1 Page 18 of 27 Item # 17 Sec. 1-4-83. Organization, rules, finances (a) The Planning Commission shall elect a Chairman and Vice-Chairman from its members. The terms of office of the Chairman and Vice-Chairman shall be one (1) year with eligibility for reelection to no more than two (2) consecutive terms. (b) The Director of Planning and Development may appoint a secretary who may be an official or employee of Augusta, Georgia. (c) The Planning Commission shall make its own rules of procedure in accordance with the general provisions of this ordinance and shall determine the time and place of Planning Commission meetings. All meetings of the Planning Commission shall be public meetings in accordance with the Georgia Open Meetings Act. (d) The expenditures of the Planning Commission, exclusive of gifts and grants, shall be within the amounts approved for it by the Augusta, Georgia Commission. (e) Staff functions for the Planning Commission shall be performed by the Planning and Development Department. The Secretary appointed by the Planning Commission shall be the liaison to the Planning and Development Department. Sec. 1-4-84. Principal powers and duties. (a) It shall be the duty of the Planning Commission to review and formulate a recommendation on all amendments to the text of the Comprehensive Zoning Ordinance that are proposed by the Augusta, Georgia Planning and Development Department. The Planning Commission shall hold a public hearing on each proposed text amendment after proper notice per Georgia law and the Augusta, Georgia Code has been given. The recommendation of the Planning Commission shall be submitted in writing to Augusta, Georgia, along with the recommendation of the Planning and Development Department, within thirty (30) days after such hearing has been held. No changes to the text of the Comprehensive Zoning Ordinance shall be made unless such changes are first submitted to the Planning Commission for review and recommendation. (b) It shall be the duty of the Planning Commission to review and formulate a recommendation on all amendments to the zoning map and Special Exceptions. Such map amendments and/or Special Exceptions may be proposed by private property owners or the Planning and Development Department. The Planning Commission shall hold a public hearing on each proposed map amendment after proper notice per Georgia law and the Augusta, Georgia Code has been given. The recommendation of the Planning Commission, along with the recommendation of the Planning and Development Department, shall be submitted in writing to the Augusta, Georgia Commission within thirty (30) days after such hearing has been held. No change to the zoning maps shall be made unless such change is first submitted to the Planning Commission for review and recommendation. Attachment number 1 Page 19 of 27 Item # 17 (c) It shall be the duty of the Planning Commission to perform certain activities specifically assigned to it by the Augusta, Georgia Commission. Such duties shall include, but are not limited to, making decisions regarding certain types of determinations and variances. Such decisions shall be made after a public hearing has been held on each proposed issue after proper notice per Georgia law and the Augusta, Georgia Code has been given. Notice of such decisions shall be given in writing to the Planning and Development Department. (d) The Planning Commission shall conduct such public hearings as are required in the development of or revision to Master Plans, Comprehensive Plans, or similar planning processes. Input on such planning processes shall be provided by the Planning Commission in consultation with the Planning and Development Department, to the Augusta, Georgia Commission. (e) The Planning Commission may initiate such text or map amendments to the Comprehensive Zoning Ordinance as it deems necessary in consultation with the Planning and Development Department. Sec. 1-4-85 through 1-4-87. Reserved. Sec. 1-4-88. Zoning board of appeals. (a) The City Council of Augusta and the Board of Commissioners of Richmond County has heretofore created and appointed a Zoning Board of Appeals for Augusta, Georgia. Said Board is hereby continued and shall be known as the Augusta, Georgia Board of Zoning Appeals and is hereinafter referred to as the Appeals Board as is hereinafter provided. At their discretion, the Augusta, Georgia Commission may, by ordinance, designate the Planning Commission to act as the Appeals Board of Augusta, Georgia. (b) If the Planning Commission is designated to act as the Appeals Board of Augusta, Georgia, then: (1) Such authority shall be in addition to the powers and duties of the Planning commission set forth herein and shall be carried out in accordance with the provisions of this Section; and (2) Section 1-4-82 of this article shall apply to the membership, terms of office and compensation and section 1-4-83 of this article shall apply to the organization, rules, and finances of the Appeals Board in the event that the Planning Commission is designated by ordinance to act as the Board of Zoning Appeals. (c) If said Appeals Board if separate from the Planning Commission, then said Appeals Board shall consist of ten (10) members (plus an additional two members should the Augusta, Georgia Legislative Delegation choose to appoint two (2) members) to be Attachment number 1 Page 20 of 27 Item # 17 appointed for terms of four (4) years, provided, however, the initial appointments shall be made as follows: (1) There shall be one (1) member who resides in each of the ten (10) districts of Augusta, Georgia appointed by the Augusta, Georgia Commission. (2) Except as provided herein, members of the Augusta, Georgia Planning Commission who were serving on said boards on January 1, 1997, having had no fixed terms, shall served until their successors are appointed and qualified. (3) Members of the Planning Commission serving as of January 1, 1997, shall continue to serve until their successors are appointment by the Commissioner representing the respective District and qualified and are to represent the districts as herein set forth, to wit: Term Expires a. Jacqueline Fason District 1 3/31/98 b. Dr. I. E. Washington District 2 4/4/98 c. Jewell Childress District 3 3/31/98 d. Emmerstine Mackie District 4 3/31/2000 e. George Mitchell District 5 3/31/98 f. Appointment TBA District 6 3/31/2000 g. K. Glenn Watson District 7 3/31/98 h. Hardie Davis, Jr. District 8 3/31/2000 i. Thelonius Jones District 9 3/31/98 j. Don Grantham District 10 3/31/1000 (4) The successor to the member representing District 2 shall serve until March 31, 2000, or until his successor is appointment and qualified. (5) Members of the board appointed by the Commissioner of the respective Districts to succeed those appointed in subsections 3 and 4 hereof shall serve for terms of office of four (4) years and until their successors are appointed and qualified. (6) Should the Augusta, Georgia Legislative Delegation choose to appoint two (2) members as provided in the Consolidation Act, such members shall serve for a term of four (4) years and until their successors are appointed and qualified. In the event the appointed authority of the Legislative Delegation is removed from the Consolidation Act, this subsection shall automatically be repealed. (7) All terms shall expire on March 31 of the applicable year, and new terms shall begin on April 1 of the applicable year. Attachment number 1 Page 21 of 27 Item # 17 (8) Thereafter, members appointed by the Commission of Augusta, Georgia shall serve a term of four (4) years. (9) All members shall be eligible for reappointment to said Appeals Board upon expiration of their terms. (10) Any vacancy in membership shall be filled for the unexpired term by the Augusta, Georgia Commission. (11) Any member may be removed for cause, on written charges, after a public hearing by the Augusta, Georgia Commission. (12) All members of the Appeals Board shall serve for such compensation as shall be established by the Commission. (13) None of the members shall hold any other public office or position with Augusta, Georgia, except that one (1) member may also be a member of the Planning Commission. (d) The Board of Zoning Appeals shall elect one (1) of its members as chairman, who shall serve a one (1) year term or until reelected or a successor is elected. (1) The Chairman shall have the power to vote on matters before the Appeals Board only where his vote will change the result. (2) The Appeals Board shall appoint a secretary who may be an official or employee of Augusta, Georgia. (3) The Appeals Board shall adopt rules in accordance with the provisions of this ordinance. (4) Meetings of the Appeals Board shall be held at the call of the Chairman and at such other times as the Appeals Board may determine. (5) The Chairman, or in his absence the acting Chairman, may administer oaths and compel the attendance of witnesses by subpoena. (6) The Appeals Board shall keep minutes of its proceeding, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the secretary of the Appeals Board and shall be a public record. Attachment number 1 Page 22 of 27 Item # 17 (e) Appeals to the Board of Zoning Appeals may be taken by any person aggrieved, or by any official, department head, board or bureau of Augusta, Georgia affected by a decision of an administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Appeals Board, by filing with the secretary of the Appeals Board a notice of appeal specifying the grounds thereof. (1) Upon notice by the secretary of a filing of appeal, the official from whom the appeal is taken shall forthwith transmit to the Appeals Board all papers constituting a record upon which the action appealed was taken. (2) An appeal stays all legal proceedings in furtherance of action appealed from, unless the official from whom the appeal is taken certifies to the Appeals Board, after notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such a case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Appeals Board or by a court on application, on notice to the officer form whom the appeal is taken, and on due cause shown. (3) Upon receipt of notice of appeal in a form prescribed by the Appeals Board, the Board of Zoning Appeals shall: a. Fix a reasonable time for the hearing of the appeal or other matter referred to it. b. Publish once in a newspaper of general circulation in Augusta, Georgia a notice of public hearing on the appeal. Such notice shall be published at least fifteen (15) days prior to the date of the hearing and shall indicate the time and place of the hearing and the nature of the appeals to be considered by the Appeals Board. c. Send postal cards or letters to property owners of record whose property lies within a 300-foot radius of the property subject to the appeal, giving notice of the time, place and nature of appeal. (f) The Appeals Board shall have the following powers: (1) To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of the zoning ordinance adopted by Augusta, Georgia pursuant to this division. Attachment number 1 Page 23 of 27 Item # 17 (2) To hear and decide special exceptions to the terms of the zoning ordinance upon which the Appeals Board as required to pass under such ordinance. (3) To authorize upon appeal in specific cases such variance from the terms of the zoning ordinance as will not be contrary to the public interest where, owing to special conditions, literal enforcement of the provisions of the zoning ordinance will, in an individual case, result in an unnecessary hardship, so that the spirit of the zoning ordinance shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship upon finding by the Appeals Board that: a. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography; and b. The application of the zoning ordinance to this particular piece of property would create an unnecessary hardship; and c. Such conditions are peculiar to the particular piece of property involved; and d. Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the zoning ordinance; however, no variance may be granted for the use of land or building or structure which is prohibited by the zoning ordinance. (4) In exercising the above powers, the appeals board may, in conformity with the provisions of this section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination; and to that end, the board shall have all of the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit. (g) Any person or persons severally or jointly aggrieved by any decision of the Appeals Board or with any official charged with the enforcement of any order, requirement or decision of said board may take an appeal to the Superior Court of Richmond County, Georgia. Said appeal shall be the same as an appeal to the superior court form any decision made by the probate court, except that said appeal shall be filed within thirty (30) days from the date of the decision of the Appeals Board or of any official charged with the enforcement of any order, requirement or decision in connection therewith; and upon failure to file said appeal within thirty (30) days, the decision of the Appeals Board shall be final. Attachment number 1 Page 24 of 27 Item # 17 Sec. 1-4-89. Performance of duties, subdivision regulations. (a) From and after the time that the Augusta, Georgia Planning Commission established in accordance with this article shall have prepared and adopted a master plan or at least the major street portion of such master plan and shall have recommended to the governing body of Augusta, Georgia regulations for the subdivision of land within Augusta, Georgia, which regulations shall have been adopted by the governing bodies, then no plat of subdivision of land within Augusta, Georgia shall be filed or recorded in the office of the Clerk of the Superior Court of the county until it shall have been submitted to and approved by the Augusta, Georgia Commission and such approval entered in writing on the plat by the Director of the Planning and Development Department. The Clerk of the Superior Court shall not file or record a plat of a subdivision which does not have the approval of the Augusta, Georgia Commission as required by the division. (b) The Planning Commission shall prepare and recommend to the Augusta, Georgia Commission for adoption regulations governing the subdivision of land within Augusta, Georgia. At their discretion, the Commission may readopt such subdivision regulations, along with any amendments, which may have been adopted prior to and were superseded by the ratification of the home rule provisions of the Constitution of the State of Georgia; however, such regulations shall generally conform to the provisions of this division. (c) Subdivision regulations prepared by the Planning Commission and recommended to the Augusta, Georgia Commission for adoption may provide, in whole or in part, for: (1) The harmonious development of Augusta, Georgia; (2) The coordination of streets within subdivisions with other existing or planned streets; (3) The size of blocks and lots; (4) The dedication or reservation of land for streets, school sites, and recreation areas and easements for utilities and other public services and facilities; and (5) A distribution of population, dwelling units and traffic control which will tend to create conditions favorable to health, safety, convenience, prosperity or general welfare. (d) Such regulations may include requirements as to the extent to which and the manner in which streets shall be graded, surfaced and improved; and water, sewers, septic tanks and other utility mains, piping, connections, or other facilities shall be installed as a condition precedent to the approval of a subdivision plat. Such regulations may provide that, in lieu of the completion of such work and installations previous to the final approval of a plat, the Augusta, Georgia Commission may accept a bond, in an amount and with surety and conditions satisfactory to it or a valid contract for the performance of the work and installations along with a letter of guarantee for the subdivider, providing for and securing to Augusta, Georgia the actual construction and installation of improvements Attachment number 1 Page 25 of 27 Item # 17 and utilities within a period specified by the Planning Commission and expressed in the bond or letter of guarantee. (e) The subdivision regulations may be amended from time to time; but no amendment shall become effective until it shall have been proposed by or shall have first been submitted to the Planning Commission for review and recommendation. (1) The Planning Commission shall conduct, on behalf of the Augusta, Georgia Commission all public hearings on proposed amendments to the subdivision regulations. (2) The Planning Commission shall hold such hearings after giving at least fifteen GD\V¶QRWLFHof the time and place in a newspaper of general circulation in Augusta, Georgia. The Planning Commission shall have thirty (30), days within which to submit its report; and, if the planning commission fails to submit a report within the thirty (30) day period, it shall have deemed to approve the proposed amendment. (3) The Planning and Development Department is hereby given the authority to give tentative approval or disapproval to preliminary plats and the Augusta, Georgia Commission is hereby given the authority to approve or disapprove final plats, but in each case their action shall be taken within thirty (30) days after such submission thereof, otherwise, such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the Director of the Planning and Development Department on demand; however, the applicant for the Director of Planning and Development Department or the Augusta, Georgia &RPPLVVLRQ¶V approval may waive this requirement and consent to the extension of such period. The ground for disapproval of any plat shall be stated upon the records of the Augusta, Georgia Commission. (f) The approval of a plat by the Augusta, Georgia Commission shall not be deemed to constitute or effect an acceptance by Commission or the public of the dedication of any street or other ground upon the plat. (g) From and after the time Augusta, Georgia have adopted subdivision regulations in accordance with this article: (1) Unless provided for by exemption within said regulations, an owner or agent of an owner of any land to be subdivided who transfers or sells or agrees to sell or negotiate to sell such land by reference to or exhibition of or by other use of a plat of subdivision of such land before such plat has been approved by the Augusta, Georgia Commission and recorded in the office of the Clerk of Superior Court in Richmond County shall be in violation of this division; and the Augusta, Georgia Commission, through the Augusta, Georgia attorney, may enjoin or set aside such transfer, sale or agreement by appropriate action. (2) The Augusta, Georgia Commission or other public authority shall not accept, lay out, open, improve, grade, pave or light any street or lay or authorize the laying of Attachment number 1 Page 26 of 27 Item # 17 any water mains, sewers, connections, or other facilities or utilities in any street within Augusta, Georgia unless such street shall have been accepted or opened as, or shall otherwise have received the legal status of, a public street prior to the adoption of said subdivision regulations, or unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by the Augusta, Georgia Commission or on a street plat prepared for and adopted by the Augusta, Georgia Commission. (3) No building permit shall be issued for and no building or other structure shall be erected on any lot within Augusta, Georgia unless the street giving access to the lot shall be accepted or opened as, or shall otherwise have received the legal status of, a public street prior to that time, or unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by the Augusta, Georgia Commission or on a street plat prepared for and adopted by the Augusta, Georgia Commission or with a street located and accepted by the governing body of Augusta, Georgia. Any building erected in violation of this division or the duly adopted subdivision regulations shall be deemed an unlawful structure; and the chief building inspection official, Augusta, Georgia attorney, or other official designated by the governing body may bring appropriate action to enjoin such erection or cause it to be vacated or removed. Sec. 1-4-90. Cumulative powers. All powers and authority granted by this division to the Augusta, Georgia Planning Commission shall be cumulative and in addition to all other powers and authority said Planning Commission now has or may later have under other laws. Sec. 1-4-91. Amendments to zoning ordinance, map and subdivision regulations. Any amendments to the Augusta, Georgia Comprehensive Zoning Ordinance, the zoning maps, and any amendments to the subdivision regulations of land shall only require the approval of the Augusta, Georgia Commission when the property is located in Augusta, Georgia and does not lie within the incorporated area of City of Hephzibah or the Town of Blythe. The Commission of Augusta, Georgia may make amendments to the comprehensive zoning ordinance and subdivision regulations of land when the governing body of Augusta, Georgia determines that such a change would be in the best interest of their respective political subdivision. Secs. 1-4-92 ± 1-4-94. Reserved. Attachment number 1 Page 27 of 27 Item # 17 CommissionMeetingAgenda 6/21/20115:00PM AnOrdinancetoamendtheAugusta,GeorgiaCode,Ar ticle1,Chapter10,relatingtotheprocurementof goodsandservices,theLocalSmallBusinessOpport unitiesProgramandtheDBEProgramforfederally assistedprojects Department:Administrator Caption:AnOrdinancetoamendtheAugusta,GeorgiaCode,Ar ticleOne, ChapterTen,relatingtotheprocurementofgoodsa ndservices, theLocalSmallBusinessOpportunitiesProgramand theDBE Programforfederallyassistedprojectssoastopr ovideupdates andtoestablishpolicies,proceduresandguideline sregardingthe procurementprocessandtheLocalSmallBusiness OpportunitiesProgram;torepealallOrdinancesand partsof Ordinancesinconflictherewith;toprovideaneffe ctivedateand forotherpurposes.(NorecommendationfromAdministrative ServicesCommitteeJune13,2011) Background:Seeattached. Analysis:Seeattached. FinancialImpact:N/A. Alternatives:AmendtheConsolidationActtoseperatetheEqualE mployment FunctionfromthelocalsmallbusinessandDBEfunc tionsand updatetheProcurmentCodetoreflectsuchchanges. Recommendation:Adopttheproposedamendmentsandbegintheprocess of AmendingtheConsolidationActasshowninthealte rnative above. FundsareAvailable intheFollowing Accounts: N/A. REVIEWEDANDAPPROVEDBY : Cover Memo Item # 18 Administrator ClerkofCommission Cover Memo Item # 18 ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, ARTICLE ONE, CHAPTER TEN, RELATING TO THE PROCUREMENT OF GOODS AND SERVICES, THE LOCAL SMALL BUSINESS OPPORTUNITIES PROGRAM AND THE DBE PROGRAM FOR FEDERALLY ASSISTED PROJECTS SO AS TO PROVIDE UPDATES AND TO ESTABLISH POLICIES, PROCEDURES AND GUIDELINES REGARDING THE PROCUREMENT PROCESS AND THE LOCAL SMALL BUSINESS OPPORTUNITIES PROGRAM; TO REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, it is the desire of the Augusta, Georgia Commission to update Code provisions relating to the procurement of goods and services so as to reflect changes in Georgia law and to improve the efficiency of the procurement process; WHEREAS, it is the desire of the Augusta, Georgia Commission to increase the effectiveness of the Local Small Business Opportunities Program and to broaden the number of businesses eligible to participate in the program and to implement race and general neutral measures to reduce discrimination in Augusta, Georgia; WHEREAS, it is the desire of the Augusta, Georgia Commission to update and improve its DBE Program for Department of Transportation (DOT), Federal Transportation Administration (FTA), Federal Aviation Administration (FAA) and other federally funded projects and to ensure full compliance with state and federal regulations; WHEREAS, the DBE Program for DOT, FTA and FAA funded projects is to be approved by the Department of Transportation before it is effective; WHEREAS, based on the foregoing, the Augusta, Georgia Commission recommends amending Article one, Chapter ten of the AUGUSTA, GA CODE. THE AUGUSTA, GEORGIA COMMISSION ordains as follows: SECTION 1. AUGUSTA, GA. CODE Article one, Chapter ten as set forth in the AUGUSTA, GA. CODE, re-adopted July 10, 2007, is hereby amended by striking this Attachment number 1 Page 1 of 3 Item # 18 chapter in its entirety. A new Chapter ten is hereby inserted to replace the repealed Code Chapter ten DVVHWIRUWKLQ³([KLELWA´KHUHWR SECTION 2. This ordinance shall become effective upon its adoption in accordance with applicable laws. Article 13 (DBE Program) shall be effective only following approval of the Department of Transportation. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2011. ___________________________ David S. Copenhaver As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on_________________, 2011 and that such Ordinance have not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: ______________________ Attachment number 1 Page 2 of 3 Item # 18 Exhibit A Attachment number 1 Page 3 of 3 Item # 18 Page 1 of 110 Version 6-8-2011 Article 1 General Provisions and Definitions Sec. 1-10-1. Purpose. Sec. 1-10-2. Application of this chapter. Sec. 1-10-3. Supplementary laws. Sec. 1-10-4. Good faith provision. Sec. 1-10-5. Public access to procurement information. Sec. 1-10-6. Preference for local suppliers, professional services and contractors. Sec. 1-10-7. Value analysis. Sec. 1-10-8. Compliance with state and federal requirement. Sec. 1-10-9. Definitions-generally. Article 2 Sec. 1-10-10 through Sec. 1-10-22. Reserved. Article 3 Office of the Procurement Director Sec. 1-10-23. Authority and responsibility of procurement director. Sec. 1-10-24. Centralization of procurement function. Sec. 1-10-25. Contract administration. Sec. 1-10-26. Unauthorized contracts. Sec. 1-10-27. Conflicts of interests. Sec. 1-10-28. Gratuities and kickbacks. Sec. 1-10-29. Contingent Fees. Sec. 1-10-30. Penalties. Sec. 1-10-31. Reporting of anti-competitive practices to state. Article 4 Product Specifications Sec. 1-10-32. Purpose. Sec. 1-10-33. Types of specifications. Sec. 1-10-34. Maximum practicable competition. Sec. 1-10-35. Qualified products list. Sec. 1-10-36. Background information on vendors. Sec. 1-10-37. Product references in specifications. Sec. 1-10-38. Responsibility for specifications. Sec. 1-10-39. Inspection of purchases. Article 5 Requirements for Bidding or Proposing on Augusta, Georgia Contracts Sec. 1-10-40. Responsibility of bidders and proposers. Sec. 1-10-41. Cost or pricing data. Sec. 1-10-42. Cost or price analysis. Attachment number 2 Page 1 of 110 Item # 18 Page 2 of 110 Version 6-8-2011 Sec. 1-10-43. Bid and performance bonds when required. Sec. 1-10-44. Bid bonds. Sec. 1-10-45. Payment and performance bonds. Sec. 1-10-46. Insurance requirements. Sec. 1-10-47. Pre-qualifications of contractors. Article 6 Procurement Source Selection Methods and Contract Awards Sec. 1-10-48. Generally. Sec. 1-10-49. Purchase order. Sec. 1-10-50. Sealed bids selection method. Sec. 1-10-51. Request for proposals. Sec. 1-10-52. Sealed proposals. Sec. 1-10-53. Competitive selection procedures for professional and consultant services. Sec. 1-10-54. Informal bids selection methods (standard and small purchases) and authority of Administrator and General Counsel. Sec. 1-10-55. Banking services. Sec. 1-10-56. Sole source procurement. Sec. 1-10-57. Emergency procurement selection method. Sec. 1-10-58. Annual contracts Sec. 1-10-59. Specific requirements/options for source selection method. Sec. 1-10-60. Rejection or cancellation of solicitations; negotiating; re- advertisement. Sec. 1-10-61. Multi-term contract. Sec. 1-10-62. Right to inspect facilities. Sec. 1-10-63. Right to audit records and contracts and collection of statistical data. Sec. 1-10-64. Rebidding or cancellation of existing contract. Sec. 1-10-65. Multiple awards. Article 7 Local Small Business Opportunity Program Sec. 1-10-66. Short title. Sec. 1-10-67. Objective. Sec. 1-10-68. Policy. Sec. 1-10-69. Definitions. Sec. 1-10-70. Application; effective date. Sec. 1-10-71. Program administration Sec. 1-10-72. Registration and certification procedures. Sec. 1-10-73. Local small business opportunities program participation Sec. 1-10-74. Exceptions ± federally funded projects Attachment number 2 Page 2 of 110 Item # 18 Page 3 of 110 Version 6-8-2011 Sec. 1-10-75. &LWL]HQ¶V6PDOO%XVLQHVV$GYLVRU\%RDUG Article 8 Suspension or Debarment of Bidder or Proposer Sec. 1-10-76. Authority to suspend or debar from qualified bidder/proposer list. Sec. 1-10-77. Causes for suspension and debarment. Sec. 1-10-78. Notice Sec. 1-10-79. Finality of decision Sec. 1-10-80%RDUGRI&RPPLVVLRQHU¶VLQLWLDWHGGHEDUPHQW Article 9 Appeals Protests and Remedies Sec. 1-10-81. Procurement protests. Sec. 1-10-82. Filing of protest Sec. 1-10-83. Decision by Procurement Director Sec. 1-10-84. Appeals Sec. 1-10-85. Time for filing. Sec. 1-10-86. Request for hearing and effect of untimely appeal. Sec. 1-10-87. Notice of hearing Sec. 1-10-88. Administrative Services Committee hearing procedure and effect of failure to appear at hearing. Sec. 1-10-89. Authority of Administrator to participate in procurement matters. Sec. 1-10-90. Hearing procedures Sec. 1-10-91. Determination of Commission; final decision. Sec. 1-10-92. Contract claims Sec. 1-10-93. Augusta, Georgia's right to amend bid solicitations or awards that are in violation of law. Article 10 Types of Contracts Sec. 1-10-94. Authority to approve, sign and execute contracts by type. Sec. 1-10-95. Public works contracts Article 11 Cooperative Procurement Sec. 1-10-96. Cooperative procurement agreement. Sec. 1-10-97. Sale, acquisition, or use of supplies. Sec. 1-10-98. Cooperative use of supplies or services. Sec. 1-10-99. Joint use of facilities. Sec. 1-10-100. Use of state contracts. Sec. 1-10-101. Purchase of surplus and excess property. Attachment number 2 Page 3 of 110 Item # 18 Page 4 of 110 Version 6-8-2011 Sec. 1-10-102. Waiver. Article 12 Contract Administration and Management Sec. 1-10-103. Purpose. Sec. 1-10-104. Augusta, Georgia contracts and contract clauses. Sec. 1-10-105. Contract modification and price adjustments. Sec. 1-10-106. Retainage. Sec. 1-10-107. Approval of accounting system. Sec. 1-10-108. Contractual provisions for auditing records. Article 13 DBE Program for DOT, FTA, FAA and other Federally Assisted Contracts. Sec. 1-10-109. Purpose. Sec. 1-10-110. Definitions. Sec. 1-10-111. Limitations. Sec. 1-10-112. Policy Statement Sec. 1-10-113. DBE liaison officer. Sec. 1-10-114. DBE financial institutions. Sec. 1-10-115. Prompt payment mechanisms. Sec. 1-10-116. Wage requirements for federally funded projects. Sec. 1-10-117'%(ELGGHU¶VOLVWIRU'27-assisted contracts. Sec. 1-10-118. Overconcentration of DBE firms in certain types of work. Sec. 1-10-119. Compliance with DBE Program requirements. Sec. 1-10-120. DBE Program overall goals. Sec. 1-10-121. Severability. Sec. 1-10-122 through Sec. 1-10-999. Reserved. Attachment number 2 Page 4 of 110 Item # 18 Page 5 of 110 Version 6-8-2011 Chapter 10 PROCUREMENT AND EQUAL OPPORTUNITY ARTICLE 1 GENERAL PROVISIONS AND DEFINITIONS Sec. 1-10-1. Purpose. The purpose of the Procurement and Equal Opportunity Chapter of the AUGUSTA, GA. CODE is to provide detailed procedures for implementation of procurement requirements for Augusta, Georgia, to provide for a DBE Program for federally assisted contracts and to provide for a local small business opportunity program. Further, the purpose of this Chapter is to: (a) Simplify and consolidate procurement procedures; (b) Provide for centralized procurement; (c) Ensure fair and equitable treatment of all persons involved in the procurement process; (d) Foster competition in the public procurement process; and (e) Ensure compliance with all federal, state and local laws. This chapter shall contain all of the rules, regulations, and procedures needed to purchase goods and services and provide other procurement services for the Augusta, Georgia government. Sec. 1-10-2. Application of this chapter. (a) Except as otherwise provided herein, the requirements of this chapter apply to contracts for the procurement of supplies, commodities, services, construction, professional, and consultant service products solicited or entered into by Augusta, Georgia. It shall apply to the expenditure of public funds irrespective of the source of the funds. It shall also apply to the disposal of Augusta, Georgia¶V supplies and personal assets. Attachment number 2 Page 5 of 110 Item # 18 Page 6 of 110 Version 6-8-2011 (b) Nothing in this chapter shall preclude Augusta, Georgia from complying with the terms and conditions of any grant, gift, donation or bequest that are otherwise consistent with state and federal laws. Sec. 1-10-3. Supplementary laws. The principles of law and equity, including those relative to contract, agency, fraud, duress, coercion, mistake, bankruptcy, and the Uniform Commercial Code of Georgia (O.C.G.A. 11-1-101 et. seq. as amended) and all other applicable federal, state and local laws shall apply, as appropriate, to the procurement process. Sec. 1-10-4. Good faith provision. All parties involved in the negotiation, performance, or administration of Augusta, Georgia contracts shall act in good faith. Good faith means honesty in fact in the conduct or transaction concerned and the observance of reasonable commercial standards of fair dealing. See O.C.G.A. § 11-2-201. Sec. 1-10-5. Public access to procurement information. (a) Contract files. Written records pertaining to a solicitation, award or performance of a contract or purchase order shall be maintained by the Procurement Director. (b) Retention. All procurement records shall be maintained and disposed of in accordance with the Records Retention schedule as established by the Augusta, Georgia Commission. (c) Public access. Procurement information shall be considered public records to the extent required by the Georgia Open Records Act. A Request for Proposals (RFP) shall not become public record until the final contract is negotiated and awarded. Any financial, trade secrets or commercial data contained in Request for Proposals shall be considered privileged and confidential and shall not be disclosed. (d) Procurement opportunities will be posted on the Augusta, Georgia internet website under the Procurement Department: http://www.augustaga.gov Attachment number 2 Page 6 of 110 Item # 18 Page 7 of 110 Version 6-8-2011 Sec. 1-10-6. Preference for local suppliers, professional services and contractors. (a) Augusta, Georgia encourages the use of local suppliers of goods, services and construction products whenever possible. Augusta, Georgia also vigorously supports the advantages of an open competitive market place. Nothing in this Section shall be interpreted to mean that the Augusta, Georgia Administrator or Procurement Director are restricted in any way from seeking formal bids or proposals from outside the Augusta market area. (b) When the quotation or informal bids selection method is used by the Procurement Director or using agency head to seek firms to quote on Augusta, Georgia commodities, services and construction products, local firms should be contacted, if possible, first. Where the Procurement Director or using agency head ascertains that there may not be at least three (3) qualified informal bidders, quotes may be sought from outside the Augusta, Georgia market. (c) In the event of a tie bid (see Section 1-10-50 (h)), when all other factors are equal, the Augusta, Georgia Administrator shall select the bid from within the local market area, except that the Administrator shall retain the flexibility to make the award of contract to a bidder outside of the local market area if there is sufficient evidence to support collusive bidding in favor of a local source. (d) The Local Vendor Preference policy shall only be applied to projects of one- hundred thousand dollars ($100,000) or less and only when the lowest local qualified bidder is within 10% or $10,000, whichever is less of the lowest non-local bidders. The lowest local qualified bidder will be allowed to match the bid of the lowest non-local bidder and, if matched, the lowest local qualified bidder will be awarded the contract. (e) For the purposes of this section, "local bidder" shall mean a business which: (1) Has had a fixed office or distribution point in and having a street address within the geographic limits of Richmond County, Georgia for at least six (6) months immediately prior to the issuance of the request for bids or quotes by Augusta; and (2) Holds any business license required by the AUGUSTA, GA. CODE; and Attachment number 2 Page 7 of 110 Item # 18 Page 8 of 110 Version 6-8-2011 (3) Employees at least one full-time employee, or two part-time employees whose primary residence is within the geographic limits of Richmond County, Georgia or if the business has no employees, the business shall be at least fifty percent (50%) owned by one or more persons whose primary residence is within the geographic limits of Richmond County, Georgia. (f) The Procurement Director shall develop a program to routinely search out local firms that offer products or services which Augusta, Georgia may purchase and encourage such firms to place themselves on the local bidder's list. (g) Registration as a local bidder. In order to be registered as a local bidder, a bidder must submit a completed application to the Procurement Department, and the applicant must be approved and registered by the Procurement Department. An eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. (h) Criteria. To be registered as a local bidder, the eligible bidder must satisfy the criteria set forth in subsection (e) above. (i) Term. The certification as a local bidder shall expire two (2) years from the date of the approval of the application. Following the expiration date, a business is no longer a local bidder. An eligible bidder must submit a new application for certification as a local bidder to the Procurement Director and establish that it continues to meet the requirements contained in subparagraph (e) of this section in order to receive a bid preference on eligible local projects. (j) Continuing obligations of eligible bidders registered as local bidders. Eligible bidders registered as local bidders shall be under a continuing duty to immediately inform the Department of Procurement in writing of any Attachment number 2 Page 8 of 110 Item # 18 Page 9 of 110 Version 6-8-2011 changes in the eligible bidder's business if, as a result of such changes, the eligible bidder no longer satisfies the requirements of subparagraph (e) of this section. (k) Nothing in this section shall be interpreted to mean that the Augusta, Georgia Administrator or Commission may decline to follow the provisions of O.C.G.A. §§ 36-91-1 through 36-91-95, Public Works Contracts. O.C.G.A. § 36-91-22 requires that all Augusta, Georgia public works contracts of one-hundred thousand dollars ($100,000) or more, as defined therein, be publicly advertised before letting out the contract to the lowest bidder. Further, nothing in this section shall be interpreted to mean Augusta, Georgia Administrator or Board of Commissioners may decline to follow the provisions of the AUGUSTA, GA. CODE requiring public advertising before letting certain contracts. (l) Georgia-made Preference: Augusta, Georgia shall provide a preference for Georgia-made products on the purchase of supplies, materials, equipment and agriculture products. The Georgia-made Preference policy shall only be applied to purchases of such items costing over one-hundred thousand dollars ($100,000) and only when the vendor seeking this preference supplies sufficient proof that their product is Georgia-made. A vendors request for the Georgia±PDGH3UHIHUHQFHPXVWEHSODFHGLQWKHYHQGRU¶V response to an applicable Augusta, Georgia bid. The Administrator shall determine whether the product is a Georgia-made product. The lowest bidder of a Georgia±made product will be allowed to match the bid of the lowest non-Georgia-made bidder. If matched the lowest bidder of a Georgia±made product will be awarded the contract. Sec. 1-10-7. Value analysis. (a) Purpose. A significant portion of the Augusta, Georgia Annual Budget is committed each year to various purchase contracts such as raw materials, equipment, equipment parts or components, general supplies, and professional and non-professional services. Therefore, it is essential that maximum value be obtained for every public tax dollar spent. A proven technique for obtaining this goal is value analysis. (b) Definition of value analysis. Value analysis is the organized and systematic study of every element of cost in a part, material, or service to make certain it fulfills its function at the best value. It employs techniques which identify Attachment number 2 Page 9 of 110 Item # 18 Page 10 of 110 Version 6-8-2011 the functions the user wants from a product or service; establishes by comparison the appropriate cost for each function; then, it causes the required knowledge, creativity; and initiative to be used to provide each function for that cost. (c) Application of value analysis to the procurement process. Value analysis is a study of function and the value of any service, material, or product established by the minimum cost of other available alternatives, materials, products, or services that will perform the same function. To achieve high value, emphasis must be placed on obtaining high use value at low cost. Sec. 1-10-8. Compliance with state and federal requirement. When the procurement transaction involves the expenditure of State or Federal funds, the transaction shall be conducted in accordance with any applicable mandatory State or Federal laws and authorized regulations. Notwithstanding where State and Federal assistance or contract funds are used in procurement transaction, any applicable local requirements that are more restrictive than State or Federal requirements, but not in conflict therewith, shall be followed. Sec. 1-10-9. Definitions-generally. The terms, phrases, words, and their derivations set forth below shall have the meaning given herein. Words not defined herein or within the Official Code of Georgia Annotated shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. Words used in the singular shall include the plural, and the plural the singular; words used in the present tense shall include the future tense. The words shall, will, and must are mandatory and not discretionary. The word may is permissive. (1) Agreement. The bargain of the parties in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in O.C.G.A. § 11-1-205 and § 11-2-208. Whether an agreement has legal consequences is determined by the provision of this title, if applicable; otherwise, by the law of contracts, (O.C.G.A. § 11-1-103 and O.C.G.A. § 11-2-201). (2) Annual contract. Means any contract entered into for a period of one year or multiple one-year periods (including options to renew for Attachment number 2 Page 10 of 110 Item # 18 Page 11 of 110 Version 6-8-2011 additional one year periods), with a vendor or contractor, to provide Augusta, Georgia, upon request with a specified product or service, such as paving, concrete or office supplies at a predetermined rate or price. (3) Award. Means when legislation authorizing the award of a contract has been adopted by the Board of Commissioners and approved the execution of the contract by the Mayor; however no liability shall attach nor shall the contract be considered binding unless it has been duly executed by the contractor and returned with all required submittals including insurance and bonding, if applicable, executed by the Mayor; attested to by the Clerk and approved by General Counsel as to form. (4) Bid. An offer to perform a contract for work and labor or supplying materials or goods at a specified price. Or, an offer by an intending purchaser to pay a designated price for property which is about to be sold at auction. (5) Bid Bond. A bond with good and sufficient surety or sureties for the faithful acceptance of the contract payable to, in favor of, and for the protection of the governmental entity for which the contract is to be awarded. (6) Bidders List. Augusta, Georgia's official list of qualified persons or vendors to be invited to respond to any type of invitation for bids or requests for proposals which shall be maintained by the Procurement Director. (7) Business. Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, firm, or any other private legal entity. (8) Change Order. An alteration, addition, or deduction from the original scope of work as defined by the contract documents to address changes or unforeseen conditions necessary for project completion. (9) Commodities. Those things that are useful or serviceable, particularly articles of merchandise moveable in trade, goods, wares, supplies, and Attachment number 2 Page 11 of 110 Item # 18 Page 12 of 110 Version 6-8-2011 merchandise of any kind. (10) Construction. The process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any public real property. It does not include the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property. (11) Contract. Means all types of Augusta, Georgia agreements, including purchase orders, regardless of what they may be called, for the procurement or disposal of supplies, services, construction, professional or consultant services and for the transfer of interests in real property. (12) Contract Administration. All activity necessary after award of a contract to administer a contract and to ensure full compliance with its terms, conditions, and scope of services. (13) Contract Documents. All documents which define the scope of the project, including but not limited to, the plans and specifications, advertisement for bids, instructions to bidders, the bid, the proposal, bonds, general conditions, special conditions, insurance and technical specifications. (14) Contract Modification. Any written alteration in specifications, delivery point, time and rate of delivery, period of performance, price, quantity or other provisions of any contract reached by mutual action of the parties to the contract. (15) Contractor and/or Sub-Contractor. Any person having a contract with Augusta, Georgia, a using agency of Augusta, Georgia, or a contractor thereof. (16) Cooperative Procurement. Acquiring commodities, services, and construction by, or on behalf of, more than one public procurement agency. (17) Cost Analysis. The evaluation of cost data for the purpose of arriving at costs actually incurred or estimates of costs to be incurred, prices to be paid, and costs to be reimbursed. Attachment number 2 Page 12 of 110 Item # 18 Page 13 of 110 Version 6-8-2011 (18) Cost Data. The factual information concerning the cost of labor, material, overhead, and other cost elements which are expected to be incurred or which have been actually incurred by the contractor in performing the contract. (19) Cost-reimbursement Contract. A contract under which a contractor is reimbursed for costs which are allowable and in accordance with the contract terms and the provisions of this chapter, and a fee or profit, if any. (20) Board of Commissioners. The Board of Commissioners of Augusta, Georgia which is the governing body of Augusta, Georgia. (21) Mayor. The chief executive officer of Augusta, Georgia who is authorized to sign all contracts for the Board of Commissioners. (22) Administrator. The chief appointed administrative officer of Augusta, Georgia. (23) Days. Days mean calendar days. In computing any period of time prescribed by the Procurement Code, the first day shall not be counted but the last day shall be counted. If the last day falls on a Saturday or Sunday, the party shall have through the following Monday. When the last day falls on a legal holiday observed by the governing authority, the party shall have through the next day. (24) Debarment. Exclusion from contracting and subcontracting with Augusta, Georgia for a specified period of time. (25) Designee. A duly authorized representative of a person holding a superior position. (26) Discussions. As used in the selection process, means an exchange of information or other manner of negotiation during which the offeror and Augusta, Georgia may alter or otherwise change the conditions, terms, and price of the proposed contract. Discussions may be conducted in connection with competitive sealed proposals, sole source, and emergency procurement. Attachment number 2 Page 13 of 110 Item # 18 Page 14 of 110 Version 6-8-2011 (27) Emergency. Any situation resulting in imminent danger to the public health or safety or the loss of an essential governmental service. (28) Employee. An individual drawing a salary or wages from Augusta, Georgia, whether elected or not; any non-compensated individual performing personal services for Augusta, Georgia or any department, agency, commission, council, board, or any other entity established by the executive, legislative or judicial branch of Augusta, Georgia; and any non-compensated individual serving as an elected official of Augusta, Georgia. (29) Equal Opportunity Department. The department responsible for: (a) Providing Equal Employment Opportunity functions in accordance with the Augusta, Georgia Personnel Policies and Procedures Manual; and (b) Operation of the Local Small Business Opportunities Program in accordance with Article 7 of this Chapter; and (c) Operation of the Disadvantaged Business Enterprise (DBE) Program for DOT, FTA, FAA and other Federally Assisted Contracts in accordance with Article 13 of this Chapter. (30) Equal Opportunity Director. As required by 1995 Ga. Laws p. 3648, § 14 ³WKH Commission-Council shall employ a person to serve as equal employment opportunity director and as director of minority and small business opportunities.´7KHSHUVRQVHOHFWHGWRVHUYHDV equal employment opportunity director and as director of minority and small business opportunities shall be the department head of the Equal Opportunity Department and shall be responsible for equal opportunity services with respect to Augusta, Georgia employees as well as minority and small business opportunities. In addition to operating the Local Small Business Opportunities Program (LSBOP), this person is the DBE Liaison officer and Chief Equal Employment officer and shall report directly to the Mayor and Commission. (31) Fault. Wrongful act, omission or breach. (32) Financial Interest. All direct ownership interests of the total assets or Attachment number 2 Page 14 of 110 Item # 18 Page 15 of 110 Version 6-8-2011 capital stock of a business entity where such ownership interest is ten (10) percent or more. (O.C.G.A. § 36-67A-1). (33) Firm. Any individual, partnership, corporation, association, joint venture, or other legal entity permitted by law to practice or offer professional or consultant services. (34) Good Faith. Honesty in fact in the conduct or transaction concerned. (O.C.G.A. § 11-1-201). (35) Gratuity. A payment, loan, subscription, advance, deposit of money, service, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received. (36) Genuine. Free of forgery or counterfeiting. (O.C.G.A. § 11-1-210). (37) Immediate family. Father, mother, son, daughter, brother, sister, grandparents or grandchildren, wife or husband, or the wife or husband of any of the preceding listed persons. (38) Interested party. Means an actual or prospective bidder, offeror, or contractor that may be aggrieved by the solicitation or award of a contract, or by the protest. (39) Invitation for Bids. An advertisement for the submission of bids for a particular project, item or goods whether attached or incorporated by reference. (40) Let (contracts). Award to one of several persons, who have submitted proposals (bids) therefore, the contract for erecting public works or doing some part of the work connected therewith, or rendering some other service to the government for a stipulated compensation. (41) Responsive Bidder. A person or entity that has submitted a bid or proposal that conforms in all material respects to the requirements set forth in the invitation for bids or request for proposals. (42) May. Denotes the permissive. (43) Notice. Knowledge, or a notice or notification received by an Attachment number 2 Page 15 of 110 Item # 18 Page 16 of 110 Version 6-8-2011 individual or organization. Notice is effective for a particular transaction from the time when it is delivered to the individual it is addressed to or is delivered to any person in the organization conducting, or seeking to conduct business with Augusta, Georgia. (O.C.G.A. § 11-1-201). (44) Notice to proceed. Written document issued by the Procurement Director or her designee directing the contractor to proceed with the performance of the contract. (45) Offer. A proposal or bid submitted in response to a request for proposal (RFP) or invitation for bid (ITB). (46) Offeror. Any person submitting a response to a solicitation issued, including an informal request for quotes, a request for proposal or invitation for bids. (47) Organization. Includes a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity. (O.C.G.A. § 11-1-201). (48) Payment bond. A bond with good and sufficient surety or sureties payable to Augusta, Georgia for which the work is to be done and intended for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in the public works construction contract. (49) Performance bond. A bond with good and sufficient surety or sureties for the faithful performance of the contract and to indemnify Augusta, Georgia for any damages occasioned by a failure to perform the same within the prescribed time. Such bond shall be payable to, in favor of, and for the protection of Augusta, Georgia for which the work is to be done. (50) Person. Any business, individual, union, committee, club, other organization, or group of individuals. (51) Pre-qualification. The process to determine whether a prospective Attachment number 2 Page 16 of 110 Item # 18 Page 17 of 110 Version 6-8-2011 bidder or proposer satisfies the criteria established for inclusion on the pre-qualified bidders or proposers list. (52) Price Analysis. The evaluation of price data, without analysis of the separate cost components and profit as in cost analysis, which may assist in arriving at prices to be paid and costs to be reimbursed. (53) Pricing Data. The factual information concerning prices for items substantially similar to those being procured. Prices in this definition refer to offered selling prices, historical selling prices, and current selling prices. The definition refers to data relevant to both prime and sub-contract prices. (54) Procurement. Means buying, purchasing, renting, leasing, or otherwise acquiring any supplies, services or construction. It also includes all functions that pertain to the obtaining of any supply, service, or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration. (55) Procurement Department. The department responsible for the expenditure of public funds for the procurement of commodities, services, or construction products. (56) Procurement Director. The department head of the Procurement Department responsible for the procurement of goods and services for Augusta, Georgia. (57) Procurement Officer. Any person duly authorized to enter into and administer contracts and make written determinations with respect thereto. The term also includes an authorized representative acting within the limits of authority granted by this code. (58) Product. Something produced by physical labor or intellectual effort, commodities, supplies, equipment, materials, goods, services and construction. (59) Product Reference. A specification limited to one or more items by manufacturers' names or catalog numbers to describe the standard of quality, performance, and other salient characteristics needed to meet Attachment number 2 Page 17 of 110 Item # 18 Page 18 of 110 Version 6-8-2011 Augusta, Georgia requirements, and which provides for the submission of equivalent products. (60) Professional and consultant services. Means those services within the scope of the practices of architecture, investment banking, professional engineering, planning, landscape architecture, land surveying, the medical arts, management and analysis, accounting or auditing, law, psychology or any other similar kind or type of professional practice. For purposes of this division, professional and consultant services shall not include investment management services as defined by the laws of the State of Georgia. (61) Proposal. Means the solicited submission of information from a prospective offeror in accordance with the terms of the applicable request for proposals and applicable law. (62) Protest. Means a written statement concerning any unresolved disagreement or controversy arising out of the solicitation or award of a contract filed in accordance with the requirements of this Code. (63) Protestor. Means any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or the award of a contract and who files a protest. (64) Public procurement unit. The United States Government, any department, agency or division thereof, any city, county, town, and any subdivision of the State of Georgia or public agency of any such subdivision, public authority, educational, health, or other institution, any other non-profit entity which expends public funds for procurement or supplies, services, or construction. (65) Public Sale. A sale held to dispose of surplus Augusta, Georgia property. (66) Public Works Construction. The building, altering, repairing, improving, or demolishing of any public structure or building or other public improvements of any kind to any public real property other than those projects covered by Chapter 4 of Title 32 of the GEORGIA CODE. Such term does not include the routine operation, repair, or maintenance of existing structures, buildings, or real property. Attachment number 2 Page 18 of 110 Item # 18 Page 19 of 110 Version 6-8-2011 (67) Purchase. Includes taking by sale, discount, negotiation, mortgage, pledge, lien, issue or reissue, gift, or any other voluntary transaction creating an interest in property. (O.C.G.A. § 11-1-201). (68) Purchase Order. Written authorization requesting the selected vendor to deliver goods with payment to be made later. (69) Qualified Products List. An approved list of commodities described by model or catalog numbers, which, prior to competitive solicitation, Augusta, Georgia has determined will meet the applicable product specifications requirements. (70) Quotations or informal bids selection method. The method for procuring services, commodities or goods without the formality of a written proposal or sealed bid for purchases that do not exceed $10,000. (71) Requisition. The document submitted by a using agency requesting that a purchase be made on its behalf. Requisition includes, but is not limited to, a description of the requested commodity, service or construction product, delivery schedule, transportation data, criteria for evaluation, suggested sources of supply, and information supplied for the working of any written determination required by law or this Code. (72) Request for Proposals (RFP). All documents, whether attached or incorporated by reference, utilized for soliciting proposals. (73) Request for Qualifications (RFQ). A method used to predetermine the capacity of prospective bidders or proposers for a specific project prior to the issuance of a solicitation. (74) Responsible Bidder or Proposer. A person who has the capability in all respects to perform fully and reliably the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance. In considering whether a bidder is responsible, the Procurement Director, Augusta, Georgia Administrator, using agency head, or Augusta, Georgia Commission may consider the proposers or Attachment number 2 Page 19 of 110 Item # 18 Page 20 of 110 Version 6-8-2011 bidder's quality of work, general reputation in the community, financial responsibility, and previous employment or use by Augusta, Georgia. (75) Responsive Bidder or Proposer. A person or entity that has submitted a bid or proposal which conforms in all material respects to the requirements set forth in the invitation for bids or request for proposal. (76) Sealed Bid. A method of soliciting public works construction contracts and other contracts, products or services whereby the award is based upon the lowest responsive, responsible bid in conformance with the provisions of Georgia Law and this Code. (77) Sealed Proposal. A method of soliciting public works contracts and other contracts, products or services whereby the award is based upon criteria identified in a request for proposals in conformance with the provisions of Georgia Law and this Code. (78) Services. The furnishing of labor, time or effort, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. This term shall not include employment agreements or collective bargaining agreements. (79) Small Business. A United States business which is independently owned and which is not dominant in its field of operation or an affiliate or subsidiary of a business dominant in its field of operation. (80) Solicitation. Means an invitation for bids, a request for proposals, a request for quotations or any other document issued by the Augusta, Georgia concerning its soliciting bids or proposals to perform an Augusta, Georgia contract or purchase order. (81) Sole Source. Those procurements made pursuant to a written determination by Augusta, Georgia that there is only one source for the required supply, service, or construction item. (82) Specification. Any description of the physical or functional characteristics or of the nature of commodities, services, or construction products. It may include a description of any requirement for inspecting, testing, or preparing a commodity, service, or Attachment number 2 Page 20 of 110 Item # 18 Page 21 of 110 Version 6-8-2011 construction product for delivery. (83) Substantial Interest. The direct or indirect ownership of more than twenty-five (25) percent of the assets or stock of any business. (O.C.G.A. § 45-10-20). (84) Supplies. Any goods, equipment, material or other personal property owned by Augusta, Georgia and available for use by the personnel of the organization. (85) Surplus Supplies. Any Augusta, Georgia owned supplies no longer needed having any use to Augusta, Georgia as determined of official action of the Board of Commissioners. (86) Ultra Vires. In excess of legal power or authority. (87) Using Agency. Any department, commission, board, office, authority, or division of Augusta, Georgia requiring commodities, services or construction products or professional or other consultant services. (88) Using Agency Head. The director or department head of a using agency that is responsible for the administration or such using agency. (89) Value Analysis. An organized and systemic study of every element of cost in a part, material, or service to make certain it fulfills its function at the best value. (90) Warranty Period. The period following final acceptance of the project during which the contractor/vendor is responsible for repair of any product, equipment and /or work not caused by vandalism or natural disaster. ARTICLE 2 Sec. 1-10-10 through 1-10-22 RESERVED* * Editors Note: Ord. No. 6239, § 2, adopted Jan. 18, 2000, repealed §§ 1-10- 10--1-10-22 in their entirety. See the Code Comparative Table. __________ Attachment number 2 Page 21 of 110 Item # 18 Page 22 of 110 Version 6-8-2011 ARTICLE 3 OFFICE OF THE PROCUREMENT DIRECTOR Sec. 1-10-23. Authority and responsibility of procurement director. (a) Authority. The Procurement Director is designated as the principal public procurement official for Augusta, Georgia, and shall be responsible for the procurement of commodities, services, construction, and professional service products in accordance with the AUGUSTA, GA. CODE and this chapter. (b) Duties. The duties of the Procurement Director include but are not limited to: (1) Procuring or supervising the procurement of all commodities, services, construction, and professional and consultant service products needed by Augusta, Georgia; (2) Acting to procure for Augusta, Georgia the highest quality in commodities, construction and service products at the best value to Augusta, Georgia; (3) Discouraging collusive bidding and endeavoring to obtain as full and open competition as possible on all purchases and sales; (4) Keeping informed of current developments in the field of procurement, prices, market conditions and new products, and secure for Augusta, Georgia the benefits of research conducted in the field of procurement by other governmental jurisdictions, national technical societies, trade associations having national recognition, and by private businesses or organizations; (5) Prescribing and maintaining such forms as needed to operate the procurement program; (6) Preparing, recommending, and implementing standard procurement nomenclature for using agencies and product suppliers; Attachment number 2 Page 22 of 110 Item # 18 Page 23 of 110 Version 6-8-2011 (7) Preparing, adopting and properly maintaining a vendors' catalog file and qualified products list; (8) Exploring cooperative ventures and possibilities of buying in bulk so as to take full advantage of discounts; (9) Procuring for Augusta, Georgia whenever possible all tax exemptions; (10) Cooperating with using agencies so as to secure for Augusta, Georgia the maximum efficiency in budgeting and purchasing; (11) Recommending to the Administrator that product vendors who are irresponsible and non-responsive or default on contracts be debarred from receiving any business from Augusta, Georgia for an appropriate period of time; (12) Exercising general supervision over all other inventories of supplies belonging to Augusta, Georgia; (13) Establishing and maintaining programs for specifications development, contract administration, and inspecting, testing and acceptance, in cooperation with the public agencies using the commodities, services and construction products; (14) Working to ensure equal opportunity for all business owners; (15) Selling, trading, or otherwise disposing of surplus supplies belonging to Augusta, Georgia; (16) Prequalifying suppliers; (17) Prequalifying products through the study of testing data; (18) Maintaining the official Augusta, Georgia bidder's list; (19) Adopting operational procedures; (20) Contract administration; (21) Examining solicitation documents and contracts to ensure compliance Attachment number 2 Page 23 of 110 Item # 18 Page 24 of 110 Version 6-8-2011 with state and federal laws as well as any court ordered injunctions; (22) Resolving protests except as otherwise designated by the AUGUSTA, GA. CODE; and (23) Any other duty assigned by the Commission or Administrator that is within the intent and scope of duties set forth in the AUGUSTA, GA. CODE. Sec. 1-10-24. Centralization of procurement function. (a) Except as otherwise required by law, the Procurement Director or designee shall solicit all bids or proposals for the procurement of commodities, services, and construction products, professional or consultant service products and personal property disposition for all using agencies of Augusta, Georgia, except for certain purchases officially authorized to be made by an elected official or using agency head. (b) Augusta, Georgia shall not be legally bound by any purchase order or contract made contrary to the provisions of the AUGUSTA, GA. CODE and this chapter. Except as may be specifically provided herein, it shall be a violation of this chapter for any officer or employee of Augusta, Georgia or other person to order the purchase of any commodities, make contracts for any services, or dispose of any property within the purview of this chapter other than through the Augusta, Georgia Administrator or Procurement Director. Any such purchase may be considered ultra vires. Violators shall be subject to penalties provided by law and/or in the AUGUSTA, GA. CODE. Sec. 1-10-25. Contract administration. (a) Using Agency requirements. The Procurement Director shall maintain a close and cooperative relationship with using agencies; and shall afford each using agency reasonable opportunity to participate in and make recommendations with respect to procurement matters affecting the agency. The Procurement Director and the Department Head of the using agency shall consult with and seek technical assistance from professionals or persons within the agency having subject matter expertise and knowledge when drafting and developing solicitation documents. If the knowledge and expertise is not available in the using agency then the Procurement Director Attachment number 2 Page 24 of 110 Item # 18 Page 25 of 110 Version 6-8-2011 and/or the using agency shall consult and seek such technical skills and knowledge from other Augusta departments or professionals. (b) Examination of solicitation documents and contracts: Prior to the advertising of any bid, solicitation, or procurement of any type, the using agency the Procurement Director and the using agency shall review each solicitation for accuracy as well as compliance with federal laws, state laws and court ordered enjoinments. The Procurement Director and the using agency shall also review each contract to determine the accuracy of the terms, conditions, substance and the inclusion of all required documents including insurance and bonding. Sec. 1-10-26. Unauthorized contracts Liability of Augusta, Georgia officers and employees for unauthorized contracts. If any officer or employee of Augusta, Georgia shall create any actual legal liability against himself or herself or Augusta, Georgia under the circumstances below, or any other circumstances, such action shall not be construed as a waiver of any defenses available to Augusta, Georgia, including immunity: (a) Such officer or employee requests or knowingly permits any person to proceed or to continue with the performance of any construction or services for Augusta, Georgia or to provide supplies to Augusta, Georgia; and (b) The construction or service, or the provision of supplies was not duly DXWKRUL]HG E\ WKH 0D\RU RU WKH 0D\RU¶V GHVLJQHH LQ DFFRUGDQFH ZLWK Augusta, Georgia Charter and the AUGUSTA, GA. CODE, prior to the performance of the construction, service, or provision of supplies, and such officer or employee knew or should have known such fact; and (c) The contractor or supplier expends money, incurs liability or otherwise acts to its financial detriment in reliance upon the representation of the Augusta, Georgia¶V officer or employee involved; then in such event, if Augusta, Georgia Administrator and department head, in the case of an employee, or the Mayor, in the case of an appointed official, as the case may be, determines that such circumstances exist, that there are no mitigating or extenuating factors sufficient to justify the actions of the officer or employee, and that just cause exists for the discharge of the offending officer or employee of Augusta, Georgia then such offending officer or employee shall be discharged from his or her employment with Augusta, Georgia Attachment number 2 Page 25 of 110 Item # 18 Page 26 of 110 Version 6-8-2011 subject to the labor-management relations ordinance where appropriate. (d) Augusta, Georgia prohibits any language in any solicitation, bid or contract that is inconsistent with the March 14, 2007 Court Order in the case, Thompson Wrecking, Inc. v. Augusta Georgia, civil action No. 1:07-CV-019. Any such language appearing in any Augusta, Georgia solicitation, bid or contract is void and unenforceable. (e) Nothing in this article or the AUGUSTA, GA. CODE shall be construed as a waiver of any defenses available to Augusta, Georgia, including immunity. Sec. 1-10-27. Conflicts of interests. In accordance with this division it shall be unethical for any Augusta, Georgia officer or employee to participate directly or indirectly in the procurement process except in the following circumstances: (a) Procurement by competitive sealed bidding. Direct or indirect financial interest in or employment by or having any other interest in a business which is involved in a procurement with Augusta, Georgia only through a competitive sealed bid shall not be a cause for a conflict of interest under this division. (b) Disposition of real property by competitive sealed bidding. Direct or indirect financial interest in or employment by or having any other interest in a business which is involved in the acquisition of real property disposed of by Augusta, Georgia through competitive sealed bidding shall not be a cause for a conflict of interest under this division. (c) Disclosure and determination of no adverse interest. Any Augusta, Georgia officer or employee who has a direct or indirect financial interest in any procurement made other than by a competitive sealed bid shall disclose the nature of the financial interest to the Procurement Director. Augusta, Georgia Administrator, in consultation with the Procurement Director and General Counsel shall make a written determination as to whether Augusta, Georgia officer or employee has a conflict of interest that would prevent participation in such procurement. Sec. 1-10-28. Gratuities and kickbacks. Attachment number 2 Page 26 of 110 Item # 18 Page 27 of 110 Version 6-8-2011 (a) Gratuities. It shall be unethical for any person to offer, give or agree to give any employee or former employee or for any employee or former employee to solicit, demand, accept or agree to accept from another person a gratuity or an offer of employment in connection with any decisions, approval, disapproval, recommendation, preparation of any procurement, influencing the content of any specification or procurement standard, rendering of any advice, investigation or acting any advisory capacity or in any in any matter related to a contract, subcontract, solicitation or proposal. (b) Kickbacks. It shall be unethical for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor or contractor or any person associated therewith as an inducement for the award of a contract or subcontract. This prohibition against gratuities and kickbacks shall be contained in every solicitation and contract. (c) Former Employees. No former employee or officer shall participate directly or indirectly in an Augusta, Georgia procurement for six (6) months after termination of employment or service with Augusta, Georgia. Sec. 1-10-29. Contingent fees. (a) Prohibition. It shall be unethical for a person to be retained or to retain a person to solicit or secure an Augusta, Georgia contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except for retention of bona fide employees of bona fide established commercial selling agencies for the purpose of securing business. (b) Contract clause required. Every Augusta, Georgia contract or purchase order shall contain the clause prohibiting contingent fees, as follows: ³7KH YHQGRU RU FRQWUDFWRU RU ILUP ZDUUDQWV WKDW LW KDV QRWHPSOR\HG RU retained any company or person, other than a bona fide employee working for the vendor or contractor or firm, to solicit or secure this contract or purchase order; and that the vendor or contractor or firm has not paid or agreed to pay any person, company, association, corporation, individual or firm other than a bona fide employee working for the vendor or contractor or firms, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this agreement, For the breach or violation of the above warranty, and upon a finding after notice and hearing, Augusta, Georgia shall have the right to terminate the contract or purchase order without liability, and, at its discretion, to deduct Attachment number 2 Page 27 of 110 Item # 18 Page 28 of 110 Version 6-8-2011 from the contract or purchase order price, or otherwise recover the fill amount of such fee, commission, percentage, gift or cRQVLGHUDWLRQ´ Sec. 1-10-30. Penalties. (a) Criminal penalties. To the extent that violations of the ethical standards of conduct set forth in this division constitute violations of state law or violations of Augusta, Georgia standards of conduct set forth in section 1-1- 8 of the AUGUSTA, GA. CODE, they shall be punishable as provided therein. Such penalties shall be in addition to the civil sanctions set forth in this division. Criminal, civil and administrative sanctions, against employees or non-employees which are in existence on the effective date of the ordinance from which this article derives shall not be impaired. (b) Sanctions. The Augusta, Georgia Board of Commissioners is permitted to impose sanctions upon any employee or non-employee for violations of these provisions. (c) Employees. The Administrator, upon the recommendation of a Augusta, Georgia Department Director may impose any one or more of the following sanctions on an employee for violations of the ethical standards of this division: (1) Oral or written warnings or reprimands; (2) Suspensions with or without pay for specified periods of time; or (3) Termination of employment. (d) Nonemployees. The Administrator, upon recommendation and approval by the Board of Commissioners, may impose one or more of the following sanctions on a non-employee for violations of the ethical standards: (1) Written warnings or reprimands; (2) Termination of contracts; or (3) Debarment or suspension as provided in Article 8. Sec. 1-10-31. Reporting of anti-competitive practices to state. Attachment number 2 Page 28 of 110 Item # 18 Page 29 of 110 Version 6-8-2011 Under this article, collusion and other anti-competitive practices among offerors are prohibited by local, state and federal laws, and Augusta, Georgia, therefore, establishes the following: (a) Certification of independent price determination. All offerors shall identify a person having authority to sign for the offeror who shall certify, in writing, as follows: "I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting an offer for the same supplies, services, construction, or professional or consultant services, and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of local, state and federal law and can result in fines, prison sentences, and civil damages awards. I agree to abide by all conditions of this solicitation and offer and certify that I am authorized to sign for this offeror." (b) Compliance with this subsection shall be considered met if the certification of independent price determination, as provided in this subsection, is set forth in an exhibit attached to the offer and appropriate language incorporating the exhibit into the offer is set forth therein. (c) Reporting of anti-competitive practices. When for any reason collusion or other anti-competitive practices are suspected among any offerors, a notice of the relevant facts shall be transmitted to the State Attorney General by the Augusta, Georgia General Counsel for investigation. ARTICLE 4 PRODUCT SPECIFICATIONS Sec. 1-10-32. Purpose. The purpose of a specification is to provide a description and statement of the requirements of a product, components of a product, the capability or performance of a product, and/or the service or work to be performed to create a product. Sec. 1-10-33. Types of specifications. Attachment number 2 Page 29 of 110 Item # 18 Page 30 of 110 Version 6-8-2011 (a) Design. This specification describes and states the required functional, physical and quality characteristics of a product, components of products, or services. (b) Performance. This specification describes and states the intended use, operating conditions, specific features and characteristics, and performance capability of the product. For construction or services, a performance specification states the methods to be employee and/or standards to be met, specific starting and completion schedule, and frequency of the service to be performed to develop the final product. (c) Design/performance. This specification is a combination of types (a) and (b) described above. It is a complete description and statement of the required physical makeup, functionality, intended use, operating conditions, specific features and characteristics, and performance capability of the product. (d) Service availability. If availability of service is to be a criteria for awarding a contract, the specifications shall clearly state that service availability may be considered in determining the most responsive bid, and the bidders shall be required to submit information concerning their ability to service and maintain the product or equipment. (e) A specification should be complete in its statement requirements. Other published specifications can be incorporated (e.g., Georgia D.O.T. Specifications, Underwriters Laboratory, etc.); however, original statements are preferable. A specification may also include provisions for testing and inspecting where necessary. Sec. 1-10-34. Maximum practicable competition. All specifications shall be drafted so as to promote overall economy for the purpose intended and encourage competition in satisfying Augusta, Georgia's needs, and shall not be unduly restrictive. The procedures in this Section apply to all specifications including, but not limited to, those prepared for Augusta, Georgia by architects, engineers, designers, draftsmen, and other consulting persons. Sec. 1-10-35. Qualified products list. (a) Augusta, Georgia shall advertise at least once per fiscal year for vendors to register with the Procurement Department the products and services they Attachment number 2 Page 30 of 110 Item # 18 Page 31 of 110 Version 6-8-2011 wish to offer Augusta, Georgia. Augusta, Georgia shall keep an index of these vendors by name and the list shall be cross referenced for products and services. The vendor's name shall be kept for two (2) years or permanently if the vendor continues to offer bids. Records shall be kept as to the number of times a vendor is contacted for informal quotes and other bids. Upon the request of a vendor, the said vendor shall be added or deleted from the list. The use of such a list is not intended to restrict competition. Any vendor may submit, prior to product solicitation, a commodity, product or service to the Procurement Director for review and possible inclusion on the qualified products list. (b) Vendors shall be removed from the vendor list for the reasons established by the Procurement Director, including, but not limited to: (1) Declining to offer bids for a two (2) year period. (2) Failing to satisfactorily meet terms, agreements, or contracts made with the procurement department or the using agency. (3) Being convicted of criminal offenses in obtaining contracts or convicted of embezzlement, violation of state or federal anti-trust statutes, or any other crime which indicates a lack of business integrity or honesty. (4) Violating contract provisions or failing to perform without good cause or any other cause which the Procurement Director deems to be so serious as to affect the responsiveness and responsibility of a FRQWUDFWRULQFOXGLQJWKHGLVEDUPHQWRUVXVSHQVLRQIURPDYHQGRU¶V list by another governmental entity. (5) Violating the standards as set forth in Article II hereof for conflicts of interest. Sec. 1-10-36. Background information on vendors. The Department Head and/or the Administrator is directed to provide the bid amount as submitted, information concerning the vendor's previous performance, the service and quality of the products offered, the availability of the goods and services when needed, adherence to delivery schedules, and other criteria pertinent to that particular item, on vendors who have submitted bids, proposals, or contracts Attachment number 2 Page 31 of 110 Item # 18 Page 32 of 110 Version 6-8-2011 for the Commission's consideration. The information is to be included in the backup documents for the Commission's consideration in awarding the contract. Sec. 1-10-37. Product references in specifications. (a) Use. Product references may be used in specifications, in conjunction with other descriptive narrative, when: (1) No other design or performance specification or qualified products list is available; (2) Time does not permit the preparation of another form of purchase description; (3) The nature of the product or the nature of Augusta, Georgia's requirements dictates the use of a brand name or equal reference in the specification; or (4) The use of a brand name or equal specification is in Augusta, Georgia's best interests. (b) Designation of several products references. Product reference or equal specifications shall seek to identify as many different product references as are practicable, as or equal references and shall further state that substantially equivalent products to those designated will be considered for award, unless conditions warrant otherwise. (1) Unless otherwise authorized by the Administrator, product reference or equal specifications shall include a description of the particular design, functional, or performance characteristics which are required. (2) Where a product reference or equal specification is used in a solicitation, the solicitation shall contain explanatory language that the use of the product reference is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended to limit or restrict competition. (c) In all cases where brand name items are requisitioned by any department, the Procurement Director has the authority to determine whether similar products of equal quality offered for sale to Augusta, Georgia at a lower Attachment number 2 Page 32 of 110 Item # 18 Page 33 of 110 Version 6-8-2011 price shall be ordered in lieu of the requisitioned brand name items. Sec. 1-10-38. Responsibility for specifications. The using agency shall be responsibility for acquiring specifications data for its procurements. Procurement Department personnel may assist with this task by providing copies of previously used specifications, brochures, or other reference materials. However, the Procurement Director shall have the primary responsibility to develop the data provided by the using agency head into the proper format for the solicitation of bids, proposals, or quotations and ensure that all specifications comply with federal laws, state laws and court ordered enjoinments. All specifications shall be drafted so as to promote free and open competition in VDWLVI\LQJWKHXVLQJDJHQF\¶VQHHGVDQGshall not be unduly restrictive. Sec. 1-10-39. Inspection of purchases. The procurement director, or his or her designee, in conjunction with the using agency or department head shall inspect, or supervise the inspection of, all deliveries of materials, supplies or contractual services to determine their conformance with the specifications set forth in the pertinent purchase order or contract. The Procurement Director may require chemical and physical tests of samples submitted with bids and samples of deliveries, which examinations are necessary to determine quality of the samples and conformance with specifications. ARTICLE 5 REQUIREMENTS FOR BIDDING OR PROPOSING ON AUGUSTA, GEORGIA CONTRACTS Sec. 1-10-40. Responsibility of bidders and proposers. (a) Determination of responsibility. The level of responsibility of the bidder or proposer shall be ascertained for each contract awarded by Augusta, Georgia based upon full disclosure to the Procurement Director concerning the person's capacity to meet the terms of the contract and based upon the person's past record of performance on similar contracts, the bidder's quality of work, general reputation in the community, financial responsibility, and previous employment or use by Augusta, Georgia. If an offeror who otherwise would have been awarded a contract is found non-responsible, a Attachment number 2 Page 33 of 110 Item # 18 Page 34 of 110 Version 6-8-2011 written determination of non-responsibility, setting forth the basis of the finding, shall be prepared by the Procurement Director or the using agency and submitted to the Procurement Director. The failure of an offeror to promptly supply information in connection with an inquiry with respect to the level of responsibility may be grounds for a determination of non- responsibility with respect to such bidder or offeror or proposer. A copy of the determination shall be sent promptly to the non-responsible offeror. The final determination shall be made a part of Augusta, Georgia's contract file and be made a public record. (b) Right of nondisclosure. Except as required by the Open Records Act, information furnished by an offeror pursuant to this Section shall not be disclosed outside of the Procurement Department, or using agency, by Augusta, Georgia staff without prior written consent by the offeror. Sec. 1-10-41. Cost or pricing data. (a) Required submissions relating to the award of contract. A prospective contractor shall submit cost or pricing data when the contract is expected to exceed five thousand dollars ($5,000) and is to be awarded by competitive sealed proposals (section 1-10-52; Competitive Sealed Proposals), by sole source procurement authority (section 1-10-56; Sole Source Procurement), or by competitive selection procedures for professional and consultant services (section 1-10-53). (b) Exceptions. The submission of cost or pricing data relating to the award of a contract is not required when: (1) The contract price is based on adequate price competition; (2) The contract price is based on established catalogue prices or market prices; (3) The contract price is set by law or regulation; (4) Augusta, Georgia uses an alternative procurement method for obtaining the best value, such as Construction Management at Risk, Design/Build, etc.; or (5) It is determined by the Procurement Director and approved by the Attachment number 2 Page 34 of 110 Item # 18 Page 35 of 110 Version 6-8-2011 Augusta, Georgia Administrator, in writing, that the requirements of this Section may be waived, and the determination states the reasons for such waiver. (c) Required submissions relating to change orders or contract modifications. A contractor shall submit cost or pricing data prior to the approval of any change order or contract modification, including adjustments to contracts awarded by competitive sealed bidding, whether or not cost or pricing data was required in connection with the initial pricing of the contract, whenever the change or modification involves aggregate increases or aggregate decreases of five percent (5%) or more of original bid or proposal price. (d) Exceptions. The submission of cost or pricing data relating to the pricing of a change order or contract modification is not required when: (1) Unrelated and separately priced adjustments for which cost or pricing data would not be required are consolidated for administrative convenience; or (2) It is determined in a written report by the Procurement Director and approved by the Augusta, Georgia Administrator that the requirements of subsection (c) hereof (Cost or Pricing Data; Required Submissions Relating to Change Orders or Contract Modifications) may be waived, and the determination states the reasons for such waiver. (e) Certification required. Any prospective or current contractor required to submit cost or pricing data in accordance with this Section shall certify that to the best of its knowledge and belief the cost or pricing data submitted was accurate, complete, and current, as of a mutually specified date prior to the award of the contract, or the pricing of the change order for contract modification. (f) Price adjustment provision required in contracts. Augusta, Georgia contracts shall include a provision stating that when detailed pricing data has been requested by Augusta, Georgia and submitted by the offeror/contractor under the terms of the contract which is later found to be in error, that the price of the products charged to Augusta, Georgia, including profit or fee, shall be appropriately adjusted. Such prices shall be accurate, complete, and current as of the date agreed upon between Augusta, Georgia and the Attachment number 2 Page 35 of 110 Item # 18 Page 36 of 110 Version 6-8-2011 contractor. Sec. 1-10-42. Cost or price analysis. A cost analysis or a price analysis, including life cycle costing as appropriate, may be conducted prior to award of a contract. If this technique is to be used, notice shall be provided the bidder/offeror in the bid solicitation or request for proposals. A written record of such cost analysis or price analysis shall be made a part of the contract file. Sec. 1-10-43. Bid and performance bonds when required. Bid and performance bonds or other security shall be requested for any contract as the Procurement Director, using agency head, and/or Administrator deem advisable to protect Augusta, Georgia's interest under circumstances specified herein. Any such bonding requirements shall be set forth in the solicitation. Sec. 1-10-44. Bid security. (a) Requirement for bid security. Bid security shall be required for all competitive sealed bids for construction contracts when the price is estimated by the Procurement Director to exceed one-hundred thousand dollars ($100,000). (b) Bid security shall be a bond provided by a surety company authorized to do business in the State of Georgia or the equivalent in cashier's or certified check (Checks shall be made payable to Augusta, Georgia), or such other security as approved by the Augusta, Georgia General Counsel. (c) Nothing herein prevents the requirements of such security on construction and other purchases less than one-hundred thousand dollars ($100,000) when the circumstances warrant such requirements as determined by the Procurement Director and using agency head. (d) Amount. Bid security, when required, shall be in an amount equal to at least ten percent (10%) of the amount of bid or an amount certain specified in the solicitation. (e) The bid security of the three (3) lowest bidders shall be held until contract award. Securities posted by others will be returned shortly after receipt of Attachment number 2 Page 36 of 110 Item # 18 Page 37 of 110 Version 6-8-2011 bids. Except for the three (3) lowest bidders, unsuccessful bidders shall be entitled to the return of the bid security. Upon failure of a successful bidder to enter into a contract within an established time frame after Augusta, Georgia tenders the proposed contract, the bidder shall forfeit the bid security. Upon approval of the contract by the Commission, the remaining bid securities shall be returned. (f) Upon failure of an offeror to enter into a contract within ten (10) days after the contract is tendered by Augusta, Georgia, the offeror's security is subject to forfeit. (g) Rejection of bids/noncompliance with bid security requirement. When the procurement requires bid security, any bid or proposal submitted without such security shall be rejected and returned to the bidder with a written explanation of the action taken. (h) Withdrawal of bids. Withdrawal of a bid is considered cause to forfeit bid security. However, the bidder may be entitled to the return of its bid security if the bidder is permitted to withdrawn its bid or proposal before award as provided in section 1-10-50(h). Sec. 1-10-45. Payment and performance bonds. (a) Requirement and amount. When a contract for construction services is awarded in excess of one-hundred thousand dollars ($100,000) the following bonds shall be delivered to Augusta, Georgia, and shall become binding on the parties upon the execution of the contract: (1) A performance bond in the amount of 100% of the price specified in the contract executed by a surety company authorized to do business in the State of Georgia, and in a form and fashion satisfactory to Augusta, Georgia; and (2) A payment bond in the amount of 100% of the price specified in the contract executed by a surety company authorized to do business in the State of Georgia and in a form and fashion satisfactory to Augusta, Georgia. (b) Nothing in this chapter shall prohibit Augusta, Georgia from requiring other contractors or suppliers of professional services to comply with one or both Attachment number 2 Page 37 of 110 Item # 18 Page 38 of 110 Version 6-8-2011 bonding requirements if so determined by the Augusta, Georgia Administrator, and/or using agency head, to be necessary. (c) Reduction of bond amounts. Prior to the taking of bids, the Procurement Director and architect/engineer or project manager, upon approval of the Administrator, may reduce the amount of performance and payment bonds when a written determination is made that it is in the best interest of Augusta, Georgia to do so, provided Georgia law does not mandate the amount of such bond. (d) Authority to require additional bonds. Nothing in this Section shall be construed to limit the authority of Augusta, Georgia to require other security in addition to those bonds if warranted by the circumstances and other than specified in this Section. Sec. 1-10-46. Insurance requirements. Standard ranges and types of coverage shall be determined under the direction of the Augusta, Georgia Administrator and advice of the Augusta, Georgia General Counsel, Risk Management, Finance Director, Procurement Director and other appropriate staff. General requirements shall be reviewed at least once annually. Insurance shall be required within established ranges and for specific purposes for each solicitation and contract, except where otherwise provided for in the AUGUSTA, GA. CODE. Sec. 1-10-47. Request for qualifications; pre-qualifications of contractors. (a) The Procurement Director, in consultation with the Administrator and using agency head may determine that it shall be in the best interest of Augusta, Georgia to pre-qualify offerors for contracts of a particular type. The imposed standards shall be met by any contractor who wishes submit a bid or proposal for the subject project. The contractor shall submit required data in order to obtain a fair and impartial determination of whether the pre- qualification standards have been met. When pre-qualification is required, only those contractors who submit the required pre-qualification information and who are actually pre-qualified to submit a bid or proposal for the proposed solicitation. (b) Public notice. Public notice of pre-qualification shall be given in the same manner as provided in section 1-10-50 (c). Attachment number 2 Page 38 of 110 Item # 18 Page 39 of 110 Version 6-8-2011 (c) Pre-qualification standards. The Procurement Director and affected using agency heads shall review all information submitted by the suppliers and, if necessary, require additional information. The standards set for pre- qualification shall include but not be limited to factors set forth in section 1- 10-50-Sealed Bids; Bid Acceptance and Bid Evaluation or section 1-10-52- Sealed Proposals; Evaluation and Selection. If the Procurement Director and Administrator determine that the contractor meets all standards, then the contractor shall be so pre-qualified. The contractor shall be notified in writing. (d) Failure to pre-qualify. Should a contractor not be pre-qualified, appropriate written notice shall be sent and the contractor may appeal such determination as provided in Article 9. (e) In no instance shall a contract be awarded from the solicitation of request for qualifications. ARTICLE 6 PROCUREMENT SOURCE SELECTION METHODS AND CONTRACT AWARDS Sec. 1-10-48. Generally. The following sections provide detailed information concerning the use of the seven (7) source selection methods available for use for the procurement of commodities, services and construction products for Augusta, Georgia. The seven methods are: (1) sealed bids, (2) sealed proposals, (3) special services, (4) quotations or informal bids, (5) sole source, (6) emergency procurement and (7) annual contracts. Sec. 1-10-49. Purchase order. No officer or employee of Augusta, Georgia shall request a vendor to deliver goods, merchandise, materials or supplies to Augusta, Georgia except upon a regular purchase order issued by the procurement agent; however, the provisions of this subsection shall not apply to emergency purchases provided for in this section. Attachment number 2 Page 39 of 110 Item # 18 Page 40 of 110 Version 6-8-2011 Sec. 1-10-50. Sealed bids selection method. (a) Conditions for use. All contracts of Augusta, Georgia shall be awarded by competitive sealed bidding except as otherwise provided elsewhere in this article (see section 1-10-52-Sealed Proposals; 1-10-53-Professional Services; 1-10-54-Quotations; 1-10-56-Sole Source Procurement; and 1-10- 57-Emergency Procurements, of this chapter). (b) Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. (c) Public notice and bidder's list. Adequate public notice of the invitation for bids shall be given in reasonable time, not less than ten (10) working days prior to the date set forth therein for the receipt of bids. (1) Public works type contracts with values that equal or exceed one- hundred thousand dollars ($100,000), shall be advertised at least once weekly for at least four (4) weeks prior to opening of bids. (2) Public notice shall include publication for three (3) days within a ten (10) day period in the legal gazette or newspaper. The public notice minimally shall state the place, date, and time of pre-bid conference and/or bid opening, where specification documents may be obtained, and a brief description of the purchase or sale. (3) The Procurement Director shall also directly solicit sealed bids from all responsible prospective suppliers whose names appear on the Augusta, Georgia Bidders' List which the Procurement Director shall maintain. Attachment number 2 Page 40 of 110 Item # 18 Page 41 of 110 Version 6-8-2011 (d) Pre-bid conference and addendum. A conference to be conducted by the Procurement Director and using agency head, if appropriate, hearing will be scheduled at least five (5) working days before receipt of bids. While the pre-bid conference is not a requirement, it is strongly recommended and widely used to further acquaint interested bidders with the bid requirements and items to be purchased and vendor input. Any substantive changes to specifications resulting from the pre-bid conference or other vendor/contractor sessions shall be documented in an addendum and communicated to all bidders registered for the procurement action. (e) Bid opening. Sealed Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the public notice and invitation for bids. The amount of each bid, and such other relevant information as the Procurement Director deems appropriate, together with the name of each bidder shall be recorded; the record, and each bid, shall be open to public inspection in accordance with Section 1-10-5 (Public Access to Procurement Information). (f) Bid acceptance and bid evaluation. Provided that the bids are delivered to the Procurement Director at the time, place, and under the conditions contained in the Invitation for Bids, the bids shall be conditionally accepted without alteration or correction pending evaluation. (g) Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include bidder responsibility and responsiveness, capability and past performance, and criteria to determine acceptability such as inspection, testing, quality workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objective and clearly measurable, including but not limited to discounts, transportation costs, and total or life cycle costs. (h) Correction or withdrawal of bids. Correction or withdrawal of inadvertently erroneous bids before or after bid opening may be permitted under the circumstances described below: (1) Mistakes discovered before bid opening may be modified or withdrawn by written or telegraphic notice received in the Procurement Office prior to the time set for bid opening. Attachment number 2 Page 41 of 110 Item # 18 Page 42 of 110 Version 6-8-2011 (2) The bidder may withdraw the bid, prior to bid opening, without revealing the amount of the bid, by submitting a new sealed bid and providing written notice of such withdrawal. (3) After the bid opening, corrections to bids shall be permitted only as to bid price and only to the extent that the bidder can show by clear and convincing evidence that a mistake of a non-judgmental character was made, the nature of the mistake, and the bid price actually intended. Otherwise, no changes in bid prices or other provisions of bids shall be permitted. (4) In lieu of bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if: (i) Such error in the calculation of the bid can be documented by clear and convincing written evidence; (ii) Such error can be clearly shown by objective evidence drawn from inspection of the original work papers, documents, or materials used in the preparation of the bid sought to be withdrawn; (iii ) The bidder serves written notice upon the Procurement Director either prior to the award of the contract or not later than forty- eight (48) hours after the opening of bids, excluding Saturdays, Sundays and legal holidays; (iv) The bid was submitted in good faith and the mistake was due to a calculation or clerical error, an inadvertent omission or typographical error as opposed to an error in judgment; and (v) The withdrawal of the bid will not result in undue prejudice to Augusta, Georgia or other bidders by placing them in a materially worse position than they would have occupied if the bid had never been submitted. (5) In the event that an apparent successful bidder has withdrawn his or her bid as provided in subsection (3) of this Code section, action on the remaining bids should be considered as though the withdrawn bid Attachment number 2 Page 42 of 110 Item # 18 Page 43 of 110 Version 6-8-2011 had not been received. In the event the project is re-let for bids, under no circumstances shall a bidder who has filed a request to withdraw a bid be permitted to resubmit a bid for the work. (6) No bidder who is permitted to withdraw a bid pursuant to subsection (3) of this Code section shall for compensation supply any material or labor to, or perform any subcontract or other work agreement for, the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted. (O.C.G.A. § 13-10-22). (7) All decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, shall be supported in a written report made by the Procurement Director. (8) Withdrawal after receipt of bids is cause to forfeit bid security unless substantial evidence was presented clearly evidencing the mistake and hardship that would occur to either Augusta, Georgia or the bidder in the event of award. (h) Tie bids. In the event two or more bidders are tied in price while otherwise meeting all of the required conditions, the bid shall be awarded to the business which is located within Augusta, Georgia, or if not within the above, within the State of Georgia. Where this method does not result in the awarding of a bid, the Procurement Director shall call a public forum, cause each bidder or stand-in to write the name of the bidder on paper and placed in a container, the winner to be determined by drawing lots. (i) Letting the contract. The contract shall be awarded or let in accordance with procedures set forth herein. Award shall occur with reasonable promptness by appropriate written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids. (j) In addition to price and other material factors, the Procurement Director, in consultation with the using agency, shall consider the following in the context of award recommendations: (1) The ability, capacity, and skill of the bidder to perform the contract or provide the services required, Attachment number 2 Page 43 of 110 Item # 18 Page 44 of 110 Version 6-8-2011 (2) The capability of the bidder to perform the contract or provide the service promptly or within the time specified, without delay or interference, (3) The character, integrity, reputation, judgment, experience, and efficiency of the bidder, (4) The quality of performance on previous contracts, (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services, (6) The sufficiency of the financial resources of the bidder relating to his ability to perform the contract, (7) The quality, availability, and adaptability of the supplies or services to the particular use required, and (8) The number and scope of conditions attached to the bid by the bidder. (k) Award to other than low bidder. When the award is not given to the lowest most responsive and responsible bidder, a full and complete statement of the reasons for awarding the purchase order or other contract shall be prepared and signed by the Procurement Director and/or Administrator and made part of the record file. Sec. 1-10-51. Request for proposals. Request for proposals shall be handled in the same manner as the bid process as described above for solicitation and awarding of contracts for goods or services with the following exceptions: (a) Only the names of the vendors making offers shall be disclosed at the proposal opening. (b) Content of the proposals submitted by competing persons shall not be disclosed during the process of the negotiations. (c) Proposals shall be open for public inspection only after the award is made. Attachment number 2 Page 44 of 110 Item # 18 Page 45 of 110 Version 6-8-2011 (d) Proprietary or confidential information, marked as such in each proposal, shall not be disclosed without the written consent of the offeror. (e) Discussions may be conducted with responsible persons submitting a proposal determined to have a reasonable chance of being selected for the award. These discussions may be held for the purpose of clarification to assure a full understanding of the solicitation requirement and responsiveness thereto. (f) Revisions may be permitted after submissions and prior to award for the purpose of obtaining the best and final offers. (g) In conducting discussions with the persons submitting the proposals, there shall be no disclosure of any information derived from the other persons submitting proposals. Sec. 1-10-52. Sealed proposals. (a) Conditions for use. The competitive sealed proposals method may be utilized when the Augusta, Georgia Administrator approves the written justification of the Procurement Director or using agency head that the sealed bid method is not in the best interest of Augusta, Georgia. Generally, this method may be used when competitive sealed bidding (involving the preparation of detailed and specific specifications) is either not practicable or not advantageous to Augusta, Georgia. Augusta, Georgia is not restricted from using alternative procurement methods for obtaining the best value on any procurement, such as Construction Management at Risk, Design/Build, etc. (b) Request for proposals. Competitive sealed proposals shall be solicited through a request for proposals (RFP). (c) Public notice. Adequate public notice of the request for proposals shall be given in the same manner as provided in section 1-10- 50(c)(Public Notice and Bidder's List); provided the normal period of time between notice and receipt of proposals minimally shall be fifteen (15) calendar days. (d) Pre-proposal conference. A pre-proposal conference may be scheduled at least five (5) days prior to the date set for receipt of proposals, and notice Attachment number 2 Page 45 of 110 Item # 18 Page 46 of 110 Version 6-8-2011 shall be handled in a manner similar to section 1-10-50(c)-Public Notice and Bidder's List. No information provided at such pre-proposal conference shall be binding upon Augusta, Georgia unless provided in writing to all offerors. (e) Receipt of proposals. Proposals will be received at the time and place designated in the request for proposals, complete with bidder qualification and technical information. No late proposals shall be accepted. Price information shall be separated from the proposal in a sealed envelope and opened only after the proposals have been reviewed and ranked. The names of the offerors will be identified at the proposal acceptance; however, no proposal will be handled so as to permit disclosure of the detailed contents of the response until after award of contract. A record of all responses shall be prepared and maintained for the files and audit purposes. (f) Public inspection. The responses will be open for public inspection only after contract award. Proprietary or confidential information marked as such in each proposal will not be disclosed without written consent of the offeror. (g) Evaluation and selection. The request for proposals shall state the relative importance of price and other evaluation factors that will be used in the context of proposal evaluation and contract award. (Pricing proposals will not be opened until the proposals have been reviewed and ranked). Such evaluation factors may include, but not be limited to: (1) The ability, capacity, and skill of the offeror to perform the contract or provide the services required; (2) The capability of the offeror to perform the contract or provide the service promptly or within the time specified, without delay or interference; (3) The character, integrity, reputation, judgment, experience, and efficiency of the offeror; (4) The quality of performance on previous contracts; (5) The previous and existing compliance by the offeror with laws and ordinances relating to the contract or services; Attachment number 2 Page 46 of 110 Item # 18 Page 47 of 110 Version 6-8-2011 (6) The sufficiency of the financial resources of the offeror relating to his ability to perform the contract; (7) The quality, availability, and adaptability of the supplies or services to the particular use required; and (8) Price. (h) Selection committee. A selection committee, minimally consisting of representatives of the procurement office, the using agency, and the Administrator's office or his designee shall convene for the purpose of evaluating the proposals. (i) Preliminary negotiations. Discussions with the offerors and technical revisions to the proposals may occur. Discussions may be conducted with the responsible offerors who submit proposals for the purpose of clarification and to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussions and revision of proposals and such revisions may be permitted after submission and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of information derived from proposals submitted by competing offerors. (j) From the date proposals are received by the Procurement Director through the date of contract award, no offeror shall make any substitutions, deletions, DGGLWLRQVRURWKHUFKDQJHVLQWKHFRQILJXUDWLRQRUVWUXFWXUHRIWKHRIIHURU¶V WHDPVRUPHPEHUVRIWKHRIIHURU¶VWHDP (k) Final negotiations and letting the contract. The Committee shall rank the technical proposals, open and consider the pricing proposals submitted by each offeror. Award shall be made or recommended for award through the Augusta, Georgia Administrator, to the most responsible and responsive offeror whose proposal is determined to be the most advantageous to Augusta, Georgia, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain a written report of the basis on which the award is made/recommended. The contract shall be awarded or let in accordance with the procedures set forth in this Section and the other applicable sections of this chapter. Attachment number 2 Page 47 of 110 Item # 18 Page 48 of 110 Version 6-8-2011 1-10-53. Competitive selection procedures for professional and consultant services. As used in this section professional and consultant services, such as those provided by architects, engineers, investment banking, professional engineering, planning, landscape architects, land surveying, the medical arts, management and analysis, accounting or auditing, psychology or any other similar kind or type of professional practice which are normally obtained on a fee basis. This section shall not be applicable to services provided by attorneys or other professionals retained in connection with legal services. General Counsel shall be responsible for selecting attorneys and litigation related professionals. (a) Conditions for use. The Procurement Director, upon the request or recommendation of the using agency, shall procure professional and consultant services, in accordance with this section. (b) Statement of qualifications. The Procurement Director shall request and maintain statements of interest from persons interested in providing professional and consultant services that shall include a statement of qualifications and performance data for such persons. Each using agency shall encourage professional and consultant firms, which desire to provide services to the agency, to submit statements of qualifications to Procurement Director. Procurement Director may specify a uniform format for statements of qualifications. Persons may amend these statements at any time by filing a new statement. Any person placed on the qualifications list shall be removed if found in violation of any provision of this article or if such person is found in default under any contract with Augusta, Georgia. (c) Public notice. When requested by the using agency, Procurement Director shall issue public notice for requests for proposals from professional and consultant offerors as provided in section 1-10-50(c). (d) Selection. Procurement Director, in consultation and upon the recommendation of the head of the using agency, shall select from among the offerors no less than three (3) offerors (the "short-listed offerors") deemed to be the most responsible and responsive; provided, however, that if three (3) or less offerors respond to the solicitation, this requirement will not apply. The selection of the short-listed offerors shall be made in order of preference. From the date proposals are received by Procurement Director through the date the contract is awarded, no offeror may make substitutions, deletions, additions or other changes in the configuration or structure of the offeror's teams or members of offeror's teams prior to award. The selection Attachment number 2 Page 48 of 110 Item # 18 Page 49 of 110 Version 6-8-2011 criteria shall include, but not be limited to, those contained in section 1-10- 52(g) and the following: (1) Previous experience demonstrating competence to perform work or services involved in the solicitation; (2) Past performance of previous contracts with respect to time of completion and quality of work; (3) The fee or compensation demanded for the services; (4) The ability to comply with applicable laws; (5) The ability to comply with the schedule of the commencement and completion of the services, as required by Augusta, Georgia; (6) The financial ability to furnish the necessary bonds to the extent necessary; (7) The financial condition of the offeror; and (8) The ability to provide staffing of management personnel, satisfactory to Augusta, Georgia. (e) Negotiations and award. Procurement Director shall negotiate a contract with the most responsible and responsive short-listed offeror at compensation that Procurement Director determines in writing to be fair and reasonable to Augusta, Georgia. In making this decision, Procurement Director shall take into account the estimated value, the scope, the complexity and the professional nature of the services to be rendered. Should Procurement Director be unable to negotiate a satisfactory contract with the offeror considered to be the most responsible and responsive at a price for Procurement Director determines to be fair and reasonable to Augusta, Georgia; negotiations with that offeror shall be terminated. Procurement Director shall then undertake negotiations with the second most responsible and responsive short-listed offeror. If negotiations with the second most responsible and responsive short-listed offeror are unsuccessful, negotiations shall be terminated and Procurement Director shall then undertake negotiations with the third most responsible and responsive short- listed offeror. Should Procurement Director be unable to negotiate a contract with any of the short-listed offerors, Procurement Director and the using agency may select from the additional offerors that were not short-listed in order of their responsibility and responsiveness and Procurement Director may continue negotiations in accordance with this section until an agreement is reached. Attachment number 2 Page 49 of 110 Item # 18 Page 50 of 110 Version 6-8-2011 Sec. 1-10-54. Informal bids selection methods (standard and small purchases) and authority of Administrator and General Counsel. (a) Conditions for use. Any standard or small purchase contract or purchase order for supplies, services, and construction not exceeding ten thousand dollars ($10,000) in total value may be made in accordance with the purchase procedures authorized in this Section and other applicable provisions of this Article. Contract requirements shall not be artificially divided so as to constitute a small purchase under this Section. (b) Request for quotations and specifications. Requests for quotations may be issued in writing or by telephone for purchases less than ten thousand dollars ($10,000). In either case, specifications shall be prepared describing the item or service in a form suitable for an appropriate vendor response. (1) Informal oral bid quotations. Quotes from a minimum of three (3) sources shall be obtained. Maximum purchase under this system is to be five thousand dollars ($5,000), including sales tax. Vendor quotes are to be noted on the requisition for retention. The procurement requirement shall not be artificially divided so as to constitute a purchase to be made by this method. (2) Informal written bid quotations. Solicitation for written bid quotes shall be obtained from three (3) sources, if available, from the vendor list. The maximum purchase under this system is to be ten thousand dollars ($10,000), including sales tax. (3) Selection is to be made from the list in the following manner: (i) Low bidder on last quote; (ii) Next vendor on list; (iii) Repeat procedure until all vendors have been asked to quote; (iv) Begin new rotation of vendors by using the last low bidder on quote. (c) Public notice. Notice in the form of advertisements is not required. However, no less than three (3) vendors/contractors shall be directly Attachment number 2 Page 50 of 110 Item # 18 Page 51 of 110 Version 6-8-2011 solicited, if available, to submit quotations. (d) Receipt of quotations. Quotations shall be scheduled for receipt at a date, time and place certain. The amount of each quote and such other relevant information as the Procurement Director deems appropriate, together with the name of each offeror shall be recorded. The record of each quote shall be open to public inspection in accordance with section 1-10-5 (Public Access to Procurement Information). (e) Evaluation. Quotations shall be evaluated based on the requirements set forth in the request for quotations, which may include bidder responsiveness, capability and past performance, and criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the quoted price and be considered in evaluation forward shall be objective and clearly measurable, including but not limited to discounts, transportation costs, and total or life cycle costs. No criteria may be used in the evaluation processes that are not set forth in the request for quotations or other notice. (f) Correction or withdrawal of quotes. Correction or withdrawal of inadvertently erroneous quotes before or after the evaluation of the quotes may be permitted under the circumstances described in section 1-10-50(g) (Correction or Withdrawal of Bids). (g) Tie quotes. Shall be handled in the manner described in section 1-10-50 (h) (Tie Bids). (h) Award. Award shall be made to the most responsible and responsive bidder offering the lowest acceptable quotation. The names of the person submitting quotations and the date and amount of each quotation shall be recorded and maintained as a public record. Written quotations are advisable but not expressly required. (i) Agency purchases under one-thousand dollars ($1,000)/authority of using agency. Procurement of an item or article which does not exceed one- thousand dollars ($1,000.00), including any sales tax, shall be exempt from the bid process except that, where applicable, contract vendors shall be used unless substitution is approved in writing and in advance by the Procurement Director. Further, the procurement requirements shall not be artificially divided so as to constitute a small purchase. A reasonable effort shall be Attachment number 2 Page 51 of 110 Item # 18 Page 52 of 110 Version 6-8-2011 made to negotiate price agreements that will cover much of the small purchase volume. For purchases of one-thousand dollars ($1,000) or less in value the using agency head may issue a Purchase Order to acquire commodity and service products. The using agency shall obtain adequate and reasonable competition for the supply, service, or construction being purchased. Further, the using agency head shall require the preparation and maintenance of written records adequate to document the competition obtained, properly account for the funds expended, and facilitate an audit of the small purchase made. Small purchases under one-thousand dollars ($1,000) may be made by the elected official or using agency head of all using agencies as follows: (1) Where the purchase does not exceed one-thousand dollars ($1,000) and a Using Agency Purchase Order is prepared and presented to the vendor. (2) A copy of the purchase order shall be forwarded to Finance and Procurement notifying the Director of Finance and Procurement of the purchase and requesting payment to be made from funds previously allocated to such using agency. (j) Limitations on small purchases made by using agencies. When small purchases are made by the using agency head pursuant to Subsection (i), the following requirements shall be met: (1) Such purchases are limited to goods and minor services where no contract exists or goods are not stocked by Augusta, Georgia. No equipment and furniture purchases are authorized under subsection (i); (2) The Using Agency Purchase Orders and original invoices shall be prepared and signed by an authorized party at the using agency level and forwarded to Finance for further processing; (3) Purchases shall not be divided artificially to constitute a small purchase; and (4) Using agencies are responsible for checking the availability of funds prior to making any small purchase. (k) Authority of Administrator to make small purchases. The Administrator Attachment number 2 Page 52 of 110 Item # 18 Page 53 of 110 Version 6-8-2011 shall have authority to make purchases and enter into professional services agreements without Commission approval for products or services not exceeding $25,000. (l) Authority of General Counsel to settle small cases. The General Counsel shall have authority to settle pending and potential litigation not exceeding $25,000 without Commission approval. Sec. 1-10-55. Banking services. (a) Vendor and payroll accounts. Requests for Proposals shall be solicited as provided in section 1-10-52 of this chapter for each of these accounts. (b) Accounts other than vendor and payroll accounts. (1) Requests for Proposals shall be solicited as provided in section 1-10- 52 of this chapter for each such account. (2) As provided in section 1-10-6, local banks shall be contacted first. For purposes of this section, local banks shall be defined as those banking institutions with a full service banking location in Augusta, Georgia. Sec. 1-10-56. Sole source procurement. (a) Notwithstanding other provisions in this Article, whenever it shall be made to appear that by reason of design, capacity, compatibility with other equipment or with machinery, purpose, function or other characteristics an item of procurement required by Augusta, Georgia or one of its departments is obtainable only from one source, the item may be procured by the Procurement Department through negotiation from the source from which it is available without the necessity of bids or proposals. (b) Before any item may be obtained under the provisions of this section, however, the requisitioning agency must accompany its requisition for the order with a statement specifying in reasonable detail the reasons why the item should be procured by sole source. This specification of reasons shall be in writing and shall be attached to the requisition at the time it is transmitted to the procurement officer and shall demonstrate due diligence in determining if other sources exist. The due diligence review shall include the research of available sources, contact with professional and trade Attachment number 2 Page 53 of 110 Item # 18 Page 54 of 110 Version 6-8-2011 associations related to the supply, service or construction item or professional or consultant service. There shall also be a written determination which states the sources reviewed, the name of the contractor and the terms of the agreement reached including terms and prices. (c) If the Augusta, Georgia Administrator, upon considering the requisition and the substantiation therefore, determines that the item should be purchased by sole source procurement and the cost thereof does not exceed twenty thousand dollars ($20,000), the Administrator may approve such procurement. If the item exceeds twenty thousand dollars ($20,000) in cost, and the Administrator determines that sole source procurement is appropriate, the requisition shall be referred to the Commission for action. (d) The Procurement Director shall conduct the negotiations as to the terms of the sole source. (e) The Procurement Director shall draft a letter of justification for the sole source procurement and place in the contract file. Sec. 1-10-57. Emergency procurement selection method. Notwithstanding any other provisions of this chapter, the Procurement Director, Augusta, Georgia Administrator or constitutional officer may make or authorize others to make emergency procurement of equipment, supplies, services, general construction, or public works type construction services when there exists a threat to public health, welfare, or safety, or where daily operations are affected; provided that such emergency procurement shall be made with such competition as is practicable under the circumstances. As soon as practicable, a record of each emergency procurement shall be made and shall set forth the contractor's name, the amount and type of the contract, a listing of the item(s) procured under the contract, and the identification number of the contract file. A written report explaining the determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file, and a copy of same provided the Augusta, Georgia Commission at their next regular meeting in the case of public works contracts as defined by Georgia Law or other Augusta, Georgia purchases when the value of the purchase exceeds twenty thousand dollars ($20,000). In the event an emergency should arise after office hours or on holidays or weekends which requires immediate action on the part of the using agency Attachment number 2 Page 54 of 110 Item # 18 Page 55 of 110 Version 6-8-2011 involved and where it is not possible or convenient to reach the Procurement Director, constitutional officer, or Administrator, the using agency head is authorized to make purchases. Such purchases shall be well documented, packaged for payment, and forwarded to the Procurement Director within twenty-four (24) hours, if possible, after occurrence. In the event the Board of Commissioners of Augusta, Georgia determines at an open meeting of which minutes are recorded, that an emergency exists, and there is an immediate need for goods, materials or supplies to relieve said emergency, the Board of Commissioners shall be allowed to approve purchases without bids in the event the Board has determined an emergency exists, but all such declarations of emergency shall be in strict accordance with applicable State law defining ³emergency.´ (1975 Ga. Laws p. 4334 as amended). Sec. 1-10-58. Annual contracts. Upon approval of an annual contract by the Augusta, Georgia Board of Commissioners for supplies and services to a particular vendor or vendors, any using agency may order supplies or services under such annual contract pursuant to an individual project or purchase order. Sec. 1-10-59. Specific requirements/options for source selection method. Encumbrance of funds. The Procurement Director shall not execute any contracts or purchase orders, except in the case of certain emergency purchases, until the Finance Department staff certifies, after pre-audit, that there is to the credit of the using agency concerned a sufficient unencumbered appropriation balance, in excess of all unpaid obligations, to defray the amount of the purchase. Sec. 1-10-60. Rejection or cancellation of solicitations; negotiating; re- advertisement. (a) Conditions for use. An invitation for bids/quotes, a request for proposals, or other solicitation may be canceled, or any or all bids may be rejected in whole or in part as may be specified in the solicitation, when it is for good cause and in the best interest of Augusta, Georgia. The reasons thereof shall be made part of the contract file. Each solicitation issued by Augusta, Georgia shall state that the solicitation may be canceled and that any bid or proposal may be rejected in whole or in part for good cause when in the best Attachment number 2 Page 55 of 110 Item # 18 Page 56 of 110 Version 6-8-2011 interest of Augusta, Georgia. Notice of cancellation shall be sent to all businesses solicited. The notice shall identify the solicitation, explain the reason for cancellation and, where appropriate, explain that an opportunity will be given to compete on any re-solicitation or any future procurement of similar items. (b) Authority to reject/cancel. The Augusta, Georgia Commission has the authority to reject/cancel any and all bids, quotes and proposals. The Administrator shall also have the authority to reject/cancel any and all bids, quotes and proposals but may only do so with the authorization of the director of the effected user department. (c) Negotiating. If the low responsive and responsible bid for the project exceeds available funds as certified by the Finance Department staff, and such bid does not exceed such funds by more than twenty percent (20%), the Augusta, Georgia Administrator and the Procurement Director are authorized, when time permits, or economic considerations preclude further re-solicitation of work of a reduced scope, to negotiate an adjustment of the bid price with the low responsive bidder, in order to bring the bid within the amount of available funds. Any such negotiated adjustment shall be based only upon eliminating independent deductive items specified in the invitation for bids. (d) Re-advertisement. In the event that the negotiating process set forth in subparagraph (c), above, is unsuccessful, the Procurement Director may, in the alternative, re-advertise for the purpose of receiving a new set of bids. Therefore, if the lowest and best bid exceeds the budgeted amount and the Augusta, Georgia Commission does not appropriate additional funds, the Procurement Director may readvertise for bids after making sufficient changes in the specifications to bring the project within budget. Sec. 1-10-61. Multi-term contract. (a) Maximum period. A contract for services or supplies may be entered into for a period up to five (5) years, provided that the term of the contract and the conditions for renewal or extension, if any, is included in the solicitation and funds are available for the balance of the then current fiscal year. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds. All multi-year contracts shall contain a clause which terminates the contract at the beginning of a fiscal Attachment number 2 Page 56 of 110 Item # 18 Page 57 of 110 Version 6-8-2011 year when funds are not appropriated by the Commission for continuation of the contract for that fiscal year. (b) Determination prior to use. Prior to the utilization of a multi-term contract, it shall be determined in writing: (1) that estimated requirements cover the period of the contract and are reasonably firm and continuing; and (2) that such a contract will serve the best interest of Augusta, Georgia by encouraging effective competition or otherwise promoting economies in procurement. (c) Cancellation due to unavailability of funds in succeeding fiscal periods. All multi-term contracts shall include provisions providing that when funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be canceled with appropriate notice. (d) Renewal of contract. At least ninety (90) days prior to the expiration of any term of a multi-term contract, the using agency shall submit to the Augusta, Georgia Administrator, a report of the performance of the contract and the agency's recommendation as to the renewal of the contract. The Administrator, after consultation with the using agency and review of the report, and upon appropriate approval, shall renew the contract if renewal is in the best interest of Augusta, Georgia. All other requirements of this Section must be met in order to consummate a renewal. (e) Expiration and extension. Contracts being considered for renewal or re-bid may be extended by the Administrator for a period of time not exceeding ninety (90) days. Any extensions are subject to the availability of funds and mutual agreement of the vendor/contractor and Augusta, Georgia. Sec. 1-10-62. Right to inspect facilities. Official representatives of Augusta, Georgia shall have the right to inspect facilities of a vendor at any reasonable time which is related to the performance of any contract award, bid on or to be awarded by Augusta, Georgia. Sec. 1-10-63. Right to audit records and contracts and collection of statistical Attachment number 2 Page 57 of 110 Item # 18 Page 58 of 110 Version 6-8-2011 data. (a) Official representatives of Augusta, Georgia may, at reasonable times and upon reasonable written notice to vendor, inspect the official records of the person or firm pertaining to a contract, change order, or purchase order with Augusta, Georgia when such inspection is required by law, or is authorized by the Administrator in writing as being in the public interest. (b) Contract audit. Augusta, Georgia shall be entitled to audit the books and records of a contractor or subcontractor under any negotiated contract or subcontract, other than a firm fixed-price contract to the extent that such books, documents, papers and records relate to the performance of such contract or subcontract. Such books and records shall be maintained by the contractor for a period of three (3) years from the date of final payment under the prime contract and by the subcontractor for a period of three (3) years from the date of final payment under the subcontract, unless a shorter period is authorized in writing. (c) Collection of statistical data. Augusta, Georgia shall be entitled to collect statistical information relating to such factors to determine whether disparities exist as permitted by law. All contractors and subcontractors under any negotiated contract or subcontract shall collect such information for every Augusta, Georgia contract and shall make such information available upon request. Sec. 1-10-64. Rebidding or cancellation of existing contract. In the event a vendor is unwilling or unable to perform a contract or the vendor gives written notice of cancellation of an existing contract, the Procurement Director may immediately pursue a replacement of said contract either by formal or informal bid procedure as is appropriate, with the approval of the Augusta, Georgia Administrator. The Procurement Director may accept a next lowest bidder. The options selected shall be the most advantageous to Augusta, Georgia. Sec. 1-10-65. Multiple awards; limitations on multiple awards. (a) Multiple awards. Unless otherwise provided in this section, or unless otherwise provided by law, two or more offerors may be awarded separate contracts, at the discretion of the Administrator, on the basis of one solicitation for the same or similar work, supplies or services if Augusta, Georgia reserves the right to do so in the solicitation. Multiple contracts may Attachment number 2 Page 58 of 110 Item # 18 Page 59 of 110 Version 6-8-2011 be awarded, in the discretion of the Administrator for the procurement of annual contracts for supplies, annual contracts for construction and annual contracts for services. The solicitation shall also include a statement that Augusta, Georgia may, in its discretion, elect to award only one contract if the Procurement Director, after consultation with the head of the using agency, determines in writing that one contract is sufficient for the needs anticipated by Augusta, Georgia at the level of quality desired. Awards shall be made in accordance with the provisions of this article. Notwithstanding anything contained in this section, however, if multiple awards are not anticipated in a solicitation prior to the deadline established for receipt of bids, proposals or quotations, multiple awards shall not be made under that solicitation. (b) Prohibition against multiple awards for the procurement of construction or services that are not annual contracts. Except as provided in subsection (a) of this section, or unless otherwise provided by law, multiple contracts shall not be awarded under one solicitation for the procurement of construction or services which are not annual contracts. (c) Inapplicability. This section shall not apply to the grant agreements, inter- governmental agreements or emergency procurements. ARTICLE 7 LOCAL SMALL BUSINESS OPPORTUNITY PROGRAM Sec. 1-10-66. Title. Augusta, Georgia /RFDO6PDOO%XVLQHVV2SSRUWXQLWLHV3URJUDP³/6%23´ Sec. 1-10-67. Objective. Augusta, Georgia is firmly committed to the principles of equal opportunity and in keeping with these principles, hereby sets forth a program and establishes a mechanism for developing, approving, and implementing procedures by which local small business enterprises shall be identified, informed and educated regarding opportunities for supplying goods, general services, and construction services required by Augusta, Georgia, and providing for objectives for bidders to incorporate the use of Local Small Businesses as commercially useful sub- Attachment number 2 Page 59 of 110 Item # 18 Page 60 of 110 Version 6-8-2011 contractors, thereby promoting balanced economic and community growth throughout Augusta, Georgia. The LSBOP is a race and gender-neutral program. Sec. 1-10-68. Policy, intent and purpose. (a) Policy. It is the policy of Augusta, Georgia that all necessary and reasonable steps shall be taken to ensure that local small business enterprises have the maximum opportunity to compete for and participate in all contracts and subcontracts funded by or through the Augusta, Georgia governing authority. Further, the Augusta, Georgia Commission has determined as a means to ensure full economic participation by small local business that a mechanism for developing, approving and implementing a LSBOP is required. Augusta, Georgia has established the LSBOP to promote opportunities for registered Local Small Business to participate in Augusta, Georgia¶V contracting and procurement activities by requiring contractors to utilize registered Local Small Businesses to perform commercially useful functions to the maximum extent possible and as economically feasible, as partners or subcontractors for service delivery or as suppliers of various goods required in the performance of a contract. This LSBOP is in addition to and shall not supplant the Local Preference Ordinance, Code § 1-10-6. (b) Intent and Purpose. The Augusta, Georgia Local Small Business Opportunity Program is established to encourage equal opportunity, diversity, and equity in $XJXVWD *HRUJLD¶s contracting and procurement activities. In a race and gender neutral manner, the Program will promote fair and equal opportunities for all local small businesses. It is specifically intended that the encouragement of local small businesses will allow for the development and growth of such businesses to increase competition for construction and procurement opportunities. (1) It is the intent and purpose of this Program to encourage equal opportunity in $XJXVWD*HRUJLD¶s contracting and procurement and to eliminate discrimination and the effects of past discrimination therein. (2) It is also the intent and purpose of this Program to encourage the use of the Local Small Business Opportunity Program, which will have the benefit to Augusta, Georgia of assisting the local economy with job formation while remedying the discrimination against minority Attachment number 2 Page 60 of 110 Item # 18 Page 61 of 110 Version 6-8-2011 owned business enterprises in the Augusta, Georgia contracts and procurement in a race and gender-neutral manner. (3) It is also the intent and purpose of the LSBOP to develop evidence relevant to whether future race and gender conscious programs are necessary to remediate the effects of past or current discrimination, as required by applicable laws. Sec. 1-10-69. Definitions. (a) Generally. Those definitions set forth in this Chapter shall also apply to this Article, except as provided in this section. (b) Specifically. (1) Citizen¶s Small Business Advisory Board (CSBAB). Is a council to advise the Commission and Equal Opportunity Director of matters pertaining to the LSBOP, and to meet with small businesses to review and advise as to the issues in program administration. See Consolidation Act, Ga. Laws 1995, p. 3648, § 14(d). (2) Commercially Useful Function. For the purpose of determining whether a registered Local Small Business is performing a commercially useful function, the Equal Opportunity Director shall consider all of the facts in the record, viewed as a whole, including without limitation the following: (i) A Local Small Business performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. (ii) To perform a commercially useful function, the Local Small Business must be responsible, with respect to material and supplies used on the contract or sub-contract for which it is engaged, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. (iii) A Local Small Business does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which Attachment number 2 Page 61 of 110 Item # 18 Page 62 of 110 Version 6-8-2011 funds are passed in order to obtain the appearance of Local Small Business participation. In determining whether a Local Small Business is such an extra participant, the Equal Opportunity Director will examine similar transactions, particularly those in which Local Small Businesses do not participate. (3) Good Faith Efforts. Techniques used by a bidder/proposer to seek Local Small Businesses to participate as a subcontractor or supplier required to fulfill the bid/proposal request for participation. Such good faith efforts of a bidder/proposer include, but are not necessarily limited to, the following actions: (i) Including qualified local small businesses in the prime FRQWUDFWRU¶VVROLFLWDWLRQVIRUVXEFRQWUDFWRUVDQGVXSSOLHUV (ii) Assuring that local small businesses are solicited whenever such business enterprises can perform a commercially useful function. (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation of local small businesses. (iv) Establishing delivery schedules, where the requirements of the prime contract permit, which encourage participation of local small businesses. (v) Using the services and the assistance of the Equal Opportunity Director in the identification of qualified local small business and negotiating subcontracts and supply contracts with such enterprises. (vi) Requiring each first tier subcontractor to take the affirmative steps outlined in sub paragraphs 1 through 5 above with respect to the identification and usage of second or third tier sub- contractors. (vii) Placing notices of opportunities for qualified local small business to perform subcontracting work on the eligible project in newspapers, trade journals, and other relevant publications, including publications specifically targeted to local small Attachment number 2 Page 62 of 110 Item # 18 Page 63 of 110 Version 6-8-2011 businesses, or communicating such notices of opportunities via the Internet or by other available media or means. (viii) Designating portions of the work for local small businesses subcontracting in trades with available local small business subcontractors. (ix) Providing a minimum of five (5) days notice to local small businesses when requesting bids or proposals for furnishing material or services as a subcontractor or supplier. (4) Gross Receipts. Total income or, in the case of sole proprietorship JURVVLQFRPHSOXV³FRVWRIJRRGVVROG´DVWKHVHWHUPV are defined or reported on Internal Revenue Service (IRS) Federal tax return forms; Form 1120 for corporations; Form 1120S for Subchapter S corporations; Form 1065 for partnerships; and Form 1040, Schedule F for farm or Schedule C for sole proprietorships. (5) Joint Venture. An association of two or more businesses to carry out a single business enterprise for profit for which purpose they combine their property, capital, efforts, skills, and knowledge. (6) Local Small Business. A corporation, sole proprietorship, partnership or other business organization that meets the requirements for registration as such with Augusta, Georgia in accordance with Section 1-10-64 of this code. (7) Monthly Utilization Report or MUR. A memorialization by a prime contractor of all subcontracting and Local Small Business participation utilized on a contract. Contractors/vendors are required to submit the Monthly Utilization Reports on all subcontracting participation to the Equal Opportunity Director. (8) Non-Discrimination Statement. Written affirmation made by a bidder UHODWLQJWRWKHELGGHU¶VFRQGXFWSULRUWRVXEPLVVLRQRIDELGDVZHOODV after award of a contract that the bidder agrees to: (i) Follow the policies of Augusta, Georgia relating to the participation of local small businesses. (ii) Undertake certain measures to ensure the maximum practicable participation by local small businesses; and Attachment number 2 Page 63 of 110 Item # 18 Page 64 of 110 Version 6-8-2011 (iii) Not engage in discriminatory conduct against local small businesses inconsistent with this Policy. (9) Personal Net Worth. Net value of the assets of an individual owner, after total liabilities are deducted must not exceed seven hundred and ILIW\ WKRXVDQG GROODUV $Q LQGLYLGXDO¶V 3HUVRQDO 1HW :RUWKGRHVQRWLQFOXGHWKHLQGLYLGXDO¶V ownership interest and the LQGLYLGXDO¶V HTXLW\ LQ KLV RU KHU SULPDU\ SODFH RI UHVLGHQFH $Q LQGLYLGXDO¶V3HUVRQDO1HW:RUWKLQFOXGHVKLVRUKHUVKDUHRIDVVHWV KHOG MRLQWO\ ZLWK WKH LQGLYLGXDO¶V VSRXVH 3URSHUW\ KHOG E\ WKH entireties is deemed to be owned equally by the spouse. (10) Prime Contractor. A person or firm who is awarded a contract from Augusta, Georgia for provision of goods or services and has the primary responsibility for performance of the contract. The Prime Contractor may subcontract portions of the work required to Subcontractors, as indicated in the bid or solicitation documents. (11) Registered Local Small Business. Any business entity registered by the Equal Opportunity Director, providing goods or services, which has its principal office and place of doing business in Augusta, Georgia; with three (3) year average gross annual receipts being not more than one and one half million dollars ($1,500,000); and whose owners meet the personal net worth threshold, all as defined herein. The term Local Small Business shall also include a manufacturer with seventy-five (75) employees or less or wholesaler with fifty (50) employees or less without regard to gross revenues. (12) Schedule of local small business participation. Written data sheet which is a required submittal for a bid or proposal that lists proposed local small business subcontractors and the estimated value of proposed sub-contracts. Sec. 1-10-70. Application; effective date. Except as otherwise provided, this ordinance shall apply to all bids, proposals, contracts, expenditures and purchases commenced by Augusta, Georgia except sole source or emergency procurements and certain federally funded projects as provided herein. The effective date of this ordinance shall be the date it is approved by the Augusta, Georgia Commission. Attachment number 2 Page 64 of 110 Item # 18 Page 65 of 110 Version 6-8-2011 Sec. 1-10-71 . Program administration. (a) Services to be provided by the Local Small Business Opportunities Program. The Equal Opportunity Director shall have the primary responsibility to assure that the LSBOP is effectively and equitably carried out in Augusta, Georgia. Other Augusta, Georgia officials, the Procurement Director, Department Directors and management personnel shall give their full cooperation towards the implementation of the LSBOP. (b) Program. The LSBOP administration consists of performing vendor registration, education and outreach, and review of bid and proposal documents. Specifically, the program shall consist of: (1) Developing and administering local small business registration criteria and procedures. (2) Establishing and maintaining a directory available to the public of registered local small businesses capable of supplying the type and quality of equipment, supplies, general services, construction, and professional services required by Augusta, Georgia. (3) Regularly seeking out and registering new local small businesses to bid on Augusta, Georgia purchases and solicitations. (4) Notifying vendors of their registration status and advising non- registered parties of their right to appeal the denial of registration which shall be filed with the Equal Opportunity Director within five (5) days of receipt of such notice. (5) Developing annual forecasts and periodically updating same based on a review of anticipated purchases and registered local small businesses. (6) Monitoring and reporting on legislative and judicial actions relevant to local, small business interests. (7) Reviewing specifications and bid documents with the Procurement Department to ensure maximum opportunities for registered local small businesses to compete on an equal basis for contracting opportunities and to perform commercially useful functions. Attachment number 2 Page 65 of 110 Item # 18 Page 66 of 110 Version 6-8-2011 (8) Convening and/or participating in information sessions with local small businesses regarding bid requirements and contract performance. (9) Providing technical assistance, conducting seminars, visiting vendors, and performing other outreach services to encourage and increase participation in Augusta, Georgia¶V ELGGLQJ SURFHVV E\ local small businesses. (10) Exploring and developing other means of expanding the program, and attracting and increasing local small business participation including joint efforts with other governmental agencies and authorities. (11) Refer local small businesses to third party development assistance providers when appropriate for bonding, financial and technical assistance. (12) Attend pre-bid, pre-qualification or pre-proposal conferences to provide information on the LSBOP. (13) Preparing and presenting an annual LSBOP report to the Augusta, Georgia Commission. (14) Assist prime contractors and other potential bidders in identifying and contacting local small businesses. (15) Develop outreach programs specifically targeted to educate local small businesses about the LSBOP. (16) The Equal Opportunity Director shall work with User Departments to set contracting goals for each project over $100,000 to include those with subcontracting and/or supplier possibilities. The Equal Opportunity Director and User Departments shall have the authority to reduce or eliminate such local small business goals on a project based on the type of contract, the type of subcontracting work that will be required, and the availability of local small businesses. (17) At Risk Management Construction Project Prime bidders will also be subject to the contract goals for subcontractors. Attachment number 2 Page 66 of 110 Item # 18 Page 67 of 110 Version 6-8-2011 (18) Augusta, Georgia shall indicate goals for local small businesses in Project Specific solicitations over $100,000 to provide opportunities for local small business participation. (19) Where a bid provides a goal for local small business participation, the Equal Opportunity Director and User Department shall recommend a bidder be awarded a contract only where the bidder has demonstrated Good Faith Efforts to meet the designated goals. (20) Notify all registered vendors of formal bid opportunities through direct solicitation or public advertisement, including information on the LSBOP. (21) Work with project managers or user agencies to divide larger projects into smaller projects or contracts when commercially appropriate, in order to create more opportunities for local small businesses to participate in contracts let by Augusta, Georgia. (22) Provide data and technical assistance to support the outreach efforts of the LSBOP as necessary and appropriate. (23) Ensure specifications are open and competitive. (24) The Equal Opportunity Director, the Using Agency and the Finance Director, may make special provision for progress payments as deemed reasonable to assist local small businesses to carry out the terms of a contract. (25) When a local small business is awarded a contract with Augusta, Georgia, the Procurement Director may furnish written confirmation of the same, providing the terms of the contract which may be used by the local small business in negotiating lines of credit with lending institutions. (c) Evaluation of the Local Small Business Opportunity Program. The LSBOP shall be evaluated on an annual basis. Each annual report shall be compiled by the Equal Opportunity Director and shall compare the fiscal year ending with the previous fiscal year. Evaluation of the program may include: (1) Number of local small business firms registered; Attachment number 2 Page 67 of 110 Item # 18 Page 68 of 110 Version 6-8-2011 (2) Training and technical assistance offered to local small businesses; (3) Dissemination of LSBOP information at pre-bid conferences; and (4) Evaluation of the effectiveness of the local small business in relation to the achievement of Augusta, Georgia¶VJRDOVVHWIRUWKXQGHUWKLV policy, including the utilization of local small businesses on contracts. Sec. 1-10-72. Registration and certification procedures. (a) Registration Criteria; acceptance of certification by other governmental agencies. The LSBOP requires prior registration or evidence of current certification by other governmental agencies Local Small Business in order to count the participation of that toward program goals. Eligibility requirements for registration are: (1) Certification as to small business status may be accepted from other local governmental, state or federal agencies that apply criteria substantially similar to that imposed by this ordinance. (2) Applicant firm must complete an appropriate application form obtained from the Equal Opportunity Director and must qualify as a local small business, as the term is defined in this Article as to principle place of business, gross annual receipts and personal net worth thresholds. (3) Applicant firm must have its principal place of business located within the geographic limits of Richmond County. A location utilized solely as a post office box, mailbox, mail drop, virtual office, telephone message center, or any combination thereof, with no substantial work function, shall not be deemed to be a significant local presence sufficient to qualify as a local small business. (4) Applicant firm must possess a valid Augusta, Georgia business license for six (6) months prior to submitting their LSBOP registration application; (5) 7KHILUP¶VWKUHH (3) year average annual gross receipts, as defined herein, must not exceed $1.5 million ($1,500,000) in annual gross Attachment number 2 Page 68 of 110 Item # 18 Page 69 of 110 Version 6-8-2011 receipts; the annual gross receipts limitation shall not apply to manufacturers with seventy-five (75) employees or less or wholesalers with fifty (50) employees or less. (6) Applicant firm owner must be a citizen or lawfully admitted permanent resident of the United States; (7) Applicant firm must be a business, including a sole proprietorship, partnership, corporations, limited liability company, or any other business or professional entity: (i) which is at least fifty-one (51) percent owned by one (1) or more of the applicant individuals identified, and the ownership must have been in existence for one (1) year or more; and (ii) in the case of a publicly-owned business, at least fifty-one (51) percent of all classes of stock which is owned by one (1) or more of such persons, each of whom meets the net worth criteria as defined herein. (8) No individual owner of an applicant firm, or if a sole proprietorship or partnership the individuals themselves, may have a personal net worth that exceeds $750,000, as that term is defined in this Article. (9) No local small business shall be registered on the basis of the race or gender of its ownership regime. (b) Renewal of Registration. Local small business registration is valid for a two-year period beginning on the date Augusta, Georgia registers the business. To re-apply, a local small business must submit a new application and evidence of continuing eligibility. It is the responsibility of the local small business to notify the Equal Opportunity Director of any change in its circumstances affecting its continued eligibility for WKH SURJUDP )DLOXUH WR GR VR PD\ UHVXOW LQ WKH ILUP¶VGH-registration and preclusion from future participation in the LSBOP; (1) A Local Small Business that no longer meets registration criteria shall not be re-registered by the Equal Opportunity Director; Attachment number 2 Page 69 of 110 Item # 18 Page 70 of 110 Version 6-8-2011 (2) Firms that have been denied registration or re-registration may protest the denial as follows: (i) Within five (5) days of receipt of denial of registration or re- registration, the firm may protest such action in writing to the Equal Opportunity Director. Protests filed after the five (5) day period shall not be considered and are deemed a failure on the part of the protestor to exhaust administrative remedies. (ii) A hearing shall be held by Augusta, Georgia Administrator (or his or her designee) at which time the firm may present additional facts and evidence in support of its eligibility. Augusta, Georgia Administrator (or his or her designee) shall control all aspects of the hearing, including scheduling, conduct, witnesses, and evidence, and may request the attendance of witnesses and production of particular documents. (iii) Augusta, Georgia Administrator shall send written notice of the decision to the firm within thirty (30) days of the hearing. (iv) A firm found to be ineligible cannot apply for registration or re-registration for a period of one year after the effective date of the final decision. (c) Limitations. Notwithstanding any other provision of this program except on a finding of good cause by Augusta, Georgia, a registered local small business is no longer eligible to participate in the LSBOP after being enrolled for ten (10) consecutive years regardless of whether the firm received contracts or prime contracts under the program. If a firm has been released from the program before graduation as a result of exceeding the LSBOP thresholds, it will still be eligible to receive contracts from Augusta, but such participation will not be counted toward the LSBOP goal of identifying and employing local small businesses to the greatest extent possible. In determining whether a good cause exists for a firm to continue participation beyond ten (10) consecutive years, Augusta may review all relevant factors such as amount of business previously received by the firm, and capability of other small firms to provide goods and services, impact on Attachment number 2 Page 70 of 110 Item # 18 Page 71 of 110 Version 6-8-2011 a potential contract opportunity for other local businesses to compete. In no event shall a firP¶VSDUWLFLSDWLRQLQWKHSURJUDPH[WHQGEH\RQGILIWHHQ years. Participation or registration as a local small business in the LSBOP shall not preclude a registered firm from competing for a prime contract with Augusta, Georgia on the same basis as other prime contractors or suppliers. (d) Graduation. Augusta, Georgia shall graduate a local small business from eligibility as a local small business. The local small business will be graduated from local small business if any one of the following occurs: (1) The local small business¶ JURVV UHYHQXHV LQ HDFK RI WKH SUHYLRXV consecutive three (3) years exceed an average of $1.5 million; (2) The net worth of any owner of a local small business exceeds an average of $750,000 for each of the previous consecutive three (3) years, exclusive of principal residence and the value of the local small business; or (3) The local small business has participated in the LSBOP for ten (10) years and Augusta, Georgia has not approved an extension of participation based on good cause. Sec. 1-10-73. Local small business opportunities program participation. (a) Sealed Bids, Sealed Proposals, Professional Services And Other Major Purchasing. The following procedures and contract requirements will be used to insure that local small businesses are encouraged to participate in Augusta, Georgia contracts, including but not limited to construction contracts, requests for professional services and the performance of public works contracts. The Augusta, Georgia user department shall indicate goals for local small business in all solicitations for contracts over $100,000 in value: (1) Bid conditions, requests for proposals, and all other specifications for contracts awarded by Augusta, Georgia will require that, where subcontracting goal is utilized in performing the contract, the bidder or proponent, will make Good Faith Efforts to subcontract with or purchase supplies from local small businesses. Bid specifications Attachment number 2 Page 71 of 110 Item # 18 Page 72 of 110 Version 6-8-2011 will require the bidder or proponent to keep records of such efforts that are adequate to permit a determination of compliance with this requirement. (2) Each bidder shall be required to provide documentation of achieving goal or provide documentation of Good Faith Efforts to engage local small businesses as subcontractors or suppliers, the names of local small businesses and other subcontractors to whom it intends to award subcontracts, the dollar value of the subcontracts, and the scope of the work to be performed, recorded on the form(s) provided or made available as part of the bid package. If there are no sub-contracting opportunities, bidder shall so indicate on the appropriate form. (3) For all such contracts, the Procurement Department will provide the Equal Opportunity Director with a copy of the invitation to bid or bid specifications including scope of work. The Equal Opportunity Director will identify the existence of registered local small businesses which are qualified to submit bids as prime contractors. (4) The Equal Opportunity Director shall identify subcontracting opportunities and shall make available trade-specific lists of registered local small businesses to potential prime contractors. Prime contractors are encouraged to form Joint Ventures with local small businesses to perform major contracts, particularly in the areas of construction and professional services. (5) Within thirty (30) days of the adoption of this Ordinance, the Procurement Department will include a copy of this ordinance in each bid or proposal package or shall publish and make available an internet link at which the LSBOP Ordinance and related forms may be found on the official website of Augusta, Georgia. (6) All bid documents shall require bidders or proponents to submit with their bid the following written documents, statements or forms, which shall be made available by the Procurement Department. (i) Non-'LVFULPLQDWLRQ6WDWHPHQWZKLFKVKDOODIILUPWKHELGGHU¶V (a) adherence to the policies of Augusta, Georgia relating to equal opportunity in contracting; (b) agreement to undertake certain measures as provided in this policy to ensure maximum practicable participation of local small businesses; and Attachment number 2 Page 72 of 110 Item # 18 Page 73 of 110 Version 6-8-2011 (c) agreement not to engage in discriminatory conduct of any type. (ii) Proposed Local Small Business Subcontractor/Supplier Utilization Plan. (iii) Documentation of Good Faith Efforts to use local small businesses. Failure to submit the above documentation shall result in the bid or proposal being declared non-responsive. (7) Before advertising and soliciting bids, the Equal Opportunity Director and using department will assess if large contracts can be segmented into multiple contracts. Methods to be considered include: (i) The term of a contract may be shortened that results in a dual effect; the reduction of quantity required, and the risk inherent in guaranteeing prices over a longer period of time. (ii) Work to be performed may be grouped according to geographic location within Augusta, Georgia. (8) When the Solicitation bid document contains a local small business goal, each Bidder must either: meet the local small business goal or comply with the Good Faith Effort requirement set for in section 1- 10-69(b)(3). Failure to do so constitutes grounds for rejecting the Bid. (9) When the Solicitation bid document does not contain a local small business goal, each bidder must negotiate in good faith with each local small business WKDWUHVSRQGVWRWKH%LGGHU¶VVROLFLWDWLRQDQGHDFKORFDO small business that contacts the Bidder on its own accord. (10) Self-Performance. Self performance does not exempt Bidders from the LSBOP requirements unless the self performer is a qualified and registered local small business. Bidders that do not meet the local small businesses goal and desire to self-perform all or part of the construction contract must nevertheless demonstrate that they Attachment number 2 Page 73 of 110 Item # 18 Page 74 of 110 Version 6-8-2011 complied with the Good Faith Efforts requirements as set forth in section 1-10-69(b)(3). (b) Departmental Purchase Requirements (All Formal Bids over $100,000). User Departments making purchases or issuing solicitations for projects over $100,000 (including project management, contract management, and/or construction, and/or design contracts) shall have the following duties and responsibilities with regard to the LSBOP: Departments shall: (1) Establish Project Specific Goals on all projects $100,000 and above. (2) Submit the scope of work and cost estimate evaluations to the Equal Opportunity Director so appropriate local small business subcontracting goals may be determined. (3) Assist the Equal Opportunity Director with setting Project Specific Goals. (4) Assist in identification of available local small businesses. (5) Gather and maintain data for those contracts which they manage. (6) Submit subcontracting data to the Equal Opportunity Director within fourteen (14) days of progress payments and thirty (30) days of contract closeout. (7) Submit to the Equal Opportunity Director, on or before the beginning RIHDFK)LVFDO\HDUWKH'HSDUWPHQW¶VDQQXDOOLVWRISURMHFWVOLVWLQJDOO upcoming projects, estimating the probable monetary value, and stating the projected bid advertisement date. (8) Indicate goals for local small businesses in solicitations for contracts that provide opportunities for local small business participation. (9) Work with User Departments to monitor contracts to facilitate prompt payments to local small business and to be in compliance with Project Specific Goals and commitments. (10) Track and report statistics regarding the effectiveness of the LSBOP, as measured by a review of data indicating prime and subcontractor Attachment number 2 Page 74 of 110 Item # 18 Page 75 of 110 Version 6-8-2011 spending with local small business, as required by the policies and procedures. (c) Methodology for Setting Local Small Business Project Specific Goals. The Equal Opportunity Director in consultation with User Department shall establish a local small business goal for all contracts through rules and guidelines for the implementation of the LSBOP. Such methodology shall take into account the reasonably known availability of subcontracting opportunities that local small businesses can perform on each contract. Local small business goals should be calculated based upon specific contracting, subcontracting, and/or supplier opportunity and the availability of local small business registered in Augusta, Georgia¶V GLUHFWRU\ For federally funded projects, this will be achieved by applying the Federal Guidelines for setting Goals 49 CFR Parts 26-45. (d) Post Contract Award Requirements. The purpose of this sub-section is to establish requirements for contractor compliance with the LSBOP after a contract has been awarded. This is incorporated into all Augusta, Georgia Contracts for which a local small business goal has been established or negotiated. (1) Contractors shall have an affirmative, ongoing obligation to meet or exceed the committed local small business goal for the duration of the contract. The Augusta, Georgia may deem a contractor to be in violation of the LSBOP and in breach of its contract if at any time Augusta, Georgia determines that: (a) The contractor will not meet the committed local small business goals; and (b) the reasons for the FRQWUDFWRU¶VIDLOXUHDUH withLQWKHFRQWUDFWRU¶VFRQWURO)RUH[DPSOH if a contractor does not meet the local small business goal because the contractor terminated a local small business without cause or if the contractor caused and local small business to withdraw from the project without justification, then Augusta, Georgia is justified in finding the contractor to be in violation of the LSBOP. (2) Exceptions. A contractor shall not be deemed in violation of this Program for failure to meet the committed local small business goal to the extent such failure is directly attributable to: (i) Augusta, Georgia reducing the scope of a contract so as to eliminate or reduce work that was going to be performed by Attachment number 2 Page 75 of 110 Item # 18 Page 76 of 110 Version 6-8-2011 local small businesses (whether through a change order, contract amendment, force account or otherwise); (ii) A local small businesses voluntary withdrawal from the project, if the contract demonstrates that such withdrawal was beyond WKHFRQWUDFWRU¶VUHDVRQDEOHFRQWUROVRORQJDVWKHFRQWUDFWRU complied with the Good Faith Efforts to replace the local small business with another local small business; or (iii) Termination or reduction in the work of a local small business, if the contractor demonstrates that such termination was consistent with the terms of this Program, and that the contractor complied with the Good Faith Efforts to replace the local small business with another local small business. (3) Contractors have an ongoing, affirmative obligation to ensure that local small businesses performing on the contract are performing a Commercially Useful Function. A contractor shall be in violation of the LSBOP and in breach of its contract if it lists a local small business to receive credit toward a committed local small business goal with knowledge that the local small business will be acting as a conduit or will otherwise not be performing a Commercially Useful Function reasonably commensurate with the payment amount for which the contractor will be seeking credit. (4) Contractors shall not terminate, replace or reduce the work of a local small business that the contractor has counted toward meeting the committed local small business unless: (i) The local small business refuses to enter into a contract consistent with the local small business¶/HWWHURI,QWHQW; (ii) The local small business materially breaches its contract with the contractor; (iii) Augusta, Georgia reduces the contract scope of work so as to eliminate or reduce the work that the local small business was to perform; or Attachment number 2 Page 76 of 110 Item # 18 Page 77 of 110 Version 6-8-2011 (iv) The local small business voluntarily withdraws from the contract for reasons not wiWKLQ WKH FRQWUDFWRU¶V UHDVRQDEOH control. (5) Contractor shall provide the User Department, the Equal Opportunity Director and the Procurement Director written notice prior to replacing or terminating a local small business on a contract. The notice shall identify the local small business and the contract; state the reason for the termination or replacement and state the proposed date on which such termination or replacement will occur. Unless the circumstances necessitate immediate termination or replacement, the contractor shall provide such notice to the User Department, and the Equal Opportunity Director at least five (5) Business Days before the contractor terminates the local small business. The contractor shall further provide written notice to the local small business stating the reasons for the termination. Unless circumstances dictate otherwise, the contractor shall provide such notice before termination is to occur. (6) Good Faith Efforts to replace a local small business to a contract. When a local small business withdraws or is terminated from a contract for any reason, the contractor shall comply with the Good Faith Efforts requirement to replace the departing local small business with another local small business. Likewise, when new opportunities for subcontracting arise on a contract and Augusta, Georgia sets a supplemental local small business goal, the contractors shall comply with the Good Faith Efforts set in an effort to meet the supplemental local small business goal. (7) Utilization Reports and Documentation of Payment. Contractors shall report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Equal Opportunity Director, and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor and/or collecting liquidated damages. Attachment number 2 Page 77 of 110 Item # 18 Page 78 of 110 Version 6-8-2011 (e) Departmental purchase requirements (small purchases, quotations, or informal bids). Subject to the dollar limits set forth under Augusta, Georgia ordinance, departments are authorized to make small purchases using Agency Purchase Orders. Departments shall be directed by Augusta, Georgia Administrator to utilize local small businesses on small purchases whenever possible and appropriate. (1) The Equal Opportunity Director shall make available to every Augusta, Georgia department a directory of registered local small businesses and encourage their use of by departments. (2) The Equal Opportunity Director shall provide annual training to all Augusta, Georgia Departments on the LSBOP. (3) The Equal Opportunity Director shall ensure that all Augusta, Georgia specifications for goods and services do not contain any unnecessary impediment to local small business participation in the bid process. (4) For small purchases, quotations or informal bids, the Using Department will solicit bids from registered local small businesses to supply the required materials, equipment, supplies or services using the local small business Registry created and maintained by the Equal Opportunity Director. (5) The Equal Opportunity Director and Procurement Department will attempt to identify qualified local small businesses and will include such local small business in bid/quote solicitation lists. (6) The Equal Opportunity Director will make recommendations to the Procurement Director and User Departments when specification appears to impede local small businesses from competitively participating in a bid. (f) Procurement Department and User Agency Responsibilities. (1) For purchases on which written bids are sought, registered local small businesses which are ready, willing and able to perform the required services or provide the required commodity will be solicited for a written quotation or bid. Attachment number 2 Page 78 of 110 Item # 18 Page 79 of 110 Version 6-8-2011 (2) Purchases from local small businesses shall be tracked by the Equal Opportunity Director with the assistance and cooperation of the user Departments. (g) Maintenance of Records. (1) The Equal Opportunity Director, with the assistance of the Department of Information Technology, shall compile data on local small business participation as well as women and minority owned business participation. Information on prime contract awards and subcontractor utilization will be maintained by the Equal Opportunity Director which will gather information from all user Departments on a quarterly basis. (2) Local small business utilization statistics shall be maintained in the following manner: (i) Contracts and purchases shall be grouped into four categories: construction, professional services, general services and materials/equipment/supplies. (ii) Statistics shall measure overall awards to local small businesses and to women and minority owned businesses by category of purchase (i.e. construction, professional services, general services, and materials/equipment/supplies). (iii) All data necessary to evaluate the effectiveness of the LSBOP in reducing discrimination against minority and women owned businesses shall be kept and maintained by the Equal Opportunity Director. (3) Data collection is an important aspect of evaluating the effectiveness of the LSBOP. The LSBOP is a race and gender neutral program and all data collection efforts shall be for evaluating purposes only. The following statistics shall be reported not less than annually to the Augusta, Georgia Commission by the Equal Opportunity Director. (i) Regarding purchases of professional services, general services and material/equipment/supplies made through the competitive bid and quotation process: Attachment number 2 Page 79 of 110 Item # 18 Page 80 of 110 Version 6-8-2011 (a) Total value of purchases. (b) Total value of purchases from local small businesses. (c) Total value of purchases from women owned businesses. (d) Total value of purchases from minority owned businesses. (ii) Regarding small purchases by operating department using Agency Purchase Orders: (a) Total value of small purchases by Augusta, Georgia Department. (b) Total value of small purchases from local small businesses by Department. (c) Total value of small purchases from women owned businesses by Department. (d) Total value of small purchases from minority owned businesses by Department. (iii) Regarding construction purchases: (A) Total value of construction contract awards. (B) Total value of construction contracts awarded to local small businesses as prime contractors. (C) Total value of subcontracts awarded to local small businesses. (D) Total value of subcontracts awarded to women owned businesses. (E) Total value of subcontracts awarded to minority owned businesses. (h) Compliance. (1) It will be the duty of the Procurement Director to ensure that bids or proposals issued from the Procurement Department adhere to the provisions set forth in this Policy. Attachment number 2 Page 80 of 110 Item # 18 Page 81 of 110 Version 6-8-2011 (2) The Equal Opportunity Director, and all department directors will assume responsibility for evaluating compliance with this program in their respective contract areas and will review, on a continuing basis, DOODVSHFWVRIWKHSURJUDP¶VRSHUDWLRQVWRDVVXUHWKDWWKHSXUSRVH is being attained and reporting same to the Equal Opportunity Director for tracking and annual report purposes. (3) Each Augusta, Georgia contract will contain a provision requiring compliance with this policy including maintenance of records, good faith efforts, and maintenance of information necessary to document compliance with, and effectiveness of the LSBOP. This shall include the right of the Equal Opportunity Director and any compliance personnel to inspect such records. Compliance records will be a part of the official files located in the Procurement Office. (4) The Equal Opportunity Director shall be responsible for evaluating good faith efforts documentation and subcontractor information submitted by bidders in conformance with, the AUGUSTA, GA. CODE and any State and Federal Laws applicable to any bid specifications for competitive sealed bid or competitive sealed proposal projects prior to award of the contract. (5) Each Augusta, Georgia contract will contain a provision prohibiting any agreements between a contractor and a local small business in which the local small business promises not to provide subcontracting quotations to other bidders or potential bidders. (i) Competitive Bids. Nothing in this Policy is to be construed to require Augusta, Georgia to award a bid contract to other than the lowest responsible bidder, or to require contractors to award to subcontractors, or to make significant material purchases from local small businesses who do not submit the best overall pricing to Augusta, Georgia. (j) Outreach. To maximize the identification, registration and utilization of local small businesses, the following efforts will be undertaken by the Equal Opportunity Director: Attachment number 2 Page 81 of 110 Item # 18 Page 82 of 110 Version 6-8-2011 (1) Increase efforts to locate and register additional vendors, service providers, and construction contractors that can provide goods and services for Augusta, Georgia through media, vendor fairs, and electronic message boards. (2) As Georgia Department of Transportation, Federal Transit Administration, Department of Defense and Federal Aviation Administration certified construction contractors are located, invite local firms to register with Augusta, Georgia in accordance with the requirements of this Article in order to create an enhanced resource to using departments, buyers and prime contractors to locate registered local small businesses for projects that can utilize local small businesses for a commercially useful function. (3) Supply information to the Board of Commissioners regarding the LSBOP and offer opportunities for ways in which the Board of Commission can be an advocate of the LSBOP. Sec. 1-10-74. Exceptions ± federally funded projects. In accordance with § 1-10-8 and Article 14, the LSBOP shall only be utilized with federally funded projects, solicitations or contracts as authorized by federal (and Georgia) laws, regulations and conditions applicable to such projects. To the extent that there are any conflicts between any such laws, regulations or conditions and the LSBOP, the federal (and Georgia) laws, regulations and conditions shall control. Sec. 1-10-75. Citizens Small Business Advisory Board. A Citizens¶ Small Business Advisory Board (CSBAB) shall be constituted to advise the Commission and Equal Opportunity Director on matters related to this ordinance, and to meet with local small businesses, to review and provide input as to the issues in program administration. See AUGUSTA, GEORGIA CHARTER § 1-40. Members are appointed by the Mayor, Commission and the Richmond County Legislative Delegation. A list of the appointees is maintained in the Clerk of &RPPLVVLRQ¶V2IILFHDQGLVLQFRUSRUDWHGKHUHLQE\UHIHUHQFH Attachment number 2 Page 82 of 110 Item # 18 Page 83 of 110 Version 6-8-2011 ARTICLE 8 SUSPENSION OR DEBARMENT OF BIDDER OR PROPOSER Sec. 1-10-76. Authority to suspend or debar from qualified bidder/proposer list for consideration of contract award. Authority to debar or suspend. The Procurement Director, after consulting with the General Counsel, is authorized to debar a person for cause from participation in any Augusta, Georgia procurements at any tier and consideration for award of contracts. The debarment shall be for a period of not more than five (5) years. The period of time during which the debarment will be imposed is to be determined by the Procurement Director based upon the severity of the causes for debarment. After consultation with the using agency and General Counsel, the Procurement Director is authorized to suspend a person from participation in any Augusta, Georgia procurement at any tier and consideration for award of contracts if there is probable cause for debarment. The suspension shall not be for a period exceeding the greater of: (1) three months; (2) the period during which administrative review of the suspension is pending; or (3) the period during which judicial review of an administrative decision that was adverse to the suspended firm is pending. Sec. 1-10-77. Causes for debarment or suspension. The causes for debarment or suspension include: (a) Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract. (b) Conviction under state and federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affects responsibility as an Augusta, Georgia contractor. (c) Conviction under state or federal antitrust statutes arising out of the solicitation and submission of bids or proposals. (d) Violation of contract provisions, as set forth below, of a character which is regarded by the Procurement Director to be so serious as to justify debarment action: Attachment number 2 Page 83 of 110 Item # 18 Page 84 of 110 Version 6-8-2011 (1) Deliberate failure to perform in accordance with the provisions or within the time limit provided in any Augusta, Georgia contract. (2) A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts, provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment. In the event that the contractor asserts in a suspension or debarment proceeding that such recent failure to perform or unsatisfactory performance in accordance with the terms of one or more contracts was caused by acts beyond the control of the contractor, the contractor must introduce documentation from the applicable contract/project in which it provided notice of such acts beyond its control and/or invoked its rights to equitable adjustment or other similar remedies under the applicable contract as a result of force majeure or other similar events; provided, however, that Augusta, Georgia's determination on such issue will be independent from the contract/project at issue. It is insufficient in a debarment proceeding for the contractor to raise this issue for the first time concerning a prior contract under which it failed to perform or performed unsatisfactorily. (e) For violation of any ethical standards set forth in Article 3, Ethics in Public Contracting. (f) Submission to Augusta, Georgia of a claim for additional compensation that is without merit, including, but not limited to claims seeking to recoup: (1) Costs incurred by the contractor but not included in its bid or proposal due to its own error; (2) Costs that it has already been paid or will be paid under the contract; (3) Costs asserted simply for the purpose of forcing Augusta, Georgia to consider a settlement at a reduced amount; (4) Costs that the contractor has not certified pursuant to the contract documents; and Attachment number 2 Page 84 of 110 Item # 18 Page 85 of 110 Version 6-8-2011 (5) Costs that the contractor would not be entitled to recover under the contract documents, including, but not limited to attorneys fees and interest on unpaid sums. (g) Material misrepresentation of the composition of the ownership or work force of a business entity registered with Augusta, Georgia as a local small business. (h) Any other cause the Procurement Director, in consultation with the using agency and General Counsel, determines to be so serious and compelling as to affect responsibility, including, but not limited to, debarment by another governmental entity. Sec. 1-10-78 . Notice. The Procurement Director shall issue a written notice of the decision to debar or suspend. The notice shall state the reasons for the action taken and the effective date of the debarment or suspension and shall inform the debarred or suspended person involved of the right to administrative review as provided in this division. Sec. 1-10-79. Finality of decision. A decision under this section is final and conclusive, unless fraudulent or any person adversely affected by the decision appeals administratively to the Administrative Services Committee in accordance with the appeals and remedies of Article 9 of this Chapter. Sec. 1-10-%RDUGRI&RPPLVVLRQHU¶VLQLWLDWHGGHEDUPHQW. The Board of Commissioners, by enactment of an appropriate resolution, may request that the Procurement Director initiate an investigation into whether a particular person should be debarred and/or suspended and, after consulting with the General Counsel, the Procurement Director is authorized to debar or suspend such person for cause from participation in any Augusta, Georgia procurements at any tier and consideration for award of contracts. ARTICLE 9 APPEALS, PROTESTS AND REMEDIES Attachment number 2 Page 85 of 110 Item # 18 Page 86 of 110 Version 6-8-2011 Sec. 1-10-81. Procurement protests. Authority to Resolve Protested Solicitations and Awards. (a) Right to Protest. Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the Procurement Director. (b) Authority to Resolve Protests. The Procurement Director and the Administrator shall have the authority, prior to a final decision by the Commission, to settle and resolve the protest of an aggrieved bidder, offeror, or contractor, actual or prospective, concerning the solicitation or award of a contract. (c) Decision of Procurement Director. If the protest is not resolved by mutual agreement, the Procurement Director shall issue a decision in writing regarding the protest as specified in Section 1-10-83. The decision shall: (1) state the reasons for the action taken; and (2) inform the protester of its right to administrative review as provided in this Article. (d) Notice of Decision. A copy of the decision shall be mailed or otherwise furnished to the protestor and any other interested party. (e) Finality of Decision. A decision under Subsection (d) of this Section shall be final and conclusive, unless any person adversely affected by the decision files a timely appeal in accordance with Section 1-10-84. (f) Stay of Procurements During Protests or Appeals. In the event of a timely protest under section 1-10-82 of this Article, the Procurement Director shall not proceed further with the solicitation or with the award of the contract unless the Administrator, after consultation with the head of the using agency and General Counsel, makes a written determination that the award of the contract without delay is necessary to protect substantial interests of Augusta, Georgia. Such a determination shall be provided to the protestor. 1-10-82. Filing of protest. Attachment number 2 Page 86 of 110 Item # 18 Page 87 of 110 Version 6-8-2011 (a) Protests shall be made in writing to the Procurement Director and shall be filed in within five (5) business days after the protestor knows or should have known of the facts giving rise thereto. A protest is considered filed when received by the Procurement Department. Protests filed after the five (5) day period shall not be considered and are deemed a failure on the part of the protestor to exhaust administrative remedies. (b) Subject of Protest. Protestors may file a protest on any phase of solicitation or award including but not limited to specifications preparation, bid solicitation, award, or disclosure of information marked confidential in the bid or offer. (c) To expedite handling of protests, the written protest shall include as a minimum the following: (1) the name and address of the protestor; (2) appropriate identification of the procurement, and, if a contract has been awarded, its number; (3) a statement of reasons for the protest; and (4) supporting exhibits, evidence, or documents to substantiate any claims unless not available within the filing time in which case the expected availability date shall be indicated. (d) Requested Information; Time for Filing. Any additional information requested by any of the parties should be submitted within the time periods established Procurement Director in order to expedite consideration of the protest. Failure of any party to comply expeditiously with a request for information by the Procurement Director may result in resolution of the protest without consideration of any information which is untimely filed pursuant to such request. (e) Making Information on Protests Available. The Procurement Director shall upon written request make available to any interested party information submitted that bears on the substance of the protest except where information is proprietary, confidential, or otherwise prohibited from disclosure or required to be withheld by law or regulation. Persons who wish to keep such information submitted by them confidential should so request by specifically identifying such information within documents submitted, and indicating on the front page of each document that it contains such information. Attachment number 2 Page 87 of 110 Item # 18 Page 88 of 110 Version 6-8-2011 Sec. 1-10-83. Decision by the Procurement Director Time for Decisions. A written decision on a protest shall be made by the Procurement Director within ten (10) business days after receiving all relevant, requested information. If a protest is sustained, the Procurement Director may determine that the solicitation or award violates the law; or may make a determination that the solicitation should be cancelled in order to comply with the applicable law. Sec. 1-10-84. Appeals. Appeal of a decision of the Procurement Director may be requested by the protestor or any department involved in the protest. The appeal shall contain a detailed statement of the factual and legal grounds upon which reversal or modification is deemed warranted. Sec. 1-10-85. Time for filing appeal. Appeals of a decision of the Procurement Director shall be filed in the Procurement Department not later than five (5) business days after receipt of such decision. Sec. 1-10-86. Request for hearing and effect of untimely appeal. A contractor or prospective contractor that has been notified of a denial of its protest action may request in writing an appeal to the Augusta, Georgia Commission. All appeals must be received by the Procurement Department within five (5) business days. Appeals filed after the five (5) day period shall not be considered and are deemed a failure on the part of the protestor to exhaust administrative remedies. Where no appeal (or an untimely appeal) is filed, the 3URFXUHPHQW'LUHFWRU¶VGHFLVLRQLVFRQVLGHUHGILQDOand the award shall proceed. Sec. 1-10-87. Notice of hearing. If a timely appeal is filed by the protestor, the Procurement Director shall place the protest on the agenda of the Administrative Services Committee. The Clerk of &RPPLVVLRQ¶V2IILFHVKDOOSURYLGHSXEOLFQRWLFHRIWKH$GPLQLVWUDWLYH6HUYLFHV Committee agenda as required by law. In addition, the protestor shall be sent written notice of the time and place of the hearing. Copies of such notice shall be sent to the Augusta, Georgia General Counsel and the Department Director of the appropriate user department. Attachment number 2 Page 88 of 110 Item # 18 Page 89 of 110 Version 6-8-2011 Sec. 1-10-88. Administrative Services Committee hearing procedure and effect of failure to appear at hearing. (a) Protests appearing on the Administrative Services Committee shall be treated as any other Committee agenda item, except that the Protestor, or his or her representative, shall have the right to address the Committee and to present evidence in support of the protest for a minimum of ten (10) minutes. The Procurement Director and user department shall also have the opportunity to present evidence relating to the protest for a minimum of ten (10) minutes. The Chairman of the Administrative Services Committee may grant additional time equally to each party at his or her discretion. (b) After considering the evidence presented, the Administrative Services Committee shall vote to grant or deny the protest or to send the item to the full Augusta, Georgia Commission without recommendation. Regardless of the decision made by the Committee, the protest shall be forwarded to the full Commission agenda. However, the Commission may, at its discretion, dispose of the agenda item via the Consent Agenda and the Protestor does not have the right to force the item to be moved from the Consent Agenda to the Regular Agenda. (c) Effect of Failure to Appear at Hearing. Failure on the part of the Protestor to appear before either the Administrative Services Committee or the full Augusta, Georgia Commission is considered an abandonment of their right to appeal and a failure on the part of the protestor to exhaust administrative remedies. The ProFXUHPHQW 'LUHFWRU¶V GHFLVLRQ LV considered final and the award shall proceed accordingly. However, the Chairman of the Administrative Services Committee or the Mayor may, at his or her discretion, grant the Protestor one continuance to the next regularly scheduled Committee or Commission Meeting. Such continuance may only be granted during the Committee or Commission meeting and shall be recorded on the minutes of such meeting. Sec. 1-10-89. Authority of Administrator to participate in procurement matters. The Augusta, Georgia Administrator has the authority to: (a) communicate with the protestor and other interested parties to try to settle any dispute, or narrow the issues for matters to be presented to the Committee or Commission; Attachment number 2 Page 89 of 110 Item # 18 Page 90 of 110 Version 6-8-2011 (b) consult with the Procurement Director, the User Department and the General Counsel regarding the need for a stay pursuant to Section 1-10-81(f); (c) participate in all aspects of the procurement process as necessary to support the best interests of Augusta, Georgia. Sec. 1-10- 90. Hearing procedures. (a) Hearings shall be as informal as may be reasonable and appropriate under the circumstances and in accordance with the applicable rules of the Administrative Services Committee and Commission. The Procurement Director shall provide the Administrative Services Committee and Commission with copies of the protest and the response of the Procurement Department. (b) Witnesses providing testimony at before the Administrative Services Committee or Commission shall testify under oath or affirmation. Sec. 1-10-91. Determination of Commission; final decision. 7KH&RPPLVVLRQ¶VGHFLVLRQUHJDUGLQJD3URWHVWLVWKHILQDOVWHSLQWKH$SSHDOV process for Augusta, Georgia. The parties shall have thirty (30) days to file a judicial appeal of any such decision. Such appeal shall be by writ of certiorari to the Superior Court of Richmond County. Sec. 1-10-92. Contract claims. Decision of Augusta, Georgia Administrator. All claims by a contractor or vendor against Augusta, Georgia relating to a contract shall be submitted in writing to the Augusta, Georgia Administrator. The contractor or vendor may request a conference on the claims. Claims include, without limitation, disputes arising under a contract, and those based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission. Sec. 1-10-93. Augusta, Georgia's right to amend bid solicitations or awards that are in violation of law. Applicability. This section applies where it is determined by administrative review that a solicitation or award of a contract is in violation of applicable law. For purposes of this section administrative review shall refer to a review by the Attachment number 2 Page 90 of 110 Item # 18 Page 91 of 110 Version 6-8-2011 Procurement Director and/or Augusta, Georgia Administrator in consultation with the General Counsel. (a) Prior to bid opening or closing date for receipt of proposals. If prior to the bid opening or the closing date for receipt of proposals, the Procurement Director, after consultation with the Augusta, Georgia Administrator, and the Augusta, Georgia General Counsel, determines that a solicitation is in violation of federal, state, or local law or ordinance, then the solicitation shall be canceled or revised to comply with applicable laws. (b) Prior to award. If after bid opening or the closing date for receipt of proposals, the Procurement Director, after consultation with the Administrator or his designee, and the General Counsel determine that a solicitation or proposed award is in violation of federal, state or municipal law, then the solicitation or proposed award shall be canceled. (c) After award. If, after an award, the Procurement Director, after consultation with the Administrator and the General Counsel, determines that a solicitation or award of a contract was in violation of applicable law, the following options shall be available to Augusta, Georgia: (1) The contract may be ratified and affirmed, provided it is determined that doing so is in the best interest of Augusta, Georgia and the person or company awarded the contract has not acted fraudulently or in bad faith; or (2) If services or work have not commenced under the contract, it may be terminated and declared null and void; or (3) If services or work have commenced under the contract, it may be terminated and the person awarded the contract shall be compensated for the actual expenses reasonably incurred for partially performing and in terminating its performance under the contract. ARTICLE 10 TYPES OF CONTRACTS Sec. 1-10-94. Authority to approve, sign and execute contracts by type. Attachment number 2 Page 91 of 110 Item # 18 Page 92 of 110 Version 6-8-2011 (a) Generally. The following section establishes five (5) types of purchases: (1) major purchases, (2) standard purchases, (3) small purchase, (4) using agency purchase, and (5) emergency purchases. Each type of purchase has its parameters involving: (1) value of purchase, (2) level of approval required within the organization for the purchase, (3) level of budget authorization given for the purchase, (4) level of authority required for the source selection process, and (5) person within the organization charged with the responsibility to sign the purchase contract document. (b) Major purchase contracts. Capital equipment, construction and all services purchase contracts with a value of one-hundred thousand dollars ($100,000) or more must have: (1) Specific project concept approval by the Commission; (2) Specific budget approval (listed in budget) or special funding authorization by the Commission; (3) Commission approval of the source selection method and award of contract; and (4) Contract to be signed by the Mayor. (c) Standard purchase contracts. Goods and services purchase contracts with a value less than one-hundred thousand dollars ($100,000) but more than ten thousand ($10,000) must have: (1) General project concept approval by the Commission and/or Augusta, Georgia Administrator; and (2) General budget approval by the Commission and specific budget approval of the Administrator, or special funding authorization by the Commission or the Administrator (if the transfer of funds is necessary and general project concept not approved previously by the Commission); and (3) Administrator approval of source selection method and award of Attachment number 2 Page 92 of 110 Item # 18 Page 93 of 110 Version 6-8-2011 contract; and (4) Contract to be signed by the Mayor. (d) Small purchase contracts. Small purchases equal to, or less than, ten thousand dollars ($10,000) but more than one-thousand dollars ($1,000) must have: (1) General project concept approval by the Commission and/or the Administrator; and (2) General budget approval by the Commission (e.g. could be specified within a larger account) and specific budget approval of using agency head as designee of the Administrator, or special funding authorization by the Administrator (when transfer of funds is necessary and general project concept not previously approved by the Commission or Administrator); and (3) Using agency head approval of source selection method and Administrator award of contract; and (4) Small purchase orders to be signed by the Procurement Director or designee. (e) Using agency purchase contracts. Using agency purchases (as defined elsewhere) of one-thousand dollars ($1,000) or less must have: (1) General budget approval by the Commission (e.g. could be specified within a larger account) and/or or special funding authorization by the Administrator; and (2) Using agency head approval of the source selection method and award of contract; and (3) Purchase order approved by the Procurement Director. (f) Emergency purchase contracts. Emergency purchases (as defined elsewhere) regardless of the amount of the purchase must have: (1) Specific project concept approval by the Commission or the Attachment number 2 Page 93 of 110 Item # 18 Page 94 of 110 Version 6-8-2011 Administrator; and (2) General budget approval by the Commission (e.g. could be unspecified within a larger account) and specific budget approval of the using agency head as the Administrator's designee; and (3) Using agency head approval of the source selection method and award of contract if during non-standard working hours, or by the Administrator during normal working hours; and (4) Contract/small purchase order to be signed by the Administrator, using agency head, or Mayor based on the value of the purchase. Sec. 1-10-95. Public works contracts. Augusta, Georgia is authorized to utilize any construction delivery method, provided that such method places the bidder or offeror at risk for construction; and requires labor or building materials in the execution of the contract shall be awarded on the basis of competitive sealed bidding or competitive sealed proposals. (a) Waiver of Technicalities. Augusta, Georgia shall have the authority to reject all bids or proposals or any bid or proposal that is non-responsive or not responsible and to waive technicalities and informalities. (b) Modifications or Addenda to Public Works Plans and Specifications. Augusta, Georgia shall not issue or cause to be issued any addenda modifying plans and specifications within a period of 72 hours prior to the advertised time for the opening bids or proposals, excluding Saturdays, Sundays, and legal holidays. However, if the necessity arises to issue an addendum modifying plans and specifications within the 72 hour period prior to the advertised time for the opening of bids or proposals, excluding Saturdays, Sundays, and legal holidays, then the opening of bids or proposals shall be extended at least 72 hours, excluding Saturdays, Sundays, and legal holidays, from the date of the original bid or proposal opening without need to readvertise as required by O.C.G.A. § 36-91-20(b)(1). (c) Change Orders. Augusta, Georgia bid and contract documents may contain provisions authorizing the issuance of change orders, without the necessity of additional requests for bids or proposals, within the scope of the project Attachment number 2 Page 94 of 110 Item # 18 Page 95 of 110 Version 6-8-2011 when appropriate or necessary in the performance of the contract. Change orders may not be used to evade the purposes open, fair and competitive public bidding on public works contracts. (d) Notice to Proceed. The Procurement Director shall, after consultation with the using agency, issue a Notice to Proceed to the contractor, stating the name of the project, the date upon which the project is to begin, the contact name and telephone number for the using agency and the contract term. (e) Registration and Participation of Contractors pursuant to the Georgia Security and Immigration Compliance Act and the Immigration Reform and Control Act of 1986. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program [any of the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. §13-10-91 and shall continue to use the federal authorization program throughout the contract term. ARTICLE 11 COOPERATIVE PROCUREMENT Sec. 1-10-96. Cooperative procurement agreement. Cooperative procurement may be agreed to between Augusta, Georgia and other public procurement units. Written agreements are encouraged so as to clearly document the requirements and any special conditions of purchase should a public solicitation be utilized. Sec. 1-10-97. Sale, acquisition, or use of supplies. Attachment number 2 Page 95 of 110 Item # 18 Page 96 of 110 Version 6-8-2011 Augusta, Georgia may sell surplus supplies at the direction of the Administrator. Augusta, Georgia may sell to, acquire from, or use any supplies belonging to another public procurement unit independent of the requirements of Article 6 (Procurement Source Selection Methods and Contract Awards). Sec. 1-10-98. Cooperative use of supplies or services. Augusta, Georgia may enter into an agreement with any public procurement unit for the cooperative use of supplies or services under the terms agreed upon between the parties. Sec. 1-10-99. Joint use of facilities. Augusta, Georgia may enter into agreements for the common or joint use or lease of warehousing facilities, capital equipment, and other facilities with any public procurement unit under the terms agreed upon between the parties. Sec. 1-10-100. Use of state contracts. Augusta, Georgia may procure supplies, services or construction items through contracts established by the Procurement Division of the State of Georgia where such contracts and contractors substantially meet the requirements of the AUGUSTA, GA. CODE. Sec. 1-10-101. Purchase of surplus and excess property. Augusta, Georgia may purchase surplus and excess personal and real property from the United States Government or any other public procurement unit upon verification of need, fund availability, and approval by the appropriate level of authority within Augusta, Georgia. Sec. 1-10-102. Waiver. Any use of cooperative procurement as described above is independent of the requirements for source selection and contract award as described in Article 6 of this chapter. ARTICLE 12 Attachment number 2 Page 96 of 110 Item # 18 Page 97 of 110 Version 6-8-2011 CONTRACT ADMINISTRATION AND MANAGEMENT Sec. 1-10-103. Purpose. A contract administration system, designed to insure that a contractor is performing in accordance with the solicitation under which the contract was awarded, shall be maintained by the Procurement Director with assistance from the using agency. Effective administration therefore includes the development of concise and competitive specifications, well developed terms and conditions of contract, and prompt, efficient day-to-day administration. Contract administration generally shall be the responsibility of the using agency requesting the commodity, general or construction service, except that certain specialized contracts may be administered by selected trade professionals, e.g., architects, engineers, construction managers, etc. Sec. 1-10-104. Augusta, Georgia contracts and contract clauses. (a) Use of model (standard) contracts and clauses. The Procurement Director, after consultation with the Augusta, Georgia Administrator, using agency head, and Augusta, Georgia General Counsel, may establish standard contract clauses for use in Augusta, Georgia contracts for various commodities, services and construction products. Such contracts shall include provisions necessary to clearly define the responsibilities and rights of the parties to the contract. (b) Provisions of Augusta, Georgia contracts. Whether designed as a model or standard contract provision or specifically tailored for a particular contract, all Augusta, Georgia contracts should include provisions for: (1) The unilateral right of Augusta, Georgia to order in writing a temporary stopping of the work, or delaying performance that does not alter the scope, of the contract; (2) Variations, occurring between estimated quantities of work in contract and actual quantities; (3) Defective pricing; (4) Liquidated damages; Attachment number 2 Page 97 of 110 Item # 18 Page 98 of 110 Version 6-8-2011 (5) Specified excuses for delay or non-performance; (6) Termination of the contract for default; (7) Termination of the contract in whole or in part for the convenience of Augusta, Georgia; (8) Payment procedures; (9) Hold harmless provisions; (10) Prohibition against contingent fees; (11) Suspension of work on a construction project ordered by Augusta, Georgia; (12) Site conditions differing from those indicated in the contract, or ordinarily encountered, except that a differing site conditions clause need not be included in a contract: (i) When the contract is negotiated, (ii) When the contractor provides the site or design, or (iii) When the parties have otherwise agreed with respect to the risk of differing site conditions, and (13) Insurance requirements. (14) Contractor's consent to venue in the Superior Court of Richmond County, Georgia; (15) Provision that the terms of the contract supersedes any and all provisions of the Georgia Prompt Pay Act. (16) An acknowledgement by all parties contracting with Augusta, Georgia as follows: Attachment number 2 Page 98 of 110 Item # 18 Page 99 of 110 Version 6-8-2011 Contractor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. (17) Use of Augusta, Georgia Landfill. All contracts for contractors performing demolition and/or construction projects for Augusta, Georgia shall contain a provision requiring that all debris, trash and rubble from the project be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The contractor shall provide evidence of proper disposal through manifests, which shall include the types of material disposed of, the name and location of the disposal facility, date of disposal and all related fees. (18) All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered Attachment number 2 Page 99 of 110 Item # 18 Page 100 of 110 Version 6-8-2011 with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99- 603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) HDFKVXEFRQWUDFWRU¶VE-Verify number as evidence of verification of compliance with O.C.G.A. § 13- 10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services. (19) All contracts shall provide that Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of a contractor or subcontractor or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. Sec. 1-10-105. Contract modification and price adjustments. (a) Modifications. Every modification to a contract with Augusta, Georgia (except those entered into pursuant to § 1-10-54) shall be subject to approval by the Commission prior to execution. A contract modification does not require Commission action if a contingency amount has been approved and the contract modification is within that amount and provided the Augusta, Georgia Administrator has been contractually or otherwise specifically designated by the Commission for such purpose. (b) In instances where the Procurement Director, the using agency head or Administrator, determine that the contract modification or change order Attachment number 2 Page 100 of 110 Item # 18 Page 101 of 110 Version 6-8-2011 cannot be delayed without substantial delay and cost to Augusta, Georgia and funds are available and the appropriate budget transfer is made, the Administrator may authorize the appropriate action. (b) Price adjustments. Adjustments in price in contracts shall be computed in one or more of the following ways: (1) By agreement on a fixed price adjustment before commencement of the pertinent performance or as soon thereafter as practicable; (2) By unit prices specified in the contract or subsequently agreed upon; (3) By the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon; and (4) In such other manner as the contracting parties may mutually agree upon. Sec. 1-10-106. Retainage. (a) Maximum amount to be withheld. In any contract or subcontract for construction which provides for progress payments in installments based upon an estimated percentage of completion with a percentage of the contract's proceeds to be retained by Augusta, Georgia pending completion of the contract or subcontract, the retained amount of each progress payment or installment shall be no more than ten (10) percent). The retainage may be reduced to five (5) percent after fifty (50) percent of the work is complete if Augusta, Georgia desires. (b) When used. Retainage may be applied to any construction contract, regardless of the dollar amount and its use shall be set forth in the invitation for bids or proposals. (c) Release of retainage. Funds held by Augusta, Georgia as retainage under the contract shall be released upon completion and acceptance of work except as described in the contract. (d) No interest on retainage. No interest shall be due to any contractor on any sum held as retainage pursuant to any construction contract. Attachment number 2 Page 101 of 110 Item # 18 Page 102 of 110 Version 6-8-2011 Sec. 1-10-107. Approval of accounting system. Except with respect to firm fixed-price contracts, no contract type shall be used unless it has been determined in writing by Augusta, Georgia that: (a) The proposed contractor's accounting system will permit timely development of all necessary cost data in the form required by the specific contract type completed; and (b) The proposed contractor's accounting system is adequate to allocate costs in accordance with generally accepted cost accounting principles. Sec. 1-10-108. Contractual provisions for auditing records. (a) Audit of costs or pricing data. All contracts shall provide that Augusta, Georgia may at reasonable times and places, audit the books and records of any contractor who has submitted cost or pricing data to the extent that such books, documents, papers, and records are pertinent to such cost or pricing data. Any person who received a contract, change order, or contract modification for which cost or pricing data is required, shall maintain such books, documents, papers, and records that are pertinent to such cost or pricing data for three (3) years from the date of final payment under the contract. (b) Contract audit. All contracts shall provide that Augusta, Georgia shall be entitled to audit the books and records of a contractor or subcontractor at any time under any negotiated contract or subcontract other than a firm fixed- price contract to the extent that such books, documents, papers, and records are pertinent to the performance of such contract or subcontract. Such books and records shall be maintained by the contractor for a period of three years from the date of final payment under the prime contract and by the subcontractor for a period of three years from the date of final payment under the subcontract. Attachment number 2 Page 102 of 110 Item # 18 Page 103 of 110 Version 6-8-2011 ARTICLE 13 DISADVANTAGED BUSINESS ENTERPRISES PROGRAM FOR DEPARTMENT OF TRANSPORTATION, FEDERAL TRANSPORTATION ADMINISTRATION, FEDERAL AVIATION ADMINISTRATION AND OTHER FEDERALLY ASSISTED CONTRACTS Sec. 1-10-109. Purpose. The purpose of this Disadvantaged Business Enterprises program is to comply with U.S. Department of Transportation (DOT), Federal Transit Administration (FTA), Federal Aviation Administration (FAA) and other federal and state mandated DBE requirements for certain DOT, FTA, FAA, and other federal and state assisted contracts as required by 49 C.F.R. Part 26, et. seq. and/or 49 C.F.R. Part 23, et. seq. Sec. 1-10-110. Definitions. (a) Generally. Those definitions set forth in Chapter 10 of the Code of Ordinances shall also apply to this Article, except as provided in this section. (b) Specifically. (1) Airport Concessionaire Disadvantaged Business Enterprises (ACDBEs) means a concession that is a for-profit small business concern that is at least fifty-one percent (51%) owned by one or more individuals who are both socially and economically disadvantaged or, in the case of a corporation, in which fifty-one percent (51%) of the stock is owned by one or more such individual; and whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. (2) Department of Transportation (DOT) means the U.S. Department of Transportation, including the Office of the Secretary, the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA) and the Federal Aviation Administration (FAA). (3) Disadvantaged Business Enterprise (DBE) means a for-profit small business concern that is at least fifty-one percent (51%) owned by one or more individuals who are both socially and economically Attachment number 2 Page 103 of 110 Item # 18 Page 104 of 110 Version 6-8-2011 disadvantaged, or in the case of a corporation, in which fifty-one percent (51%) of the stock is owned by one or more such individuals; and whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. (4) DOT assisted contract means any contract between a recipient and a contractor (at any tier) funded in whole or in part with DOT financial assistance, including letter of credit or loan guarantees, except a contract solely for the purchase of land. (5) Good faith efforts means efforts to achieve a DBE goal or other requirement which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement. Sec. 1-10-111 Limitations. This DBE program is only for DOT, FTA and FAA assisted contracts and other federal or state funded contracts having mandatory DBE requirements. Sec. 1-10-112. Policy statement. Augusta, Georgia is committed to ensuring that all DBE requirements of federal and state funded contracts will be implemented by Augusta, Georgia. The Equal Employment Director shall serve as the DBE Liaison Officer and is responsible for accomplishing the objectives of this program. The objectives of this DBE program are: (a) To ensure nondiscrimination in the award and administration of DOT, FTA, FAA and other contracts covered by this program, including highway, transit, and airport financial assistance programs; (b) To create a level playing field on which DBEs can compete fairly for DOT, FTA, FAA and other contracts covered by this program; (c) To ensure that the this DBE program is narrowly tailored in accordance with applicable law; (d) To ensure that only firms that fully meet this part's eligibility standards are permitted to participate as DBEs; Attachment number 2 Page 104 of 110 Item # 18 Page 105 of 110 Version 6-8-2011 (e) To help remove barriers to the participation of DBEs in DOT, FTA, FAA and other contracts covered by this program; (f) To assist in the development of firms that can compete successfully in the marketplace outside the DBE program; and (g) To provide appropriate flexibility to recipients of Federal financial assistance in establishing and providing opportunities for DBEs. Sec. 1-10-113. DBE liaison officer. The Chief Executive Officer concerning DBE Program matters for Augusta, Georgia shall be the Mayor of Augusta, Georgia. Augusta shall have a DBE Liaison Officer who shall have direct, independent access to the Mayor concerning DBE Program matters. The DBE Liaison Officer shall have the following duties and responsibilities: (a) Gathering and reporting statistical data and other information as required by DOT, FTA, FAA and other contracts covered by this program. (b) Reviewing third party contracts and purchase requisitions for compliance with this program. (c) Working with all departments to set overall annual goals or as required by federal law. (d) Ensuring that bid notices and requests for proposals are available to DBEs in a timely manner. (e) Identifying contracts and procurements so that DBE goals are included in solicitations covered by this DBE Program. (f) $QDO\]LQJ$XJXVWD*HRUJLD¶VSURJUHVVWRZDUGDWWDLQPHQWDQGLGHQWLI\LQJ ways to improve progress. (g) Participating in pre-bid meetings. (h) Advising the Commission on DBE matters and achievement. Attachment number 2 Page 105 of 110 Item # 18 Page 106 of 110 Version 6-8-2011 (i) Providing DBEs with information and assistance in preparing bids, obtaining bonding and insurance. (j) Planning and participating in DBE training seminars. (k) Certifying DBEs according to the criteria set by DOT and FTA and acting as liaison to the Uniform Certification Process in Georgia. (l) Providing outreach to DBEs and community organizations to advise them of opportunities. (m) 0DLQWDLQLQJ WKH '%( ELGGHU¶V OLVW IRUDOT, FTA and other contracts covered by this program as provided in § 1-10-121. (n) Ensuring that all aspects of this DBE Program are complied with by participants and using agencies. Sec. 1-10-114. DBE financial institutions. For projects containing federal or state mandated DBE requirements, Augusta, Georgia must thoroughly investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in Augusta, Georgia and must make reasonable efforts to use these institutions and encourage prime contractors to use these institutions. Sec. 1-10-115. Prompt payment mechanisms. (a) For projects containing federal or state mandated DBE requirements, Augusta, Georgia will include a contract clause requiring prime contractors to pay subcontractors for satisfactory performance for their contracts no later than thirty (30) days from receipt of each payment made by Augusta, Georgia to the prime contractor. (b) Augusta, Georgia will ensure prompt and full payment of retainage from the prime contractor to the subcontractor within thirty (30) days after the VXEFRQWUDFWRU¶VZRUNLVVDWLVIDFWRULO\FRPSOHWHGE\XVLQJRQHRUPRUHRIWKH following methods: (1) Declining to hold retainage from prime contractors and prohibiting prime contractors from holding retainage from subcontractors. Attachment number 2 Page 106 of 110 Item # 18 Page 107 of 110 Version 6-8-2011 (2) Declining to hold retainage from prime contractors and requiring a contract clause obligating prime contractors to make prompt and full payment of any retainage kept by prime contractor to the subcontractor within thirty (30) days after the subcontractor's work is satisfactorily completed. (3) Holding retainage from prime contractors and providing for prompt and regular incremental acceptances of portions of the prime contract, pay retainage to prime contractors based on these acceptances, and require a contract clause obligating the prime contractor to pay all retainage owed to the subcontractor for satisfactory completion of the accepted work within thirty (30) days after Augusta, Georgia¶V payment to the prime contractor. (4) Requiring a contract clause that requires prime contractors to include in their subcontracts language providing that prime contractors and subcontractors will use appropriate alternative dispute resolution mechanisms to resolve payment disputes. (5) Requiring a contract clause providing that the prime contractor will not be reimbursed for work performed by subcontractors unless and until the prime contractor ensures that the subcontractors are promptly paid for the work they have performed. (c) Augusta, Georgia shall have the power and authority to enforce all of the provisions of this subsection and may implement suspension and debarment for non-compliance as provided in Article 8. Sec. 1-10-116. Wage requirements for federally funded projects. Wage requirements. When a project has federal funds, the prevailing wages paid shall correspond as nearly as practicable to those prescribed in the Federal Davis Bacon Act when required. The wage scale shall be posted by the contractor in a prominent and easily accessible place at the site of work in accordance with Federal Government requirements. Sec. 1-10-117'%(ELGGHU¶VOLVWIRUfederally assisted contracts. (a) The DBE Liaison will maintain a bidder¶s list, consisting of information about all DBE and non-DBE firms that bid or quote on federally assisted contracts. 7KHSXUSRVHRIWKLVUHTXLUHPHQWLVWRDOORZXVHRIWKHELGGHU¶VOLVW Attachment number 2 Page 107 of 110 Item # 18 Page 108 of 110 Version 6-8-2011 approach to calculating overall goals. The bidder¶V list will include the name, address, DBE/non-DBE status, age, and annual gross receipts of firms and the types of work each firm has been certified to perform as a DBE. The DBE Liaison VKDOOUHYLVHWKHELGGHU¶VOLVWDWOHDVWDQQXDOO\DQGPDNHXSGDWHG information available to contractors and the public. (b) The DBE Liaison Officer may collect this information in the following ways: (1) Including a contract clause in all DOT and FTA assisted contracts requiring prime bidders to report the name, address, DBE/non-DBE status and gross receipts of all firms who quote to them on subcontracts. (2) Submitting surveys of a statistically sound sample of firms in the Augusta, Georgia regional area. (3) Including a notice in solicitations and on the Augusta, Georgia website requesting that firms quoting on subcontracts submit their name, address, DBE/non-DBE status and gross receipts directly to the DBE Liaison Officer. Sec. 1-10-118. Overconcentration of DBE firms in certain types of work. (a) The DBE Liaison Officer shall annually review the availability of DBE and non-DBE firms in the different types of work which Augusta, Georgia utilizes and make a preliminary determination as to whether DBE firms may be so overconcentrated in a certain type of work as to unduly burden the opportunity of non±DBE firms to participate in one or more types of work. Any preliminary determination by the DBE Liaison Officer shall be submitted to the concerned DOT or FTA operating administration for a final determination of overconcentration. (b) Subject to approval required in subsection (c) below, when an overconcentration of DBE firms in a certain type of work is determined to exist, the DBE Liaison Officer may provide: technical assistance, business development programs, mentor-protégé programs, and other appropriate measures designed to assist DBEs in performing work outside of the specific field in which there is an overconcentration of DBE firms. (c) Before implementing any of the measures provided in subsection (b) above, Attachment number 2 Page 108 of 110 Item # 18 Page 109 of 110 Version 6-8-2011 the DBE Liaison Officer shall obtain the approval of the concerned DOT or FTA operating administration. Sec. 1-10-119. Compliance with DBE Program requirements. (a) All prime contractors and subcontractors choosing to participate in a project subject to this DBE Program must comply with all parts of this program as well as all federal, state and local law applicable to such projects. (b) The DBE Liaison Officer shall, for every project subject to this DBE Program, keep and maintain a running tally of actual DBE attainments (e.g., payments actually made to DBE firms), including a means of comparing these attainments to commitments. In reports of DBE participation to the Department, the DBE Liaison Officer shall display both commitments and attainments. (c) Augusta, Georgia shall not exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any solicitation, bid or contract on the basis of race, color, sex, or national origin. (d) The DBE Liaison Officer is responsible for submitting DOT form 4630 to the FTA and FHWA on a quarterly basis and to the FAA as required by 49 C.F.R. Part 26 or 49 C.F.R. Part 23. Sec. 1-10-120. DBE Program overall goals. (a) The DBE Liaison Officer shall establish an annual overall goal for this program in accordance with 49 C.F.R. Part 26 and shall annually submit such goal to FHWA, FTA or FAA as appropriate. Neither quotas nor set- asides for DBEs are permitted in this program. Augusta, Georgia may only use the means authorized by 49 C.F.R. Part 26.51 to meet overall goals. (b) For ACDBE projects the DBE Liaison Officer shall establish goals in compliance with 49 C.F.R. Part 23.21, et. seq. Sec. 1-10-121. Severability. Should any section, paragraph, subdivision, clause, phrase, or provision of this chapter be adjudged invalid or held unconstitutional by a court of competent Attachment number 2 Page 109 of 110 Item # 18 Page 110 of 110 Version 6-8-2011 jurisdiction, such declaration shall not affect the validity of this chapter as a whole or any part or provisions thereof, other than the part so decided to be invalid or unconstitutional. Sec. 1-10-122 through Sec. 1-10-999. Reserved. Attachment number 2 Page 110 of 110 Item # 18 CommissionMeetingAgenda 6/21/20115:00PM AugustaLawDepartment Department: Caption:DiscussavoteofnoconfidenceintheGeneralCoun selofthe AugustaLawDepartment.(RequestedbyCommissionerBill Lockett) Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Cover Memo Item # 19 CommissionMeetingAgenda 6/21/20115:00PM MotiontoDenyBidProtestregardingRFQ#10-173f romJohnsonLaschoberandAssociates Department:ProcurementDepartment Caption:Motionto denybidprotestofJohnsonLaschoberandAssociatesin referencetoRFQ10-173ProfessionalDesignService sfor MunicipalBuilding.(NorecommendationfromAdministrative ServicesCommitteeJune13,2011) Background:OnApril17,2011theProcurementDepartmentreceiv edabid protestfromJohnsonLaschoberandAssociates(JLA)towhicha responsewassentonApril29,2011.JLAresponded onMay2, 2011byrequestingareviewbytheAdministrator.Suchreview wasconductedandresultsweresenttoJLAonMay2 3,2011.JLA respondedonMay25,2011requestinganappealtoth e Commission.Seeattacheddocuments. Analysis:Seeattached. FinancialImpact:N/A. Alternatives:Re-bidthisRFQ. Recommendation:Denybidprotest. FundsareAvailable intheFollowing Accounts: N/A. REVIEWEDANDAPPROVEDBY : Finance. Law. Administrator. ClerkofCommission Cover Memo Item # 20 Attachment number 1 Page 1 of 10 Item # 20 Attachment number 1 Page 2 of 10 Item # 20 Attachment number 1 Page 3 of 10 Item # 20 Attachment number 1 Page 4 of 10 Item # 20 Attachment number 1 Page 5 of 10 Item # 20 Attachment number 1 Page 6 of 10 Item # 20 Attachment number 1 Page 7 of 10 Item # 20 Attachment number 1 Page 8 of 10 Item # 20 Attachment number 1 Page 9 of 10 Item # 20 Attachment number 1 Page 10 of 10 Item # 20 Attachment number 2 Page 1 of 2 Item # 20 Attachment number 2 Page 2 of 2 Item # 20 Attachment number 3 Page 1 of 1 Item # 20 Attachment number 4 Page 1 of 2 Item # 20 Attachment number 4 Page 2 of 2 Item # 20 CommissionMeetingAgenda 6/21/20115:00PM PersonnelPolicyProcedureHandbook Department: Caption:Motionto amendtheactiontakenbytheCommissionon February1,2011relativetothePersonnel,Policy andProcedure Handbookbydeletingtheword "exclusive".(Requestedby MayorProTemJoeBowlesandCommissionerWayne Guilfoyle) Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Cover Memo Item # 21 Attachment number 1 Page 1 of 2 Item # 21 Attachment number 1 Page 2 of 2 Item # 21 CommissionMeetingAgenda 6/21/20115:00PM WaltonRehabilitationHospital Department: Caption:Motionto approve updatedCertificationofConsistencywiththe ConsolidatedPlanonbehalfofWaltonRehabilitatio nHospitalto build12unitsofaffordablehousingforindividual s withdisabilitiesintheDover/LymanRoadarea.(Requestedby MayorDekeCopenhaver) Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Cover Memo Item # 22 Attachment number 1 Page 1 of 3 Item # 22 Attachment number 1 Page 2 of 3 Item # 22 Attachment number 1 Page 3 of 3 Item # 22 CommissionMeetingAgenda 6/21/20115:00PM ApproveInternetServiceProvider(ISP)Infrastruct ureUpgradesandCentrexContractExtension. Department:InformationTechnology Caption:Motionto award AT&Tatwoyearcontractextensionforcity Centrexservicesandapproveanincreaseinthecur rentAT&T internetservicespeedfrom20MBto50MB.(Approvedby PublicSafetyCommitteeJune13,2011) Background:AT&TisthecurrentproviderofCentrexservicesfo rthecityand atthistimethereisnotanothertelecomservices providerthatcan meetthesupportandservicerequirementsinthisa rea.AT&Thas beenprovidingtheseservicessince2003.Thecurre nt20MB internetservicecontractisbecominginsufficient duetoincreased useofinternetapplications.Increasingourspeed to50MBwill meetcurrentdemandsandprovideabufferforfutur ebandwidth requirements. Analysis:Duetocompetitiveofferings,InformationTechnolog y(IT)was abletoattaintheincreaseinspeedwhilereducing thecostper month.TheITdepartmenthasoperatingfundstopay forthe internetspeedincreasefromAT&T. FinancialImpact:FundsareavailableintheInformationTechnology’s Operating budget. Alternatives:Nonethatmeetsthecity’srequirementsatthistim e. Recommendation:ApproveInfrastructureUpgradesandCentrexContrac tExtension. FundsareAvailable intheFollowing Accounts: 101015410/5232110 REVIEWEDANDAPPROVEDBY : Cover Memo Item # 23 Finance. Law. Administrator. ClerkofCommission Cover Memo Item # 23 AT&T MA Reference No. ______________ CSM110405145355 AT&T and Customer Confidential Information Page 1 of 12 eCRM ID 1-EC224J 1104 MP6679 EAMIS IGLOO 040511 MP ps_mis_all_no_security_svcs_20060528_gcsm.rtf v.03/07/11 AT&T Managed Internet Service Pricing Schedule Customer AT&T AT&T Sales Contact Primary Contact Augusta Georgia, City of 530 Greene St., Augusta, GA 30901 USA AT&T Corp. DEBRA A RUSSELL 3626 WALTON WAY EXT AUGUSTA, GA 30909 Telephone: 7068210135 Fax: 7068210130 Email: dr0391@us.att.com Branch Manager: Scott Davis Sales Strata: ABS Sales Sales Region: Southeastern Customer Contact (for notices) AT&T Contact (for notices) AT&T Solution Provider or Representative Information (if applicable) Name: Kevin Luce Title: 530 Greene St. Augusta , GA 30901 United States Telephone: 7068212300 Fax: Email: Luce@augustaga.gov Customer Account Number or Master Account Number: 3626 WALTON WAY EXT AUGUSTA, GA 30909 With a copy to: AT&T Corp. One AT&T Way Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast@att.com Name: Company Name: Telephone: Fax: Email: Agent Code: This Pricing Schedule is part of the Agreement between AT&T and Customer referenced above. The promotional pricing in this Pricing Schedule applies only to the MIS Service(s) ordered at the following Site and shall not apply to any subsequent orders for additional MIS Service(s) to any other Customer locations. Additional orders for Service(s) to additional Customer locations will require AT&T and Customer to sign a new Pricing Schedule for MIS Service. Site Address 530 Greene St., Augusta, GA Customer (by its authorized representative) AT&T (by its authorized representative) By: By: Name: Name: Title: Title: Date: Date: Attachment number 1 Page 1 of 12 Item # 23 AT&T MA Reference No. ______________ CSM110405145355 AT&T and Customer Confidential Information Page 2 of 12 eCRM ID 1-EC224J 1104 MP6679 EAMIS IGLOO 040511 MP ps_mis_all_no_security_svcs_20060528_gcsm.rtf v.03/07/11 1. SERVICES • AT&T Managed Internet Service • AT&T Private Network Transport (PNT) Service is an option of MIS and can be ordered as an MPLS PNT feature under Tables 30 and 31. • AT&T’s Acceptable Use Policy is located at http://www.att.com/aup or such other AT&T-designated location. Service Service Publication Location AT&T MIS Service http://new.serviceguide.att.com/portal s/sgportal.portal?_nfpb=true&_pageL abel=mis_page AT&T Bandwidth Services http://new.serviceguide.att.com/index .jsp?sg=bws The rate and the discount for each channel ordered under this Pricing Schedule shall be stabilized as of the date of order for the remaining Term of the Pricing Schedule. 2. PRICING SCHEDULE TERM AND EFFECTIVE DATES Pricing Schedule Term Term Start Date 36 Months Effective Date of this Pricing Schedule Effective Date of Rates and Discounts Effective Date of this Pricing Schedule 3. MINIMUM PAYMENT PERIOD Portion of Monthly Service Fees Applicable to Minimum Payment Period Service Components Minimum Payment Period 50% All Service Components Until end of Pricing Schedule Term, but not less than 12 months per component Attachment number 1 Page 2 of 12 Item # 23 AT&T Managed Internet Service – Pricing Schedule AT&T MA Reference No. ______________ CSM110405145355 AT&T and Customer Confidential Information Page 3 of 12 eCRM ID 1-EC224J 1104 MP6679 EAMIS IGLOO 040511 MP ps_mis_all_no_security_svcs_20060528_gcsm.rtf v.03/07/11 4. RATES (US Mainland, HI and Alaska† only) † Service in Alaska requires a separate AT&T Addendum for Service in Alaska. The rates stated in this Pricing Schedule apply to Service locations and/or Service Components in Alaska only in the event that a Service Component and/or Service location is not listed in the Addendum for Service in Alaska. In the event of the conflict between this Pricing Schedule and the Addendum for Service in Alaska, the Addendum for Service in Alaska controls. NOTE 1: MIS w/ Managed Router Option 2 available only as described in the Service Guide. NOTE 2: If Customer orders the MPLS PNT feature under Section I, Tables 30 and 31 as part of the MIS service, Customer will be billed for PNT transport and uplifts and all applicable taxes will be stated on the Customer’s invoice. NOTE 3: The charges for the Class of Service (CoS) feature set forth in Section I, Table 25 through 27 are waived for Sites at which Customer also maintains AT&T Business Voice over IP (VoIP) Service. (*) = not available with MPLS PNT ICB = available only on an Individual Case Basis. N/A = Not Available Section I: AT&T Managed Internet Service Access Bandwidth - Table 1: Tiered T-1, NxT-1, E-1 And Frame - Flat Rate Billing Option Access Method Speed MIS Monthly Service Fee List Price MIS w/ Manage d Router Monthly Service Fee List Price MIS w/ Manage d Router Option 2 Monthly Service Fee List Price Discount N/A 56/64 Kbps $190 $260 N/A N/A T-1 128 Kbps $225 $295 $285 N/A T-1 256 Kbps $280 $350 $340 N/A T-1 384 Kbps $335 $405 $395 N/A T-1 512 Kbps $390 $460 $450 N/A T-1 768 Kbps $410 $480 $470 N/A T-1 – Frame* 1024 Kbps $425 $495 $485 N/A T-1 T-1 $470 $540 $530 N/A E-1* E-1 $470 $540 N/A N/A 2xT-1 3 Mbps $850 $1,145 N/A N/A 3xT-1 4.5 Mbps $1,100 $1,395 N/A N/A 4xT-1 6 Mbps $1,250 $1,545 N/A N/A 5xT-1 7.5 Mbps $1,480 $2,360 N/A N/A 6xT-1 9 Mbps $1,715 $2,595 N/A N/A 7xT-1 10.5 Mbps $1,915 $2,795 N/A N/A 8xT-1 12 Mbps $2,190 $3,070 N/A N/A v.2.3.06 Attachment number 1 Page 3 of 12 Item # 23 AT&T Managed Internet Service – Pricing Schedule AT&T MA Reference No. ______________ CSM110405145355 AT&T and Customer Confidential Information Page 4 of 12 eCRM ID 1-EC224J 1104 MP6679 EAMIS IGLOO 040511 MP ps_mis_all_no_security_svcs_20060528_gcsm.rtf v.03/07/11 Table 2: – MIS N x 10 Gig Ethernet - Flat Rate Billing Option Speed MIS Monthly Service Fee List Price Discount 2x -10.0 Gbps $1,500,000 N/A 3x -10.0 Gbps $2,220,000 N/A 4x -10.0 Gbps $2,920,000 N/A v.6.1.09 Table 3: Burstable T-1 Discount: : N/A Sustained Usage Undiscounted MIS Monthly Service Fee Undiscounted MIS w/Managed Router Monthly Service Fee Undiscounted MIS w/Managed Router Option 2 Monthly Service Fee up to 128kbps $270 $340 $330 128.01 - 256 Kbps $340 $410 $400 256.01 - 384 Kbps $405 $475 $465 384.01 - 512 Kbps $470 $540 $530 512.01 Kbps - 1.544 Mbps $565 $635 $625 v.2.3.06 Table 4: DNS Services Option Monthly Service Fee Additional Primary DNS (available in increments of up to 15 zones with a maximum of 150 Kilobytes of zone file data) $100 per DNS increment Additional Secondary DNS (available in increments of up to 15 zones with a maximum of 150 Kilobytes of zone file data) $100 per DNS increment v.07.01.04 Table 5: ATM And Tiered T-3 Discount: N/A Access Method Speed MIS Monthly Service Fee List Price MIS w/Managed Router Monthly Service Fee List Price MIS w/Managed Router Option 2 Monthly Service Fee List Price ATM* 2 Mbps $590 $885 $840 ATM* 3 Mbps $850 $1,145 $1,100 ATM* 4 Mbps $1,075 $1,370 $1,325 ATM* 5 Mbps $1,125 $1,420 $1,375 ATM* 6 Mbps $1,250 $1,545 $1,500 ATM* 7 Mbps $1,415 $2,295 $2,000 ATM* 8 Mbps $1,565 $2,445 $2,150 ATM* 9 Mbps $1,715 $2,595 $2,300 ATM*/T-3 10 Mbps $1,840 $2,720 $2,425 ATM*/T-3 15 Mbps $2,465 $3,345 $3,050 ATM*/T-3 20 Mbps $3,090 $3,970 $3,675 ATM*/T-3 25 Mbps $3,725 $4,605 $4,310 ATM*/T-3 30 Mbps $4,350 $5,230 $4,935 ATM*/T-3 35 Mbps $4,990 $5,870 $5,575 ATM*/T-3 40 Mbps $5,615 $6,495 $6,200 T-3 45 Mbps $6,250 $7,130 $6,835 v.2.3.06 Attachment number 1 Page 4 of 12 Item # 23 AT&T Managed Internet Service – Pricing Schedule AT&T MA Reference No. ______________ CSM110405145355 AT&T and Customer Confidential Information Page 5 of 12 eCRM ID 1-EC224J 1104 MP6679 EAMIS IGLOO 040511 MP ps_mis_all_no_security_svcs_20060528_gcsm.rtf v.03/07/11 Table 6: Burstable T-3 Discount: N/A Sustained Usage Undiscounted MIS Monthly Service Fee Undiscounted MIS w/Managed Router Monthly Service Fee Undiscounted MIS w/Managed Router Option 2 Monthly Service Fee up to 6.0 Mbps $1,515 $1,810 $1,765 6.01 - 7.5 Mbps $1,790 $2,670 $2,375 7.51 - 9.0 Mbps $2,065 $2,945 $2,650 9.01 - 10.5 Mbps $2,290 $3,170 $2,875 10.51 - 12.0 Mbps $2,515 $3,395 $3,100 12.01 - 13.5 Mbps $2,740 $3,620 $3,325 13.51 - 15.0 Mbps $2,965 $3,845 $3,550 15.01 - 16.5 Mbps $3,150 $4,030 $3,735 16.51 - 18.0 Mbps $3,340 $4,220 $3,925 18.01 - 19.5 Mbps $3,525 $4,405 $4,110 19.51 - 21.0 Mbps $3,715 $4,595 $4,300 21.01 - 45.0 Mbps $7,515 $8,395 $8,100 v.2.3.06 Table 7: Flexible Bandwidth Billing Option - Burstable T-3 Discount applied to MIS, MIS w/Managed Router, & MIS w/Managed Router Option 2: N/A Incremental Usage Fee Discount: N/A Tiered Bandwidth Minimum Commitment MIS Undiscou nted Monthly Fee MIS w/ Managed Router Undiscou nted Monthly Fee MIS w/ Managed Router Option 2 Undiscount ed Monthly Fee Undisco unted Increme ntal Usage Fee Per Mbps 2 Mbps $590 $885 $840 $355 3 Mbps $850 $1,145 $1,100 $340 4 Mbps $1,075 $1,370 $1,325 $325 5 Mbps $1,125 $1,420 $1,375 $270 6 Mbps $1,250 $1,545 $1,500 $250 7 Mbps $1,415 $2,295 $2,000 $245 8 Mbps $1,565 $2,445 $2,150 $235 9 Mbps $1,715 $2,595 $2,300 $230 10 Mbps $1,840 $2,720 $2,425 $225 15 Mbps $2,465 $3,345 $3,050 $200 20 Mbps $3,090 $3,970 $3,675 $190 25 Mbps $3,725 $4,605 $4,310 $180 30 Mbps $4,350 $5,230 $4,935 $175 35 Mbps $4,990 $5,870 $5,575 $175 40 Mbps $5,615 $6,495 $6,200 $170 45 Mbps $6,250 $7,130 $6,835 N/A v.2.3.06 Table 8: MIS Access Redundancy Option (MARO) - Burstable T-1 with Shadow Billing Option Discount: N/A Sustained Usage MIS w/Managed Router Undiscounted Monthly Service Fee MIS w/Managed Router Option 2 Undiscounted Monthly Service Fee Up to 56 Kbps For MARO Redundant Link Service Only (Shadow Billing) $170 $160 up to 128kbps $340 $330 128.01 - 256 Kbps $410 $400 256.01 - 384 Kbps $475 $465 384.01 - 512 Kbps $540 $530 512.01 Kbps - 1.544 Mbps $635 $625 v.2.20.06 Table 9: MARO Burstable T-3 with Shadow Billing Option Discount: N/A Sustained Usage MIS w/Managed Router Monthly Service Fee MIS w/Managed Router Option 2 Monthly Service Fee Up to 56 Kbps For MARO Redundant Link Service Only (Shadow Billing) $800 $790 up to 6.0 Mbps $1,810 $1,765 6.01 – 7.5 Mbps $2,670 $2,375 7.51 – 9.0 Mbps $2,945 $2,650 9.01 – 10.5 Mbps $3,170 $2,875 10.51 - 12.0 Mbps $3,395 $3,100 12.01 - 13.5 Mbps $3,620 $3,325 13.51 - 15.0 Mbps $3,845 $3,550 15.01 - 16.5 Mbps $4,030 $3,735 16.51 - 18.0 Mbps $4,220 $3,925 18.01 - 19.5 Mbps $4,405 $4,110 19.51 - 21.0 Mbps $4,595 $4,300 21.01 - 45.0 Mbps $8,395 $8,100 v.10.31.05 Attachment number 1 Page 5 of 12 Item # 23 AT&T Managed Internet Service – Pricing Schedule AT&T MA Reference No. ______________ CSM110405145355 AT&T and Customer Confidential Information Page 6 of 12 eCRM ID 1-EC224J 1104 MP6679 EAMIS IGLOO 040511 MP ps_mis_all_no_security_svcs_20060528_gcsm.rtf v.03/07/11 Table 10: MARO Features - Monthly Service Fees Option Monthly Service Fee List Price Service Component Discount Alternate Backbone Node Option - additional charges via Private Line, per Service Component T-1: $500 N/A NxT1: $500 per T-1 T3: $5,000 OC-3 $12,000 CPE Redundant Configuration Option - Per Service Component T-1: $120 N/A NxT-1: $350 T3: $540 OC-3: $2,435 Backbone Node Redundancy Option - additional charges via Private Line, per Redundant Link $500 per T-1 Redundant Link N/A $5,000 per T-3 Redundant Link $12,000 per OC-3 Redundant Link Outbound Load Balancers (2) (Dual Managed Customer Routers) T1 & NXT1:$350 T3 & OC3: $875 N/A v.2.3.06 Table 11: MIS and MARO Features - Installation Fees (ICB Only) Discount: 0.0 % Option Undiscounted Installation Fee List Price MIS, MIS w/Managed Router, & MIS w/ Managed Router Option 2 MARO - Outbound Load Balancers (2) (Dual Managed Customer Routers) $1000 v.2.6.06 Table 12: MIS Tele – Installation Discount: 100.0 % MIS Speed Undiscounted MIS Undiscounted MIS w/ Managed Router Undiscounted MIS w/ Managed Router Option 2 56 Kbps $1,000 $1,000 $1,000 128 Kbps - 1.5 Mbps $1,000 $1,000 $1,000 NxT-1 $2,500 $2,500 $2,500 Tiered/Full T-3 $5,000 N/A N/A Tiered OC- 3, OC-12, OC- 48 $10,000 N/A N/A Ethernet $1,500 $1,500* N/A 10 Gig Ethernet $10,000 $10,000** $10,000** *Available for MIS speeds of 100 Mbps and below and with electrical interfaces only. ** Subject to availability v.10.01.08 Table 13: On-Site Installation Discount: 0.0 % MIS Speed Undiscounted MIS w/ Managed Router Only Undiscounted MIS w/ Managed Router Option 2 Only 56 Kbps $999 $999 128 Kbps - 1.5 Mbps $999 $999 NxT-1 $999 $999 Tiered/Full T-3 $1,000 $1,000 Tiered OC-3, OC-12, OC-48 $10,000 $10,000 Ethernet $1,500 N/A v.11.08.08 Attachment number 1 Page 6 of 12 Item # 23 AT&T Managed Internet Service – Pricing Schedule AT&T MA Reference No. ______________ CSM110405145355 AT&T and Customer Confidential Information Page 7 of 12 eCRM ID 1-EC224J 1104 MP6679 EAMIS IGLOO 040511 MP ps_mis_all_no_security_svcs_20060528_gcsm.rtf v.03/07/11 Table 14: ATM and Tiered OC-3 (ICB Only)* Discount: N/A Speed Undiscounted MIS Monthly Service Fee Undiscounted MIS w/Managed Router Monthly Service Fee Undiscounted MIS w/Managed Router Option 2 Monthly Service Fee 2 Mbps $590 $885 $840 3 Mbps $850 $1,145 $1,100 4 Mbps $1,075 $1,370 $1,325 5 Mbps $1,125 $1,420 $1,375 6 Mbps $1,250 $1,545 $1,500 7 Mbps $1,415 $2,295 $2,000 8 Mbps $1,565 $2,445 $2,150 9 Mbps $1,715 $2,595 $2,300 10 Mbps $1,840 $2,720 $2,425 15 Mbps $2,465 $3,345 $3,050 20 Mbps $3,090 $3,970 $3,675 25 Mbps $3,725 $4,605 $4,310 30 Mbps $4,350 $5,230 $4,935 35 Mbps $4,990 $5,870 $5,575 40 Mbps $5,615 $6,495 $6,200 60 Mbps $7,825 $9,005 $8,450 155 Mbps (not available with ATM) $17,800 $18,980 $18,425 v.2.3.06 Table 15: Burstable OC-3 (ICB Only) Discount: N/A Sustained Usage Undiscoun ted MIS Monthly Service Fee Undiscounted MIS w/Managed Router Monthly Service Fee Undiscounted MIS w/Managed Router Option 2 Monthly Service Fee Up to 35.0 Mbps $5,990 $6,870 $6,575 35.01 to 45.0 Mbps $7,515 $8,395 $8,100 45.01 to 55.0 Mbps $8,765 $9,945 $9,390 55.01 to 65.0 Mbps $10,025 $11,205 $10,650 65.01 to 75.0 Mbps $11,290 $12,470 $11,915 75.01 to 85.0 Mbps $12,550 $13,730 $13,175 85.01 to 100.0 Mbps $14,440 $15,620 $15,065 100.01 to 125.0 Mbps $17,590 $18,770 $18,215 125.01 to 155.0 Mbps $21,365 $22,545 $21,990 v.2.3.06 Table 16: Flexible Bandwidth Billing Option - Burstable OC-3 (ICB Only) Discount applied to MIS, MIS w/Managed Router, & MIS w/ Managed Router Option 2: N/A Incremental Usage Fee Discount: N/A Tiered Bandwidth Minimum Commitme nt Undiscou nted MIS Monthly Fee Undiscoun ted MIS with Managed Router Monthly Fee Undiscou nted MIS with Managed Router Option 2 Monthly Fee Undiscounte dIncremental Usage Fee Per Mbps 35 Mbps $4,990 $5,870 $5,575 $175 40 Mbps $5,615 $6,495 $6,200 $170 45 Mbps $6,250 $7,130 $6,835 $170 60 Mbps $7,825 $9,005 $8,450 $160 70 Mbps $8,875 $10,055 $9,500 $155 80 Mbps $9,925 $11,105 $10,550 $150 90 Mbps $10,975 $12,155 $11,600 $150 100 Mbps $12,025 $13,205 $12,650 $145 120 Mbps $14,125 $15,305 $14,750 $145 144 Mbps $16,225 $17,405 $16,850 $140 155 Mbps $17,800 $18,980 $18,425 N/A v.2.3.06 Table 17: Tiered OC-12 (ICB Only) Discount: N/A Speed Undiscounted MIS Monthly Service Fee Undiscounted MIS w/Managed Router Monthly Service Fee 622 Mbps $50,700 $52,505 v.2.3.06 Table 18: Burstable OC-12 (ICB Only) Discount: N/A Speed Undiscounted MIS Monthly Service Fee Undiscounted MIS w/Managed Router Monthly Service Fee Up to 75.0 Mbps $11,290 $12,470 75.01 to 150.0 Mbps $18,750 $19,930 150.01 to 225.0 Mbps $26,215 $27,395 225.01 to 300.0 Mbps $33,665 $35,470 300.01 to 375.0 Mbps $40,040 $41,845 375.01 to 450.0 Mbps $46,415 $48,220 450.01 to 525.0 Mbps $52,715 $54,520 525.01 to 622.0 Mbps $60,850 $62,655 v.2.3.06 Attachment number 1 Page 7 of 12 Item # 23 AT&T Managed Internet Service – Pricing Schedule AT&T MA Reference No. ______________ CSM110405145355 AT&T and Customer Confidential Information Page 8 of 12 eCRM ID 1-EC224J 1104 MP6679 EAMIS IGLOO 040511 MP ps_mis_all_no_security_svcs_20060528_gcsm.rtf v.03/07/11 Table 19: Flexible Bandwidth Billing Option - Burstable OC-12 (ICB Only) Discount applied to MIS & MIS w/Managed Router: N/A Incremental Usage Fee Discount: N/A Tiered Bandwidth Minimum Commitment Undiscount ed MIS Monthly Fee Undiscounted MIS with Managed Router Monthly Fee Undiscounted Incremental Usage Fee Per Mbps 70 Mbps $8,875 $10,055 $155 80 Mbps $9,925 $11,105 $150 90 Mbps $10,975 $12,155 $150 100 Mbps $12,025 $13,205 $145 120 Mbps $14,125 $15,305 $145 144 Mbps $16,225 $17,405 $140 155 Mbps $17,800 $18,980 $140 200 Mbps $20,975 $22,780 $130 250 Mbps $24,515 $26,320 $120 300 Mbps $28,050 $29,855 $115 350 Mbps $31,600 $33,405 $110 400 Mbps $35,140 $36,945 $110 450 Mbps $38,675 $40,480 $105 500 Mbps $42,215 $44,020 $105 550 Mbps $45,750 $47,555 $100 600 Mbps $49,290 $51,095 $100 622 Mbps $50,700 $52,505 N/A v.2.3.06 Table 20: Tiered OC-48 (ICB Only) Discount: N/A Speed Undiscounted MIS Monthly Service Fee Undiscounted MIS w/Managed Router Monthly Service Fee 2.5 Gbps $196,000 $199,055 v.2.3.06 Table 21: Burstable OC-48 (ICB Only) Discount: N/A Sustained Usage Undiscounted MIS Monthly Service Fee Undiscounted MIS w/Managed Router Monthly Service Fee Up to 1250 Mbps $121,500 $124,555 1251 to 1350 Mbps $130,975 $134,030 1351 to 1450 Mbps $140,450 $143,505 1451 to 1550 Mbps $149,925 $152,980 1551 to 1650 Mbps $159,400 $162,455 1651 to 1750 Mbps $168,875 $171,930 1751 to 1850 Mbps $178,350 $181,405 1851 to 1950 Mbps $187,825 $190,880 1951 to 2050 Mbps $197,300 $200,355 2051 to 2150 Mbps $206,775 $209,830 2151 to 2250 Mbps $216,250 $219,305 2251 to 2350 Mbps $225,725 $228,780 2351 to 2450 Mbps $235,200 $238,255 v.2.3.06 Table 22: Flexible Bandwidth Billing Option - Burstable OC-48 (ICB Only) Discount applied to MIS & MIS w/Managed Router: N/A Incremental Usage Fee Discount: N/A Tiered Bandwidth Minimum Commitmen t Undiscoun ted MIS Monthly Fee Undiscounte d MIS with Managed Router Monthly Fee Undiscounted Incremental Usage Fee Per Mbps 600 Mbps $49,290 $51,095 $100 622 Mbps $50,700 $52,505 $100 700 Mbps $56,365 $58,170 $100 800 Mbps $63,440 $65,245 $100 1250 Mbps $101,250 $104,305 $100 1550 Mbps $125,000 $128,055 $100 1850 Mbps $148,750 $151,805 $100 2150 Mbps $172,500 $175,555 $100 2450 Mbps $196,000 $199,055 N/A v.2.3.06 Attachment number 1 Page 8 of 12 Item # 23 AT&T Managed Internet Service – Pricing Schedule AT&T MA Reference No. ______________ CSM110405145355 AT&T and Customer Confidential Information Page 9 of 12 eCRM ID 1-EC224J 1104 MP6679 EAMIS IGLOO 040511 MP ps_mis_all_no_security_svcs_20060528_gcsm.rtf v.03/07/11 Table 23: Flexible Bandwidth Billing Option - Ethernet Discount applied to MIS & MIS w/Managed Router: 88.0 % Incremental Usage Fee Discount: 88.0 % Tiered Bandwidth Minimum Commitment MIS Undiscounted Monthly Fee MIS with Managed Router Undiscounted Monthly Fee Undiscounted Incremental Usage Fee Per Mbps 0.5 Mbps $390 $460 $940 1.0 Mbps $425 $495 $510 1.5 Mbps $470 $540 $380 2 Mbps $590 $885 $355 3 Mbps $850 $1,145 $340 4 Mbps $1,075 $1,370 $325 5 Mbps $1,125 $1,420 $270 6 Mbps $1,250 $1,545 $250 7 Mbps $1,415 $2,295 $245 8 Mbps $1,565 $2,445 $235 9 Mbps $1,715 $2,595 $230 10 Mbps $1,840 $2,720 $225 15 Mbps $2,465 $3,345 $200 20 Mbps $3,090 $3,970 $190 25 Mbps $3,725 $4,605 $180 30 Mbps $4,350 $5,230 $175 35 Mbps $4,990 $5,870 $175 40 Mbps $5,615 $6,495 $170 45 Mbps $6,250 $7,130 $170 50 Mbps $6,770 $7,815 $165 60 Mbps $7,825 $9,005 $160 70 Mbps $8,875 $10,055 $155 75 Mbps $9,410 $10,595 $155 80 Mbps $9,925 $11,105 $150 90 Mbps $10,975 $12,155 $150 100 Mbps $12,025 $13,205 $145 120 Mbps $14,125 $15,305 $145 144 Mbps $16,225 $17,405 $140 150 Mbps $17,065 $18,250 $140 155 Mbps $17,800 $18,980 $140 200 Mbps $20,975 $22,780 $130 250 Mbps $24,515 $26,320 $120 300 Mbps $28,050 $29,855 $115 350 Mbps $31,600 $33,405 $110 400 Mbps $35,140 $36,945 $110 450 Mbps $38,675 $40,480 $105 500 Mbps $42,215 $44,020 $105 550 Mbps $45,750 $47,555 $100 600 Mbps $49,290 $51,095 $100 622 Mbps $50,700 $52,505 $100 700 Mbps $56,365 $58,170 $100 800 Mbps (ICB) $63,440 $65,245 $100 900 Mbps (ICB) $70,875 $73,930 $100 1000 Mbps (ICB) $78,250 $81,305 N/A v.10.01.08 Table 24: Flexible Bandwidth Billing Option – MIS 10 Gig Ethernet Discount applied to MIS: N/A Incremental Usage Fee Discount: N/A Tiered Bandwidth Minimum Commitment MIS Undiscounted Monthly Fee Undiscounted Incremental Usage Fee Per Mbps .5 Gbps $42,215 $84.43 1.0 Gbps $78,250 $78.25 1.5 Gbps $119,625 $79.75 2.0 Gbps $161,000 $80.50 2.5 Gbps $196,000 $80.25 3.0 Gbps $240,000 $80.00 3.5 Gbps $279,125 $79.75 4.0 Gbps $318,000 $79.50 4.5 Gbps $356,625 $79.25 5.0 Gbps $390,000 $78.00 5.5 Gbps $433,125 $78.75 6.0 Gbps $471,000 $78.50 6.5 Gbps $508,625 $78.25 7.0 Gbps $539,000 $77.00 7.5 Gbps $583,125 $77.75 8.0 Gbps $620,000 $77.50 8.5 Gbps $656,625 $77.25 9.0 Gbps $684,000 $76.00 9.5 Gbps $719,625 $75.75 10.0 Gbps $755,000 $75.50 v.10.01.08 Table 25: Class Of Service Option - Tiered T-1, T-3 and Burstable Service - Monthly Service Fees Discount: N/A Speed Class of Service Monthly Fee – List Price (w/ or w/out Managed Router, including Managed Router Option 2, except as indicated) 56 Kbps† $225 128 Kbps† $225 256 Kbps† $225 384 Kbps† $225 512 Kbps† $225 768 Kbps $225 1024 Kbps* $225 1.5 Mbps $225 2xT-1 (3 Mbps) $225 3xT-1 (4.5 Mbps) $225 4xT-1 (6 Mbps) $225 5xT-1 (7.5 Mbps) $225 6xT-1 (9 Mbps) $225 7xT-1 (10.5 Mbps) $225 8xT-1 (12 Mbps) $225 Attachment number 1 Page 9 of 12 Item # 23 AT&T Managed Internet Service – Pricing Schedule AT&T MA Reference No. ______________ CSM110405145355 AT&T and Customer Confidential Information Page 10 of 12 eCRM ID 1-EC224J 1104 MP6679 EAMIS IGLOO 040511 MP ps_mis_all_no_security_svcs_20060528_gcsm.rtf v.03/07/11 10 Mbps $825 15 Mbps $1,075 20 Mbps $1,325 25 Mbps $1,575 30 Mbps $1,825 35 Mbps $2,100 40 Mbps $2,350 45 Mbps $2,750 155 Mbps‡ $2,750 (†) no real-time class available (‡) unmanaged only v.6.1.06 Table 26: Class Of Service Option - Flexible Bandwidth Billing Option - Monthly Service Fees Discount: N/A Speed Undiscounted MIS w/ or w/out Managed Router including Managed Router Option 2 Monthly Service Fee * Up to 1.5 Mbps $225 2.0 Mbps $285 2.01 - 3.0 Mbps $360 3.01 - 4.0 Mbps $435 4.01 - 5.0 Mbps $510 5.01 - 6.0 Mbps $575 6.01 - 7.0 Mbps $640 7.01 - 8.0 Mbps $705 8.01 - 9.0 Mbps $765 9.01 to 10.0 Mbps $825 10.01 to 15.0 Mbps $1,075 15.01 - 20.0 Mbps $1,325 20.01 - 25.0 Mbps $1,575 25.01 - 30.0 Mbps $1,825 30.01 - 35.0 Mbps $2,100 35.01 - 40.0 Mbps $2,350 40.01 - 45.0 Mbps $2,750 45.01 – 155 Mbps $5,000 200 - 250 Mbps $5,400 300 - 350 Mbps $5,800 400 - 600 Mbps $6,200 622 Mbps $7,000 700 – 1000 Mbps $7,800 1.5 Gbps $7,900 2.0 Gbps $8,000 2.5 Gbps $8,100 3.0 Gbps $8,200 3.5 Gbps $8,300 4.0 Gbps $8,400 4.5 Gbps $8,500 5.0 Gbps $8,600 5.5 Gbps $8,700 6.0 Gbps $8,800 6.5 Gbps $8,900 7.0 Gbps $9,000 7.5 Gbps $9,100 8.0 Gbps $9,200 8.5 Gbps $9,300 9.0 Gbps $9,400 9.5 Gbps $9,500 10.0 Gbps $9,600 *Subject to availability v.10.01.08 Attachment number 1 Page 10 of 12 Item # 23 AT&T Managed Internet Service – Pricing Schedule AT&T MA Reference No. ______________ CSM110405145355 AT&T and Customer Confidential Information Page 11 of 12 eCRM ID 1-EC224J 1104 MP6679 EAMIS IGLOO 040511 MP ps_mis_all_no_security_svcs_20060528_gcsm.rtf v.03/07/11 Table 27: Class Of Service Option - Installation Fees Discount: N/A Class of Service Undiscounted Installation Fee $1,000 v.2.3.06 Table 28: MIS+NCS Option (ICB Only) Discount: N/A Feature Undiscounted Monthly Service Fee MIS Only MIS + NCS Site License Fee (3 yr) $1,200 MIS + NCS Site License Fee (5 yr) $1,050 MIS + NCS Tier 1 Support $100 v.04.29.02 Table 29: MIS + NCS Installation Fees (ICB Only) Discount: 0.0 % Feature Undiscounted Installation Fee List Price MIS MIS + NCS Site Preparation Fee $2,500 v.2.3.06 Table 30: MPLS PNT Feature Discount:N/A Access Method Speed Undiscounted Monthly Service Fee MIS, MIS w/Managed Router, and MIS w/ Managed Router Option 2 Private Line Fractional T-1 (56K – 768K)** Fractional T-1 (56K – 768K)** $200 Private Line NxT-1 (2 through 8) Private Line NxT-1 (3 Mbps – 12 Mbps) $200 Private Line T1 T-1 (1.54 Mbps) $200 Private Line T3 2 Mbps (Hi-Cap Flex T3) $1,000 Private Line T3 3 Mbps (Hi-Cap Flex T3) $1,000 Private Line T3 4 Mbps (Hi-Cap Flex T3) $1,000 Private Line T3 5 Mbps (Hi-Cap Flex T3) $1,000 Private Line T3 6 Mbps (Hi-Cap Flex T3) $1,000 Private Line T3 7 Mbps (Hi-Cap Flex T3) $1,000 Private Line T3 8 Mbps (Hi-Cap Flex T3) $1,000 Private Line T3 9 Mbps (Hi-Cap Flex T3) $1,000 Private Line T3 10 Mbps (Hi-Cap Flex T3) $1,000 Private Line T3 15 Mbps (Hi Cap Flex T3 or Fractional T3) $1,000 Private Line T3 20 Mbps (Hi-cap Flex T3, or Fractional T3) $2,000 Private Line T3 25 Mbps(Hi-cap Flex T3, or Fractional T3) $2,000 Private Line T3 30 Mbps (Hi-cap Flex T3, or Fractional T3) $2,000 Private Line T3 35 Mbps (Hi-cap Flex T3, or Fractional T3) $2,000 Private Line T3 40 Mbps (Hi-cap Flex T3, or Fractional T3) $2,000 Private Line T3 45 Mbps (Full T3) $2,000 Private Line T3 6-45 Mbps (Burstable T3) $2,000 Private Line OC3 OC-3 (35-155 Mbps) Flat rate, Burstable, or Hi- Cap flex $5,000 Private Line OC12 OC-12 (70-622 Mbps) Flat rate, Hi-Cap Flex, or Burstable $10,000 Private Line OC48 OC-48 (600-2500 Mbps) Flat rate, Hi-Cap Flex or Burstable $20,000 Ethernet 512Kbps - 1.5 Mbps $200 Ethernet 2 - 15 Mbps $1,000 Ethernet 15.01 – 45 Mbps $2,000 Ethernet 45.01 - 155 Mbps $5,000 Ethernet 155.01 - 622 Mbps $10,000 Ethernet 622.01 - 1000 Mbps $20,000 ** (1024K not available with MPLS PNT) v.10.12.07 Attachment number 1 Page 11 of 12 Item # 23 AT&T Managed Internet Service – Pricing Schedule AT&T MA Reference No. ______________ CSM110405145355 AT&T and Customer Confidential Information Page 12 of 12 eCRM ID 1-EC224J 1104 MP6679 EAMIS IGLOO 040511 MP ps_mis_all_no_security_svcs_20060528_gcsm.rtf v.03/07/11 Table 31: MPLS PNT UniLink Feature Discount: N/A Access Method Speed Undiscounted Monthly Service Fee MIS PNT and MIS PNT with Managed Router Private Line T-1 T-1 (1.54 Mbps) Burstable T1 $200 Private Line T-3 2- 45 Mbps (Flat Rate, Hi-Cap Flex or Burstable T3) $2,000 Private Line OC-3 OC-3 (35-155 Mbps) Flat rate, Burstable, or Hi-Cap flex $5,000 Private Line OC- 12 OC-12 (70-622 Mbps) Flat rate, Hi- Cap Flex, or Burstable $10,000 Private Line OC- 48 OC-48 $20,000 Ethernet 512 Kbps – 1.5 Mbps $200 Ethernet 2 - 45 Mbps $2,000 Ethernet 45.01-155 Mbps $5,000 Ethernet 155.01-622 Mbps $10,000 Ethernet 622.01-1000 Mbps $20,000 v.10.12.07 Table 32: MultiCast Monthly Service Fee N/A MultiCast Monthly Service Fee ICB Table 33: MultiCast Installation N/A MultiCast Installation Fee ICB Section II: AT&T Business in a BoxSM Table 1: Service Component Replacement – Next Business Day Shipped (5x8) Monthly Charges Discount: N/A Service Component/Device Undiscounted Monthly Service Charge Base Unit 12 Port $50 Base Unit 24 Port $70 8 Port POE Add-On $30 24 Port POE Add-On $75 8 Port Analog Module Add-On $35 v.5.14.09 Table 2: On-Site Maintenance (24X7X4) Monthly Charges Discount: N/A Option Undiscounted Monthly Service Charge Base Unit 12 Port $75 Base Unit 24 Port $95 8 Port POE Add-On $35 24 Port POE Add-On $85 8 Port Analog Module Add-On $40 v.5.14.09 Table 3: Life-Cycle Management Charges - Service Charges Discount: N/A Per Site / Per Occurrence during Standard Business Hours (Monday- Friday, 8:00 am- 5:00 pm, local time) Undiscounted Service Charge List Price Move, Addition, Change to Service $260 Delete Service $500 v. 5.14.09 Table 4: Class Of Service Option - when ordered with AT&T BVoIP Services only Discount: 100% Class of Service Monthly Service Fee $225 v.1.9.09 Section III: Additional Service Fees Moving Fee (during hours) $1,000 per location Additional Moving Fee (outside standard operating hours – 8:00 a.m. to 5:00 p.m. Monday through Friday) Additional $500 per location v.07/01/04 Section IV: Local Access Pricing NPA/ NXX Location Access Bandwidth Local Access Non- Recurring Charge Local Access Net Monthly Recurring Charge 706-849 Augusta, GA Ethernet 50Mbps $0.00 $950.00 706-849 Augusta, GA Ethernet 100Mbps $0.00 $ 1150.12 Attachment number 1 Page 12 of 12 Item # 23 Contract Service Arrangement Agreement Case Number GA10-2895-05 Page 1 of 13 AT&T and Customer Confidential Information This Contract Service Arrangement (CSA) Agreement (“Agreement”) is by and between BellSouth Telecommunications, Inc. d/b/a AT&T Georgia, (“Company”) and Augusta (“Customer” or “Subscriber”). This Agreement is based upon the following terms and conditions as well as any Attachment(s) affixed and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein. 1. Subscriber requests and Company agrees, subject to the terms and conditions herein, to provide the service described in this Agreement at the monthly and nonrecurring rates, charges, and conditions as described in this Agreement (“Service”). The rates, charges, and conditions described in this Agreement are binding upon Company and Subscriber for the duration of this Agreement. For the purposes of the effectiveness of the terms and conditions contained herein, this Agreement shall become effective upon execution by both parties. For purposes of the determination of any service period stated herein, said service period shall commence the date upon which installation of the service is completed. 2. Company agrees to provide Subscriber notice of any additional tariffed services required for the installation of the Service. Subscriber agrees to be responsible for all rates, charges and conditions for any additional tariffed services that are ordered by Subscriber. 3. This Agreement is subject to and controlled by the provisions of Company's or any of its affiliated companies' lawfully filed and approved tariffs, including but not limited to Section A2 of the General Subscriber Services Tariff and No. 2 of the Federal Communications Commission Tariff and shall include all changes to said tariffs as may be made from time to time. All appropriate tariff rates and charges shall be included in the provision of this service. Except for the expressed rates, charges, terms and conditions herein and except as otherwise provided in Section 13 below, in the event any part of this Agreement conflicts with the terms and conditions of Company’s or any of its affiliated companies’ lawfully filed and approved tariffs, the tariff shall control. 4. This Agreement may be subject to the appropriate regulatory approval prior to commencement of installation. Should such regulatory approval be denied, after a proper request by Company, this Agreement shall be null, void, and of no effect. 5. If Subscriber cancels this Agreement prior to the completed installation of the Service, but after the execution of this Agreement by Subscriber and Company, Subscriber shall pay all reasonable costs incurred in the implementation of this Agreement prior to receipt of written notice of cancellation by Company. Notwithstanding the foregoing, such reasonable costs shall not exceed all costs which would apply if the work in the implementation of this Agreement had been completed by Company. 6. The rates, charges, and conditions described in this Agreement may be based upon information supplied to Company by the Subscriber, including but not limited to forecasts of growth. If so, Subscriber agrees to be bound by the information provided to Company. Should Subscriber fail to meet its forecasted level of service requirements at any time during the term of this Agreement, Subscriber shall pay all reasonable costs associated with its failure to meet its projected service requirements. 7. (a) If Subscriber cancels this Agreement or a Service provided pursuant to this Agreement at any time prior to the expiration of the service period set forth in this Agreement, Subscriber shall be responsible for all termination charges. Unless otherwise specified by the tariff or stated elsewhere in this Agreement, Attachment number 2 Page 1 of 13 Item # 23 Contract Service Arrangement Agreement Case Number GA10-2895-05 Page 2 of 13 AT&T and Customer Confidential Information termination charges are defined as fifty percent (50%) of the recurring charges due or remaining as a result of the minimum service period agreed to by the Company and Subscriber and set forth in this Agreement and any nonrecurring charges that were not applied upon installation as set forth in this Agreement. (b) Subscriber further acknowledges that it has options for its telecommunications services from providers other than Company and that it has chosen Company to provide the services in this Agreement. Accordingly, if Subscriber assigns this Agreement to a certified reseller of Company local services and the reseller executes a written document agreeing to assume all requirements of this Agreement, Subscriber will not be billed termination charges. However, Subscriber agrees that in the event it fails to meet its obligations under this Agreement or terminates this Agreement or services purchased pursuant to this Agreement in order to obtain services from a facilities based service provider or a service provider that utilizes unbundled network elements, Subscriber will be billed, as appropriate, termination charges as specified in this Agreement. 8. This Agreement shall be construed in accordance with the laws of the State of Georgia. 9. Except as otherwise provided in this Agreement, notices required to be given pursuant to this Agreement shall be effective when received, and shall be sufficient if given in writing, hand delivered, or United States mail, postage prepaid, addressed to the appropriate party at the address set forth below. Either party hereto may change the name and address to whom all notices or other documents required under this Agreement must be sent at any time by giving written notice to the other party. Company BellSouth Telecommunications, Inc. d/b/a AT&T Georgia Assistant Vice President 3626 Walton Way Ext, Ste 1 Augusta, GA 30909- Subscriber Augusta 530 Greene St Augusta, GA 30901- 10. Subscriber may not assign its rights or obligations under this Agreement without the express written consent of Company and only pursuant to the conditions contained in the appropriate tariff. 11. In the event that one or more of the provisions contained in this Agreement or incorporated within by reference shall be invalid, illegal, or unenforceable in any respect under any applicable statute, regulatory requirement or rule of law, then such provisions shall be considered inoperative to the extent of such invalidity, illegality, or unenforceability and the remainder of this Agreement shall continue in full force and effect. 12. Acceptance of any order by Company is subject to Company credit and other approvals. Following order acceptance, if it is determined that: (i) the initial credit approval was based on inaccurate or incomplete information; or (ii) the customer's creditworthiness has significantly decreased, Company in its sole discretion reserves the right to cancel the order without liability or suspend the Order until accurate and appropriate credit approval requirements are established and accepted by Customer. Attachment number 2 Page 2 of 13 Item # 23 Contract Service Arrangement Agreement Case Number GA10-2895-05 Page 3 of 13 AT&T and Customer Confidential Information 13. Customer and Company acknowledge and agree that to the extent the Service provided under this Agreement is deregulated or de-tariffed by operation of law, regulation, or otherwise, all references in this Agreement to “BellSouth General Subscriber Services Tariff”, “BellSouth tariffs”, “BellSouth’s lawfully filed tariffs”, or any other reference to BellSouth’s tariffs on file with the Public Service Commissioner(s) of the applicable state or states shall be deemed reference to the terms set forth in this Agreement, as well as the Service Descriptions and Price Lists and the BellSouth Service Agreement, all of which can be found at the link found at www.att.com/servicepublications, all incorporated herein by reference as if fully included herein. Customer agrees such deregulated or de-tariffed Service shall be provided in accordance with the terms and conditions set forth in this Agreement, the Service Descriptions and Price Lists for each applicable state or states and the BellSouth Service Agreement found at the link above. To the extent there exist any discrepancies or inconsistencies between the terms set forth in the body of this Agreement and those incorporated by reference, the terms and conditions set forth in the body of this Agreement shall govern. 14. Customer acknowledges that Customer has read and understands this Agreement and agrees to be bound by its terms and conditions including all terms set forth in the Service Descriptions and Price Lists found at www.att.com/servicepublications, as applicable. Customer further agrees that this Agreement and any attachments hereto, constitute the complete and exclusive statement of the agreement between the parties, superseding all proposals, representations, and/or prior agreements, oral or written, between the parties relating to the subject matter of the Agreement. This Agreement is not binding upon Company until executed by an authorized employee, partner, or agent of Customer and Company. This Agreement may not be modified, amended, or superseded other than by a written instrument executed by both parties. The undersigned warrant and represent that they have the authority to bind Customer and Company to this Agreement. Attachment number 2 Page 3 of 13 Item # 23 Contract Service Arrangement Agreement Case Number GA10-2895-05 Option 1 of 1 Page 4 of 13 AT&T and Customer Confidential Information Offer Expiration: This offer shall expire on: 6/30/2011. Estimated service interval following acceptance date: Negotiable weeks. Service description: This Contract Service Arrangement (CSA) Agreement provides rates and charges for BellSouth® Centrex service for multiple systems. Each system will terminate coterminous with the expiration date of this contract regardless of the installation date of the individual systems. This Agreement is for a service period of twenty-four (24) months. This Agreement shall be extended for additional one-year terms under the same terms and conditions herein unless either party provides written notice of its intent not to renew the Agreement at least sixty (60) days prior to the expiration of the initial term or each additional one-year term. Attachment number 2 Page 4 of 13 Item # 23 Contract Service Arrangement Agreement Case Number GA10-2895-05 Option 1 of 1 Page 5 of 13 AT&T and Customer Confidential Information IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the dates set forth below. Accepted by: Subscriber: Augusta By: __________________________________________ Authorized Signature Printed Name: __________________________________ Title: ______________________________________ Date: ______________________________________ Company: BellSouth Telecommunications, Inc. d/b/a AT&T Georgia By: __________________________________________ Authorized Signature Printed Name: __________________________________ Title: ______________________________________ Date: ______________________________________ Attachment number 2 Page 5 of 13 Item # 23 Contract Service Arrangement Agreement Case Number GA10-2895-05 Option 1 of 1 RATES AND CHARGES Page 6 of 13 AT&T and Customer Confidential Information Rate Elements Non-Recurring Monthly Rate USOC 1 BellSouth Centrex service, Payment Plan 4, Standard common equipment, each $.00 $250.00 M1ACS 2 BellSouth Centrex service, Payment Plan 4, Common equipment customized by the Company at the subscriber's request, each $.00 $250.00 M1ACC 3 BellSouth Centrex service, BellSouth Centrex Control, Service Establishment, Initial setup, per system $.00 $.00 CCXEN 4 BellSouth Centrex service, Standard Features, per station line, each $.00 $3.95 CENAA 5 BellSouth Centrex service, BellSouth Centrex Control, Per Line, Initial Setup, each station line, Company provisioned, subscriber provisioned, or converted from ECAS, DECAS, or Customer Control $.00 $3.95 CENCA 6 BellSouth Centrex service, Payment Plan 4, Station Links, Flat Rate, each $.00 $8.75 M4LFA Attachment number 2 Page 6 of 13 Item # 23 Contract Service Arrangement Agreement Case Number GA10-2895-05 Option 1 of 1 RATES AND CHARGES Page 7 of 13 AT&T and Customer Confidential Information 7 BellSouth Centrex service, Payment Plan 4, Station Links for 800 Service Termination, Flat Rate, each $.00 $8.75 M4LFB 8 BellSouth Centrex service, Payment Plan 4, Station Links Terminated on Electronic Business Sets/PSET (DMS-100 only), Flat Rate, each $.00 $8.75 M4LFC 9 BellSouth Centrex service, Payment Plan 4, Station Links Terminated on Electronic Business Sets/M5009 (DMS-100 only), Flat Rate, each $.00 $8.75 M4LFD 10 BellSouth Centrex service, Payment Plan 4, Station Links Terminated on Electronic Business Sets/M5209 (DMS-100 only), Flat Rate, each $.00 $8.75 M4LFE 11 BellSouth Centrex service, Payment Plan 4, Station Links Terminated on Electronic Business Sets/M5112 (DMS-100 only), Flat Rate, each $.00 $8.75 M4LFF 12 BellSouth Centrex service, Payment Plan 4, Station Links Terminated on Electronic Business Sets/M5312 (DMS-100 only), Flat Rate, each $.00 $8.75 M4LFG Attachment number 2 Page 7 of 13 Item # 23 Contract Service Arrangement Agreement Case Number GA10-2895-05 Option 1 of 1 RATES AND CHARGES Page 8 of 13 AT&T and Customer Confidential Information 13 BellSouth Centrex service, Payment Plan 4, Station Links Terminated on Electronic Business Sets/M5008 (DMS-100 only), Flat Rate, each $.00 $8.75 M4LFT 14 BellSouth Centrex service, Payment Plan 4, Station Links Terminated on Electronic Business Sets/M5208 (DMS-100 only), Flat Rate, each $.00 $8.75 M4LFU 15 BellSouth Centrex service, Payment Plan 4, Station Links Terminated on Electronic Business Sets/M5216 (DMS-100 only), Flat Rate, each $.00 $8.75 M4LFV 16 BellSouth Centrex service, Payment Plan 4, Station Links Terminated on Electronic Business Sets/M5316 (DMS-100 only), Flat Rate, each $.00 $8.75 M4LF3 17 BellSouth Centrex service, Payment Plan 4, Station Links Equipped with Caller ID, Flat Rate, each $.00 $8.75 M4LFH 18 BellSouth Centrex service, Payment Plan 4, Station Links Equipped with Caller ID and Message Waiting Lamp Indication (DMS-100 only), Flat Rate, each $.00 $8.75 M4LFW Attachment number 2 Page 8 of 13 Item # 23 Contract Service Arrangement Agreement Case Number GA10-2895-05 Option 1 of 1 RATES AND CHARGES Page 9 of 13 AT&T and Customer Confidential Information 19 BellSouth Centrex service, Payment Plan 4, Station Links Equipped for Message Waiting Lamp Indication (DMS-100 only), Flat Rate, each $.00 $8.75 M4LFJ 20 BellSouth Centrex service, Payment Plan 4, Station Links for Provision in a Different Serving Wire Center, Flat Rate, each $.00 $8.75 M4LFM 21 BellSouth Centrex service, Payment Plan 4, Station Links for Provision in a Different Serving Wire Center for Electronic Business Sets/PSET (DMS-100 only), Flat Rate, each $.00 $8.75 M4LFO 22 BellSouth Centrex service, Payment Plan 4, Station Links for Provision in a Different Serving Wire Center for Electronic Business Sets/M5009 (DMS-100 only), Flat Rate, each $.00 $8.75 M4LFP 23 BellSouth Centrex service, Payment Plan 4, Station Links for Provision in a Different Serving Wire Center for Electronic Business Sets/M5209 (DMS-100 only), Flat Rate, each $.00 $8.75 M4LFQ 24 BellSouth Centrex service, Payment Plan 4, Station Links for Provision in a Different Serving Wire Center for Electronic Business Sets/M5112 (DMS-100 only), Flat Rate, each $.00 $8.75 M4LFR Attachment number 2 Page 9 of 13 Item # 23 Contract Service Arrangement Agreement Case Number GA10-2895-05 Option 1 of 1 RATES AND CHARGES Page 10 of 13 AT&T and Customer Confidential Information 25 BellSouth Centrex service, Payment Plan 4, Station Links for Provision in a Different Serving Wire Center for Electronic Business Sets/M5312 (DMS-100 only), Flat Rate, each $.00 $8.75 M4LFS 26 BellSouth Centrex service, Payment Plan 4, Station Links for Provision in a Different Serving Wire Center for Electronic Business Sets/M5008 (DMS-100 only), Flat Rate, each $.00 $8.75 M4LF4 27 BellSouth Centrex service, Payment Plan 4, Station Links for Provision in a Different Serving Wire Center for Electronic Business Sets/M5208 (DMS-100 only), Flat Rate, each $.00 $8.75 M4LF5 28 BellSouth Centrex service, Payment Plan 4, Station Links for Provision in a Different Serving Wire Center for Electronic Business Sets/M5216 (DMS-100 only), Flat Rate, each $.00 $8.75 M4LF6 29 BellSouth Centrex service, Payment Plan 4, Station Links for Provision in a Different Serving Wire Center for Electronic Business Sets/M5316 (DMS-100 only), Flat Rate, each $.00 $8.75 M4LF7 Attachment number 2 Page 10 of 13 Item # 23 Contract Service Arrangement Agreement Case Number GA10-2895-05 Option 1 of 1 RATES AND CHARGES Page 11 of 13 AT&T and Customer Confidential Information 30 BellSouth Centrex service, Payment Plan 4, Station Links for Provision in a Different Serving Wire Center for 800 service Termination, Flat Rate, each $.00 $8.75 M4LFZ 31 BellSouth Centrex service, Payment Plan 4, Station Links Termination on MegaLink service, LightGate service, or Equivalent Services, Flat Rate, each $.00 $.00 M4LF9 32 BellSouth Centrex service, Payment Plan 4, Station Links Termination on MegaLink service, LightGate service, or Equivalent Services for 800 service Termination, Flat Rate, each $.00 $.00 M4LF2 33 BellSouth Centrex service, Payment Plan 4, Bridged Links, located on different premises from station link on non-continuous property, each $.00 $8.75 M1FNX 34 BellSouth Centrex service, Payment Plan 4, Bridged Links, located on different premises from station link on same continuous property, each $.00 $8.75 M1FCX 35 BellSouth Centrex service, Payment Plan 4, Extended Bridged Links, extended to different premises, different serving wire center, each $.00 $8.75 M1FEX Attachment number 2 Page 11 of 13 Item # 23 Contract Service Arrangement Agreement Case Number GA10-2895-05 Option 1 of 1 RATES AND CHARGES Page 12 of 13 AT&T and Customer Confidential Information 36 BellSouth Centrex service, Systems Communication Service, System Abbreviated Dialing Capability for 100 Numbers, per system $.00 $.00 M2ADA 37 BellSouth Centrex service, Network Access Register (NAR) Package, per NAR, Both-way, Flat Rate $.00 $25.00 M9QCX 38 BellSouth Centrex service, Network Access Register (NAR) Package, per NAR, One-way Inward, Flat Rate $.00 $25.00 M9Q1X 39 BellSouth Centrex service, Network Access Register (NAR) Package, per NAR, One-way Outward, Flat Rate $.00 $25.00 M9QOX Attachment number 2 Page 12 of 13 Item # 23 Contract Service Arrangement Agreement Case Number GA10-2895-05 Option 1 of 1 Page 13 of 13 AT&T and Customer Confidential Information RATES AND CHARGES NOTES: 1. All rules and regulations as set forth in the General Subscriber Services Tariff (GSST) are applicable to this Agreement. The rate elements included herein have been specifically discounted. Other rate elements used in the provision of the service have not been listed, but may be found in the appropriate Company tariff. Examples of other rate elements are: FCC surcharges, regulatory fees, taxes, or charges for features ordered that are not listed in the Agreement. 2. Other rate elements used in the provision of this service may not be listed herein, however, can be found in the appropriate Tariffs or Price lists. 3. Payment Plan designation is for provisioning purposes only. 4. The appropriate tariff notes associated with each rate element apply as specified in the GSST. 5. The following nonrecurring charges will not apply upon installation. However, if all or any part of the service is disconnected prior to the expiration of the selected term, then Customer will pay full nonrecurring charges that were waived at installation as identified below in addition to applicable termination liability charges: USOC Description Nonrecurring Charge CENAA Centrex Features $19.50 each M1ACS Standard Common Equipment $600.00 each M1ACC Customized Common Equipment $750.00 each Line Connection, first $58.25 each Line Connection, Additional $30.00 each Furthermore, upon Customer’s request to disconnect all service prior to the expiration of the selected term, Customer will be charged a one-time Contract Preparation Charge in the amount of $423.00. All trademarks and service marks contained herein are owned by AT&T Intellectual Property and/or AT&T affiliated companies. END OF ARRANGEMENT AGREEMENT OPTION 1 Attachment number 2 Page 13 of 13 Item # 23 AT&T ILEC CompleteLink® Pricing Schedule / Confirmation of Service Order CompleteLink Promotion AT&T and Customer Confidential Information CompleteLink_LOE_SE Page 1 of 5 v.10/29/09 tg1583 Pricing Schedule to AT&T Agreement Reference No. * Confirmation of Service Order If neither box above is checked then this document is a standalone Confirmation of Service Order. * This document may be used as a Pricing Schedule only if attached to an Agreement referred to internally at AT&T as a UA MSA, UA MA or UA SSTC. Customer (“Customer”) AT&T (“AT&T”) City of Augusta ** 530 Greene Street Augusta GA 30911 USA Dunn & Bradstreet No.*, if any: *(If not available, provide Federal Taxpayer ID number) For purposes of this Pricing Schedule/Confirmation of Service Order AT&T means the Service Provider(s) specifically identified herein. Customer Contact (for notices) AT&T Sales Contact Information and for Contract Notices Primary Sales Contact Name: Kevin Luce Title: Infrastructure Supervisor Telephone: 706 821 1603 Fax: E-mail: luce@augustaga.gov Address for notices, if different from above: Street Address City State Zip Code USA Account Rep Name: Shelly Fields Title: Acct Manager Telephone: 912-964-7425 Fax: 678-966-2157 Email: sf2028@att.com Street Address: 126 Chatham Parkway City: Garden City State: GA Zip Code: 31408 With a copy to: AT&T Corp. One AT&T Way, Bedminster, NJ 07921-0752 Attn: Master Agreement Support Team E-mail: mast@att.com AT&T Authorized Agent or Representative Information (if applicable) Primary Sales Contact Name: Company Name: Agent Street Address: City: State: Zip Code: Telephone: Fax: Email: Agent Code Customer agrees to subscribe to CompleteLink (“CompleteLink” or the “Promotion”), a volume discount plan, according to the prices and terms and conditions (including, but not limited to prices or discounts) set forth in this Pricing Schedule/ Confirmation of Service Order, Attachment A and the applicable Price Lists(s), Tariff(s) and Guidebook(s). If this document serves as a Confirmation of Service Order (as indicated above), the Confirmation of Service Order is subject to: (a) the terms of the applicable Tariff, if the Promotion is offered pursuant to Tariff; or (b) the AT&T Business Service Agreement (BSA), if the Promotion is not offered pursuant to Tariff. Tariffs, Price Lists, Guidebooks and the BSA can be found at www.att.com/servicepublications. If this document serves as a Pricing Schedule (as indicated above), this Pricing Schedule is part of the “Agreement” per the referenced AT&T Agreement. Throughout the remainder of this document, this document shall be referred to as the “Pricing Schedule”. The Effective Date of this Pricing Schedule is the later of the signature dates below. This Pricing Schedule sets forth promotional terms which will apply to specific Services. This Promotion is provided by the AT&T Incumbent Local Exchange Carrier (ILEC) Affiliate(s) identified below as the Service Provider(s). **Customer represents that this is its legal business name and understands that AT&T is relying on that representation. Customer (by its authorized representative) AT&T (by its authorized representative) By: By: Printed or Typed Name: Printed or Typed Name: Title: Title: Date: Date: Attachment number 3 Page 1 of 5 Item # 23 AT&T ILEC CompleteLink® Pricing Schedule / Confirmation of Service Order CompleteLink Promotion AT&T and Customer Confidential Information CompleteLink_LOE_SE Page 2 of 5 v.10/29/09 tg1583 1. SERVICE PROVIDER(S): (Select all that apply.) BellSouth Telecommunications, Inc. d/b/a AT&T Alabama BellSouth Telecommunications, Inc. d/b/a AT&T Florida BellSouth Telecommunications, Inc. d/b/a AT&T Georgia BellSouth Telecommunications, Inc. d/b/a AT&T Kentucky BellSouth Telecommunications, Inc. d/b/a AT&T Louisiana BellSouth Telecommunications, Inc. d/b/a AT&T Mississippi BellSouth Telecommunications, Inc. d/b/a AT&T North Carolina BellSouth Telecommunications, Inc. d/b/a AT&T South Carolina BellSouth Telecommunications, Inc. d/b/a AT&T Tennessee 2. PROMOTION DESCRIPTION CompleteLink is an optional access and usage volume discount plan for AT&T business customers. Customers subscribing to CompleteLink, receive monthly discounts on selected Eligible Services (defined below) based on the customer’s Minimum Annual Revenue Commitment (MARC). CompleteLink requires AT&T local access and/or local usage. The CompleteLink promotion is offered in three types, based upon customer eligibility: Standard: The Standard Promotion is available to all business customers who currently have business with AT&T or do not have business with AT&T. Renewal Loyalty: Eligible customers for Renewal Loyalty are AT&T Winning Rewards Promotion customers who opt out of their Winning Rewards term contracts before expiration, or select to sign up for CompleteLink within 60 days of expiration; and CompleteLink customers who have timely notified AT&T in writing that they do not wish to renew their CompleteLink for another term. Win/Winback: Win and Winback customers include business customers who are moving their local exchange access line service from a competitive local exchange carrier to AT&T Alabama, AT&T South Carolina, AT&T Tennessee. A Customer cannot have more than one of each of the three types of CompleteLink agreements for which it qualifies at any given time. 3. PRICING SCHEDULE TERM Pricing Schedule Term (“Term” or “Minimum Payment Period”) Selected by Customer in Attachment A Pricing Schedule Term Start Date and Effective Date of Rates, Discounts and Billing When discounts pursuant to this Pricing Schedule are first applied to Eligible Services: the discounts for Eligible Services (as identified in the applicable Tariff or in this Pricing Schedule, below) will appear within the first or second billing statement after the Promotion information is entered into the AT&T billing system. 4. AUTO-RENEWAL AND END OF PRICING SCHEDULE TERM. Upon expiration of the initial Pricing Schedule Term, unless Customer notifies AT&T in writing of its intent not to renew for another like term under the Promotion at least sixty (60) days prior to expiration, this Promotion Pricing Schedule shall automatically renew for another Term (“Renewal Term”). If the Promotion Pricing Schedule is not renewed for another term or at the expiration of the Renewal Term, this Pricing Schedule shall terminate automatically (no Promotion discounts shall apply) and the Services under the Promotion will continue to be provided to Customer on a stand-alone basis at the then-current month-to-month charges under the then applicable AT&T Guidebooks (Service Descriptions & Price Lists) or Tariffs, as the case may be, for Services or until AT&T or Customer cancels the Service on 30-days’ prior written notice. 5. CUSTOMER ELIGIBILITY. The Promotion is available to business customers on a per customer billing telephone number (“BTN”) basis to new or existing customers who subscribe to regulated Services and who are billed by AT&T for all their BTNs in an aggregate minimum monthly billing amount of $500 per year. The Promotion is not transferable or assignable. Attachment number 3 Page 2 of 5 Item # 23 AT&T ILEC CompleteLink® Pricing Schedule / Confirmation of Service Order CompleteLink Promotion AT&T and Customer Confidential Information CompleteLink_LOE_SE Page 3 of 5 v.10/29/09 tg1583 6. BTN ELIGIBILITY. BTNs that include regulated services pursuant to Contract Service Arrangements (CSA’s) or other AT&T programs or promotions are not eligible for enrollment in the Promotion. 7. BILLED TELEPHONE NUMBERS (BTN)S 7.1 Main Billed Telephone Number. Customer must specify one of its accounts listed on Attachment B hereto as its “Main Billed Telephone Number”. This Pricing Schedule is governed by the laws, Tariff and/or Guidebook, rules and regulations of the state in which the Main Billed Telephone Number is installed. The designated Main Billed Telephone Number must be on a bill rendered by AT&T as the local service provider. 7.2 Billed Telephone Numbers (“BTNs”) and Business Access Line. The initial BTNs included under this Pricing Schedule are specified on Attachment B to this Pricing Schedule. Customer is responsible for ensuring that all initial BTNs intended to be under this Pricing Schedule are listed on Attachment B. Subsequent BTN additions or deletions to or from the Promotion will be accepted from Customer upon oral or written notice to AT&T. Contributory revenues and volume discounts in Customer’s monthly bill will reflect BTN additions or deletions within the first or second billing cycle after the requested change. AT&T must be the local service provider for all BTNs. The rates and terms of certain service components are identified in the Promotion; the rates and terms for those service components will be those in effect on the Effective Date of this Pricing Schedule: and the rates and terms for those service components will continue for the Pricing Schedule Term. The rates for services associated with the Promotion are exclusive of, and Customer will pay, all current or future taxes, regulatory surcharges, recovery fees, shipping charges, and other similar charges specified or allowed by any governmental entity relating to the sale, use or provision of the services. 8. CONTRIBUTORY SERVICES. “Contributory Services” are those Services whose revenue is counted toward the achievement of Customer’s selected minimum annual revenue commitment (“MARC”). Services contributing toward the MARC include all AT&T regulated Services. The following do not contribute toward the MARC: E-911 Service charges, taxes, late payment charges, charges billed pursuant to Federal or State Access Service Tariffs, and charges collected on behalf of cities, municipalities or other governmental entities (including, but not limited to surcharges for 911 services, end user common line surcharges, non-regulated entities, 976 Service charges, Miami Manhole surcharges, universal service fees, and telecommunication relay service surcharges). 9. ELIGIBLE SERVICES. “Eligible Services” are those services that are eligible for discounts based on achievement of a Specified MARC. MARC volume discounts are limited to the following Eligible Services: individual business lines; analog trunks; central office features; Complete Choice for Business; and, hunting for a one-year term commitment. Hunting is not an Eligible Service for term commitments greater than one year, but will be separately discounted 50% for a two-year term commitment and 100% for a three-year term commitment. 10. TERMINATION LIABILITY 10.1 Early Termination Charge. In the event Customer terminates this Pricing Schedule prior to the expiration of the Term, or the Renewal Term, Customer shall be liable for an Early Termination Charge. Early Termination Charges shall be calculated as follows: 10.1.1. The Early Termination Charge equals 50% of the MARC multiplied by the number of years remaining in the Pricing Schedule Term or the Renewal Term. In addition, if the Early Termination Charge includes a calculation for a partial year and the partial year revenue is less than the MARC, Customer is liable for 50% of the difference between the MARC and the actual billed revenue for that partial year. If Customer disconnects a Service and, as a result of that disconnect, pays an early termination charge for that Service, that early termination charge shall be applied toward the satisfaction of the MARC under this Pricing Schedule; therefore, the calculation of the Early Termination Charge under this Pricing Schedule will reflect that MARC attainment. 10.1.2 If Customer receives any “accelerated discount” (including any upfront discount) under this Pricing Schedule, upon Customer’s early termination, Customer is additionally liable for an accelerated discount termination fee equal to 50% of the accelerated discounts received, prorated by the remaining number of months in the Pricing Schedule Term. 10.2 Failure to Meet Minimum Annual Revenue Commitment (“MARC”). The Customer must meet or exceed the selected MARC for each 12 months of the Term, and the Renewal Term (if applicable). If the Customer fails to meet or exceed the MARC for any such 12 month period, the Customer will be billed an “Under Utilization Charge” equal to the difference between the MARC and the actual billed amounts for Contributory Services that were provided during that 12 month period. Attachment number 3 Page 3 of 5 Item # 23 AT&T ILEC CompleteLink® Pricing Schedule / Confirmation of Service Order CompleteLink Promotion AT&T and Customer Confidential Information CompleteLink_LOE_SE Page 4 of 5 v.10/29/09 tg1583 10.3 Early Termination Charge Exemptions. Customer will not be liable for any Early Termination Charges under the following conditions: 10.3.1 Satisfaction Guarantee. Within 90 days of Customer’s execution of this Pricing Schedule, Customer may discontinue the Promotion by terminating this Pricing Schedule for any reason, or no reason at all, without Early Termination Charge liability for the Promotion pursuant to this Pricing Schedule; however, if Customer received an accelerated discount upon entering into this Pricing Schedule, the amount of that accelerated discount shall be charged to Customer’s Main Billed Telephone Number monthly statement or final bill. Notwithstanding the foregoing, Customer is not eligible for this Satisfaction Guarantee if Customer had terminated another AT&T toll, access or usage term plan (including a previous Promotion agreement) to subscribe to the Promotion under this Pricing Schedule. 10.3.2 MARC Downgrade with Technology Upgrade. Early Termination Charge liability will not apply if, during the Term or Renewal Term, Customer disconnects one or more of the Contributory Services in Column A of the chart, below; replaces those Contributory Services with the corresponding Contributory Service(s) listed in Column B; and, such replacement results in a 50% or greater difference between Customer’s current MARC and the next lower MARC level (as reflected on Attachment A unless MARC levels are provided in the applicable Tariff or Guidebook). In such event, Customer may request to terminate this Pricing Schedule without Early Termination Charges provided: a) Customer enters into a new CompleteLink agreement (“CompleteLink Replacement Agreement”) for a term period that is equal to or greater than the time remaining in the Term or Renewal Term of this Pricing Schedule; and, b) the MARC for the CompleteLink Replacement Agreement is at least the next lower CompleteLink MARC level (as reflected on Attachment A unless MARC levels are provided in the applicable Tariff or Guidebook). This provision is not applicable to the $500 MARC level. Only the Services reflected in Columns A and B in the chart below qualify. Replacement Contributory Service(s) must be installed at the same Customer Site(s) and in the same relative quantity(ies) as those being replaced. It is AT&T’s sole determination whether these conditions are met. Column A* Column B Analog Trunks ISDN PRI Basic Local Access Exchange Lines ISDN PRI *Centrex is not a service eligible for inclusion in Column A. Waiver of Early Termination Charges only applies to this Promotion. Termination charges may apply on those Services being disconnected, and the application of those termination charges are not affected by this MARC Downgrade and Technology Upgrade provision. All the applicable recurring and non-recurring charges apply to the installation and removal of Services. Services are subscribed to separately and not as a part of the CompleteLink subscription. As a result of selecting a reduced MARC level, discounts provided under the CompleteLink Replacement Agreement may be less than those received under this Pricing Schedule (discounts for the CompleteLink Replacement Agreement will be those applicable to the new MARC level under the CompleteLink promotion in effect at the time the CompleteLink Replacement Agreement is executed). 10.3.3 Business Downturn MARC Downgrade: For purposes of this Pricing Schedule, the term “Business Downturn” is defined as an unplanned, measurable change in business conditions affecting Customer’s business that was outside of Customer’s control and that materially and negatively affected Customer’s need for the level of AT&T Contributory Services. This provision may be invoked by Customer no earlier than on the 1st year anniversary date of the Pricing Schedule Term Start Date, and may only be invoked when the selected Pricing Schedule Term is two or three years. To invoke this provision, Customer must provide in writing to AT&T the facts which support its request for Business Downturn, and AT&T will solely determine whether Customer’s supporting materials describe a situation which constitutes a Business Downturn under this Pricing Schedule. Upon AT&T’s determination that a Business Downturn has occurred, Customer and AT&T shall then negotiate in good faith an appropriate and commercially reasonable change to Customer’s commitments hereunder. Examples of appropriate and commercially reasonable changes are (but are not limited to) a modification to the term length, the MARC, or combination thereof. The Parties shall continue performance under this Pricing Schedule during AT&T’s determination and the negotiations. If no agreement can be reached regarding a change to the Customer’s commitments, then the rates, MARC, terms and conditions of this Pricing Schedule shall remain in effect for the remainder of the Term and/or Renewal Term. Customer may invoke this provision only once, either during the Term or Renewal Term, under this Pricing Schedule. Customer specifically acknowledges that the Attachment number 3 Page 4 of 5 Item # 23 AT&T ILEC CompleteLink® Pricing Schedule / Confirmation of Service Order CompleteLink Promotion AT&T and Customer Confidential Information CompleteLink_LOE_SE Page 5 of 5 v.10/29/09 tg1583 transfer or substitution of Services to a provider other than an AT&T Affiliate during the Term or Renewal Term that results in a reduction in the projected annual spending for Contributory Services under this Pricing Schedule, does not qualify as a Business Downturn. This provision is not available and may not be invoked in the State of Florida. 10.3.4 Conversion. During the Pricing Schedule Term or Renewal Term, Customer may terminate the Promotion without Early Termination Charge liability provided: a) Customer enters into a CompleteLink Replacement Agreement for a term period that is equal to or greater than the time remaining on the Term or Renewal Term (as applicable) of this Pricing Schedule; and, b) the MARC on the new agreement is equal to or greater than the MARC under this Pricing Schedule. 10.3.5 MARC downgrades are not available pursuant to this Pricing Schedule except as provided in this Section 10.3.3. 11. The attachments hereto are incorporated by reference herein. For internal use only Is this CompleteLink associated with ABN Complete? YES NO Billing Telephone Number for Existing service, if applicable: 404-R01-7586-586 Promotion/Program Code: End of Document Attachment number 3 Page 5 of 5 Item # 23 Attachment A to AT&T ILEC CompleteLink® Pricing Schedule / Confirmation of Service Order CompleteLink Promotion AT&T and Customer Confidential Information Standard CL_Attachment_A_SE Page 1 of 1 v. 10/27/09 tg1583 This Attachment A must be complete for the referenced Pricing Schedule to be valid. Customer selects and agrees to the MARC, the term length, and the volume discount specified below. This Attachment is effective only when executed along with the referenced AT&T ILEC CompleteLink Pricing Schedule/Confirmation of Service Order. Based upon the Customer-selected Minimum Annual Revenue Commitment (MARC) and Term below, Customer will receive discounts according to the tables on this Attachment. Maximum Annual Discount (MAD) is the maximum amount of discount credits Customer can receive on an annual basis per MARC level. MARC: $ 75,000 MAD $40,000 Term: 2 Yrs. Volume Discount MARC 1 Year Term 2 Year Term 3 Year Term $500 5% 8% 15% $2,500 5% 10% 20% $5,000 5% 10% 25% $10,000 5% 15% 30% $25,000 5% 20% 35% $75,000 5% 25% 40% Hunting Discount – Based on MARC level and Term, Customer will also receive the following additional discounts: 1 Year Term 2 Year Term 3 Year Term Hunting N/A 50% 100% The rates for local exchange business access lines to which the CompleteLink discounts are applied are based upon the state in which the BTN is installed, and are specified in the relevant Tariff(s) or Guidebook(s). The initial BTNs under this Pricing Schedule are listed on Attachment B. End of Document Attachment number 4 Page 1 of 1 Item # 23 CommissionMeetingAgenda 6/21/20115:00PM ApproveMemorandumofUnderstanding(MOU)andInter netServiceProvider(ISP)Connection. Department:InformationTechnology Caption:Motionto approveaMemorandumofUnderstanding(MOU) betweentheAugustaUtilitiesDepartment(AUD)and Information Technology(IT)tojointlyusethefacilitiesat18 32WyldsRoad andapproveinstallinga100MBinternetservicelin efrom WindstreamCommunicationsatthesamelocation.(Approvedby PublicSafetyCommitteeJune13,2011) Background:TheAugustaUtilitiesDepartment(AUD)andInformat ion Technology(IT)willjointlyinhabitthefacilityl ocatedat1832 WyldsRoad.ITwillbeusingaportionofthebuild ingasits DisasterRecovery(DR)site.AUDwillbeusingapo rtionofthe buildingforitsMeteringDivision.Aninternetser vicepresenceis neededtosupportInformationTechnology’sDRsite.Itwillserve asabackupforourinternetservicerunningatthe downtownIT datacenterincaseofafailureandalsoasasupp lementalservice tothemaindowntownservicewhenextracapacityis needed.This willbeaGSAcontractwithWindstreamCommunicatio ns. Analysis:TheAugustaUtilitiesDepartment(AUD)andInformat ion Technology(IT)havemutuallyagreedthatthejoint useofthis facilityisinthebestinterestofbothparties.B yusingthisfacility, ITwillbeabletotakeadvantageofthefunctional equipment currentlyinstalledandreducethecapitalandtime requiredtohave afunctionaldisasterrecoverysite.TheInstallati onofWindstream asanInternetServiceProvider(ISP)iscoveredun dertheattached statecontractandisthelowestpricecurrentlyav ailable. FinancialImpact:FundsareavailableinAugustaUtilitiesDepartment and InformationTechnology’sCapitalandOperatingbudg et. Alternatives:Nonethatmeetrequirementsorbudgetconstraints,atthistime. Recommendation:ApproveaMemorandumofUnderstanding(MOU)between the AugustaUtilitiesDepartment(AUD)andInformation Technology (IT)tojointlyusethefacilitiesat1832WyldsRo ad.ApproveCover Memo Item # 24 installinga100MBinternetservicelinefromWinds tream Communicationsatthesamefacility. FundsareAvailable intheFollowing Accounts: FundsareavailableintheInformationTechnology’s Capitaland Operatingbudget272015410-5232111and101015410-52 32110 REVIEWEDANDAPPROVEDBY : Cover Memo Item # 24 FACILITY SHARING AGREEMENT MEMORANDUM OF UNDERSTANDING THE AUGUSTA UTILITIES DEPARTMENT AND THE AUGUSTA DEPARTMENT OF INFORMATION TECHNOLOGY WHEREAS, The Augusta Utilities Department will purchase and hold deed to said property located at 1832 Wylds Road, Augusta, GA 30901 with respect to the Augusta- Richmond County Consolidated Government. WHEREAS, The Augusta Department of Information Technology has purchased 19.2 % of the facility (as shown in attachment A) located at 1832 Wylds Road, Augusta, GA for the amount of $184,400.00. NOW, THEREFORE, BE IT RESOLVED that The Augusta Utilities Department and The Augusta Department of Information Technology under the conditions hereinafter set forth shall execute the following memorandum of understanding. This Memorandum of Understanding made and entered into as of the ________ day of ________________, 2011 by and between The Augusta Utilities Department and The Augusta Department of Information Technology. SECTION I THE AUGUSTA UTILITIES DEPARTMENT RESPONSIBILITIES 1. The Augusta Utilities Department shall be responsible for the procurement of said property. 2. The Augusta Utilities Department shall be responsible for the maintenance and associated costs for the portion of the facility that shall be occupied by The Augusta Utilities Department. 3. The Augusta Utilities Department shall be responsible for exterior maintenance of said property. 4. The Augusta Utilities Department shall be responsible for all remodeling, construction, and associated costs for the portion of the facility that shall be occupied by The Augusta Utilities Department. Attachment number 1 Page 1 of 5 Item # 24 5. The Augusta Utilities Department shall make every reasonable effort to keep said facility secure. 6. The Augusta Utilities Department will provide The Augusta Department of Information Technology with access to the space occupied by The Augusta Utilities Department for use during the event of an emergency. The method of access (key, card, RFID, etc.) will be kept in a secure location and only be accessible to and used by authorized personnel. A list of authorized personnel will be maintained and approved by each department head. 7. The Augusta Utilities Department will provide The Augusta Department of Information Technology with parking access. SECTION II THE AUGUSTA DEPARTMENT OF INFORMATION TECHNOLOGY RESPONSIBILITIES 1. The Augusta Department of Information Technology shall be responsible for the maintenance and associated costs for the portion of the facility that shall be occupied by The Augusta Department of Information Technology. 2. The Augusta Department of Information Technology shall be responsible for all remodeling, construction, and the associated costs for the portion of the facility that will be occupied by The Augusta Department of Information Technology. 3. The Augusta Department of Information Technology shall make every reasonable effort to keep said facility secure. 4. The Augusta Department of Information Technology shall provide The Augusta Utilities Department with access to the space occupied by The Augusta Department of Information Technology for the purpose of safety and damage control. The method of access (key, card, RFID, etc.) will be kept in a secure location and only be accessible to and used by authorized personnel. A list of authorized personnel will be maintained and approved by each department head. 5. The Augusta Department of Information Technology shall reimburse The Augusta Utilities Department for their portion of the electric bill. This shall be based upon a percentage to be determined, by an electrician, once both parties have inhabited the facility. If either party inhabits the facility prior to the other the Attachment number 1 Page 2 of 5 Item # 24 electric bill will be the responsibility of that party until cohabitation has taken place. SECTION III SHARED RESPONSIBILITIES 1. The Augusta Utilities Department and The Augusta Department of Information Technology shall share all associated costs related to the improvement or maintenance of the structure. These costs shall be based on the square footage occupied by each department. 2. The Augusta Utilities Department and The Augusta Department of Information Technology shall submit to the other, in writing, and collectively agree to the costs associated with such improvements or maintenance of the structure prior to the performance of such improvements or maintenance. 3. If either party desires to no longer inhabit the facility then written notice will be given to the other party one hundred and eighty (180) days prior to their intent to vacate. The vacating party will be responsible for the removal of equipment or improvements to the property. The remaining party will be given first option to procure the facility. If procurement is not possible, the remaining party will be given an additional one hundred and eighty (180) days to vacate the premises. 4. If the facility is to be sold, an appraisal will be performed and the value of the portion of the facility occupied by The Augusta Department of Information Technology and equipment left, if any, will be reimbursed to The Augusta Department of Information Technology. Regardless, Information Technology will be reimbursed adequately, based on initial percentages. SECTION IV TERM AND RENEWAL This agreement shall begin upon the date of execution and continue in force until such time that either party or their governing body shall deem it necessary to terminate or modify the terms and conditions set forth within this agreement. Attachment number 1 Page 3 of 5 Item # 24 The Augusta Utilities Department (AUD) _____________________________________ _________________________ (Tom Wiedemier, Director) (Date) The Augusta Department of Information Technology (IT) _____________________________________ _________________________ (Tameka Allen, Director) (Date) Attachment number 1 Page 4 of 5 Item # 24 24x7 access to facility 24x7 access to parking Fire Suppression segmentation Storage considerations? Attachment number 1 Page 5 of 5 Item # 24 AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES 1 2. AMENDMENT/MODIFICATION NO. MODIFICATION 3. EFFECTIVE DATE SEE BLOCK 16C. 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (IF APPLICABLE) 6. Issued By Code 7. ADMINISTERED BY (If other than Item 6) Code 8. Name and Address of Contractor (No., street, county, State and ZIP Code (x) 9A. AMENDMENT OF SOLICITATION NO. 9B. DATED (SEE ITEM 11) 10A. MODIFICATION OF CONTRACT/ORDER NO. 10B. DATED (SEE ITEM 13) CODE FACILITY CODE 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended X is not extended. Offer's must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15, and returning ________copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. 12. ACCOUNTING AND APPROPRIATION DATA (If required) 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER IS ISSUED PURSUANT TO : (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A. B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b). X C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF : FAR 52.212-4(c) D. OTHER (Specify type of modification and authority) E. IMPORTANT: Contractor is not, X is required to sign this document and return _0 _ copies to the issuing office. 14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.) See Attached Except as provided herein, all terms and conditions of the document referenced in item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect. 15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) 15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED SSiiggnneedd EElleeccttrroonniiccaallllyy SSiiggnneedd EElleeccttrroonniiccaallllyy ________________________________________ BY ______________________________________________ (Signature of person authorized to sign) (Signature of Contracting Officer) NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83) PREVIOUS EDITION UNUSABLE Prescribed by GSA, (Note: This is an FSS reproduction using word processing software FAR (48 CFR) 53.243 1 A095 B21 GSA/FSS/2FXC-1 Contract Management Division 10 Causeway Street, Room 347 Boston, MA 02222 WINDSTREAM NUVOX, INC. 2 NORTH MAIN ST GREENVILLE, SC 296012719 GS-35F-0016TX Oct 05, 2006 Schedule 70 Refresh 26 William Manooch Rita M. McCue Government Services Manager Supervisory Contract Administrator Windstream Nuvox Aug 10, 2010 Aug 10, 2010 Attachment number 2 Page 1 of 130 Item # 24 This Contract Modification contains all the clauses of the solicitation that apply to this contract. By accepting this modification, Contractor agrees that the clauses of the Schedule contract is hereby updated to the version of the clauses listed below. Because this is a base line of all GSA contracts, there is no need to respond to any previous Solicitation refreshment and is bringing all contract(s) to the same refresh level. You have accepted the bilateral modification that adds the E-Verify clause to your FSS contract. The eVerify Clause (52.222-54) was incorporated into the contract. You have accepted to participate in the Recovery Act. Choosing to participate in the Recovery Act permits you to accept orders funded in whole or in part with Recovery Act funds from any level of government, including state or local entities Attachment number 2 Page 2 of 130 Item # 24 Contract Clause Document for Solicitation Number :FCIS-JB-980001-B Refresh Number :26 Contract Number :GS-35F-0016T Created on August 10, 2010 Attachment number 2 Page 3 of 130 Item # 24 TABLE OF CONTENTS Contract Clauses 52.202-1 - DEFINITIONS (JUL 2004)........................................................................................................1 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (DEC 2008)...................1 52.203-15 - WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAR 2009)............................................................................................4 52.203-3 - GRATUITIES (APR 1984).........................................................................................................4 52.203-6 - RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) (ALTERNATE I -- OCT 1995).....................................................................................................................5 52.204-11 - AMERICAN RECOVERY AND REINVESTMENT ACT-REPORTING REQUIREMENTS (MAR 2009).................................................................................................................................................5 52.204-4 - PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)..................8 52.204-9 - PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP 2007)......9 52.207-5 - OPTION TO PURCHASE EQUIPMENT (FEB 1995)..............................................................9 52.212-4 - CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAR 2009) (DEVIATION I - FEB 2007)......................................................................................................................10 52.212-4 - CONTRACT TERMS AND CONDITION--COMMERCIAL ITEMS (MAR 2009) (ALTERNATE I - OCT 2008) (DEVIATION I - FEB 2007)..............................................................................................13 52.212-5 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (FEB 2010) (ALTERNATE II -DEC 2009)...............23 52.215-21 - REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA--MODIFICATIONS (OCT 1997) (ALTERNATE IV - OCT 1997)............... 26 52.216-18 - ORDERING (OCT 1995) (DEVIATION II - FEB 2007).......................................................26 52.216-19 - ORDER LIMITATIONS (OCT 1995) (DEVIATION II - FEB 2007).....................................26 52.216-22 - INDEFINITE QUANTITY (OCT 1995) (DEVIATION I - JAN 1994)................................... 28 52.219-14 - LIMITATIONS ON SUBCONTRACTING (DEC 1996).........................................................28 52.219-16 - LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (JAN 1999).................................28 52.219-28 - POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)........29 52.219-8 - UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004).........................................30 52.219-9 - SMALL BUSINESS SUBCONTRACTING PLAN (APR 2008) (ALTERNATE II -- OCT 2001) (Deviation for MAS Solicitations and Contracts (Dec 2009)....................................................................32 52.222-1 - NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)..............................39 52.222-21 - PROHIBITION OF SEGREGATED FACILITIES (FEB 1999).............................................39 52.222-26 - EQUAL OPPORTUNITY (MAR 2007)..................................................................................39 52.222-3 - CONVICT LABOR (JUN 2003)...............................................................................................41 52.222-35 - EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006)........................................................42 52.222-36 - AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)...................45 52.222-37 - EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006)........................................................46 52.222-41 - SERVICE CONTRACT ACT OF 1965 (NOV 2007)..............................................................47 52.222-42 - STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)..................52 52.222-43 - FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT -- PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (SEP 2009)......................................53 52.222-50 - COMBATING TRAFFICKING IN PERSONS (AUG 2007) (ALTERNATE I - AUG 2007)..54 52.222-50 - COMBATING TRAFFICKING IN PERSONS (FEB 2009)...................................................56 52.222-51 - EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT--REQUIREMENTS (NOV 2007)....................................................................................... 58 52.222-53 - EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT TO CONTRACTS FOR CERTAIN SERVICES--REQUIREMENTS (FEB 2009)............................................58 52.222-54 - EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009)...............................................59 52.223-15 - ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007).................62 Attachment number 2 Page 4 of 130 Item # 24 52.223-16 - IEEE 1680 STANDARD FOR THE ENVIRONMENTAL ASSESSMENT OF PERSONAL COMPUTER PRODUCTS (DEC 2007)....................................................................................................62 52.224-1 - PRIVACY ACT NOTIFICATION (APR 1984).........................................................................63 52.224-2 - PRIVACY ACT (APR 1984).....................................................................................................63 52.225-13 - RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)................................64 52.227-14 - RIGHTS IN DATA--GENERAL (DEC 2007).........................................................................64 52.228-5 - INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997).........................69 52.229-1 - STATE AND LOCAL TAXES (APR 1984) (DEVIATION I - MAY 2003)................................69 52.229-3 - FEDERAL, STATE, AND LOCAL TAXES (APR 2003) (DEVIATION I - FEB 2007)............ 69 52.232-17 - INTEREST (JUN 1996) (DEVIATION I - MAY 2003)...........................................................70 52.232-33 - PAYMENT BY ELECTRONIC FUNDS TRANSFER -- CENTRAL CONTRACTOR REGISTRATION (OCT 2003)...................................................................................................................71 52.232-34 - PAYMENT BY ELECTRONIC FUNDS TRANSFER--OTHER THAN CENTRAL CONTRACTOR REGISTRATION (MAY 1999) (DEVIATION I - FEB 2007)..........................................72 52.232-37 - MULTIPLE PAYMENT ARRANGEMENTS (MAY 1999)..................................................... 74 52.233-1 - DISPUTES (JUL 2002)............................................................................................................74 52.233-3 - PROTEST AFTER AWARD (AUG 1996)................................................................................76 52.233-4 - APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)...........................76 52.237-2 - PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)..........................................................................................................................................................76 52.237-3 - CONTINUITY OF SERVICES (JAN 1991) (DEVIATION I - MAY 2003)...............................77 52.239-1 - PRIVACY OR SECURITY SAFEGUARDS (AUG 1996).........................................................77 52.242-13 - BANKRUPTCY (JUL 1995)...................................................................................................77 52.242-15 - STOP-WORK ORDER (AUG 1989)......................................................................................78 52.247-34 - F.O.B. DESTINATION (NOV 1991) (DEVIATION I - MAY 2003).......................................78 52.247-38 - F.O.B. INLAND CARRIER, POINT OF EXPORTATION (FEB 2006) (DEVIATION I - FEB 2007)..........................................................................................................................................................79 52.247-39 - F.O.B. INLAND POINT, COUNTRY OF IMPORTATION (APR 1984)...............................80 52.247-64 - PREFERENCE FOR PRIVATELY OWNED U.S.--FLAG COMMERCIAL VESSELS (FEB 2006) (ALTERNATE I -- APR 2003).........................................................................................................80 52.252-2 - CLAUSES INCORPORATED BY REFERENCE (FEB 1998).................................................81 552.203-71 - RESTRICTION ON ADVERTISING (SEP 1999)................................................................ 83 552.211-15 - DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM REQUIREMENTS (SEP 2004).83 552.211-75 - PRESERVATION, PACKAGING, AND PACKING (FEB 1996) (ALTERNATE I - MAY 2003)..........................................................................................................................................................84 552.211-77 - PACKING LIST (FEB 1996) (ALTERNATE I - MAY 2003)................................................84 552.211-78 - COMMERCIAL DELIVERY SCHEDULE (MULTIPLE AWARD SCHEDULE) (FEB 1996)..........................................................................................................................................................84 552.212-70 - PREPARATION OF OFFER (MULTIPLE AWARD SCHEDULE) (AUG 1997)............... 85 552.212-71 - CONTRACT TERMS AND CONDITIONS APPLICABLE TO GSA ACQUISITION OF COMMERCIAL ITEMS (JUL 2003)......................................................................................................... 86 552.212-72 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO GSA ACQUISITION OF COMMERCIAL ITEMS (SEP 2003)..........................................................................................................................................................87 552.215-71 - EXAMINATION OF RECORDS BY GSA (MULTIPLE AWARD SCHEDULE) (JUL 2003)..........................................................................................................................................................87 552.215-72 - PRICE ADJUSTMENT--FAILURE TO PROVIDE ACCURATE INFORMATION (AUG 1997)..........................................................................................................................................................87 552.216-70 - ECONOMIC PRICE ADJUSTMENT -- FSS MULTIPLE AWARD SCHEDULE CONTRACTS (SEP 1999) (ALTERNATE I - SEP 1999).......................................................................... 88 552.216-72 - PLACEMENT OF ORDERS (SEP 1999) (ALTERNATE IV -- FEB 2007)......................... 89 552.229-71 - FEDERAL EXCISE TAX--DC GOVERNMENT (SEP 1999).............................................. 90 552.232-23 - ASSIGNMENT OF CLAIMS (SEP 1999)............................................................................ 90 552.232-74 - INVOICE PAYMENTS (SEP 1999).....................................................................................90 552.232-79 - PAYMENT BY CREDIT CARD (MAY 2003).......................................................................92 552.232-8 - DISCOUNTS FOR PROMPT PAYMENT (APR 1989) (DEVIATION FAR 52.232-8) (ALTERNATE I - MAY 2003)....................................................................................................................92 552.232-81 - PAYMENTS BY NON-FEDERAL ORDERING ACTIVITIES (MAY 2003).........................93 552.232-83 - CONTRACTOR'S BILLING RESPONSIBILITIES (MAY 2003)..........................................93 552.238-70 - IDENTIFICATION OF ELECTRONIC OFFICE EQUIPMENT PROVIDING Attachment number 2 Page 5 of 130 Item # 24 ACCESSIBILITY FOR THE HANDICAPPED (SEP 1991)......................................................................93 552.238-71 - SUBMISSION AND DISTRIBUTION OF AUTHORIZED FSS SCHEDULE PRICELISTS (SEP 1999) (DEVIATION I - DEC 2004)................................................................................................. 94 552.238-72 - IDENTIFICATION OF PRODUCTS THAT HAVE ENVIRONMENTAL ATTRIBUTES (SEP 2003)..........................................................................................................................................................94 552.238-73 - CANCELLATION (SEP 1999).............................................................................................96 552.238-74 - INDUSTRIAL FUNDING FEE AND SALES REPORTING (JUL 2003)............................ 96 552.238-75 - PRICE REDUCTIONS (MAY 2004) (ALTERNATE I - MAY 2003)....................................97 552.238-76 - DEFINITION (FEDERAL SUPPLY SCHEDULES) -- RECOVERY PURCHASING (FEB 2007)..........................................................................................................................................................98 552.238-77 - DEFINITION (FEDERAL SUPPLY SCHEDULES) (MAY 2003).......................................99 552.238-78 - SCOPE OF CONTRACT (ELIGIBLE ORDERING ACTIVITIES) (MAY 2004) (ALTERNATE I -- FEB 2007)................................................................................................................... 99 552.238-79 - USE OF FEDERAL SUPPLY SCHEDULE CONTRACTS BY CERTAIN ENTITIES--COOPERATIVE PURCHASING (MAY 2004).....................................................................100 552.238-80 - USE OF FEDERAL SUPPLY SCHEDULE CONTRACTS BY CERTAIN ENTITIES -- RECOVERY PURCHASING (FEB 2007)............................................................................................... 102 552.243-72 - MODIFICATIONS (MULTIPLE AWARD SCHEDULE) (JUL 2000) (ALTERNATE I - SEP 1999)........................................................................................................................................................103 C-FSS-370 - CONTRACTOR TASKS / SPECIAL REQUIREMENTS (NOV 2003)................................105 C-FSS-412 - CHARACTERISTICS OF ELECTRIC CURRENT (MAY 2000)........................................ 106 C-FSS-427 - ANSI STANDARDS (JUL 1991).........................................................................................106 CI-FSS-002 - SUBMISSION OF OFFERS -- ADDITIONAL INSTRUCTIONS (MAR 1996)................ 106 CI-FSS-052 - AUTHENTICATION OF PRODUCTS AND SERVICES (JAN 2010)..............................106 CI-FSS-055 - COMMERCIAL SATELLITE COMMUNICATION (COMSATCOM) SERVICES (JAN 2010)........................................................................................................................................................108 CI-FSS-056 - FEDERAL ACQUISITION REGULATION (FAR) PART 51 DEVIATION AUTHORITY (FEDERAL SUPPLY SCHEDULES) (JAN 2010)...................................................................................111 D-FSS-471 - MARKING AND DOCUMENTATION REQUIREMENTS PER SHIPMENT (APR 1984)111 D-FSS-477 - TRANSSHIPMENTS (APR 1984).......................................................................................112 F-FSS-202-F - DELIVERY PRICES (APR 1984)....................................................................................112 F-FSS-202-G - DELIVERY PRICES (JAN 1994)....................................................................................113 F-FSS-230 - DELIVERIES TO THE U.S. POSTAL SERVICE (JAN 1994)............................................114 G-FSS-900-C - CONTACT FOR CONTRACT ADMINISTRATION (JUL 2003)...................................114 G-FSS-906 - VENDOR MANAGED INVENTORY (VMI) PROGRAM (MAS) (JAN 1999)....................115 G-FSS-907 - ORDER ACKNOWLEDGEMENT (APR 1984)................................................................. 115 G-FSS-910 - DELIVERIES BEYOND THE CONTRACTUAL PERIOD-PLACING OF ORDERS (OCT 1988)........................................................................................................................................................115 I-FSS-106 - GUARANTEED MINIMUM (JUL 2003).............................................................................115 I-FSS-108 - CLAUSES FOR OVERSEAS COVERAGE (MAY 2000)..................................................... 116 I-FSS-109 - ENGLISH LANGUAGE AND U.S. DOLLAR REQUIREMENTS (MAR 1998).................. 116 I-FSS-140-B - URGENT REQUIREMENTS (JAN 1994)........................................................................116 I-FSS-163 - OPTION TO EXTEND THE TERM OF THE CONTRACT (EVERGREEN) (APR 2000)..116 I-FSS-314 - FOREIGN TAXES AND DUTIES (DEC 1990)...................................................................117 I-FSS-40 - CONTRACTOR TEAM ARRANGEMENTS (JUL 2003).......................................................117 I-FSS-50 - PERFORMANCE REPORTING REQUIREMENTS (FEB 1995).........................................117 I-FSS-594 - PARTS AND SERVICE (OCT 1988)................................................................................... 117 I-FSS-597 - GSA ADVANTAGE! (SEP 2000).........................................................................................118 I-FSS-599 - ELECTRONIC COMMERCE--FACNET (SEP 2006).........................................................118 I-FSS-60 - PERFORMANCE INCENTIVES (APR 2000)....................................................................... 120 I-FSS-600 - CONTRACT PRICE LISTS (JUL 2004) (ALTERNATE I - DEC 2008).............................. 120 I-FSS-639 - CONTRACT SALES CRITERIA (MAR 2002)......................................................................121 I-FSS-644 - DEALERS AND SUPPLIERS (OCT 1988)..........................................................................121 I-FSS-646 - BLANKET PURCHASE AGREEMENTS (MAY 2000)........................................................122 I-FSS-680 - DISSEMINATION OF INFORMATION BY CONTRACTOR (APR 1984)......................... 122 I-FSS-918 - IMPREST FUNDS (PETTY CASH) (MAY 2000)................................................................122 I-FSS-969 - ECONOMIC PRICE ADJUSTMENT-FSS MULTIPLE AWARD SCHEDULE (JAN 2002)122 Attachment number 2 Page 6 of 130 Item # 24 52.202-1 DEFINITIONS (JUL 2004) (a) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless— (1) The solicitation, or amended solicitation, provides a different definition; (2) The contracting parties agree to a different definition; (3) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or (4) The word or term is defined in FAR Part 31, for use in the cost principles and procedures. (b) The FAR Index is a guide to words and terms the FAR defines and shows where each definition is located. The FAR Index is available via the Internet at http://www.acqnet.gov at the end of the FAR, after the FAR Appendix. 52.203-13 Contractor Code of Business Ethics and Conduct (DEC 2008) (a) Definitions. As used in this clause-- Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization. Full cooperation-- (1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information; (2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require-- (i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or (ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and (3) Does not restrict a Contractor from-- (i) Conducting an internal investigation; or (ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation. Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment; and similar positions). Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. Page: 1 of 124 Attachment number 2 Page 7 of 130 Item # 24 Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor. United States means the 50 States, the District of Columbia, and outlying areas. (b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall-- (i) Have a written code of business ethics and conduct; (ii) Make a copy of the code available to each employee engaged in performance of the contract. (2) The Contractor shall-- (i) Exercise due diligence to prevent and detect criminal conduct; and (ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law. (3) (i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed-- (A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or (B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733). (ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked “confidential“ or “proprietary” by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction. (iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract. (c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period: (1) An ongoing business ethics awareness and compliance program. (i) This program shall include reasonable steps to communicate periodically and in a Page: 2 of 124 Attachment number 2 Page 8 of 130 Item # 24 practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual's respective roles and responsibilities. (ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as appropriate, the Contractor's agents and subcontractors. (2) An internal control system. (i) The Contractor's internal control system shall-- (A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and (B) Ensure corrective measures are promptly instituted and carried out. (ii) At a minimum, the Contractor's internal control system shall provide for the following: (A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system. (B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct. (C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of Government contracting, including-- (1) Monitoring and auditing to detect criminal conduct; (2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and (3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process. (D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports. (E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct. (F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontractor thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 Page: 3 of 124 Attachment number 2 Page 9 of 130 Item # 24 U.S.C. 3729-3733). (1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation. (2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies' contracting officers. (3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract. (4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause. (G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions. (d) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that have a value in excess of $5,000,000 and a performance period of more than 120 days. (2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer. 52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAR 2009) (a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5). (b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts. 52.203-3 GRATUITIES (APR 1984) (a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative— (1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and (2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract. (b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction. Page: 4 of 124 Attachment number 2 Page 10 of 130 Item # 24 (c) If this contract is terminated under paragraph (a) above, the Government is entitled— (1) To pursue the same remedies as in a breach of the contract; and (2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.) (d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) (ALTERNATE I—OCT 1995) (a) Except as provided in (b) below, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract. (b) The prohibition in paragraph (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation. For acquisitions of commercial items, the prohibition in paragraph (a) applies only to the extent that any agreement restricting sales by subcontractors results in the Federal Government being treated differently from any other prospective purchaser for the sale of the commercial item(s). (c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold. 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. Page: 5 of 124 Attachment number 2 Page 11 of 130 Item # 24 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. Page: 6 of 124 Attachment number 2 Page 12 of 130 Item # 24 (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. Page: 7 of 124 Attachment number 2 Page 13 of 130 Item # 24 (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. 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000) (a) Definitions. As used in this clause— Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.” For paper and paper products, postconsumer material means “postconsumer fiber” defined by the U.S. Environmental Protection Agency (EPA) as— (1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth, after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; or (2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not (3) Fiber derived from printers' over-runs, converters' scrap, and over-issue publications. Printed or copied double-sided means printing or reproducing a document so that information is on both sides of a sheet of paper. Recovered material, for paper and paper products, is defined by EPA in its Comprehensive Page: 8 of 124 Attachment number 2 Page 14 of 130 Item # 24 Procurement Guideline as “recovered fiber” and means the following materials: (1) Postconsumer fiber; and (2) Manufacturing wastes such as— (i) Dry paper and paperboard waste generated after completion of the papermaking process (that is, those manufacturing operations up to and including the cutting and trimming of the paper machine reel into smaller rolls or rough sheets) including: envelope cuttings, bindery trimmings, and other paper and paperboard waste resulting from printing, cutting, forming, and other converting operations; bag, box, and carton manufacturing wastes; and butt rolls, mill wrappers, and rejected unused stock; and (ii) Repulped finished paper and paperboard from obsolete inventories of paper and paperboard manufacturers, merchants, wholesalers, dealers, printers, converters, or others. (b) In accordance with Section 101 of Executive Order 13101 of September 14, 1998, Greening the Government through Waste Prevention, Recycling, and Federal Acquisition, the Contractor is encouraged to submit paper documents, such as offers, letters, or reports, that are printed or copied double-sided on recycled paper that meet minimum content standards specified in Section 505 of Executive Order 13101, when not using electronic commerce methods to submit information or data to the Government. (c) If the Contractor cannot purchase high-speed copier paper, offset paper, forms bond, computer printout paper, carbonless paper, file folders, white wove envelopes, writing and office paper, book paper, cotton fiber paper, and cover stock meeting the 30 percent postconsumer material standard for use in submitting paper documents to the Government, it should use paper containing no less than 20 percent postconsumer material. This lesser standard should be used only when paper meeting the 30 percent postconsumer material standard is not obtainable at a reasonable price or does not meet reasonable performance standards. 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP 2007) (a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201. (b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. 52.207-5 OPTION TO PURCHASE EQUIPMENT (FEB 1995) (a) The Government may purchase the equipment provided on a lease or rental basis under this contract. The Contracting Officer may exercise this option only by providing a unilateral modification to the Contractor. The effective date of the purchase will be specified in the unilateral modification and may be any time during the period of the contract, including any extensions thereto. (b) Except for final payment and transfer of title to the Government, the lease or rental portion of the contract becomes complete and lease or rental charges shall be discontinued on the day immediately preceding the effective date of purchase specified in the unilateral modification required in paragraph (a) of this clause. Page: 9 of 124 Attachment number 2 Page 15 of 130 Item # 24 (c) The purchase conversion cost of the equipment shall be computed as of the effective date specified in the unilateral modification required in paragraph (a) of this clause, on the basis of the purchase price set forth in the contract, minus the total purchase option credits accumulated during the period of lease or rental, calculated by the formula contained elsewhere in this contract. (d) The accumulated purchase option credits available to determine the purchase conversion cost will also include any credits accrued during a period of lease or rental of the equipment under any previous Government contract if the equipment has been on continuous lease or rental. The movement of equipment from one site to another site shall be “continuous rental.” 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (MAR 2009) (DEVIATION FEB 2007) (a)Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The ordering activity reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The ordering activity 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 ordering activity may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The ordering activity must exercise its postacceptance 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 credit 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 ordering activity 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 of 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— Page: 10 of 124 Attachment number 2 Page 16 of 130 Item # 24 (i) Nam e 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 an ordering activity 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 ordering activity 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 ordering activity 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 ordering activity that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The ordering activity 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 ordering activity makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. Page: 11 of 124 Attachment number 2 Page 17 of 130 Item # 24 (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 ordering activity has otherwise overpaid on a contract financing or invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment. (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 ordering activity upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the ordering activity 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 Ordering Activity’s convenience. The ordering activity 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 ordering activity 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 ordering activity 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 ordering activity 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 ordering activity, upon request, with adequate assurances of future performance. In the event of termination for cause, the ordering activity shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the ordering activity for any and all rights and remedies provided by law. If it is determined that the ordering activity 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 ordering activity upon acceptance, regardless of when or where the ordering activity 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 ordering activity 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 Page: 12 of 124 Attachment number 2 Page 18 of 130 Item # 24 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 ordering activity 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 ordering activity’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. 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAR 2009) (ALTERNATE I -OCT 2008) Page: 13 of 124 Attachment number 2 Page 19 of 130 Item # 24 (DEVIATION I – FEB 2007) (a)Inspection/Acceptance. (1) The ordering activity has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The ordering activity may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The ordering activity will perform inspections and tests in a manner that will not unduly delay the work. (2) If the ordering activity performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties. (3) Unless otherwise specified in the contract, the ordering activity will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier. (4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the ordering activity may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the ``hourly rate'' for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the ``hourly rate'' attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. .. (5) (i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the ordering activity), the ordering activity may # (A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or (B) Terminate this contract for cause. (ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract. (6) Notwithstanding paragraphs (a)(4) and (5) above, the ordering activity may at any time require the Contractor to remedy by correction or replacement, without cost to the ordering activity, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-- (i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or (ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified. (7) This clause applies in the same manner and to the same extent to corrected or replacement Page: 14 of 124 Attachment number 2 Page 20 of 130 Item # 24 materials or services as to materials and services originally delivered under this contract. (8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract. (9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace ordering activity-furnished property shall be governed by the clause pertaining to ordering activity property. (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 credit 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.# (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause-- (i)Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service. (ii)Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-- (A) Performed by the contractor; (B) Performed by the subcontractors; or (C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control. (iii)Materials means-- (A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control; (B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract; (C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.); (D) The following subcontracts for services which are specifically excluded from the hourly rate: Not Applicable; and (E) Indirect costs specifically provided for in this clause. Page: 15 of 124 Attachment number 2 Page 21 of 130 Item # 24 (iv)Subcontract means any contract, as defined in FAR Subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders. (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 ordering activity 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 of 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 ordering activity 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 ordering activity 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 ordering activity and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, Page: 16 of 124 Attachment number 2 Page 22 of 130 Item # 24 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) Payments.# (1) Services accepted. Payment shall be made for services accepted by the ordering activity that have been delivered to the delivery destination(s) set forth in this contract. The ordering activity will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer: (i) Hourly rate. (A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis. (B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer. (C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative. (D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract. (E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis. (1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated. (2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract. (3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer. (ii) Materials. (A) If the Contractor furnishes materials that meet the definition of a commercial item at FAR 2.101, the price to be paid for such materials shall be the contractor's established catalog or market price, adjusted to reflect the-- (1) Quantities being acquired; and (2) Any modifications necessary because of contract requirements. (B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the ordering activity will reimburse the Contractor the actual cost of materials (less Page: 17 of 124 Attachment number 2 Page 23 of 130 Item # 24 any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-- (1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or (2) Makes these payments within 30 days of the submission of the Contractor's payment request to the ordering activity and such payment is in accordance with the terms and conditions of the agreement or invoice. (C) To the extent able, the Contractor shall-- (1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and (2) Give credit to the ordering activity for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract. (D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed. (1) Other Direct Costs. The ordering activity will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: None. Other Direct Costs shall be determined at the Task Order Level.. (2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The ordering activity will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: None. Indirect Costs shall be determined at the Task Order Level.. (2)Total cost.It is estimated that the total cost to the ordering activity for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the ordering activity for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the ordering activity for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the ordering activity has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract. (3)Ceiling price. The ordering activity will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price. Page: 18 of 124 Attachment number 2 Page 24 of 130 Item # 24 (4)Access to records.At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer): (i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract; (ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment-- (A) The original timecards (paper-based or electronic); (B) The Contractor's timekeeping procedures; (C) Contractor records that show the distribution of labor between jobs or contracts; and (D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices. (iii) For material and subcontract costs that are reimbursed on the basis of actual cost-- (A) Any invoices or subcontract agreements substantiating material costs; and (B) Any documents supporting payment of those invoices. (5)Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The ordering activity within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor's payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the ordering activity has otherwise overpaid on an 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) (i) All amounts that become payable by the Contractor to the ordering activity 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, and then at the rate applicable for each six month period as established by the Secretary until the amount is paid. (ii) The ordering activity may issue a demand for payment to the Contractor upon finding a debt is due under the contract. Page: 19 of 124 Attachment number 2 Page 25 of 130 Item # 24 (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 in a timely manner; (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 FAR 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 ordering activity 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. (viii) Upon receipt and approval of the invoice designated by the Contractor as the “completion invoice” and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion. (7)Release of claims. The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the ordering activity, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions. (i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exact statement by the Contractor. Page: 20 of 124 Attachment number 2 Page 26 of 130 Item # 24 (ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the ordering activity is prepared to make final payment, whichever is earlier. (iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the ordering activity against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents. (8)Prompt payment. The ordering activity will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (9)Electronic Funds Transfer (EFT). If the ordering activity makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (10)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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (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 ordering activity upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the ordering activity 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 ordering activity's convenience. The ordering activity 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 an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the ordering activity using its standard record keeping system that 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 ordering activity any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (m)Termination for cause. The ordering activity 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 ordering activity, upon request, with adequate assurances of future performance. In the event of termination for cause, the ordering activity shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the ordering activity for any and all rights and remedies provided by law. If it is determined that the ordering activity 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 ordering activity upon acceptance, regardless of when or where the ordering activity takes Page: 21 of 124 Attachment number 2 Page 27 of 130 Item # 24 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 ordering activity 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 ordering activity 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 ordering activity’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, Page: 22 of 124 Attachment number 2 Page 28 of 130 Item # 24 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. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (FEB 2010)(ALTERNATE II – MAY 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: Number Title Clause/Provision 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (DEC 2008) Clause 52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAR 2009) Clause 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) (ALTERNATE I -- OCT 1995) Clause 52.204-11 AMERICAN RECOVERY AND REINVESTMENT ACT-REPORTING REQUIREMENTS (MAR 2009) Clause 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996) Clause 52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (JAN 1999) Clause 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004) Clause 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) Clause 52.222-26 EQUAL OPPORTUNITY (MAR 2007) Clause 52.222-3 CONVICT LABOR (JUN 2003)Clause 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006) Clause 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) Clause Page: 23 of 124 Attachment number 2 Page 29 of 130 Item # 24 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006) Clause 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) Clause 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007) Clause 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) Clause 52.225-5 TRADE AGREEMENTS (AUG 2009) Clause 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER -- CENTRAL CONTRACTOR REGISTRATION (OCT 2003) Clause 52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996) Clause 52.247-64 PREFERENCE FOR PRIVATELY OWNED U.S.--FLAG COMMERCIAL VESSELS (FEB 2006) (ALTERNATE I -- APR 2003) Clause (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: Number Title Clause/Provision 52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007) Clause 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989) Clause 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT -- PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (SEP 2009) Clause 52.222-51 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT--REQUIREMENTS (NOV 2007) Clause 52.222-53 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT TO CONTRACTS FOR CERTAIN SERVICES--REQUIREMENTS (FEB 2009) Clause 52.223-16 IEEE 1680 STANDARD FOR THE ENVIRONMENTAL ASSESSMENT OF PERSONAL COMPUTER PRODUCTS (DEC 2007) Clause (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, 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 right to— (i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions. (2) The Contractor shall make available at its offices at all reasonable times the records, Page: 24 of 124 Attachment number 2 Page 30 of 130 Item # 24 materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settelement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i)Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (A) 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)). (B) 52.203–15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub. L. 111–5). (C) 52.219–8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities. (D) 52.222–26, Equal Opportunity (Mar 2007) (E.O. 11246). (E) 52.222–35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (F) 52.222–36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (G) 52.222–41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (H) 52.222–50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). (I) 2.222–51, 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.). (J) 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.). Page: 25 of 124 Attachment number 2 Page 31 of 130 Item # 24 (K) 52.222-54, Employment Eligibility Verification (Jan 2009). (L) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (M) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247–64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. 52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA—MODIFICATIONS (OCT 1997) (ALTERNATE IV—OCT 1997) (a) Submission of cost or pricing data is not required. (b) Provide information described below. (1) Information required by the clause at 552.243-72, Modifications (Multiple Award Schedule) (2) Any additional supporting information requested by the Contracting Officer. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether the price(s) offered is fair and reasonable. (3) By submitting a request for modification, the Contractor grants the Contracting Officer or an authorized representative the right to examine, at any time before agreeing to a modification, books, records, documents, papers, and other directly pertinent records to verify the pricing, sales and other data related to the supplies or services proposed in order to determine the reasonableness of price(s). Access does not extend to Contractor's cost or profit information or other data relevant solely to the Contractor's determination of the prices to be offered in the catalog or marketplace. 52.216-18 ORDERING (OCT 1995) (DEVIATION II -- FEB 2007) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award through Contract expiration date. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered “issued” when the ordering activity deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. 52.216-19 ORDER LIMITATIONS (OCT 1995) (DEVIATION II — FEB 2007)16.506(b) (a) Minimum order. When the ordering activity requires supplies or services covered by this contract in an amount of less than $100, the ordering activity is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. Page: 26 of 124 Attachment number 2 Page 32 of 130 Item # 24 (b) Maximum order. The Contractor is not obligated to honor— (1) Any order for a single item in excess of ITEM NUMBER/SIN MAXIMUM ORDER 132-3 $500,000 per order 132-4 $500,000 per order 132-8 $500,000 per order 132-9 $500,000 per order 132-12 $500,000 per order 132-32 $500,000 per order 132-33 $500,000 per order 132-34 $500,000 per order 132-50 $ 25,000 per order 132-51 $500,000 per order 132-52 $500,000 per order 132-53 $500,000 per order 132-60A $1,000,000 per order 132-60B $1,000,000 per order 132-60C $1,000,000 per order 132-60D $1,000,000 per order 132-60E $1,000,000 per order 132-60F $1,000,000 per order 132-61 $1,000,000 per order 132-62 $1,000,000 per order; (2) Any order for a combination of items in excess of ITEM NUMBER/SIN MAXIMUM ORDER 132-3 $500,000 per order 132-4 $500,000 per order 132-8 $500,000 per order 132-9 $500,000 per order 132-12 $500,000 per order 132-32 $500,000 per order 132-33 $500,000 per order 132-34 $500,000 per order 132-50 $ 25,000 per order 132-51 $500,000 per order 132-52 $500,000 per order 132-53 $500,000 per order 132-60A $1,000,000 per order 132-60B $1,000,000 per order 132-60C $1,000,000 per order 132-60D $1,000,000 per order 132-60E $1,000,000 per order 132-60F $1,000,000 per order 132-61 $1,000,000 per order 132-62 $1,000,000 per order; or (3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the ordering activity is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order Page: 27 of 124 Attachment number 2 Page 33 of 130 Item # 24 exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 24 hours days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the ordering activity may acquire the supplies or services from another source. 52.216-22 INDEFINITE QUANTITY (DEVIATION I—JAN 1994) 16.506(e) FSS A/L FC-94-2 (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule. The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Guaranteed Minimum clause and the Delivery Order Limitations clause, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period. 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996) (a) This clause does not apply to the unrestricted portion of a partial set-aside. (b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for— (1)Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern. (2)Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials. (3)General construction. The concern will, perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees. (4)Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees. 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (JAN 1999) (a) “Failure to make a good faith effort to comply with the subcontracting plan”, as used in this clause, means a willful or intentional failure to perform in accordance with the requirements of the subcontracting plan approved under the clause in this contract entitled “Small Business Subcontracting Plan,” or willful or intentional action to frustrate the plan. (b) Performance shall be measured by applying the percentage goals to the total actual subcontracting Page: 28 of 124 Attachment number 2 Page 34 of 130 Item # 24 dollars or, if a commercial plan is involved, to the pro rata share of actual subcontracting dollars attributable to Government contracts covered by the commercial plan. If, at contract completion or, in the case of a commercial plan, at the close of the fiscal year for which the plan is applicable, the Contractor has failed to meet its subcontracting goals and the Contracting Officer decides in accordance with paragraph (c) of this clause that the Contractor failed to make a good faith effort to comply with its subcontracting plan, established in accordance with the clause in this contract entitled “Small Business Subcontracting Plan,” the Contractor shall pay the Government liquidated damages in an amount stated. The amount of probable damages attributable to the Contractor's failure to comply shall be an amount equal to the actual dollar amount by which the Contractor failed to achieve each subcontract goal. (c) Before the Contracting Officer makes a final decision that the Contractor has failed to make such good faith effort, the Contracting Officer shall give the Contractor written notice specifying the failure and permitting the Contractor to demonstrate what good faith efforts have been made and to discuss the matter. Failure to respond to the notice may be taken as an admission that no valid explanation exists. If, after consideration of all the pertinent data, the Contracting Officer finds that the Contractor failed to make a good faith effort to comply with the subcontracting plan, the Contracting Officer shall issue a final decision to that effect and require that the Contractor pay the Government liquidated damages as provided in paragraph (b) of this clause. (d) With respect to commercial plans, the Contracting Officer who approved the plan will perform the functions of the Contracting Officer under this clause on behalf of all agencies with contracts covered by the commercial plan. (e) The Contractor shall have the right of appeal, under the clause in this contract entitled Disputes, from any final decision of the Contracting Officer. (f) Liquidated damages shall be in addition to any other remedies that the Government may have. 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 Page: 29 of 124 Attachment number 2 Page 35 of 130 Item # 24 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 ______ assigned to contract number ______. AUTHORIZED SIGNER'S NAME AUTHORIZED SIGNER'S TITLE (Signature) (Date) 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004) (a) It is the policy of the United States that small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, veteran-owned small business concerns, service-disabled veteran-owned Page: 30 of 124 Attachment number 2 Page 36 of 130 Item # 24 small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns. (b) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor's compliance with this clause. (c) Definitions. As used in this contract— HUBZone small business concern means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration. Service-disabled veteran-owned small business concern— (1) Means a small business concern— (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). Small business concern means a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. Small disadvantaged business concern means a small business concern that represents, as part of its offer that— (1) It has received certification as a small disadvantaged business concern consistent with 13 CFR part 124, subpart B; (2) No material change in disadvantaged ownership and control has occurred since its certification; (3) Where the concern is owned by one or more individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (4) It is identified, on the date of its representation, as a certified small disadvantaged business in the database maintained by the Small Business Administration (PRO-Net). Veteran-owned small business concern means a small business concern— (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. Page: 31 of 124 Attachment number 2 Page 37 of 130 Item # 24 Women-owned small business concern means a small business concern— (1) That is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (d) Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as a small business concern, a veteran-owned small business concern, a service-disabled veteran-owned small business concern, a HUBZone small business concern, a small disadvantaged business concern, or a women-owned small business concern. 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (APR 2008) (ALTERNATE II – OCT 2001) (DEVIATION FOR MAS SOLICITATIONS AND CONTRACTS – DEC 2009) (a) This clause does not apply to small business concerns. (b) Definitions. As used in this clause— “Alaska Native Corporation (ANC)” means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.) and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2). “Commercial item” means a product or service that satisfies the definition of commercial item in section 2.101 of the Federal Acquisition Regulation. “Commercial plan” means a subcontracting plan (including goals) that covers the offeror’s fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line). “Electronic Subcontracting Reporting System (eSRS)” means the Governmentwide, electronic, web-based system for small business subcontracting program reporting. The eSRS is located at http://www.esrs.gov. “Indian tribe” means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601 et seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e). “Individual contract plan” means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror’s planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract. “Master plan” means a subcontracting plan that contains all the required elements of an individual contract plan, except goals, and may be incorporated into individual contract plans, provided the master plan has been approved. “Subcontract” means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract. Page: 32 of 124 Attachment number 2 Page 38 of 130 Item # 24 (c) Proposals submitted in response to this solicitation shall include a subcontracting plan that separately addresses subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. If the offeror is submitting an individual contract plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate a subcontracting plan shall make the offeror ineligible for award of a contract. (d) The offeror’s subcontracting plan shall include the following: (1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors. The offeror shall include all sub-contracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 43 U.S.C. 1626: (i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small disadvantaged business (SDB) concerns, regardless of the size or Small Business Administration certification status of the ANC or Indian tribe. (ii) Where one or more subcontractors are in the subcontract tier between the prime contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate contractor(s) to count the subcontract towards its small business and small disadvantaged business subcontracting goals. (A) In most cases, the appropriate Contractor is the Contractor that awarded the subcontract to the ANC or Indian tribe. (B) If the ANC or Indian tribe designates more than one Contractor to count the subcontract toward its goals, the ANC or Indian tribe shall designate only a portion of the total subcontract award to each Contractor. The sum of the amounts designated to various Contractors cannot exceed the total value of the subcontract. (C) The ANC or Indian tribe shall give a copy of the written designation to the Contracting Officer, the prime Contractor, and the subcontractors in between the prime Contractor and the ANC or Indian tribe within 30 days of the date of the subcontract award. (D) If the Contracting Officer does not receive a copy of the ANC’s or the Indian tribe’s written designation within 30 days of the subcontract award, the Contractor that awarded the subcontract to the ANC or Indian tribe will be considered the designated Contractor. (2) A statement of— (i) Total dollars planned to be subcontracted for an individual contract plan; or the offeror’s total projected sales, expressed in dollars, and the total value of projected subcontracts to support the sales for a commercial plan; (ii) Total dollars planned to be subcontracted to small business concerns (including ANC and Indian tribes); Page: 33 of 124 Attachment number 2 Page 39 of 130 Item # 24 (iii) Total dollars planned to be subcontracted to veteran-owned small business concerns; (iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business; (v) Total dollars planned to be subcontracted to HUBZone small business concerns; (vi) Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Indian tribes); and (vii) Total dollars planned to be subcontracted to women-owned small business concerns. (3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to— (i) Small business concerns; (ii) Veteran-owned small business concerns; (iii) Service-disabled veteran-owned small business concerns; (iv) HUBZone small business concerns; (v) Small disadvantaged business concerns; and (vi) Women-owned small business concerns. (4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause. (5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, the Central Contractor Registration database (CCR), veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged, and women-owned small business trade associations). A firm may rely on the information contained in CCR as an accurate representation of a concern’s size and ownership characteristics for the purposes of maintaining a small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, and women-owned small business source list. Use of CCR as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause. (6) A statement as to whether or not the offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with— (i) Small business concerns (including ANC and Indian tribes); (ii) Veteran-owned small business concerns; (iii) Service-disabled veteran-owned small business concerns; (iv) HUBZone small business concerns; (v) Small disadvantaged business concerns (including ANC and Indian tribes); and (vi) Women-owned small business concerns. (7) The name of the individual employed by the offeror who will administer the offeror’s subcontracting program, and a description of the duties of the individual. (8) A description of the efforts the offeror will make to assure that small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns have an equitable opportunity to compete for subcontracts. Page: 34 of 124 Attachment number 2 Page 40 of 130 Item # 24 (9) Assurances that the offeror will include the clause of this contract entitled “Utilization of Small Business Concerns” in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of $550,000 ($1,000,000 for construction of any public facility) with further subcontracting possibilities to adopt a subcontracting plan that complies with the requirements of this clause. (10) Assurances that the offeror will— (i) Cooperate in any studies or surveys as may be required; (ii) Submit GSA semi-annual reports so that GSA can determine the extent of compliance by the offeror with the subcontracting plan; (iii) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract Report (SSR), in accordance with paragraph (l) of this clause using the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov. The reports shall provide information on subcontract awards to small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, women-owned small business concerns, and Historically Black Colleges and Universities and Minority Institutions. Reporting shall be in accordance with this clause, or as provided in agency regulations; (iv) Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using eSRS; (v) Provide its prime contract number, its DUNS number, and the e-mail address of the Government or Contractor official responsible for acknowledging or rejecting the reports, to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their reports; and (vi) Require that each subcontractor with a subcontracting plan provide the prime contract number, its own DUNS number, and the e-mail address of the Government or Contractor official responsible for acknowledging or rejecting the reports, to its subcontractors with subcontracting plans. (11) A description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the offeror’s efforts to locate small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated): (i) Source lists (e.g., CCR), guides, and other data that identify small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. (ii) Organizations contacted in an attempt to locate sources that are small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, or women-owned small business concerns. (iii) Records on each subcontract solicitation resulting in an award of more than $100,000, indicating— (A) Whether small business concerns were solicited and, if not, why not; Page: 35 of 124 Attachment number 2 Page 41 of 130 Item # 24 (B) Whether veteran-owned small business concerns were solicited and, if not, why not; (C) Whether service-disabled veteran-owned small business concerns were solicited and, if not, why not; (D) Whether HUBZone small business concerns were solicited and, if not, why not; (E) Whether small disadvantaged business concerns were solicited and, if not, why not; (F) Whether women-owned small business concerns were solicited and, if not, why not; and (G) If applicable, the reason award was not made to a small business concern. (iv) Records of any outreach efforts to contact— (A) Trade associations; (B) Business development organizations; (C) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, and women-owned small business sources; and (D) Veterans service organizations. (v) Records of internal guidance and encouragement provided to buyers through— (A) Workshops, seminars, training, etc.; and (B) Monitoring performance to evaluate compliance with the program’s requirements. (vi) On a contract-by-contract basis, records to support award data submitted by the offeror to the Government, including the name, address, and business size of each subcontractor. Contractors having commercial plans need not comply with this requirement. (e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions: (1) Assist small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor’s lists of potential small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time. (2) Provide adequate and timely consideration of the potentialities of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns in all “make-or-buy” decisions. (3) Counsel and discuss subcontracting opportunities with representatives of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business firms. (4) Confirm that a subcontractor representing itself as a HUBZone small business concern is Page: 36 of 124 Attachment number 2 Page 42 of 130 Item # 24 identified as a certified HUBZone small business concern by accessing the Central Contractor Registration (CCR) database or by contacting SBA. (5) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, veteran-owned small business, HUBZone small, small disadvantaged, or women-owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the Contractor’s subcontracting plan. (f) A master plan on a plant or division-wide basis that contains all the elements required by paragraph (d) of this clause, except goals, may be incorporated by reference as a part of the subcontracting plan required of the offeror by this clause; provided— (1) The master plan has been approved; (2) The offeror ensures that the master plan is updated as necessary and provides copies of the approved master plan, including evidence of its approval, to the Contracting Officer; and (3) Goals and any deviations from the master plan deemed necessary by the Contracting Officer to satisfy the requirements of this contract are set forth in the individual subcontracting plan. (g) A commercial plan is the preferred type of subcontracting plan for contractors furnishing commercial items. The commercial plan shall relate to the offeror’s planned subcontracting generally, for both commercial and Government business, rather than solely to the Government contract. Once the Contractor’s commercial plan has been approved, the Government will not require another subcontracting plan from the same Contractor while the plan remains in effect, as long as the product or service being provided by the Contractor continues to meet the definition of a commercial item. A Contractor with a commercial plan shall comply with the reporting requirements stated in paragraph (d)(10) of this clause by submitting quarterly SSR for GSA only in eSRS for all contracts covered by its commercial plan. This report shall be acknowledged or rejected in eSRS by the Contracting Officer who approved the plan. At the end of the reporting period, the SSR report for all federal agencies shall be submitted within 30 days after the end of the Government’s fiscal year. (h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract. (i) A contract may have no more than one plan. When a modification meets the criteria in 19.702 for a plan, or an option is exercised, the goals associated with the modification or option shall be added to those in the existing subcontract plan. (j) Subcontracting plans are not required from subcontractors when the prime contract contains the clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items, or when the subcontractor provides a commercial item subject to the clause at 52.244-6, Subcontracts for Commercial Items, under a prime contract. (k) The failure of the Contractor or subcontractor to comply in good faith with— (1) The clause of this contract entitled “Utilization Of Small Business Concerns;” or (2) An approved plan required by this clause, shall be a material breach of the contract. (l) The Contractor shall submit ISRs and SSRs using the web-based eSRS at http://www.esrs.gov. Purchases from a corporation, company, or subdivision that is an affiliate of the prime Contractor or subcontractor are not included in these reports. Subcontract award data reported by prime Contractors and subcontractors shall be limited to awards made to their immediate next-tier subcontractors. Credit cannot be taken for awards made to lower tier subcontractors, unless the Contractor or subcontractor has been designated to receive a small business or small disadvantaged business credit from an ANC or Indian tribe. Page: 37 of 124 Attachment number 2 Page 43 of 130 Item # 24 (1) ISR. This report is not required for commercial plans. The report is required for each GSA contract containing an individual subcontract plan and shall be submitted to the Administrative Contracting Officer (ACO) or Contracting Officer, if no ACO is assigned. (i) The GSA report shall be submitted semi-annually during contract performance for the periods ending March 31 and September 30. A report is also required for each contract within 30 days of contract completion. Reports are due 30 days after the close of each reporting period, unless otherwise directed by the Contracting Officer. Reports are required when due, regardless of whether there has been any subcontracting activity since the inception of the contract or the previous reporting period. (ii) When a subcontracting plan contains separate goals for the basic contract and each option, as prescribed by FAR 19.704(c), the dollar goal inserted on this report shall be the sum of the base period through the current option; for example, for a report submitted after the second option is exercised, the dollar goal would be the sum of the goals for the basic contract, the first option, and the second option. (iii) The authority to acknowledge receipt or reject the ISR resides— (A) In the case of the prime Contractor, with the Contracting Officer; and (B) In the case of a subcontract with a subcontracting plan, with the entity that awarded the subcontract. (2) SSR. (i) Reports submitted under individual contract plans— (A) This report encompasses all subcontracting under prime contracts and subcontracts with the awarding agency, regardless of the dollar value of the subcontracts. (B) The report may be submitted on a corporate, company or subdivision (e.g. plant or division operating as a separate profit center) basis, unless otherwise directed by the agency. (C) If a prime Contractor and/or subcontractor is performing work for more than one executive agency, a separate report shall be submitted to each executive agency covering only that agency’s contracts, provided at least one of that agency’s contracts is over $550,000 (over $1,000,000 for construction of a public facility) and contains a subcontracting plan. For DoD, a consolidated report shall be submitted for all contracts awarded by military departments/agencies and/or subcontracts awarded by DoD prime Contractors. However, for construction and related maintenance and repair, a separate report shall be submitted for each DoD component. (D) For DoD and NASA, the report shall be submitted semi-annually for the six months ending March 31 and the twelve months ending September 30. For civilian agencies, except NASA, it shall be submitted annually for the twelve month period ending September 30. Reports are due 30 days after the close of each reporting period. (E) Subcontract awards that are related to work for more than one executive agency shall be appropriately allocated. (F) The authority to acknowledge or reject SSRs in eSRS, including SSRs submitted by subcontractors with subcontracting plans, resides with the Government agency awarding the prime contracts. Page: 38 of 124 Attachment number 2 Page 44 of 130 Item # 24 (ii) Reports submitted under a commercial plan— (A) The report shall include all subcontract awards under the commercial plan in effect during the Government’s fiscal year. (B) The GSA report shall be submitted semi-annually. The report that includes all agencies shall be submitted, within thirty days after the end of the Government’s fiscal year. (C) If a Contractor has a commercial plan and is performing work for more than one executive agency, the Contractor shall specify the percentage of dollars attributable to each agency from which contracts for commercial items were received. (D) The authority to acknowledge or reject SSRs for commercial plans resides with the Contracting Officer who approved the commercial plan. (iii) All reports submitted at the close of each fiscal year (both individual and commercial plans) shall include a Year-End Supplementary Report for Small Disadvantaged Businesses. The report shall include subcontract awards, in whole dollars, to small disadvantaged business concerns by North American Industry Classification System (NAICS) Industry Subsector. If the data are not available when the year-end SSR is submitted, the prime Contractor and/or subcontractor shall submit the Year-End Supplementary Report for Small Disadvantaged Businesses within 90 days of submitting the year-end SSR. For a commercial plan, the Contractor may obtain from each of its subcontractors a predominant NAICS Industry Subsector and report all awards to that subcontractor under its predominant NAICS Industry Subsector. 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997) If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice, including all relevant information, to the Contracting Officer. 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) (a) Segregated facilities, as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (b) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract. 52.222-26 EQUAL OPPORTUNITY (MAR 2007) Page: 39 of 124 Attachment number 2 Page 45 of 130 Item # 24 (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 by the rules, regulations, and orders of the Secretary of Labor. The Page: 40 of 124 Attachment number 2 Page 46 of 130 Item # 24 Contractor shall also file Standard Form 100 (EEO-1), or any successor form, as prescribed in 41 CFR part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms. (8) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that implement the Executive Order. (9) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law. (10) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. (11) The Contractor shall take such action with respect to any subcontract or purchase order as the Contracting Officer may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. (d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.1. 52.222-3 CONVICT LABOR (JUN 2003) (a) Except as provided in paragraph (b) of this clause, the Contractor shall not employ in the performance of this contract any person undergoing a sentence of imprisonment imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands. (b) The Contractor is not prohibited from employing persons— (1) On parole or probation to work at paid employment during the term of their sentence; (2) Who have been pardoned or who have served their terms; or (3) Confined for violation of the laws of any of the States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands who are authorized to work at paid employment in the community under the laws of such jurisdiction, if— (i) The worker is paid or is in an approved work training program on a voluntary basis; (ii) Representatives of local union central bodies or similar labor union organizations have been consulted; Page: 41 of 124 Attachment number 2 Page 47 of 130 Item # 24 (iii) Such paid employment will not result in the displacement of employed workers, or be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services; (iv) The rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the locality in which the work is being performed; and (v) The Attorney General of the United States has certified that the work-release laws or regulations of the jurisdiction involved are in conformity with the requirements of Executive Order 11755, as amended by Executive Orders 12608 and 12943. 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006) (a) Definitions. As used in this clause— All employment openings means all positions except executive and top management, those positions that will be filled from within the Contractor's organization, and positions lasting 3 days or less. This term includes full-time employment, temporary employment of more than 3 days duration, and part-time employment. Executive and top management means any employee— (1) Whose primary duty consists of the management of the enterprise in which the individual is employed or of a customarily recognized department or subdivision thereof; (2) Who customarily and regularly directs the work of two or more other employees; (3) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; (4) Who customarily and regularly exercises discretionary powers; and (5) Who does not devote more than 20 percent or, in the case of an employee of a retail or service establishment, who does not devote more than 40 percent of total hours of work in the work week to activities that are not directly and closely related to the performance of the work described in paragraphs (1) through (4) of this definition. This paragraph (5) does not apply in the case of an employee who is in sole charge of an establishment or a physically separated branch establishment, or who owns at least a 20 percent interest in the enterprise in which the individual is employed. Other eligible veteran means any other veteran who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. Positions that will be filled from within the Contractor’s organization means employment openings for which the Contractor will give no consideration to persons outside the Contractor’s organization (including any affiliates, subsidiaries, and parent companies) and includes any openings the Contractor proposes to fill from regularly established “recall” lists. The exception does not apply to a particular opening once an employer decides to consider applicants outside of its organization. Qualified special disabled veteran means a special disabled veteran who satisfies the requisite skill, experience, education, and other job-related requirements of the employment position such veteran holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position. Page: 42 of 124 Attachment number 2 Page 48 of 130 Item # 24 Special disabled veteran means— (1) A veteran who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Department of Veterans Affairs for a disability— (i) Rated at 30 percent or more; or (ii) Rated at 10 or 20 percent in the case of a veteran who has been determined under 38 U.S.C. 3106 to have a serious employment handicap (i.e., a significant impairment of the veteran’s ability to prepare for, obtain, or retain employment consistent with the veteran’s abilities, aptitudes, and interests); or (2) A person who was discharged or released from active duty because of a service-connected disability. Veteran of the Vietnam era means a person who— (1) Served on active duty for a period of more than 180 days and was discharged or released from active duty with other than a dishonorable discharge, if any part of such active duty occurred— (i) In the Republic of Vietnam between February 28, 1961, and May 7, 1975; or (ii) Between August 5, 1964, and May 7, 1975, in all other cases; or (2) Was discharged or released from active duty for a service-connected disability if any part of the active duty was performed— (i) In the Republic of Vietnam between February 28, 1961, and May 7, 1975; or (ii) Between August 5, 1964, and May 7, 1975, in all other cases. (b) General. (1) The Contractor shall not discriminate against the individual because the individual is a special disabled veteran, a veteran of the Vietnam era, or other eligible veteran, regarding any position for which the employee or applicant for employment is qualified. The Contractor shall take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled veterans, veterans of the Vietnam era, and other eligible veterans without discrimination based upon their disability or veterans’ status in all employment practices such as— (i) Recruitment, advertising, and job application procedures; (ii) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring; (iii) Rate of pay or any other form of compensation and changes in compensation; (iv) Job assignment, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; (v) Leaves of absence, sick leave, or any other leave; (vi) Fringe benefits available by virtue of employment, whether or not administered by the Contractor; (vii) Selection and financial support for training, including apprenticeship, and on-the-job Page: 43 of 124 Attachment number 2 Page 49 of 130 Item # 24 training under 38 U.S.C. 3687, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training; (viii) Activities sponsored by the Contractor including social or recreational programs; and (ix) Any other term, condition, or privilege of employment. (2) The Contractor shall comply with the rules, regulations, and relevant orders of the Secretary of Labor issued under the Vietnam Era Veterans’ Readjustment Assistance Act of 1972 (the Act), as amended (38 U.S.C. 4211 and 4212). (c) Listing openings. (1) The Contractor shall immediately list all employment openings that exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract, and including those occurring at an establishment of the Contractor other than the one where the contract is being performed, but excluding those of independently operated corporate affiliates, at an appropriate local public employment service office of the State wherein the opening occurs. Listing employment openings with the U.S. Department of Labor’s America’s Job Bank shall satisfy the requirement to list jobs with the local employment service office. (2) The Contractor shall make the listing of employment openings with the local employment service office at least concurrently with using any other recruitment source or effort and shall involve the normal obligations of placing a bona fide job order, including accepting referrals of veterans and nonveterans. This listing of employment openings does not require hiring any particular job applicant or hiring from any particular group of job applicants and is not intended to relieve the Contractor from any requirements of Executive orders or regulations concerning nondiscrimination in employment. (3) Whenever the Contractor becomes contractually bound to the listing terms of this clause, it shall advise the State public employment agency in each State where it has establishments of the name and location of each hiring location in the State. As long as the Contractor is contractually bound to these terms and has so advised the State agency, it need not advise the State agency of subsequent contracts. The Contractor may advise the State agency when it is no longer bound by this contract clause. (d) Applicability. This clause does not apply to the listing of employment openings that occur and are filled outside the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands of the United States, and Wake Island. (e) Postings. (1) The Contractor shall post employment notices in conspicuous places that are available to employees and applicants for employment. (2) The employment notices shall— (i) State the rights of applicants and employees as well as the Contractor’s obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants who are special disabled veterans, veterans of the Vietnam era, and other eligible veterans; and (ii) Be in a form prescribed by the Deputy Assistant Secretary for Federal Contract Compliance Programs, Department of Labor (Deputy Assistant Secretary of Labor), and provided by or through the Contracting Officer. Page: 44 of 124 Attachment number 2 Page 50 of 130 Item # 24 (3) The Contractor shall ensure that applicants or employees who are special disabled veterans are informed of the contents of the notice (e.g., the Contractor may have the notice read to a visually disabled veterans, or may lower the posted notice so that it can be read by a person in a wheelchair). (4) The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement, or other contract understanding, that the Contractor is bound by the terms of the Act and is committed to take affirmative action to employ, and advance in employment, qualified special disabled veterans, veterans of the Vietnam era, and other eligible veterans. (f) Noncompliance. If the Contractor does not comply with the requirements of this clause, the Government may take appropriate actions under the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (g) Subcontracts. The Contractor shall insert the terms of this clause in all subcontracts or purchase orders of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Deputy Assistant Secretary of Labor to enforce the terms, including action for noncompliance. 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) (a)General. (1) Regarding any position for which the employee or applicant for employment is qualified, the Contractor shall not discriminate against any employee or applicant because of physical or mental disability. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified individuals with disabilities without discrimination based upon their physical or mental disability in all employment practices such as— (i) Recruitment, advertising, and job application procedures; (ii) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring; (iii) Rates of pay or any other form of compensation and changes in compensation; (iv) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; (v) Leaves of absence, sick leave, or any other leave; (vi) Fringe benefits available by virtue of employment, whether or not administered by the Contractor; (vii) Selection and financial support for training, including apprenticeships, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training; (viii) Activities sponsored by the Contractor, including social or recreational programs; and (ix) Any other term, condition, or privilege of employment. (2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Rehabilitation Act of 1973 (29 U.S.C. 793) (the Page: 45 of 124 Attachment number 2 Page 51 of 130 Item # 24 Act), as amended. (b)Postings. (1) The Contractor agrees to post employment notices stating— (i) The Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified individuals with disabilities; and (ii) The rights of applicants and employees. (2) These notices shall be posted in conspicuous places that are available to employees and applicants for employment. The Contractor shall ensure that applicants and employees with disabilities are informed of the contents of the notice (e.g., the Contractor may have the notice read to a visually disabled individual, or may lower the posted notice so that it might be read by a person in a wheelchair). The notices shall be in a form prescribed by the Deputy Assistant Secretary for Federal Contract Compliance of the U.S. Department of Labor (Deputy Assistant Secretary) and shall be provided by or through the Contracting Officer. (3) The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Section 503 of the Act and is committed to take affirmative action to employ, and advance in employment, qualified individuals with physical or mental disabilities. (c)Noncompliance. If the Contractor does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act. (d)Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $10,000 unless exempted by rules, regulations, or orders of the Secretary. The Contractor shall act as specified by the Deputy Assistant Secretary to enforce the terms, including action for noncompliance. 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006) (a) Unless the Contractor is a State or local government agency, the Contractor shall report at least annually, as required by the Secretary of Labor, on -- (1) The number of special disabled veterans, the number of veterans of the Vietnam era, and other eligible veterans in the workforce of the Contractor by job category and hiring location; and (2) The total number of new employees hired during the period covered by the report, and of the total, the numbered of special disabled veterans, the number of veterans of the Vietnam era, and the number of other eligible veterans; and (3) The maximum number and the minimum number of employees of the Contractor during the period covered by the report. (b) The Contractor shall report the above items by completing the Form VETS-100, entitled "Federal Contractor Veterans’ Employment Report (VETS-100 Report)." (c) The Contractor shall submit VETS-100 Reports no later than September 30 of each year beginning September 30, 1988. (d) The employment activity report required by paragraph (a)(2) of this clause shall reflect total hires Page: 46 of 124 Attachment number 2 Page 52 of 130 Item # 24 during the most recent 12-month period as of the ending date selected for the employment profile report required by paragraph (a)(1) of this clause. Contractors may select an ending date -- (1)As of the end of any pay period between July 1 and August 31 of the year the report is due; or (2)As of December 31, if the Contractor has prior written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-1 (Standard Form 100). (e) The Contractor shall base the count of veterans reported according to paragraph (a) of this clause on voluntary disclosure. Each Contractor subject to the reporting requirements at 38 U.S.C. 4212 shall invite all special disabled veterans, veterans of the Vietnam era, and other eligible veterans who wish to benefit under the affirmative action program at 38 U.S.C. 4212 to identify themselves to the Contractor. The invitation shall state that -- (1)The information is voluntarily provided; (2)The information will be kept confidential; (3)Disclosure or refusal to provide the information will not subject the applicant or employee to any adverse treatment; and (4)The information will be used only in accordance with the regulations promulgated under 38 U.S.C. 4212. (f) The Contractor shall insert the terms of this clause in all subcontracts or purchase orders of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. 52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007) (a) Definitions. As used in this clause– Act means the Service Contract Act of 1965 (41 U.S.C. 351, et seq.). Contractor when this clause is used in any subcontract, shall be deemed to refer to the subcontractor, except in the term "Government Prime Contractor." Service employee means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as these terms are defined in Part 541 of Title 29, Code of Federal Regulations, as revised. It includes all such persons regardless of any contractual relationship that may be alleged to exist between a Contractor or subcontractor. (b) Applicability. This contract is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor (29 CFR Part 4). This clause does not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by 41 U.S.C. 356, as interpreted in subpart C of 29 CFR Part 4. (c) Compensation. (1) Each service employee employed in the performance of this contract by the Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor or authorized representative, as specified in any wage determination attached to this contract. (2) (i) If a wage determination is attached to this contract, the Contractor shall classify any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this paragraph (c). Page: 47 of 124 Attachment number 2 Page 53 of 130 Item # 24 (ii) This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor shall submit Standard Form (SF) 1444, Request for Authorization of Additional Classification and Rate, to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. The Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF 1444 (which must include information regarding the agreement or disagreement of the employees' authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the Contracting Officer within 30 days of receipt that additional time is necessary. (iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the Contracting Officer who shall promptly notify the Contractor of the action taken. Each affected employee shall be furnished by the Contractor with a written copy of such determination or it shall be posted as a part of the wage determination. (iv) (A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula. The approach used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed. (B) In the case of a contract modification, an exercise of an option or extension of an existing contract, or in any other case where a Contractor succeeds a contract under which the classification in question was previously conformed pursuant to paragraph (c) of this clause, a new conformed wage rate and fringe benefits may be assigned to the conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work by the unlisted class of employees, the Contractor shall advise the Contracting Officer of the action taken but the other procedures in subdivision (c)(2)(ii) of this clause need not be followed. (C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended. (v) The wage rate and fringe benefits finally determined under this subparagraph (c)(2) of this clause shall be paid to all employees performing in the classification from the first day on which contract work is performed by them in the classification. Failure to pay the unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. Page: 48 of 124 Attachment number 2 Page 54 of 130 Item # 24 (vi) Upon discovery of failure to comply with subparagraphs (b)(2) of this clause, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class or classes of employees commenced contract work. (3) Adjustment of Compensation. If the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to service employees under the contract shall be subject to adjustment after 1 year and not less often than once every 2 years, under wage determinations issued by the Wage and Hour Division. (d) Obligation to Furnish Fringe Benefits. The Contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined under subparagraph (c)(2) of this clause by furnishing equivalent combinations of bona fide fringe benefits, or by making equivalent or differential cash payments, only in accordance with Subpart D of 29 CFR Part 4. (e) Minimum Wage. In the absence of a minimum wage attachment for this contract, neither the Contractor nor any subcontractor under this contract shall pay any person performing work under this contract (regardless of whether the person is a service employee) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this clause shall relieve the Contractor or any subcontractor of any other obligation under law or contract for payment of a higher wage to any employee. (f) Successor Contracts. If this contract succeeds a contract subject to the Act under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the Contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreement to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.1b(b) apply or unless the Secretary of Labor or authorized representative finds, after a hearing as provided in 29 CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in 29 CFR 4.11, that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor Contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the contract or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Administrative Review Board, as the case may be, irrespective of whether such issuance occurs prior to or after the award of a contract or subcontract. 53 Comp. Gen. 401 (1973). In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision. (g) Notification to employees. The Contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite. Failure to comply with this requirement is a violation of section 2(a)(4) of the Act and of this contract. Page: 49 of 124 Attachment number 2 Page 55 of 130 Item # 24 (h) Safe and Sanitary Working Conditions. The Contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the Contractor or subcontractor which are unsanitary or hazardous or dangerous to the health or safety of the service employee. The Contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925. (i) Records. (1) The Contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work, and make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Administration, a record of the following: (i) For each employee subject to the Act— (A) Name and address and social security number; (B) Correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits, and total daily and weekly compensation; (C) Daily and weekly hours worked by each employee; and (D) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee. (ii) For those classes of service employees not included in any wage determination attached to this contract, wage rates or fringe benefits determined by the interested parties or by the Administrator or authorized representative under the terms of paragraph (c) of this clause. A copy of the report required by subdivision (c)(2)(ii) of this clause will fulfill this requirement. (iii) Any list of the predecessor Contractor's employees which had been furnished to the Contractor as prescribed by paragraph (n) of this clause. (2) The Contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division. (3) Failure to make and maintain or to make available these records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce these records, the Contracting Officer, upon direction of the Department of Labor and notification to the Contractor, shall take action to cause suspension of any further payment or advance of funds until the violation ceases. (4) The Contractor will permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours. (j) Pay Periods. The Contractor shall unconditionally pay to each employee subject to the Act all wages due free and clear and without subsequent deduction (except as otherwise provided by law or Regulations, 29 CFR Part 4), rebate, or kickback on any account. These payments shall be made no later than one pay period following the end of the regular pay period in which the wages were earned or accrued. A pay period under this Act may not be of any duration longer than semimonthly. (k) Withholding of Payments and Termination of Contract. The Contracting Officer shall withhold or cause to be withheld from the Government prime Contractor under this or any other Government contract with the prime Contractor such sums as an appropriate official of the Department of Labor requests or such sums as the Contracting Officer decides may be necessary to pay underpaid employees employed by the Contractor or subcontractor. In the event of failure to pay any employees subject to the Act all or part of the wages or fringe benefits due under the Act, the Contracting Officer may, after authorization or by direction of the Department of Labor and written notification to the Contractor, take Page: 50 of 124 Attachment number 2 Page 56 of 130 Item # 24 action to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may either enter into other contracts or arrangements for completion of the work, charging the Contractor in default with any additional cost. (l) Subcontracts. The Contractor agrees to insert this clause in all subcontracts subject to the Act. (m) Collective Bargaining Agreements Applicable to Service Employees. If wages to be paid or fringe benefits to be furnished any service employees employed by the Government prime Contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed, the Government prime Contractor shall report such fact to the Contracting Officer, together with full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance such agreements shall be reported promptly after negotiation thereof. (n) Seniority List. Not less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a Contractor (predecessor) or successor (29 CFR 4.173), the incumbent prime Contractor shall furnish to the Contracting Officer a certified list of the names of all service employees on the Contractor's or subcontractor's payroll during the last month of contract performance. Such list shall also contain anniversary dates of employment on the contract either with the current or predecessor Contractors of each such service employee. The Contracting Officer shall turn over such list to the successor Contractor at the commencement of the succeeding contract. (o) Ruling and Interpretations. Rulings and interpretations of the Act are contained in Regulations, 29 CFR Part 4. (p) Contractor's Certification. (1) By entering into this contract, the Contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has a substantial interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed under section 5 of the Act. (2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract under section 5 of the Act. (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (q) Variations, Tolerances, and Exemptions Involving Employment. Notwithstanding any of the provisions in paragraphs (b) through (o) of this clause, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to section 4(b) of the Act prior to its amendment by Pub. L. 92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business. (1) Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical or mental deficiency or injury may be employed at wages lower than the minimum wages otherwise required by section 2(a)(1) or 2(b)(1) of the Act without diminishing any fringe benefits or cash payments in lieu thereof required under section 2(a)(2) of the Act, in accordance with the conditions and procedures prescribed for the employment of apprentices, student-learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR Parts 520, 521, 524, and 525). Page: 51 of 124 Attachment number 2 Page 57 of 130 Item # 24 (2) The Administrator will issue certificates under the Act for the employment of apprentices, student-learners, handicapped persons, or handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR Parts 520, 521, 524, and 525). (3) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in 29 CFR Parts 525 and 528. (r) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Office of Apprenticeship Training, Employer, and Labor Services (OATELS), U.S. Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the journeyman's rate contained in the applicable wage determination. The allowable ratio of apprentices to journeymen employed on the contract work in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. (s) Tips. An employee engaged in an occupation in which the employee customarily and regularly receives more than $30 a month in tips may have the amount of these tips credited by the employer against the minimum wage required by section 2(a)(1) or section 2(b)(1) of the Act, in accordance with section 3(m) of the Fair Labor Standards Act and Regulations 29 CFR Part 531. However, the amount of credit shall not exceed $1.34 per hour beginning January 1, 1981. To use this provision— (1) The employer must inform tipped employees about this tip credit allowance before the credit is utilized; (2) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received); (3) The employer must be able to show by records that the employee receives at least the applicable Service Contract Act minimum wage through the combination of direct wages and tip credit; (4) The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of section 4(c) of the Act. (t) Disputes Concerning Labor Standards. The U.S. Department of Labor has set forth in 29 CFR Parts 4, 6, and 8 procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989) In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C 5341 or 5332. Page: 52 of 124 Attachment number 2 Page 58 of 130 Item # 24 This Statement is for Information Only: It Is Not a Wage Determination Employee Class Monetary Wage-- Fringe Benefits To be determined by ordering activity To be determined by ordering activity 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT—PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (SEP 2009) (a) This clause applies to both contracts subject to area prevailing wage determinations and contracts subject to collective bargaining agreements. (b) The Contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause. (c) The wage determination, issued under the Service Contract Act of 1965, as amended, (41 U.S.C. 351, et seq.), by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, current on the anniversary date of a multiple year contract or the beginning of each renewal option period, shall apply to this contract. If no such determination has been made applicable to this contract, then the Federal minimum wage as established by section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended, (29 U.S.C. 206) current on the anniversary date of a multiple year contract or the beginning of each renewal option period, shall apply to this contract. (d) The contract price, contract unit price labor rates, or fixed hourly labor rates will be adjusted to reflect the Contractor’s actual increase or decrease in applicable wages and fringe benefits to the extent that the increase is made to comply with or the decrease is voluntarily made by the Contractor as a result of: (1) The Department of Labor wage determination applicable on the anniversary date of the multiple year contract, or at the beginning of the renewal option period. For example, the prior year wage determination required a minimum wage rate of $4.00 per hour. The Contractor chose to pay $4.10. The new wage determination increases the minimum rate to $4.50 per hour. Even if the Contractor voluntarily increases the rate to $4.75 per hour, the allowable price adjustment is $.40 per hour; (2) An increase or decrease wage determination otherwise applied to the contract by operation of law; or (3) An amendment to the Fair Labor Standards Act of 1938 that is enacted after award of this contract, affects the minimum wage, and becomes applicable to this contract under law. (e) Any adjustment will be limited to increases or decreases in wages and fringe benefits as described in paragraph (d) of this clause, and the accompanying increases or decreases in social security and unemployment taxes and workers’ compensation insurance, but shall not otherwise include any amount for general and administrative costs, overhead, or profit. (f) The Contractor shall notify the Contracting Officer of any increase claimed under this clause within 30 days after receiving a new wage determination unless this notification period is extended in writing by the Contracting Officer. The Contractor shall promptly notify the Contracting Officer of any decrease under this clause, but nothing in the clause shall preclude the Government from asserting a claim within the period permitted by law. The notice shall contain a statement of the amount claimed Page: 53 of 124 Attachment number 2 Page 59 of 130 Item # 24 and the change in fixed hourly rates (if this is a time-and-materials or labor-hour contract), and any relevant supporting data, including payroll records, that the Contracting Officer may reasonably require. Upon agreement of the parties, the contract price, contract unit price labor rates, or fixed hourly rates shall be modified in writing. The Contractor shall continue performance pending agreement on or determination of any such adjustment in its effective date. (g) The Contracting Officer or an authorized representative shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor until the expiration of 3 years after final payment under the contract. 52.222-50 COMBATING TRAFFICKING IN PERSONS (AUG 2007) (ALTERNATE I -- AUG 2007) (a)Definitions. As used in this clause-- Coercion means-- (1) Threats of serious harm to or physical restraint against any person; (2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or (3) The abuse or threatened abuse of the legal process. Commercial sex act means any sex act on account of which anything of value is given to or received by any person. Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined. Employee means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance. Involuntary servitude includes a condition of servitude induced by means of-- (1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or (2) The abuse or threatened abuse of the legal process. Severe forms of trafficking in persons means-- (1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act. (b) Policy. The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not— Page: 54 of 124 Attachment number 2 Page 60 of 130 Item # 24 (1) Engage in severe forms of trafficking in persons during the period of performance of the contract; (2) Procure commercial sex acts during the period of performance of the contract; or (3) Use forced labor in the performance of the contract. (c) Contractor requirements. The Contractor shall— (1) Notify its employees of— (i) (A) The United States Government's zero tolerance policy described in paragraph (b) of this clause; and (B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below: Document Title Document may be obtained from: Applies Performance to in/at: --- [Contracting Officer shall insert title of directive/notice; indicate the document is attached or provide source (such as website link) for obtaining document; and, indicate the contract performance location outside the U.S. to which the document applies.] (ii) The actions that will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and (2) Take appropriate action, up to and including termination, against employees or subcontractors that violate the policy in paragraph (b) of this clause. (d) Notification. The Contractor shall inform the Contracting Officer immediately of— (1) Any information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, or subcontractor employee has engaged in conduct that violates this policy; and (2) Any actions taken against Contractor employees, subcontractors, or subcontractor employees pursuant to this clause. (e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), or (f) of this clause may render the Contractor subject to-- (1) Required removal of a Contractor employee or employees from the performance of the contract; (2) Required subcontractor termination; (3) Suspension of contract payments; (4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance; (5) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or Page: 55 of 124 Attachment number 2 Page 61 of 130 Item # 24 (6) Suspension or debarment. (f) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts. 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009) (a)Definitions. As used in this clause-- Coercion means-- (1) Threats of serious harm to or physical restraint against any person; (2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or (3) The abuse or threatened abuse of the legal process. Commercial sex act means any sex act on account of which anything of value is given to or received by any person. Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined. Employee means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance. Forced Labor means knowingly providing or obtaining the labor or services of a person-- (1) By threats of serious harm to, or physical restraint against, that person or another person; (2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or (3) By means of the abuse or threatened abuse of law or the legal process. Involuntary servitude includes a condition of servitude induced by means of-- (1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or (2) The abuse or threatened abuse of the legal process. Severe forms of trafficking in persons means-- (1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. Page: 56 of 124 Attachment number 2 Page 62 of 130 Item # 24 Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act. (b) Policy. The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not-- (1) Engage in severe forms of trafficking in persons during the period of performance of the contract; (2) Procure commercial sex acts during the period of performance of the contract; or (3) Use forced labor in the performance of the contract. (c) Contractor requirements. The Contractor shall-- (1) Notify its employees of-- (i) The United States Government's zero tolerance policy described in paragraph (b) of this clause; and (ii) The actions that will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and (2) Take appropriate action, up to and including termination, against employees or subcontractors that violate the policy in paragraph (b) of this clause. (d) Notification. The Contractor shall inform the Contracting Officer immediately of-- (1) Any information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, or subcontractor employee has engaged in conduct that violates this policy; and (2) Any actions taken against Contractor employees, subcontractors, or subcontractor employees pursuant to this clause. (e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), or (f) of this clause may render the Contractor subject to-- (1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract; (2) Requiring the Contractor to terminate a subcontract; (3) Suspension of contract payments; (4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance; (5) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or (6) Suspension or debarment. (f) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts. Page: 57 of 124 Attachment number 2 Page 63 of 130 Item # 24 (g) Mitigating Factor. The Contracting Officer may consider whether the Contractor had a Trafficking in Persons awareness program at the time of the violation as a mitigating factor when determining remedies. Additional information about Trafficking in Persons and examples of awareness programs can be found at the website for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/g/tip. 52.222-51 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT--REQUIREMENTS (NOV 2007) (a) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the Contractor in substantial quantities to the general public in the course of normal business operations. (b) The services shall be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment. (1) An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the Contractor, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. (2) An "established market price" is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or Contractor. (c) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract shall be the same as that used for these employees and for equivalent employees servicing the same equipment of commercial customers. (d) The Contractor is responsible for compliance with all the conditions of this exemption by its subcontractors. The Contractor shall determine the applicability of this exemption to any subcontract on or before subcontract award. In making a judgment that the exemption applies, the Contractor shall consider all factors and make an affirmative determination that all of the conditions in paragraphs (a) through (c) of this clause will be met. (e) If the Department of Labor determines that any conditions for exemption in paragraphs (a) through (c) of this clause have not been met, the exemption shall be deemed inapplicable, and the contract shall become subject to the Service Contract Act. In such case, the procedures at 29 CFR 4.123(e)(1)(iv) and 29 CFR 4.5(c) will be followed. (f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts for exempt services under this contract. 52.222-53 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT TO CONTRACTS FOR CERTAIN SERVICES--REQUIREMENTS (FEB 2009) (a) The services under this contract are offered and sold regularly to non-Governmental customers, and are provided by the Contractor to the general public in substantial quantities in the course of normal business operations. (b) The contract services are furnished at prices that are, or are based on, established catalog or market prices. An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the Contractor, is either published or otherwise Page: 58 of 124 Attachment number 2 Page 64 of 130 Item # 24 available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. An "established market price" is a current price, established in the usual course of ordinary and usual trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or Contractor. (c) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract. (d) The Contractor uses the same compensation (wage and fringe benefits) plan for all service employees performing work under the contract as the Contractor uses for these employees and for equivalent employees servicing commercial customers. (e) (1) Except for services identified in FAR 22.1003-4(d)(1)(iv), the subcontractor for exempt services shall be selected for award based on other factors in addition to price or cost with the combination of other factors at least as important as price or cost; or (2) A subcontract for exempt services shall be awarded on a sole source basis. (f) The Contractor is responsible for compliance with all the conditions of this exemption by its subcontractors. The Contractor shall determine in advance, based on the nature of the subcontract requirements and knowledge of the practices of likely subcontractors, that all or nearly all likely subcontractors will meet the conditions in paragraphs (a) through (d) of this clause. If the services are currently being performed under a subcontract, the Contractor shall consider the practices of the existing subcontractor in making a determination regarding the conditions in paragraphs (a) through (d) of this clause. If the Contractor has reason to doubt the validity of the certification, the requirements of the Service Contract Act shall be included in the subcontract. (g) If the Department of Labor determines that any conditions for exemption at paragraphs (a) through (e) of this clause have not been met, the exemption shall be deemed inapplicable, and the contract shall become subject to the Service Contract Act. In such case, the procedures in at 29 CFR 4.123(e)(2)(iii) and 29 CFR 4.5(c) will be followed. (h) The Contractor shall include the substance of this clause, including this paragraph (h), in subcontracts for exempt services under this contract. 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) (a) Definitions. As used in this clause – Commercially available off-the-shelf (COTS) item – (1) Means any item of supply that is – (i) A commercial item (as defined in paragraph (1) of the definition at 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products. Per 46 CFR 525.1(c)(2), “bulk cargo” means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal Page: 59 of 124 Attachment number 2 Page 65 of 130 Item # 24 equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo. Employee assigned to the contract means an employee who was hired after November 6, 1986, who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee – (1) Normally performs support work, such as indirect or overhead functions; and (2) Does not perform any substantial duties applicable to the contract. Subcontract means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders. Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor. United States, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands. (b)Enrollment and verification requirements. (1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall – (i)Enroll.Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award; (ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and (iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee's assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section). (2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of – (i)All new employees. (A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or (B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E-Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or Page: 60 of 124 Attachment number 2 Page 66 of 130 Item # 24 (ii)Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section). (3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2), respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract. (4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986, rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986, within 180 calendar days of – (i) Enrollment in the E-Verify program; or (ii) Notification to E-Verify Operations of the Contractor's decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding (MOU). (5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E-Verify program MOU. (i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor's MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspension or debarment official. (ii) During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in E-Verify. (c)Web site.Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify. (d)Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee – (1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program; (2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual; or (3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors. (e)Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for identification of the parties), in each subcontract that – Page: 61 of 124 Attachment number 2 Page 67 of 130 Item # 24 (1) Is for – (i) Commercial or noncommercial services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); or (ii) Construction; (2) Has a value of more than $3,000; and (3) Includes work performed in the United States. 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) (a) Definition. As used in this clause-- Energy-efficient product-- (1) Means a product that-- (i) Meets Department of Energy and Environmental Protection Agency criteria for use of the Energy Star trademark label; or (ii) Is in the upper 25 percent of efficiency for all similar products as designated by the Department of Energy's Federal Energy Management Program. (2) The term "product'' does not include any energy-consuming product or system designed or procured for combat or combat-related missions (42 U.S.C. 8259b). (b) The Contractor shall ensure that energy-consuming products are energy efficient products (i.e., ENERGY STAR ®products or FEMP-designated products) at the time of contract award, for products that are-- (1) Delivered; (2) Acquired by the Contractor for use in performing services at a Federally-controlled facility; (3) Furnished by the Contractor for use by the Government; or (4) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance. (c) The requirements of paragraph (b) apply to the Contractor (including any subcontractor) unless-- (1) The energy-consuming product is not listed in the ENERGY STAR ®Program or FEMP; or (2) Otherwise approved in writing by the Contracting Officer. (d) Information about these products is available for-- (1) ENERGY STAR ®at http://www.energystar.gov/products; and (2) FEMP at http://www1.eere.energy.gov/femp/procurement/eep_requirements.html Page: 62 of 124 Attachment number 2 Page 68 of 130 Item # 24 52.223-16 IEEE 1680 STANDARD FOR THE ENVIRONMENTAL ASSESSMENT OF PERSONAL COMPUTER PRODUCTS (DEC 2007) (a) Definitions. As used in this clause-- Computer monitor means a video display unit used with a computer. Desktop computer means a computer designed for use on a desk or table. Notebook computer means a portable-style or laptop-style computer system. Personal computer product means a notebook computer, a desktop computer, or a computer monitor, and any peripheral equipment that is integral to the operation of such items. For example, the desktop computer together with the keyboard, the mouse, and the power cord would be a personal computer product. Printers, copiers, and fax machines are not included in peripheral equipment, as used in this definition. (b) Under this contract, the Contractor shall deliver, furnish for Government use, or furnish for contractor use at a Government- owned facility, only personal computer products that at the time of submission of proposals were EPEAT Bronze registered or higher. Bronze is the first level discussed in clause 1.4 of the IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products. (c) For information about the standard, see http://www.epeat.net. 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984) The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties. 52.224-2 PRIVACY ACT (APR 1984) (a) The Contractor agrees to— (1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies— (i) The systems of records; and (ii) The design, development, or operation work that the Contractor is to perform; (2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and (3) Include this clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records. (b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees Page: 63 of 124 Attachment number 2 Page 69 of 130 Item # 24 of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency. (c) (1) "Operation of a system of records," as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records. (2) "Record," as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph. (3) "System of records on individuals," as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) (a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC’s implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States. (b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas. Lists of entities and individuals subject to economic sanctions are included in OFAC’s List of Specially Designated Nationals and Blocked Persons at http://www.treas.gov/offices/enforcement/ofac/sdn. More information about these restrictions, as well as updates, is available in the OFAC’s regulations at 31 CFR chapter V and/or on OFAC’s Web site at http://www.treas.gov/offices/enforcement/ofac. (c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts. 52.227-14 RIGHTS IN DATA--GENERAL (DEC 2007) (a) Definitions. As used in this clause-- Computer database or database means a collection of recorded information in a form capable of, and for the purpose of, being stored in, processed, and operated on by a computer. The term does not include computer software. Computer software-- (1) Means (i) Computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; and (ii) Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled. Page: 64 of 124 Attachment number 2 Page 70 of 130 Item # 24 (2) Does not include computer databases or computer software documentation. Computer software documentation means owner's manuals, user's manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software. Data means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information. Form, fit, and function data means data relating to items, components, or processes that are sufficient to enable physical and functional interchangeability, and data identifying source, size, configuration, mating and attachment characteristics, functional characteristics, and performance requirements. For computer software it means data identifying source, functional characteristics, and performance requirements but specifically excludes the source code, algorithms, processes, formulas, and flow charts of the software. Limited rights means the rights of the Government in limited rights data as set forth in the Limited Rights Notice of paragraph (g)(3) if included in this clause. Limited rights data means data, other than computer software, that embody trade secrets or are commercial or financial and confidential or privileged, to the extent that such data pertain to items, components, or processes developed at private expense, including minor modifications. Restricted computer software means computer software developed at private expense and that is a trade secret, is commercial or financial and confidential or privileged, or is copyrighted computer software, including minor modifications of the computer software. Restricted rights, as used in this clause, means the rights of the Government in restricted computer software, as set forth in a Restricted Rights Notice of paragraph (g) if included in this clause, or as otherwise may be provided in a collateral agreement incorporated in and made part of this contract, including minor modifications of such computer software. Technical data, means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation). This term does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration. The term includes recorded information of a scientific or technical nature that is included in computer databases (See 41 U.S.C. 403(8)). Unlimited rights means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so. (b) Allocation of rights. (1) Except as provided in paragraph (c) of this clause, the Government shall have unlimited rights in-- (i) Data first produced in the performance of this contract; (ii) Form, fit, and function data delivered under this contract; (iii) Data delivered under this contract (except for restricted computer software) that constitute manuals or instructional and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnished for use under this contract; and Page: 65 of 124 Attachment number 2 Page 71 of 130 Item # 24 (iv) All other data delivered under this contract unless provided otherwise for limited rights data or restricted computer software in accordance with paragraph (g) of this clause. (2) The Contractor shall have the right to-- (i) Assert copyright in data first produced in the performance of this contract to the extent provided in paragraph (c)(1) of this clause; (ii) Use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, unless provided otherwise in paragraph (d) of this clause; (iii) Substantiate the use of, add, or correct limited rights, restricted rights, or copyright notices and to take other appropriate action, in accordance with paragraphs (e) and (f) of this clause; and (iv) Protect from unauthorized disclosure and use those data that are limited rights data or restricted computer software to the extent provided in paragraph (g) of this clause. (c) Copyright-- (1) Data first produced in the performance of this contract. (i) Unless provided otherwise in paragraph (d) of this clause, the Contractor may, without prior approval of the Contracting Officer, assert copyright in scientific and technical articles based on or containing data first produced in the performance of this contract and published in academic, technical or professional journals, symposia proceedings, or similar works. The prior, express written permission of the Contracting Officer is required to assert copyright in all other data first produced in the performance of this contract. (ii) When authorized to assert copyright to the data, the Contractor shall affix the applicable copyright notices of 17 U.S.C. 401 or 402, and an acknowledgment of Government sponsorship (including contract number). (iii) For data other than computer software, the Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly by or on behalf of the Government. For computer software, the Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted computer software to reproduce, prepare derivative works, and perform publicly and display publicly (but not to distribute copies to the public) by or on behalf of the Government. (2) Data not first produced in the performance of this contract. The Contractor shall not, without the prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract unless the Contractor-- (i) Identifies the data; and (ii) Grants to the Government, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause or, if such data are restricted computer software, the Government shall acquire a copyright license as set forth in paragraph (g)(4) of this clause (if included in this contract) or as otherwise provided in a collateral agreement incorporated in or made part of this contract. Page: 66 of 124 Attachment number 2 Page 72 of 130 Item # 24 (3) Removal of copyright notices. The Government will not remove any authorized copyright notices placed on data pursuant to this paragraph (c), and will include such notices on all reproductions of the data. (d) Release, publication, and use of data. The Contractor shall have the right to use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, except-- (1) As prohibited by Federal law or regulation (e.g., export control or national security laws or regulations); (2) As expressly set forth in this contract; or (3) If the Contractor receives or is given access to data necessary for the performance of this contract that contain restrictive markings, the Contractor shall treat the data in accordance with such markings unless specifically authorized otherwise in writing by the Contracting Officer. (e) Unauthorized marking of data. (1) Notwithstanding any other provisions of this contract concerning inspection or acceptance, if any data delivered under this contract are marked with the notices specified in paragraph (g) (3) or (g) (4) if included in this clause, and use of the notices is not authorized by this clause, or if the data bears any other restrictive or limiting markings not authorized by this contract, the Contracting Officer may at any time either return the data to the Contractor, or cancel or ignore the markings. However, pursuant to 41 U.S.C. 253d, the following procedures shall apply prior to canceling or ignoring the markings. (i) The Contracting Officer will make written inquiry to the Contractor affording the Contractor 60 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings; (ii) If the Contractor fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 60-day period (or a longer time approved in writing by the Contracting Officer for good cause shown), the Government shall have the right to cancel or ignore the markings at any time after said period and the data will no longer be made subject to any disclosure prohibitions. (iii) If the Contractor provides written justification to substantiate the propriety of the markings within the period set in paragraph (e)(1)(i) of this clause, the Contracting Officer will consider such written justification and determine whether or not the markings are to be cancelled or ignored. If the Contracting Officer determines that the markings are authorized, the Contractor will be so notified in writing. If the Contracting Officer determines, with concurrence of the head of the contracting activity, that the markings are not authorized, the Contracting Officer will furnish the Contractor a written determination, which determination will become the final agency decision regarding the appropriateness of the markings unless the Contractor files suit in a court of competent jurisdiction within 90 days of receipt of the Contracting Officer's decision. The Government will continue to abide by the markings under this paragraph (e)(1)(iii) until final resolution of the matter either by the Contracting Officer's determination becoming final (in which instance the Government will thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made subject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit is filed. (2) The time limits in the procedures set forth in paragraph (e)(1) of this clause may be modified in accordance with agency regulations implementing the Freedom of Information Act (5 U.S.C. 552) if necessary to respond to a request thereunder. (3) Except to the extent the Government's action occurs as the result of final disposition of the Page: 67 of 124 Attachment number 2 Page 73 of 130 Item # 24 matter by a court of competent jurisdiction, the Contractor is not precluded by paragraph (e) of the clause from bringing a claim, in accordance with the Disputes clause of this contract, that may arise as the result of the Government removing or ignoring authorized markings on data delivered under this contract. (f) Omitted or incorrect markings. (1) Data delivered to the Government without any restrictive markings shall be deemed to have been furnished with unlimited rights. The Government is not liable for the disclosure, use, or reproduction of such data. (2) If the unmarked data has not been disclosed without restriction outside the Government, the Contractor may request, within 6 months (or a longer time approved by the Contracting Officer in writing for good cause shown) after delivery of the data, permission to have authorized notices placed on the data at the Contractor's expense. The Contracting Officer may agree to do so if the Contractor-- (i) Identifies the data to which the omitted notice is to be applied; (ii) Demonstrates that the omission of the notice was inadvertent; (iii) Establishes that the proposed notice is authorized; and (iv) Acknowledges that the Government has no liability for the disclosure, use, or reproduction of any data made prior to the addition of the notice or resulting from the omission of the notice. (3) If data has been marked with an incorrect notice, the Contracting Officer may-- (i) Permit correction of the notice at the Contractor's expense if the Contractor identifies the data and demonstrates that the correct notice is authorized; or (ii) Correct any incorrect notices. (g) Protection of limited rights data and restricted computer software. (1) The Contractor may withhold from delivery qualifying limited rights data or restricted computer software that are not data identified in paragraphs (b)(1)(i), (ii), and (iii) of this clause. As a condition to this withholding, the Contractor shall-- (i) Identify the data being withheld; and (ii) Furnish form, fit, and function data instead. (2) Limited rights data that are formatted as a computer database for delivery to the Government shall be treated as limited rights data and not restricted computer software. (3) [Reserved] (h) Subcontracting. The Contractor shall obtain from its subcontractors all data and rights therein necessary to fulfill the Contractor's obligations to the Government under this contract. If a subcontractor refuses to accept terms affording the Government those rights, the Contractor shall promptly notify the Contracting Officer of the refusal and shall not proceed with the subcontract award without authorization in writing from the Contracting Officer. (i) Relationship to patents or other rights. Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right Page: 68 of 124 Attachment number 2 Page 74 of 130 Item # 24 otherwise granted to the Government. 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) (a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b) Before commencing work under this contract, the Contractor shall notify 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 prescribe; or (2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request. 52.229-1 STATE AND LOCAL TAXES (APR 1984) (DEVIATION I –MAY 2003) Notwithstanding the terms of the Federal, State, and Local Taxes clause, the contract price excludes all State and local taxes levied on or measured by the contract or sales price of the services or completed supplies furnished under this contract. The Contractor shall state separately on its invoices taxes excluded from the contract price, and the ordering activity agrees either to pay the amount of the taxes to the Contractor or provide evidence necessary to sustain an exemption. 52.229-3 Federal, State, AND LOCAL Taxes (APR 2003) (DEVIATION – FEB 2007) (a) As used in this clause— “After-imposed Federal tax” means any new or increased Federal excise tax or duty, or tax that was exempted or excluded on the contract date but whose exemption was later revoked or reduced during the contract period, on the transactions or property covered by this contract that the Contractor is required to pay or bear as the result of legislative, judicial, or administrative action taking effect after the contract date. It does not include social security tax or other employment taxes. “After-relieved Federal tax” means any amount of Federal excise tax or duty, except social security or other employment taxes, that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear, or for which the Contractor obtains a refund or drawback, as the result of legislative, judicial, or administrative action taking effect after the contract date. “All applicable Federal, State, and local taxes and duties” means all taxes and duties, in effect on the contract date, that the taxing authority is imposing and collecting on the transactions or property covered by this contract. Page: 69 of 124 Attachment number 2 Page 75 of 130 Item # 24 “Contract date” means the date set for bid opening or, if this is a negotiated contract or a modification, the effective date of this contract or modification. “Local taxes” includes taxes imposed by a possession or territory of the United States, Puerto Rico, or the Northern Mariana Islands, if the contract is performed wholly or partly in any of those areas. (b) The contract price includes all applicable Federal, State, and local taxes and duties. (c) The contract price shall be increased by the amount of any after-imposed Federal tax, provided the Contractor warrants in writing that no amount for such newly imposed Federal excise tax or duty or rate increase was included in the contract price, as a contingency reserve or otherwise. (d) The contract price shall be decreased by the amount of any after-relieved Federal tax. (e) The contract price shall be decreased by the amount of any Federal excise tax or duty, except social security or other employment taxes, that the Contractor is required to pay or bear, or does not obtain a refund of, through the Contractor’s fault, negligence, or failure to follow instructions of the Contracting Officer. (f) No adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds $250. (g) The Contractor shall promptly notify the Contracting Officer of all matters relating to any Federal excise tax or duty that reasonably may be expected to result in either an increase or decrease in the contract price and shall take appropriate action as the Contracting Officer directs. (h) The ordering activity shall, without liability, furnish evidence appropriate to establish exemption from any Federal, State, or local tax when the Contractor requests such evidence and a reasonable basis exists to sustain the exemption. 52.232-17 INTEREST (JUN 1996) (DEVIATION – MAY 2003) (a) Except as otherwise provided in this contract under a Price Reduction for Defective Cost or Pricing Data clause or a Cost Accounting Standards clause, all amounts that become payable by the Contractor to the ordering activity under this contract (net of any applicable tax credit under the Internal Revenue Code (26 U.S.C. 1481)) 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 12 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 paragraph (b) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (b) Amounts shall be due at the earliest of the following dates: (1) The date fixed under this contract. (2) The date of the first written demand for payment consistent with this contract, including any demand resulting from a default termination. (3) The date the ordering activity transmits to the Contractor a proposed supplemental agreement to confirm completed negotiations establishing the amount of debt. (4) If this contract provides for revision of prices, the date of written notice to the Contractor stating the amount of refund payable in connection with a pricing proposal or a negotiated pricing agreement not confirmed by contract modification. (c) The interest charge made under this clause may be reduced under the procedures prescribed in Page: 70 of 124 Attachment number 2 Page 76 of 130 Item # 24 32.614-2 of the Federal Acquisition Regulation in effect on the date of this contract. 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—CENTRAL CONTRACTOR REGISTRATION (OCT 2003) (a) Method of payment. (1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer. (2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either— (i) Accept payment by check or some other mutually agreeable method of payment; or (ii) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause). (b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database. (c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210. (d) Suspension of payment. If the Contractor's EFT information in the CCR database is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the CCR database; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply. (e) Liability for uncompleted or erroneous transfers. (1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for— (i) Making a correct payment; (ii) Paying any prompt payment penalty due; and (iii) Recovering any erroneously directed funds. (2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and— (i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or (ii) If the funds remain under the control of the payment office, the Government shall not Page: 71 of 124 Attachment number 2 Page 77 of 130 Item # 24 make payment, and the provisions of paragraph (d) of this clause shall apply. (f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System. (g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall register separately in the CCR database and shall be paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims pursuant to subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause. (h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor's financial agent. (i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in the CCR database. 52.232-34 Payment by Electronic Funds Transfer—Other than Central Contractor Registration (MAY 1999) (DEVIATION – FEB 2007) (a) Method of payment. (1) All payments by the ordering activity under this contract shall be made by electronic funds transfer (EFT) except as provided in paragraph (a)(2) of this clause. As used in this clause, the term “EFT” refers to the funds transfer and may also include the payment information transfer. (2) In the event the ordering activity is unable to release one or more payments by EFT, the Contractor agrees to either— (i) Accept payment by check or some other mutually agreeable method of payment; or (ii) Request the ordering activity to extend payment due dates until such time as the ordering activity makes payment by EFT (but see paragraph (d) of this clause). (b) Mandatory submission of Contractor's EFT information. (1) The Contractor is required to provide the ordering activity with the information required to make payment by EFT (see paragraph (j) of this clause). The Contractor shall provide this information directly to the office designated in this contract to receive that information (hereafter: “designated office”) by (to be determined by the ordering activity). If not otherwise specified in this contract, the payment office is the designated office for receipt of the Contractor’s EFT information. If more than one designated office is named for the contract, the Contractor shall Page: 72 of 124 Attachment number 2 Page 78 of 130 Item # 24 provide a separate notice to each office. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the designated office(s). (2) If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall specifically state the applicability of this EFT information in terms acceptable to the designated office. However, EFT information supplied to a designated office shall be applicable only to contracts that identify that designated office as the office to receive EFT information for that contract. (c) Mechanisms for EFT payment. The ordering activity may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR Part 210. (d) Suspension of payment. (1) The ordering activity is not required to make any payment under this contract until after receipt, by the designated office, of the correct EFT payment information from the Contractor. Until receipt of the correct EFT information, any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply. (2) If the EFT information changes after submission of correct EFT information, the ordering activity shall begin using the changed EFT information no later than 30 days after its receipt by the designated office to the extent payment is made by EFT. However, the Contractor may request that no further payments be made until the updated EFT information is implemented by the payment office. If such suspension would result in a late payment under the prompt payment terms of this contract, the Contractor’s request for suspension shall extend the due date for payment by the number of days of the suspension. (e) Liability for uncompleted or erroneous transfers. (1) If an uncompleted or erroneous transfer occurs because the ordering activity used the Contractor’s EFT information incorrectly, the ordering activity remains responsible for— (i) Making a correct payment; (ii) Paying any prompt payment penalty due; and (iii) Recovering any erroneously directed funds. (2) If an uncompleted or erroneous transfer occurs because the Contractor’s EFT information was incorrect, or was revised within 30 days of ordering activity release of the EFT payment transaction instruction to the Federal Reserve System, and— (i) If the funds are no longer under the control of the payment office, the ordering activity is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or (ii) If the funds remain under the control of the payment office, the ordering activity shall not make payment and the provisions of paragraph (d) shall apply. (f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System. Page: 73 of 124 Attachment number 2 Page 79 of 130 Item # 24 (g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall provide the EFT information required by paragraph (j) of this clause to the designated office, and shall be paid by EFT in accordance with the terms of this clause. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the ordering activity, is incorrect EFT information within the meaning of paragraph (d) of this clause. (h) Liability for change of EFT information by financial agent. The ordering activity is not liable for errors resulting from changes to EFT information provided by the Contractor’s financial agent. (i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The ordering activity may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the ordering activity does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the ordering activity. If the ordering activity makes payment by check in accordance with paragraph (a) of this clause, the ordering activity shall mail the payment information to the remittance address in the contract. (j) EFT information. The Contractor shall provide the following information to the designated office. The Contractor may supply this data for this or multiple contracts (see paragraph (b) of this clause). The Contractor shall designate a single financial agent per contract capable of receiving and processing the EFT information using the EFT methods described in paragraph (c) of this clause. (1) The contract number (or other procurement identification number). (2) The Contractor’s name and remittance address, as stated in the contract(s). (3) The signature (manual or electronic, as appropriate), title, and telephone number of the Contractor official authorized to provide this information. (4) The name, address, and 9-digit Routing Transit Number of the Contractor’s financial agent. (5) The Contractor’s account number and the type of account (checking, saving, or lockbox). (6) If applicable, the Fedwire Transfer System telegraphic abbreviation of the Contractor’s financial agent. (7) If applicable, the Contractor shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the Contractor’s financial agent is not directly on-line to the Fedwire Transfer System; and, therefore, not the receiver of the wire transfer payment. 52.232-37 MULTIPLE PAYMENT ARRANGEMENTS (MAY 1999) This contract or agreement provides for payments to the Contractor through several alternative methods. The applicability of specific methods of payment and the designation of the payment office(s) are either stated— (a) Elsewhere in this contract or agreement; or (b) In individual orders placed under this contract or agreement. Page: 74 of 124 Attachment number 2 Page 80 of 130 Item # 24 52.233-1 DISPUTES (JUL 2002) (a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). (b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. (c) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d) (1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2) (i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000. (ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor." (3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim. (e) For Contractor claims of $50,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $50,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. (f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. (g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offer. (h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. Page: 75 of 124 Attachment number 2 Page 81 of 130 Item # 24 (i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer. 52.233-3 PROTEST AFTER AWARD (AUG 1996) (a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either— (1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract. (b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if— (1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage;provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the request at any time before final payment under this contract. (c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order. (e) The Government's rights to terminate this contract at anytime are not affected by action taken under this clause. (f) If, as the result of the Contractor's intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2), or 33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government. 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) United States law will apply to resolve any claim of breach of this contract. Page: 76 of 124 Attachment number 2 Page 82 of 130 Item # 24 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor's failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price. 52.237-3 CONTINUITY OF SERVICES (JAN 1991) (DEVIATION – MAY 2003) (a) The Contractor recognizes that the services under this contract are vital to the ordering activity and must be continued without interruption and that, upon contract expiration, a successor, either the ordering activity or another contractor, may continue them. The Contractor agrees to- (1) Furnish phase-in training; and (2) Exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor. (b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency. (c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor. (d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract. 52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996) (a) The Contractor shall not publish or disclose in any manner, without the Contracting Officer's written consent, the details of any safeguards either designed or developed by the Contractor under this contract or otherwise provided by the Government. (b) To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the Contractor shall afford the Government access to the Contractor's facilities, installations, technical capabilities, operations, documentation, records, and databases. (c) If new or unanticipated threats or hazards are discovered by either the Government or the Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party. 52.242-13 BANKRUPTCY (JUL 1995) Page: 77 of 124 Attachment number 2 Page 83 of 130 Item # 24 In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the Contractor agrees to furnish, by certified mail or electronic commerce method authorized by the contract, written notification of the bankruptcy to the Contracting Officer responsible for administering the contract. This notification shall be furnished within five days of the initiation of the proceedings relating to bankruptcy filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of Government contract numbers and contracting offices for all Government contracts against which final payment has not been made. This obligation remains in effect until final payment under this contract. 52.242-15 STOP-WORK ORDER (AUG 1989) The “90-day” period stated in the clause may be reduced to less than 90 days. (a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either— (1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract. (b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if— (1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract. (c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order. 52.247-34 F.O.B. DESTINATION (NOV 1991) (DEVIATION – MAY 2003) (a) The term "f.o.b. destination," as used in this clause, means— (1) Free of expense to the ordering activity, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and Page: 78 of 124 Attachment number 2 Page 84 of 130 Item # 24 (2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The ordering activity shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the ordering activity acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the Contractor uses rail carrier or freight forwarder for less than carload shipments, the Contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee. (b) The Contractor shall— (1) (i) Pack and mark the shipment to comply with contract specifications; or (ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements; (2) Prepare and distribute commercial bills of lading; (3) Deliver the shipment in good order and condition to the point of delivery specified in the contract; (4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract; (5) Furnish a delivery schedule and designate the mode of delivering carrier; and (6) Pay and bear all charges to the specified point of delivery. 52.247-38 F.o.b. Inland Carrier, Point of Exportation (FEB 2006) (DEVIATION – FEB 2007) (a) The term “f.o.b. inland carrier, point of exportation,” as used in this clause, means free of expense to the ordering activity, on board the conveyance of the inland carrier, delivered to the specified point of exportation. (b) The Contractor shall— (1) (i) Pack and mark the shipment to comply with contract specifications; or (ii) In the absence of specifications, prepare the shipment for ocean transportation in conformance with carrier requirements to protect the goods and to ensure assessment of the lowest applicable transportation charge; (2) Prepare and distribute commercial bills of lading or other transportation receipt; (3) (i) Deliver the shipment in good order and condition in or on the conveyance of the carrier on the date or within the period specified; and (ii) Pay and bear all applicable charges, including transportation costs, to the point of delivery specified in the contract; Page: 79 of 124 Attachment number 2 Page 85 of 130 Item # 24 (4) Be responsible for any loss of and/or damage to the goods occurring before delivery of the shipment to the point of delivery in the contract; and (5) At the ordering activity’s request and expense, assist in obtaining the documents required for— (i) Exportation; or (ii) Importation at destination. 52.247-39 F.O.B. INLAND POINT, COUNTRY OF IMPORTATION (APR 1984) (a) The term "f.o.b. inland point, country of importation," as used in this clause, means free of expense to the Government, on board the indicated type of conveyance of the carrier, delivered to the specified inland point where the consignee's facility is located. (b) The Contractor shall— (1) (i) Pack and mark the shipment to comply with contract specifications; or (ii) In the absence of specifications, prepare the shipment for ocean transportation in conformance with carrier requirements to protect the goods; (2) (i) Deliver, in or on the inland carrier's conveyance, the shipment in good order and condition to the specified inland point where the consignee's facility is located; and (ii) Pay and bear all applicable charges incurred up to the point of delivery, including transportation costs; export, import, or other fees or taxes; costs of landing; wharfage costs; customs duties and costs of certificates of origin; consular invoices; and other documents that may be required for importation; and (3) Be responsible for any loss of and/or damage to the goods until their arrival on or in the carrier's conveyance at the specified inland point. 52.247-64 PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS (FEB 2006) (ALTERNATE I—APR 2003) (a) Except as provided in paragraph (b) and (e) of this clause, the Contractor shall use privately owned U.S.-flag commercial vessels, and no others, in the ocean transportation of any supplies to be furnished under this contract. (b) If such vessels are not available for timely shipment at rates that are fair and reasonable for privately owned U.S.-flag commercial vessels, the Contractor shall notify the Contracting Officer and request (1) authorization to ship in foreign-flag commercial vessels, or (2) designation of available U.S.-flag vessels. If the Contractor is authorized in writing by the Contracting Officer to ship the supplies in foreign-flag vessels, the contract price shall be equitably adjusted to reflect the difference in costs of shipping the supplies in privately owned U.S.-flag commercial vessels and in foreign flag vessels. (c) (1) The Contractor shall submit one legible copy of a rated on-board ocean bill of lading for each shipment to both (i) the Contracting Officer and (ii) the Office of Cargo Preference, Maritime Administration (MAR-590), 400 Seventh Street, SW, Washington, DC 20590. Subcontractor bills of lading shall be submitted through the Prime Contractor. (2) The Contractor shall furnish these bill of lading copies (i) within 20 working days of the date of loading for shipments originating in the United States, or (ii) within 30 working days for Page: 80 of 124 Attachment number 2 Page 86 of 130 Item # 24 shipments originating outside the United States. Each bill of lading copy shall contain the following information: (A) Sponsoring U.S. Government agency. (B) Name of vessel. (C) Vessel flag of registry. (D) Date of loading. (E) Port of loading. (F) Port of final discharge. (G) Description of commodity. (H) Gross weight in pounds and cubic feet if available. (I) Total ocean freight revenue in U.S. dollars. (d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts or purchase orders under this contract. (e) The requirement in paragraph (a) does not apply to— (1) Cargoes carried in vessels as required or authorized by law or treaty; (2) Ocean transportation between foreign countries of supplies purchased with foreign currencies made available, or derived from funds that are made available, under the Foreign Assistance Act of 1961 (22 U.S.C. 2353); and (3) Shipments of classified supplies when the classification prohibits the use of non-Government vessels. (f) Guidance regarding fair and reasonable rates for privately owned U.S.-flag commercial vessels may be obtained from the Office of Costs and Rates, Maritime Administration , 400 Seventh Street, SW, Washington, DC 20590, Phone: 202-366-4610. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): For contract clauses which are contained in the Federal Acquisition Regulation (FAR) the address is http://acquisition.gov/far/. Number Title Clause/Provision 52.202-1 DEFINITIONS (JUL 2004)Clause 52.203-3 GRATUITIES (APR 1984)Clause 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000) Clause 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR Clause Page: 81 of 124 Attachment number 2 Page 87 of 130 Item # 24 PERSONNEL (SEP 2007) 52.207-5 OPTION TO PURCHASE EQUIPMENT (FEB 1995) Clause 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAR 2009) (DEVIATION I - FEB 2007) Clause 52.212-4 CONTRACT TERMS AND CONDITION--COMMERCIAL ITEMS (MAR 2009) (ALTERNATE I - OCT 2008) (DEVIATION I - FEB 2007) Clause 52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA--MODIFICATIONS (OCT 1997) (ALTERNATE IV - OCT 1997) Clause 52.216-18 ORDERING (OCT 1995) (DEVIATION II - FEB 2007) Clause 52.216-19 ORDER LIMITATIONS (OCT 1995) (DEVIATION II - FEB 2007) Clause 52.216-22 INDEFINITE QUANTITY (OCT 1995) (DEVIATION I - JAN 1994) Clause 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997) Clause 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984) Clause 52.224-2 PRIVACY ACT (APR 1984)Clause 52.227-14 RIGHTS IN DATA--GENERAL (DEC 2007) Clause 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997) Clause 52.229-1 STATE AND LOCAL TAXES (APR 1984) (DEVIATION I - MAY 2003) Clause 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 2003) (DEVIATION I - FEB 2007) Clause 52.232-17 INTEREST (JUN 1996) (DEVIATION I - MAY 2003) Clause 52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER--OTHER THAN CENTRAL CONTRACTOR REGISTRATION (MAY 1999) (DEVIATION I - FEB 2007) Clause 52.232-37 MULTIPLE PAYMENT ARRANGEMENTS (MAY 1999) Clause 52.233-1 DISPUTES (JUL 2002)Clause 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) Clause 52.237-3 CONTINUITY OF SERVICES (JAN 1991) (DEVIATION I - MAY 2003) Clause 52.242-13 BANKRUPTCY (JUL 1995)Clause 52.242-15 STOP-WORK ORDER (AUG 1989) Clause 52.247-34 F.O.B. DESTINATION (NOV 1991) (DEVIATION I - MAY 2003) Clause 52.247-38 F.O.B. INLAND CARRIER, POINT OF EXPORTATION (FEB 2006) (DEVIATION I - FEB 2007) Clause 52.247-39 F.O.B. INLAND POINT, COUNTRY OF IMPORTATION (APR 1984) Clause 552.211-75 PRESERVATION, PACKAGING, AND PACKING (FEB 1996) (ALTERNATE I - MAY 2003) Clause 552.211-77 PACKING LIST (FEB 1996) (ALTERNATE I - MAY 2003) Clause 552.212-70 PREPARATION OF OFFER (MULTIPLE AWARD SCHEDULE) (AUG 1997) Clause 552.229-71 FEDERAL EXCISE TAX--DC GOVERNMENT (SEP 1999) Clause Page: 82 of 124 Attachment number 2 Page 88 of 130 Item # 24 552.232-74 INVOICE PAYMENTS (SEP 1999) Clause 552.232-79 PAYMENT BY CREDIT CARD (MAY 2003) Clause 552.232-81 PAYMENTS BY NON-FEDERAL ORDERING ACTIVITIES (MAY 2003) Clause 552.232-83 CONTRACTOR'S BILLING RESPONSIBILITIES (MAY 2003) Clause 552.238-73 CANCELLATION (SEP 1999)Clause 552.238-77 DEFINITION (FEDERAL SUPPLY SCHEDULES) (MAY 2003) Clause 552.238-79 USE OF FEDERAL SUPPLY SCHEDULE CONTRACTS BY CERTAIN ENTITIES--COOPERATIVE PURCHASING (MAY 2004) Clause 552.243-72 MODIFICATIONS (MULTIPLE AWARD SCHEDULE) (JUL 2000) (ALTERNATE I - SEP 1999) Clause C-FSS-412 CHARACTERISTICS OF ELECTRIC CURRENT (MAY 2000) Clause D-FSS-471 MARKING AND DOCUMENTATION REQUIREMENTS PER SHIPMENT (APR 1984) Clause D-FSS-477 TRANSSHIPMENTS (APR 1984) Clause F-FSS-202-F DELIVERY PRICES (APR 1984) Clause I-FSS-314 FOREIGN TAXES AND DUTIES (DEC 1990) Clause I-FSS-594 PARTS AND SERVICE (OCT 1988) Clause 552.203-71 RESTRICTION ON ADVERTISING (SEP 1999) The Contractor shall not refer to this contract in commercial advertising or similar promotions in such a manner as to state or imply that the product or service provided is endorsed or preferred by the White House, the Executive Office of the President, or any other element of the Federal Government, or is considered by these entities to be superior to other products or services. Any advertisement by the Contractor, including price-off coupons, that refers to a military resale activity shall contain the following statement: "This advertisement is neither paid for nor sponsored, in whole or in part, by any element of the United States Government." 552.211-15 Defense Priorities and Allocations System Requirements (SEP 2004) (a)Definitions. Approved program means a program determined to be necessary or appropriate for priorities and allocation support to promote the national defense by the Secretary of Defense, the Secretary of Energy, or the Department of Homeland Security Under Secretary for Emergency Preparedness and Response under the authority of the Defense Production Act, the Stafford Act, and Executive Order 12919, or the Selective Service Act and related statutes, and Executive Order 12742. See Schedule 1 of 15 CFR part 700 for a list of Delegate Agencies, approved programs, and program identification symbols at http://www.bis.doc.gov/DefenseIndustrialBasePrograms/OSIES/DPAS/Default.htm. Defense Priorities and Allocations System (DPAS)means the regulation published at 15 CFR part 700 that requires preferential treatment for certain contracts and orders placed by a Delegate Agency in support of an approved program. Delegate Agency means an agency of the U.S. Government authorized by delegation from the Department of Commerce (DOC) to place priority ratings on contracts or orders needed to support approved programs. Rated order means, for the purpose of this contract, a delivery or task order issued in accordance with the provisions of the DPAS regulation (15 CFR part 700). (b)Rated Order Requirement. Page: 83 of 124 Attachment number 2 Page 89 of 130 Item # 24 From time to time, the Contractor may receive a rated order under this contract from a Delegate Agency. The Contractor must give preferential treatment to rated orders as required by the Defense Priorities and Allocations System (DPAS) regulation (15 CFR part 700). The existence of previously accepted unrated or lower rated orders is not sufficient reason to reject a rated order. Rated orders take preference over all unrated orders as necessary to meet required delivery dates. There are two levels of ratings designated by the symbol of either “DO” or “DX.” All “DO” rated orders have equal priority with each other and take preference over unrated orders. All “DX” rated orders have equal priority with each other and take preference over “DO” rated orders and unrated orders. The rating designation is followed by a program identification symbol. Program identification symbols indicate which approved program is supported by the rated order (see Schedule 1 of 15 CFR part 700 for a list of Delegate Agencies, approved programs, and program identification symbols). (c)Additional information. Additional information may be obtained at the DOC DPAS website http://www.bis.doc.gov/DefenseIndustrialBasePrograms/OSIES/DPAS/Default.htm or by contacting the designated Administrative Contracting Officer. 552.211-75 PRESERVATION, PACKAGING, AND PACKING (FEB 1996) (ALTERNATE I - MAY 2003) Unless otherwise specified, all items shall be preserved, packaged, and packed in accordance with normal commercial practices, as defined in the applicable commodity specification. Packaging and packing shall comply with the requirements of the Uniform Freight Classification and the National Motor Freight Classification (issue in effect at time of shipment) and each shipping container of each item in a shipment shall be of uniform size and content, except for residual quantities. Where special or unusual packing is specified in an order, but not specifically provided for by the contract, such packing details must be the subject of an agreement independently arrived at between the ordering activity and the Contractor. 552.211-77 PACKING LIST (FEB 1996) (ALTERNATE I – MAY 2003) (a) A packing list or other suitable shipping document shall accompany each shipment and shall indicate: (1) Name and address of consignor; (2) Name and complete address of consignee; (3) Ordering activity order or requisition number; (4) Government bill of lading number covering the shipment (if any); and (5) Description of the material shipped, including item number, quantity, number of containers, and package number (if any). (b) When payment will be made by Ordering activity commercial credit card, in addition to the information in (a) above, the packing list or shipping document shall include: (1) Cardholder name and telephone number; and (2) the term "Credit Card." 552.211-78 COMMERCIAL DELIVERY SCHEDULE (MULTIPLE AWARD SCHEDULE) (FEB 1996) (a) Time of Delivery. The Contractor shall deliver to destination within the number of calendar days after receipt of order (ARO) in the case of F.O.B. Destination prices; or to place of shipment in transit in the case of F.O.B. Origin prices, as set forth below. Offerors shall insert in the “Time of Delivery (days ARO)” column in the schedule of Items a definite number of calendar days within which delivery will be made. In no case shall the offered delivery time exceed the Contractor's normal commercial practice. The Government requires the Contractor's normal commercial delivery time, as long as it is less than the “stated” delivery time(s) shown below. If the Offeror does not insert a delivery time in the schedule of items, the Offeror will be deemed to offer delivery in accordance with the Government's stated delivery time, as stated below: ITEMS OR GROUP OF ITEMS GOVERNMENT STATED CONTRACTOR’S NORMAL Page: 84 of 124 Attachment number 2 Page 90 of 130 Item # 24 (Special item No. or nomenclature)DELIVERY TIME (Days ARO)COMMERCIAL DELIVERY TIME 132-3 132-4 30 __________ 132-8 132-9 132-32 132-33 30 __________ 132-54 132-55 15 __________ (b) Expedited Delivery Times. For those items that can be delivered quicker than the delivery times in paragraph (a), above, the Offeror is requested to insert below, a time (hours/days ARO) that delivery can be made when expedited delivery is requested. ITEM OR GROUP OF ITEMS (Special Item No. of nomenclature) Expedited Delivery Time (Hours/Days ARO) ____________ ____________ ____________ (c) Overnight and 2-Day Delivery Times. Ordering activities may require overnight or 2—day delivery. The Offeror is requested to annotate its price list or by separate attachment identify the items that can be delivered overnight or within 2 days. Contractors offering such delivery services will be required to state in the cover sheet to its FSS price list details concerning this service. Note: Regulation 552.211-78 In addition to (a) above, for SIN 132-54 and SIN 132-55, the following are accelerated and time-critical delivery time frames: SIN 132-54 and SIN 132-55 - Governments Stated Delivery Time: 7 days or less = accelerated service delivery SIN 132-54 and SIN 132-55 - Governments Stated Delivery Time: 4 hours or less = time-critical delivery 552.212-70 PREPARATION OF OFFER (MULTIPLE AWARD SCHEDULE) (AUG 1997) Page: 85 of 124 Attachment number 2 Page 91 of 130 Item # 24 (a) Definitions.Concession, as used in this solicitation, means a benefit, enhancement or privilege (other than a discount), which either reduces the overall cost of a customer’s acquisition or encourages a customer to consummate a purchase. Concessions include, but are not limited to freight allowance, extended warranty, extended price guarantees, free installation and bonus goods. Discount, as used in this solicitation, means a reduction to catalog prices (published or unpublished). Discounts include, but are not limited to, rebates, quantity discounts, purchase option credits, and any other terms or conditions other than concessions) which reduce the amount of money a customer ultimately pays for goods or services ordered or received. Any net price lower than the list price is considered a “discount” by the percentage difference from the list price to the net price. (b) For each Special Item Number (SIN) included in an offer, the Offeror shall provide the information outlined in paragraph (c). Offerors may provide a single response covering more than one SIN, if the information disclosed is the same for all products under each SIN. If discounts and concessions vary by model or product line, offerors shall ensure that information is clearly annotated as to item or items referenced. (c) Provide information described below for each SIN: (1) Two copies of the offeror’s current published (dated or otherwise identified) commercial descriptive catalogs and/or price list(s) from which discounts are offered. If special catalogs or price lists are printed for the purpose of this offer, such descriptive catalogs or price lists shall include a statement indicating the special catalog or price list represent a verbatim extract from the Offeror’s commercial catalog and/or price list and identify the descriptive catalog and/or price list from which the information has been extracted. (2) Next to each offered item in the commercial catalog and/or price list, the Offeror shall write the special item number (SIN) under which the item is being offered. Unless a special catalog or price list is submitted, all other items shall be marked “excluded,” lined out, and initialed by the offeror. (3) The discount(s) offered under this solicitation. The description of discounts offered shall include all discounts, such as prompt payment discounts, quantity/dollar volume discounts (indicate whether models/products can be combined within the SIN or whether SINs can be combined to earn discounts), blanket purchase agreement discounts, or purchase option credits. If the terms of sale appearing in the commercial catalogs or price list on which an offer is based are in conflict with the terms of this solicitation, the latter shall govern. (4) A description of concessions offered under this solicitation which are not granted to other customers. Such concessions may include, but are not limited to, an extended warranty, a return/exchange goods policy, or enhanced or additional services. (5) If the Offeror is a dealer/reseller or the Offeror will use dealers to perform any aspect of contract awarded under this solicitation, describe the functions, if any, that the dealer/reseller will perform. 552.212-71 CONTRACT TERMS AND CONDITIONS APPLICABLE TO GSA ACQUISITION OF COMMERCIAL ITEMS (JUL 2003) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: Number Title Clause/Provision 552.203-71 RESTRICTION ON ADVERTISING (SEP 1999) Clause Page: 86 of 124 Attachment number 2 Page 92 of 130 Item # 24 552.215-71 EXAMINATION OF RECORDS BY GSA (MULTIPLE AWARD SCHEDULE) (JUL 2003) Clause 552.215-72 PRICE ADJUSTMENT--FAILURE TO PROVIDE ACCURATE INFORMATION (AUG 1997) Clause 552.232-23 ASSIGNMENT OF CLAIMS (SEP 1999) Clause 552.232-8 DISCOUNTS FOR PROMPT PAYMENT (APR 1989) (DEVIATION FAR 52.232-8) (ALTERNATE I - MAY 2003) Clause 552.238-71 SUBMISSION AND DISTRIBUTION OF AUTHORIZED FSS SCHEDULE PRICELISTS (SEP 1999) (DEVIATION I - DEC 2004) Clause 552.238-74 INDUSTRIAL FUNDING FEE AND SALES REPORTING (JUL 2003) Clause 552.238-75 PRICE REDUCTIONS (MAY 2004) (ALTERNATE I - MAY 2003) Clause 552.212-72 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO GSA ACQUISITION OF COMMERCIAL ITEMS (SEP 2003) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement provisions of law or Executive Orders applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: Number Title Clause/Provision 552.238-70 IDENTIFICATION OF ELECTRONIC OFFICE EQUIPMENT PROVIDING ACCESSIBILITY FOR THE HANDICAPPED (SEP 1991) Clause 552.238-72 IDENTIFICATION OF PRODUCTS THAT HAVE ENVIRONMENTAL ATTRIBUTES (SEP 2003) Clause 552.215-71 EXAMINATION OF RECORDS BY GSA (MULTIPLE AWARD SCHEDULE) (JUL 2003) The Contractor agrees that the Administrator of General Services or any duly authorized representative shall have access to and the right to examine any books, documents, papers and records of the Contractor involving transactions related to this contract for overbillings, billing errors, compliance with the Price Reduction clause and compliance with the Industrial Funding Fee and Sales Reporting clause of this contract. This authority shall expire 3 years after final payment. The basic contract and each option shall be treated as separate contracts for purposes of applying this clause. 552.215-72 PRICE ADJUSTMENT—FAILURE TO PROVIDE ACCURATE INFORMATION (AUG 1997) (a) The Government, at its election, may reduce the price of this contract or contract modification if the Contracting Officer determines after award of this contract or contract modification that the price negotiated was increased by a significant amount because the Contractor failed to: (1) provide information required by this solicitation/contract or otherwise requested by the Government; or (2) submit information that was current, accurate, and complete; or Page: 87 of 124 Attachment number 2 Page 93 of 130 Item # 24 (3) disclose changes in the Contractor’s commercial pricelist(s), discounts or discounting policies which occurred after the original submission and prior to the completion of negotiations. (b) The Government will consider information submitted to be current, accurate and complete if the data is current, accurate and complete as of 14 calendar days prior to the date it is submitted. (c) If any reduction in the contract price under this clause reduces the price for items for which payment was made prior to the date of the modification reflecting the price reduction, the Contractor shall be liable to and shall pay the United States— (1) The amount of the overpayment; and (2) Simple interest on the amount of such overpayment to be computed from the date(s) of overpayment to the Contractor to the date the Government is repaid by the Contractor at the applicable underpayment rate effective each quarter prescribed by the Secretary of Treasury under 26 U.S.C. 6621(a)(2). (d) Failure to agree on the amount of the decrease shall be resolved as a dispute. (e) In addition to the remedy in paragraph (a) of this clause, the Government may terminate this contract for default. The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this contract. 552.216-70 ECONOMIC PRICE ADJUSTMENT—FSS MULTIPLE AWARD SCHEDULE CONTRACTS (SEP 1999) (ALTERNATE I—SEP 1999) Price adjustments include price increases and price decreases. Adjustments will be considered as follows: (a) Contractors shall submit price decreases anytime during the contract period in which they occur. Price decreases will be handled in accordance with the provisions of the Price Reduction Clause. (b) Contractors may request price increases to be effective on or after the first 12 months of the contract period providing all of the following conditions are met: (1) Increases resulting from a reissue or other modification of the Contractor's commercial catalog/pricelist that was used as the basis for the contract award. (2) No more than three increases will be considered during each succeeding 12-month period of the contract.(For succeeding contract periods of less than 12 months, up to three increases will be considered subject to the other conditions of this subparagraph (b)). (3) Increases are requested before the last 60 days of the contract period. (4) At least 30 days elapse between requested increases. (c) In any contract period during which price increases will be considered, the aggregate of the increases during any 12-month period shall not exceed (10%) ten percent of the contract unit price in effect at the end of the preceding 12-month period. The Government reserves the right to raise the ceiling when market conditions during the contract period support such a change. (d) The following material shall be submitted with the request for a price increase: (1) A copy of the commercial catalog/pricelist showing the price increase and the effective date for commercial customers. (2) Commercial Sales Practice format regarding the Contractor's commercial pricing practice Page: 88 of 124 Attachment number 2 Page 94 of 130 Item # 24 relating to the reissued or modified catalog/pricelist, or a certification that no change has occurred in the data since completion of the initial negotiation or a subsequent submission. (3) Documentation supporting the reasonableness of the price increase. (e) The Government reserves the right to exercise one of the following options: (1) Accept the Contractor's price increases as requested when all conditions of (b), (c), and (d) of this clause are satisfied; (2) Negotiate more favorable discounts from the new commercial prices when the total increase requested is not supported; or, (3) Remove the product(s) from contract involved pursuant to the Cancellation Clause of this contract, when the increase requested is not supported. (f) The contract modification reflecting the price adjustment shall be signed by the Government and made effective upon receipt of notification from the Contractor that the new catalog/pricelist has been mailed to the addressees previously furnished by the Contracting Officer, provided that in no event shall such price adjustment be effective prior to the effective date of the commercial price increases. The increased contract prices shall apply to delivery orders issued to the Contractor on or after the effective date of the contract modification. Note: Regulation 552.216-70 THIS REGULATION FOR ECONOMIC PRICE ADJUSTMENT (EPA) IS RELATING TO PRODUCTS AND /OR SERVICES THAT WERE AWARDED BASED ON A COMMERCIAL CATALOG PRICE. 552.216-72 Placement of orders (SEP 1999) (Alternate IV -- FEB 2007) (a) See 552.238-78, Scope of Contract (Eligible Ordering Activities)--Alternate I, for who may order under this contract. (b) Orders may be placed through Electronic Data Interchange (EDI) or mailed in paper form. EDI orders shall be placed using the American National Standards Institute (ANSI) X12 Standard for Electronic Data Interchange (EDI) format. (c) If the Contractor agrees, GSA's Federal Acquisition Service (FAS) will place orders for eligible ordering activities, as defined in paragraph (a) of the clause at 552.238-78-Alternate I, by EDI using computer-to-computer EDI. If computer-to-computer EDI is not possible, FAS will use an alternative EDI method allowing the Contractor to receive orders by facsimile transmission. Subject to the Contractor's agreement, other eligible ordering activities, as defined in paragraphs (a) and (d) of the clause at 552.238-78-Alternate I, may also place orders by EDI. (d) When computer-to-computer EDI procedures will be used to place orders, the Contractor shall enter into one or more Trading Partner Agreements (TPA) with each ordering activity placing orders electronically in order to ensure mutual understanding by the parties of certain electronic transaction conventions and to recognize the rights and responsibilities of the parties as they apply to this method of placing orders. The TPA must identify, among other things, the third party provider(s) through which electronic orders are placed, the transaction sets used, security procedures, and guidelines for implementation. Ordering activities may obtain a sample format to customize as needed from the office specified in paragraph (g) of this clause. (e) The Contractor shall be responsible for providing its own hardware and software necessary to Page: 89 of 124 Attachment number 2 Page 95 of 130 Item # 24 transmit and receive data electronically. Additionally, each party to the TPA shall be responsible for the costs associated with its use of third party provider services. (f) Nothing in the TPA will invalidate any part of this contract between the Contractor and the General Services Administration. All terms and conditions of this contract that otherwise would be applicable to a mailed order shall apply to the electronic order. (g) The basic content and format of the TPA will be provided by: General Services Administration Acquisition Operations and Electronic Commerce Center (FCS) Washington, DC 20406 Telephone: (703) 305-7741 FAX: (703) 305-7720 Note: Regulation 552.216-72 THE PREVIOUS ADDRESS/PHONE NUMBER IS OUT OF DATE, AND NO LONGER VALID. THE CORRECT ADDRESS IS: General Services Administration Chief Information Officer (CIO) EDI Helpdesk 2100 Crystal Drive Arlington, VA 22202 703-605-9444 552.229-71 FEDERAL EXCISE TAX—DC GOVERNMENT (SEP 1999) If the District of Columbia cites an Internal Revenue Tax Exempt Certificate Number on orders placed under this contract, the Contractor shall bill shipments to the District of Columbia at prices exclusive of Federal excise tax and show the amount of such tax on the invoice. 552.232-23 ASSIGNMENT OF CLAIMS (SEP 1999) Because this is a requirements or indefinite quantity contract under which more than one agency may place orders, paragraph (a) of the Assignment of Claims clause (FAR 52.232-23) is inapplicable and the following is substituted therefor: In order to prevent confusion and delay in making payment, the Contractor shall not assign any claim(s) for amounts due or to become due under this contract. However, the Contractor is permitted to assign separately to a bank, trust company, or other financial institution, including any Federal lending agency, under the provisions of the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15 (hereinafter referred to as "the Act"), all amounts due or to become due under any order amounting to $1,000 or more issued by any Government agency under this contract. Any such assignment takes effect only if and when the assignee files written notice of the assignment together with a true copy of the instrument of assignment with the contracting officer issuing the order and the finance office designated in the order to make payment. Unless otherwise stated in the order, payments to an assignee of any amounts due or to become due under any order assigned may, to the extent specified in the Act, be subject to reduction or set-off. Page: 90 of 124 Attachment number 2 Page 96 of 130 Item # 24 552.232-74 INVOICE PAYMENTS (SEP 1999) (a) The due date for making invoice payments by the designated payment office is: (1) For orders placed electronically by the General Services Administration (GSA) Federal Supply Service (FSS), and to be paid by GSA through electronic funds transfer (EFT), the later of the following two events: (i) The 10th day after the designated billing office receives a proper invoice from the Contractor. If the designated billing office fails to annotate the invoice with the date of receipt at the time of receipt, the invoice payment due date shall be the 10th day after the date of the Contractor's invoice; provided the Contractor submitted a proper invoice and no disagreement exists over quantity, quality, or Contractor compliance with contract requirements. (ii) The 10th day after Government acceptance of supplies delivered or services performed by the Contractor. (2) For all other orders, the later of the following two events: (i) The 30th day after the designated billing office receives a proper invoice from the Contractor. If the designated billing office fails to annotate the invoice with the date of receipt at the time of receipt, the invoice payment due date shall be the 30th day after the date of the Contractor's invoice; provided the Contractor submitted a proper invoice and no disagreement exists over quantity, quality, or Contractor compliance with contract requirements. (ii) The 30th day after Government acceptance of supplies delivered or services performed by the Contractor. (3) On a final invoice, if the payment amount is subject to contract settlement actions, acceptance occurs on the effective date of the contract settlement. (b) The General Services Administration will issue payment on the due date in (a)(1) above if the Contractor complies with full cycle electronic commerce. Full cycle electronic commerce includes all the following elements: (1) The Contractor must receive and fulfill electronic data interchange (EDI) purchase orders (transaction set 850). (2) The Contractor must generate and submit to the Government valid EDI invoices (transaction set 810) or submit invoices through the GSA Finance Center Internet-based invoice process. Internet-based invoices must be submitted using procedures provided by GSA. (3) The Contractor's financial institution must receive and process, on behalf of the Contractor, EFT payments through the Automated Clearing House (ACH) system. (4) The EDI transaction sets in (b)(1) through (b)(3) above must adhere to implementation conventions provided by GSA. (c) If any of the conditions in (b) above do not occur, the 10 day payment due dates in (a)(1) become 30 day payment due dates. (d) Notwithstanding paragraph (g) of the clause at FAR 52.212-4, Contract Terms and Conditions--Commercial Items, if the Contractor submits hard-copy invoices, submit only an original invoice. No copies of the invoice are required. (e) All other provisions of the Prompt Payment Act (31 U.S.C. 3901 et seq.) and Office of Management Page: 91 of 124 Attachment number 2 Page 97 of 130 Item # 24 and Budget (OMB) Circular A-125, Prompt Payment, apply. 552.232-79 PAYMENT BY CREDIT CARD (MAY 2003) (a) Definitions. “Credit card” means any credit card used to pay for purchases, including the Governmentwide Commercial Purchase Card. “Governmentwide commercial purchase card” means a uniquely numbered credit card issued by a contractor under GSA's Governmentwide Contract for Fleet, Travel, and Purchase Card Services to named individual Government employees or entities to pay for official Government purchases. “Oral order” means an order placed orally either in person or by telephone. (b) The Contractor must accept the credit card for payments equal to or less than the micro-purchase threshold (see Federal Acquisition Regulation 2.101) for oral or written orders under this contract. (c) The Contractor and the ordering agency may agree to use the credit card for dollar amounts over the micro-purchase threshold, and the Government encourages the Contractor to accept payment by the purchase card. The dollar value of a purchase card action must not exceed the ordering agency's established limit. If the Contractor will not accept payment by the purchase card for an order exceeding the micro-purchase threshold, the Contractor must so advise the ordering agency within 24 hours of receipt of the order. (d) The Contractor shall not process a transaction for payment through the credit card clearinghouse until the purchased supplies have been shipped or services performed. Unless the cardholder requests correction or replacement of a defective or faulty item under other contract requirements, the Contractor must immediately credit a cardholder's account for items returned as defective or faulty. (e) Payments made using the Governmentwide commercial purchase card are not eligible for any negotiated prompt payment discount. Payment made using an ordering activity debit card will receive the applicable prompt payment discount. 552.232-8 DISCOUNTS FOR PROMPT PAYMENT (APR 1989) (DEVIATION FAR 52.232-8) (ALTERNATE I — MAY 2003) (a) Discounts for early payment (hereinafter referred to as "discounts" or "the discount") will be considered in evaluating the relationship of the offeror's concessions to the Government vis-a-vis the offeror's concessions to its commercial customers, but only to the extent indicated in this clause. (b) Discounts will not be considered to determine the low offeror in the situation described in the "Offers on Identical Products" provision of this solicitation. (c) Uneconomical discounts will not be considered as meeting the criteria for award established by the Government. In this connection, a discount will be considered uneconomical if the annualized rate of return for earning the discount is lower than the "value of funds" rate established by the Department of the Treasury and published quarterly in the Federal Register. The "value of funds" rate applied will be the rate in effect on the date specified for the receipt of offers. (d) Discounts for early payment may be offered either in the original offer or on individual invoices submitted under the resulting contract. Discounts offered will be taken by the Government if payment is made within the discount period specified. Page: 92 of 124 Attachment number 2 Page 98 of 130 Item # 24 (e) Discounts that are included in offers become a part of the resulting contracts and are binding on the Contractor for all orders placed under the contract. Discounts offered only on individual invoices will be binding on the Contractor only for the particular invoice on which the discount is offered. (f) In connection with any discount offered for prompt 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 date on which an electronic funds transfer was made. 552.232-81 PAYMENTS BY NON-FEDERAL ORDERING ACTIVITIES (MAY 2003) If eligible non-federal ordering activities are subject to a State prompt payment law, the terms and conditions of the applicable State law apply to the orders placed under this contract by such activities. If eligible non-federal ordering activities are not subject to a State prompt payment law, the terms and conditions of the Federal Prompt Payment Act as reflected in Federal Acquisition Regulation clause 52.232-25, Prompt Payment, or 52.212-4, Contract Terms and Conditions—Commercial Items, apply to such activities in the same manner as to Federal ordering activities. 552.232-83 CONTRACTOR’S BILLING RESPONSIBILITIES (MAY 2003) The Contractor is required to perform all billings made pursuant to this contract. However, if the Contractor has dealers that participate on the contract and the billing/payment process by the Contractor for sales made by the dealer is a significant administrative burden, the following alternative procedures may be used. Where dealers are allowed by the Contractor to bill ordering activities and accept payment in the Contractor’s name, the Contractor agrees to obtain from all dealers participating in the performance of the contract a written agreement, which will require dealers to— (1) Comply with the same terms and conditions regarding prices as the Contractor for sales made under the contract; (2) Maintain a system of reporting sales under the contract to the manufacturer, which includes— (i) The date of sale; (ii) The ordering activity to which the sale was made; (iii) The service or product/model sold; (iv) The quantity of each service or product/model sold; (v) The price at which it was sold, including discounts; and (vi) All other significant sales data. (3) Be subject to audit by the Government, with respect to sales made under the contract; and (4) Place orders and accept payments in the name of the Contractor in care of the dealer. An agreement between a Contractor and its dealers pursuant to this procedure will not establish privity of contract between dealers and the Government. 552.238-70 IDENTIFICATION OF ELECTRONIC OFFICE EQUIPMENT PROVIDING ACCESSIBILITY FOR THE HANDICAPPED (SEP 1991) Page: 93 of 124 Attachment number 2 Page 99 of 130 Item # 24 (a)Definitions. "Electronic office equipment accessibility" means the application/configuration of electronic office equipment (includes hardware, software, and firmware) in a manner that accommodates the functional limitations of individuals with disabilities (i.e., handicapped individuals) so as to promote productivity and provide access to work related and/or public information resources. "Handicapped individuals" mean qualified individuals with impairments as cited in 29 CFR 1613.702(f) who can benefit from electronic office equipment accessibility. "Special peripheral" means a special needs aid that provides access to electronic equipment that is otherwise inaccessible to a handicapped individual. (b) The offeror is encouraged to identify in its offer, and include in any commercial catalogs and pricelists accepted by the Contracting Officer, office equipment, including any special peripheral, that will facilitate electronic office equipment accessibility for handicapped individuals. Identification should include the type of disability accommodated and how the users with that disability would be helped. 552.238-71 SUBMISSION AND DISTRIBUTION OF AUTHORIZED FSS SCHEDULE PRICELISTS (SEP 1999) (DEVIATION DEC 2004) (a) The Contracting Officer will return one copy of the Authorized FSS Schedule Pricelist to the Contractor with the notification of contract award. (b) The Contractor shall provide to the GSA Contracting Officer: (1) Two paper copies of the Authorized FSS Schedule Pricelist; and (2) The Authorized FSS Schedule Pricelist on a common-use electronic medium. (c) The Contracting Officer will provide detailed instructions for the electronic submission with the award notification. Some structured data entry in a prescribed format may be required. (d) During the period of the contract, the Contractor shall provide one copy of its Authorized FSS Schedule Pricelist to any authorized Schedule user, upon request. 552.238-72 IDENTIFICATION OF PRODUCTS THAT HAVE ENVIRONMENTAL ATTRIBUTES (SEP 2003) (a) Several laws, Executive orders and Agency directives require Federal buyers to purchase products that are less harmful to the environment, when they are life cycle cost-effective (see FAR Subpart 23.7). The U.S. General Services Administration (GSA) requires contractors to highlight environmental products under Federal Supply Service schedule contracts in various communications media (e.g., publications and electronic formats). (b) Definitions. As used in this clause — Energy-efficient product means a product that— (1) Meets Department of Energy and Environmental Protection Agency criteria for use of the ENERGY STAR [reg] trademark label; or (2) Is in the upper 25 percent of efficiency for all similar products as designated by the Department of Energy’s Federal Energy Management Program. GSA Advantage! is an on-line shopping mall and ordering system that provides customers with access Page: 94 of 124 Attachment number 2 Page 100 of 130 Item # 24 to products and services under GSA contracts. Other environmental attributes refers to product characteristics that provide environmental benefits, excluding recovered materials and energy and water efficiency. Several examples of these characteristics are biodegradable, recyclable, reduced pollutants, ozone safe, and low volatile organic compounds (VOCs). Post-consumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Post-consumer material is part of the broader category of “recovered material.” The Environmental Protection Agency (EPA) has developed a list of EPA-designated products in their Comprehensive Procurement Guidelines (CPGs) to provide Federal agencies with purchasing recommendations on specific products in a Recovered Materials Advisory Notice (RMAN). The RMAN contains recommended recovered and post-consumer material content levels for the specific products designated by EPA (40 CFR part 247 and http://www.epa.gov/cpg/). Recovered materials means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process (Executive Order 13101 and 42 U.S.C. 6903 (19) and http://www.epa.gov/cpg/). For paper and paper products, see the definition at FAR 11.301 (42 U.S.C. 6962 (h)). Remanufactured means factory rebuilt to original specifications. Renewable energy means energy produced by solar, wind, geothermal, and biomass power. Renewable energy technology means— (1) Technologies that use renewable energy to provide light, heat, cooling, or mechanical or electrical energy for use in facilities or other activities; or (2) The use of integrated whole-building designs that rely upon renewable energy resources, including passive solar design. (c) (1) The offeror must identify products that— (i) Are compliant with the recovered and post-consumer material content levels recommended in the Recovered Materials Advisory Notices (RMANs) for EPA-designated products in the CPG program (http://www.epa.gov/cpg/); (ii) Contain recovered materials that either do not meet the recommended levels in the RMANs or are not EPA-designated products in the CPG program (see FAR 23.401 and http://www.epa.gov/cpg/); (iii) Are energy-efficient, as defined by either ENERGY STAR [reg] and/or FEMP’s designated top 25th percentile levels (see ENERGY STAR [reg] at http://www.energystar.gov/ and FEMP at http://www.eere.energy.gov/); (iv) Are water-efficient; (v) Use renewable energy technology; (vi) Are remanufactured; and (vii) Have other environmental attributes. (2) These identifications must be made in each of the offeror’s following mediums: Page: 95 of 124 Attachment number 2 Page 101 of 130 Item # 24 (i) The offer itself. (ii) Printed commercial catalogs, brochures, and pricelists. (iii) Online product website. (iv) Electronic data submission for GSA Advantage! submitted via GSA’s Schedules Input Program (SIP) software or the Electronic Data Inter-change (EDI). Offerors can use the SIP or EDI methods to indicate environmental and other attributes for each product that is translated into respective icons in GSA Advantage!. (d) An offeror, in identifying an item with an environmental attribute, must possess evidence or rely on a reasonable basis to substantiate the claim (see 16 CFR part 260, Guides for the Use of Environmental Marketing Claims). The Government will accept an offeror’s claim of an item’s environmental attribute on the basis of— (1) Participation in a Federal agency-sponsored program (e.g., the EPA and DOE ENERGY STAR [reg] product labeling program); (2) Verification by an independent organization that specializes in certifying such claims; or (3) Possession of competent and reliable evidence. For any test, analysis, research, study, or other evidence to be “competent and reliable,” it must have been conducted and evaluated in an objective manner by persons qualified to do so, using procedures generally accepted in the profession to yield accurate and reliable results. 552.238-73 CANCELLATION (SEP 1999) Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 calendar days after the other party receives the notice of cancellation. If the Contractor elects to cancel this contract, the Government will not reimburse the minimum guarantee. 552.238-74 INDUSTRIAL FUNDING FEE AND SALES REPORTING (JUL 2003) (a) Reporting of Federal Supply Schedule Sales. The Contractor shall report all contract sales under this contract as follows: (1) The Contractor shall accurately report the dollar value, in U.S. dollars and rounded to the nearest whole dollar, of all sales under this contract by calendar quarter (January 1-March 31, April 1-June 30, July 1-September 30, and October 1-December 31). The dollar value of a sale is the price paid by the Schedule user for products and services on a Schedule task or delivery order. The reported contract sales value shall include the Industrial Funding Fee (IFF). The Contractor shall maintain a consistent accounting method of sales reporting, based on the Contractor’s established commercial accounting practice. The acceptable points at which sales may be reported include-- (i) Receipt of order; (ii) Shipment or delivery, as applicable; (iii) Issuance of an invoice; or (iv) Payment. (2) Contract sales shall be reported to FSS within 30 calendar days following the completion of Page: 96 of 124 Attachment number 2 Page 102 of 130 Item # 24 each reporting quarter. The Contractor shall continue to furnish quarterly reports, including “zero” sales, through physical completion of the last outstanding task order or delivery order of the contract. (3) Reportable sales under the contract are those resulting from sales of contract items to authorized users unless the purchase was conducted pursuant to a separate contracting authority such as a Governmentwide Acquisition Contract (GWAC); a separately awarded FAR Part 12, FAR Part 13, FAR Part 14, or FAR Part 15 procurement; or a non-FAR contract. Sales made to state and local governments under Cooperative Purchasing authority shall be counted as reportable sales for IFF purposes. (4) The Contractor shall electronically report the quarterly dollar value of sales, including “zero” sales, by utilizing the automated reporting system at an Internet website designated by the General Services Administration’s (GSA) Federal Supply Service (FSS). Prior to using this automated system, the Contractor shall complete contract registration with the FSS Vendor Support Center (VSC). The website address, as well as registration instructions and reporting procedures, will be provided at the time of award. The Contractor shall report sales separately for each National Stock Number (NSN), Special Item Number (SIN), or sub-item. (5) The Contractor shall convert the total value of sales made in foreign currency to U.S. dollars using the “Treasury Reporting Rates of Exchange” issued by the U.S. Department of Treasury, Financial Management Service. The Contractor shall use the issue of the Treasury report in effect on the last day of the calendar quarter. The report is available from Financial Management Service, International Funds Branch, Telephone: (202) 874-7994, Internet: http://www.fms.treas.gov/intn.html. (b) The Contractor shall remit the IFF at the rate set by GSA’s FSS. (1) The Contractor shall remit the IFF to FSS in U.S. dollars within 30 calendar days after the end of the reporting quarter; final payment shall be remitted within 30 days after physical completion of the last outstanding task order or delivery order of the contract. (2) The IFF represents a percentage of the total quarterly sales reported. This percentage is set at the discretion of GSA’s FSS. GSA’s FSS has the unilateral right to change the percentage at any time, but not more than once per year. FSS will provide reasonable notice prior to the effective date of the change. The IFF reimburses FSS for the costs of operating the Federal Supply Schedules Program and recoups its operating costs from ordering activities. Offerors must include the IFF in their prices. The fee is included in the award price(s) and reflected in the total amount charged to ordering activities. FSS will post notice of the current IFF at http://72a.fss.gsa.gov/ or successor website as appropriate. (c) Within 60 days of award an FSS representative will provide the Contractor with specific written procedural instructions on remitting the IFF. FSS reserves the unilateral right to change such instructions from time to time, following notification to the Contractor. (d) Failure to remit the full amount of the IFF within 30 calendar days after the end of the applicable reporting period constitutes a contract debt to the United States Government under the terms of FAR Subpart 32.6. The Government may exercise all rights under the Debt Collection Improvement Act of 1996, including withholding or setting off payments and interest on the debt (see FAR clause 52.232-17, Interest). Should the Contractor fail to submit the required sales reports, falsify them, or fail to timely pay the IFF, this is sufficient cause for the Government to terminate the contract for cause. 552.238-75 PRICE REDUCTIONS (MAY 2004) (ALTERNATE I - MAY 2003)538.273(b)(2) (a) Before award of a contract, the Contracting Officer and the Offeror will agree upon (1) the customer (or category of customers) which will be the basis of award, and (2) the Government's price or discount Page: 97 of 124 Attachment number 2 Page 103 of 130 Item # 24 relationship to the identified customer (or category of customers). This relationship shall be maintained throughout the contract period. Any change in the Contractor's commercial pricing or discount arrangement applicable to the identified customer (or category of customers) which disturbs this relationship shall constitute a price reduction. (b) During the contract period, the Contractor shall report to the Contracting Officer all price reductions to the customer (or category of customers) that was the basis of award. The Contractor's report shall include an explanation of the conditions under which the reductions were made. (c) (1) A price reduction shall apply to purchases under this contract if, after the date negotiations conclude, the Contractor — (i) Revises the commercial catalog, pricelist, schedule or other document upon which contract award was predicated to reduce prices; (ii) Grants more favorable discounts or terms and conditions than those contained in the commercial catalog, pricelist, schedule or other documents upon which contract award was predicated; or (iii) Grants special discounts to the customer (or category of customers) that formed the basis of award, and the change disturbs the price/discount relationship of the Government to the customer (or category of customers) that was the basis of award. (2) The Contractor shall offer the price reduction to the eligible ordering activities with the same effective date, and for the same time period, as extended to the commercial customer (or category of customers). (d) There shall be no price reduction for sales — (1) To commercial customers under firm, fixed-price definite quantity contracts with specified delivery in excess of the maximum order threshold specified in this contract; (2) To eligible ordering activities under this contract; (3) Made to State and local government entities when the order is placed under this contract (and the State and local government entity is the agreed upon customer or category of customer that is the basis of award); or (4) Caused by an error in quotation or billing, provided adequate documentation is furnished by the Contractor to the Contracting Officer. (e) The Contractor may offer the Contracting Officer a voluntary Governmentwide price reduction at any time during the contract period. (f) The Contractor shall notify the Contracting Officer of any price reduction subject to this clause as soon as possible, but not later than 15 calendar days after its effective date. (g) The contract will be modified to reflect any price reduction which becomes applicable in accordance with this clause. Note: In accordance with GSAR clause 552.238-78 Scope of Contract (Eligible Ordering Activities)(Alternate I)(a)(2) and GSAR clause 552.238-75 Price Reductions(Alternate I)(d)(2), there shall be no price reduction for sales made under the authority of the Federal Acquisition Regulation (FAR) Part 51 class deviation. With written authorization by a Federal Government contracting officer, a GSA contractor may place an order as an eligible ordering activity with a Schedule contractor. In this case, the Schedule contract sale shall not trigger a price reduction. Page: 98 of 124 Attachment number 2 Page 104 of 130 Item # 24 552.238-76 Definition (Federal Supply Schedules)--Recovery Purchasing (FEB 2007) Ordering activity (also called ``ordering agency'' and ``ordering office'') means an eligible ordering activity (see 552.238-78, Alternate I) authorized to place orders under Federal Supply Schedule contracts. 552.238-77 DEFINITION (FEDERAL SUPPLY SCHEDULES) (MAY 2003) Ordering activity (also called “ordering agency” and “ordering office”) means an eligible ordering activity (see 552.238-78) authorized to place orders under Federal Supply Schedule contracts. 552.238-78 SCOPE OF CONTRACT (ELIGIBLE ORDERING ACTIVITIES) (MAY 2004) (ALTERNATE I -- FEB 2007) (a) This solicitation is issued to establish contracts which may be used on a nonmandatory basis by the agencies and activities named below, as a source of supply for the supplies or services described herein, for domestic delivery. (1) Executive agencies (as defined in Federal Acquisition Regulation Subpart 2.1) including nonappropriated fund activities as prescribed in 41 CFR 101-26.000; (2) Government contractors authorized in writing by a Federal agency pursuant to Federal Acquisition Regulation Subpart 51.1; (3) Mixed ownership Government corporations (as defined in the Government Corporation Control Act); (4) Federal Agencies, including establishments in the legislative or judicial branch of government (except the Senate, the House of Representatives and the Architect of the Capitol and any activities under the direction of the Architect of the Capitol); (5) The District of Columbia; (6) Tribal governments when authorized under 25 U.S.C. 450j(k); (7) Qualified Nonprofit Agencies as authorized under 40 U.S.C. 502(b); and (8) Organizations, other than those identified in paragraph (d) of this clause, authorized by GSA pursuant to statute or regulation to use GSA as a source of supply. (b) Definitions -- Domestic delivery is delivery within the 48 contiguous states, Alaska, Hawaii, Puerto Rico, Washington, DC, and U.S. territories. Domestic delivery also includes a port or consolidation point, within the aforementioned areas, for orders received from overseas activities. Overseas delivery is delivery to points outside of the 48 contiguous states, Washington, DC, Alaska, Hawaii, Puerto Rico, and U.S. territories. (c) Offerors are requested to check one of the following boxes: ______ Contractor will provide domestic and overseas delivery. ______ Contractor will provide overseas delivery only. ______ Contractor will provide domestic delivery only. Page: 99 of 124 Attachment number 2 Page 105 of 130 Item # 24 (d) The following activities may place orders against Federal Supply Schedules for products and services determined by the Secretary of Homeland Security to facilitate recovery from major disasters, terrorism, or nuclear, biological, chemical, or radiological attack, on an optional basis; PROVIDED, the Contractor accepts order(s) from such activities: State and local government entities, includes any state, local, regional or tribal government or any instrumentality thereof (including any local educational agency or institution of higher learning). State and local government entities, means the states of the United States, counties, municipalities, cities, towns, townships, tribal governments, public authorities (including public or Indian housing agencies under the United States Housing Act of 1937), school districts, colleges and other institutions of higher education, council of governments (incorporated or not), regional or interstate government entities, or any agency or instrumentality of the preceding entities (including any local educational agency or institution of higher education), and including legislative and judicial departments. The term does not include contractors of, or grantees of, State or local governments. (1)Local educational agency has the meaning given that term in section 8013 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713). (2)Institution of higher education has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (3)Tribal government means -- (i) The governing body of any Indian tribe, band, nation, or other organized group or community located in the continental United States (excluding the State of Alaska) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; and (ii) Any Alaska Native regional or village corporation established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). (e) Articles or services may be ordered from time to time in such quantities as may be needed to fill any requirement, subject to the Order Limitations thresholds which will be specified in resultant contracts. Overseas activities may place orders directly with schedule contractors for delivery to CONUS port or consolidation point. (f) (1) The Contractor is obligated to accept orders received from activities within the Executive Branch of the Federal Government. (2) The Contractor is not obligated to accept orders received from activities outside the Executive Branch; however, the Contractor is encouraged to accept such orders. If the Contractor elects to accept such orders, all provisions of the contract shall apply, including clause 552.232-79, Payments by Credit Card. If the Contractor is unwilling to accept such orders, and the proposed method of payment is not through the Credit Card, the Contractor shall return the order by mail or other means of delivery within 5 workdays from receipt. If the Contractor is unwilling to accept such orders, and the proposed method of payment is through the Credit Card, the Contractor must so advise the ordering activity within 24 hours of receipt of order. (Reference clause 552.232-79, Payment by Credit Card.) Failure to return an order or advise the ordering activity within the time frames of this paragraph shall constitute acceptance whereupon all provisions of the contract shall apply. (g) The Government is obligated to purchase under each resultant contract a guaranteed minimum of $2,500 (two thousand, five hundred dollars) during the contract term. 552.238-79 USE OF FEDERAL SUPPLY SCHEDULE CONTRACTS BY CERTAIN ENTITIES—COOPERATIVE PURCHASING (MAY 2004) Page: 100 of 124 Attachment number 2 Page 106 of 130 Item # 24 (a) If an entity identified in paragraph (d) of the clause at 552.238-78, Scope of Contract (Eligible Ordering Activities), elects to place an order under this contract, the entity agrees that the order shall be subject to the following conditions: (1) When the Contractor accepts an order from such an entity, a separate contract is formed which incorporates by reference all the terms and conditions of the Schedule contract except the Disputes clause, the patent indemnity clause, and the portion of the Commercial Item Contract Terms and Conditions that specifies “Compliance with laws unique to Government contracts” (which applies only to contracts with entities of the Executive branch of the U.S. Government). The parties to this new contract which incorporates the terms and conditions of the Schedule contract are the individual ordering activity and the Contractor. The U.S. Government shall not be liable for the performance or nonperformance of the new contract. Disputes which cannot be resolved by the parties to the new contract may be litigated in any State or Federal court with jurisdiction over the parties, applying Federal procurement law, including statutes, regulations and case law, and, if pertinent, the Uniform Commercial Code. To the extent authorized by law, parties to this new contract are encouraged to resolve disputes through Alternative Dispute Resolution. Likewise, a Blanket Purchase Agreement (BPA), although not a contract, is an agreement that may be entered into by the Contractor with such an entity and the Federal Government is not a party. (2) Where contract clauses refer to action by a Contracting Officer or a Contracting Officer of GSA, that shall mean the individual responsible for placing the order for the ordering activity (e.g., FAR 52.212-4 at paragraph (f) and FSS clause I-FSS-249 B.) (3) As a condition of using this contract, eligible ordering activities agree to abide by all terms and conditions of the Schedule contract, except for those deleted clauses or portions of clauses mentioned in paragraph (a)(1) of this clause. Ordering activities may include terms and conditions required by statute, ordinance, regulation, order, or as otherwise allowed by State and local government entities as a part of a statement of work (SOW) or statement of objective (SOO) to the extent that these terms and conditions do not conflict with the terms and conditions of the Schedule contract. The ordering activity and the Contractor expressly acknowledge that, in entering into an agreement for the ordering activity to purchase goods or services from the Contractor, neither the ordering activity nor the Contractor will look to, primarily or in any secondary capacity, or file any claim against the United States or any of its agencies with respect to any failure of performance by the other party. (4) The ordering activity is responsible for all payments due the Contractor under the contract formed by acceptance of the ordering activity’s order, without recourse to the agency of the U.S. Government, which awarded the Schedule contract. (5) The Contractor is encouraged, but not obligated, to accept orders from such entities. The Contractor may, within 5 days of receipt of the order, decline to accept any order, for any reason. The Contractor shall fulfill orders placed by such entities, which are not declined within the 5-day period. (6) The supplies or services purchased will be used for governmental purposes only and will not be resold for personal use. Disposal of property acquired will be in accordance with the established procedures of the ordering activity for the disposal of personal property. (b) If the Schedule Contractor accepts an order from an entity identified in paragraph (d) of the clause at 552.238-78, Scope of Contract (Eligible Ordering Activities), the Contractor agrees to the following conditions: (1) The ordering activity is responsible for all payments due the Contractor for the contract formed by acceptance of the order, without recourse to the agency of the U.S. Government, which awarded the Schedule contract. (2) The Contractor is encouraged, but not obligated, to accept orders from such entities. The Page: 101 of 124 Attachment number 2 Page 107 of 130 Item # 24 Contractor may, within 5 days of receipt of the order, decline to accept any order, for any reason. The Contractor shall decline the order using the same means as those used to place the order. The Contractor shall fulfill orders placed by such entities, which are not declined within the 5-day period. (c) In accordance with clause 552.238-74, Industrial Funding Fee and Sales Reporting, the Contractor must report the quarterly dollar value of all sales under this contract. When submitting sales reports, the Contractor must report two dollar values for each Special Item Number: (1) The dollar value for sales to entities identified in paragraph (a) of the clause at 552.238-78, Scope of Contract (Eligible Ordering Activities), and (2) The dollar value for sales to entities identified in paragraph (d) of clause 552.238-78. 552.238-80 Use of Federal Supply Schedule Contracts by Certain Entities--Recovery Purchasing (FEB 2007) (a) If an entity identified in paragraph (d) of the clause at 552.238-78, Scope of Contract (Eligible Ordering Activities)-- Alternate I, elects to place an order under this contract, the entity agrees that the order shall be subject to the following conditions: (1) When the Contractor accepts an order from such an entity, a separate contract is formed which incorporates by reference all the terms and conditions of the Schedule contract except the Disputes clause, the patent indemnity clause, and the portion of the Commercial Item Contract Terms and Conditions that specifies ``Compliance with laws unique to Government contracts'' (which applies only to contracts with entities of the Executive branch of the U.S. Government). The parties to this new contract which incorporates the terms and conditions of the Schedule contract are the individual ordering activity and the Contractor. The U.S. Government shall not be liable for the performance or nonperformance of the new contract. Disputes which cannot be resolved by the parties to the new contract may be litigated in any State or Federal court with jurisdiction over the parties, applying Federal procurement law, including statutes, regulations and case law, and, if pertinent, the Uniform Commercial Code. To the extent authorized by law, parties to this new contract are encouraged to resolve disputes through Alternative Dispute Resolution. Likewise, a Blanket Purchase Agreement (BPA), although not a contract, is an agreement that may be entered into by the Contractor with such an entity and the Federal Government is not a party. (2) Where contract clauses refer to action by a Contracting Officer or a Contracting Officer of GSA, that shall mean the individual responsible for placing the order for the ordering activity (e.g., Federal Acquisition Regulation 52.212-4 at paragraph (f) and FSS clause I-FSS-249 B). (3) As a condition of using this contract, eligible ordering activities agree to abide by all terms and conditions of the Schedule contract, except for those deleted clauses or portions of clauses mentioned in paragraph (a)(1) of this clause. Ordering activities may include terms and conditions required by statute, ordinance, regulation, order, or as otherwise allowed by State and local government entities as a part of a statement of work (SOW) or statement of objective (SOO) to the extent that these terms and conditions do not conflict with the terms and conditions of the Schedule contract. The ordering activity and the Contractor expressly acknowledge that, in entering into an agreement for the ordering activity to purchase goods or services from the Contractor, neither the ordering activity nor the Contractor will look to, primarily or in any secondary capacity, or file any claim against the United States or any of its agencies with respect to any failure of performance by the other party. (4) The ordering activity is responsible for all payments due the Contractor under the contract formed by acceptance of the ordering activity's order, without recourse to the agency of the U.S. Government, which awarded the Schedule contract. Page: 102 of 124 Attachment number 2 Page 108 of 130 Item # 24 (5) The Contractor is encouraged, but not obligated, to accept orders from such entities. The Contractor may, within 5 days of receipt of the order, decline to accept any order, for any reason. The Contractor shall fulfill orders placed by such entities, which are not declined within the 5-day period. (6) The supplies or services purchased will be used for governmental purposes only and will not be resold for personal use. Disposal of property acquired will be in accordance with the established procedures of the ordering activity for the disposal of personal property. (7) The state or local government ordering activity will be responsible for purchasing products or services to be used to facilitate recovery from a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or to facilitate recovery from terrorism or nuclear, biological, chemical, or radiological attack. (b) If the Schedule Contractor accepts an order from an entity identified in paragraph (d) of the clause at 552.238-78, Scope of Contract (Eligible Ordering Activities)--Alternate I, the Contractor agrees to the following conditions-- (1) The ordering activity is responsible for all payments due the Contractor for the contract formed by acceptance of the order, without recourse to the agency of the U.S. Government, which awarded the Schedule contract. (2) The Contractor is encouraged, but not obligated, to accept orders from such entities. The Contractor may, within 5 days of receipt of the order, decline to accept any order, for any reason. The Contractor shall decline the order using the same means as those used to place the order. The Contractor shall fulfill orders placed by such entities, which are not declined within the 5-day period. (c) In accordance with clause 552.238-74, Industrial Funding Fee and Sales Reporting, the Contractor must report the quarterly dollar value of all sales under this contract. When submitting sales reports, the Contractor must report two dollar values for each Special Item Number-- (1) The dollar value for sales to entities identified in paragraph (a) of the clause at 552.238-78, Scope of Contract (Eligible Ordering Activities)--Alternate I; and (2) The dollar value for sales to entities identified in paragraph (d) of clause 552.238-78, Alternate I. (d) A listing of the Federal Supply Schedule contracts for the products and services available for disaster recovery purchasing is accessible in GSA's Schedules e-Library at Web site http://www.gsaelibrary.gsa.gov. Click on the link, ``Disaster Recovery Purchasing, State and Local.'' The participating Contractors and the products and services available for disaster recovery purchasing will be labeled with the Disaster Recovery Purchasing icon. 552.243-72 MODIFICATIONS (MULTIPLE AWARD SCHEDULE) (JUL 2000) (ALTERNATE I—SEP 1999) (a) General. The Contractor may request a contract modification by submitting a request to the Contracting Officer for approval, except as noted in paragraph (d) of this clause. At a minimum, every request shall describe the proposed change(s) and provide the rationale for the requested change(s). (b) Types of Modifications. (1) Additional items/additional SIN's. When requesting additions, the following information must be submitted: (i) Information requested in paragraphs (1) and (2) of the Commercial Sales Practice Page: 103 of 124 Attachment number 2 Page 109 of 130 Item # 24 Format to add SIN’s. (ii) Discount information for the new items(s) or new SIN(s). Specifically, submit the information requested in paragraphs 3 through 5 of the Commercial Sales Practice Format. If this information is the same as the initial award, a statement to that effect may be submitted instead. (iii) Information about the new item(s) or the item(s) under the new SIN(s) as described in 552.212-70, Preparation of Offer (Multiple Award Schedule) is required. (iv) Delivery time(s) for the new item(s) or the item(s) under the new SIN(s) must be submitted in accordance with 552.211-78, Commercial Delivery Schedule (Multiple Award Schedule). (v) Production point(s) for the new item(s) or the item(s) under the new SIN(s) must be submitted if required by 52.215-6, Place of Performance. (vi) Hazardous Material information (if applicable) must be submitted as required by 52.223-3 (ALT I), Hazardous Material Identification and Material Safety Data. (vii) Any information requested by 52.212-3(f), Offeror Representations and Certifications—Commercial Items, that may be necessary to assure compliance with FAR 52.225-1, Buy American Act—Balance of Payments Programs—Supplies. (2) Deletions. The Contractors shall provide an explanation for the deletion. The Government reserves the right to reject any subsequent offer of the same item or a substantially equal item at a higher price during the same contract period, if the contracting officer finds the higher price to be unreasonable when compared with the deleted item. (3) Price Reduction. The Contractor shall indicate whether the price reduction falls under the item (i), (ii), or (iii) of paragraph (c)(1) of the Price Reductions clause at 552.238-75. If the Price reduction falls under item (i), the Contractor shall submit a copy of the dated commercial price list. If the price reduction falls under item (ii) or (iii), the Contractor shall submit a copy of the applicable price list(s), bulletins or letters or customer agreements which outline the effective date, duration, terms and conditions of the price reduction. (c) Effective dates. The effective date of any modification is the date specified in the modification, except as otherwise provided in the Price Reductions clause at 552.238-75. (d) Electronic File Updates. The Contractor shall update electronic file submissions to reflect all modifications. For additional items or SINs, the Contractor shall obtain the Contracting Officer's approval before transmitting changes. Contract modifications will not be made effective until the Government receives the electronic file updates. The Contractor may transmit price reductions and corrections without prior approval. However, the Contractor shall notify the Contracting Officer as set forth in the Price Reductions clause at 552.238-75. (e) Amendments to Paper Federal Supply Schedule Price Lists. (1) The Contractor must provide supplements to its paper price lists, reflecting the most current changes. The Contractor may either: (i) Distribute a supplemental paper Federal Supply Schedule Price List within 15 workdays after the effective date of each modification. (ii) Distribute quarterly cumulative supplements. The period covered by a cumulative supplement is at the discretion of the Contractor, but may not exceed three calendar months from the effective date of the earliest modification. For example, if the first modification occurs in February, the quarterly supplement must cover February—April, Page: 104 of 124 Attachment number 2 Page 110 of 130 Item # 24 and every 3 month period after. The Contractor must distribute each quarterly cumulative supplement within 15 workdays from the last day of the calendar quarter. (2) At a minimum, the Contractor shall distribute each supplement to those ordering activities that previously received the basic document. In addition, the Contractor shall submit two copies of each supplement to the Contracting Officer and one copy to the FSS Schedule Information Center. Note: Regulation 552.243-72 Vendors are highly encouraged to submit contract modifications using the eOffer/eMod system (http://eoffer.gsa.gov/). Please note that Digital Certificates are required when using the eOffer/eMod system. If you prefer to send your modification request via email or hardcopy, you must submit your request through the Central Intake Desk (CID): Via email: sched70mod@gsa.gov Via US Mail: ATTN: Central Intake Desk Center for IT Schedule 70 Program 2200 Crystal Drive, CP#4, Suite 600 Arlington, VA 22202 C-FSS-370 CONTRACTOR TASKS / SPECIAL REQUIREMENTS (NOV 2003) (a) Security Clearances: The Contractor may be required to obtain/possess varying levels of security clearances in the performance of orders issued under this contract. All costs associated with obtaining/possessing such security clearances should be factored into the price offered under the Multiple Award Schedule. (b) Travel: The Contractor may be required to travel in performance of orders issued under this contract. Allowable travel and per diem charges are governed by Pub .L. 99-234 and FAR Part 31, and are reimbursable by the ordering agency or can be priced as a fixed price item on orders placed under the Multiple Award Schedule. Travel in performance of a task order will only be reimbursable to the extent authorized by the ordering agency. The Industrial Funding Fee does NOT apply to travel and per diem charges. (c) Certifications, Licenses and Accreditations: As a commercial practice, the Contractor may be required to obtain/possess any variety of certifications, licenses and accreditations for specific FSC/service code classifications offered. All costs associated with obtaining/ possessing such certifications, licenses and accreditations should be factored into the price offered under the Multiple Award Schedule program. (d) Insurance: As a commercial practice, the Contractor may be required to obtain/possess insurance coverage for specific FSC/service code classifications offered. All costs associated with obtaining/possessing such insurance should be factored into the price offered under the Multiple Award Schedule program. (e) Personnel: The Contractor may be required to provide key personnel, resumes or skill category descriptions in the performance of orders issued under this contract. Ordering activities may require agency approval of additions or replacements to key personnel. Page: 105 of 124 Attachment number 2 Page 111 of 130 Item # 24 (f) Organizational Conflicts of Interest: Where there may be an organizational conflict of interest as determined by the ordering agency, the Contractor’s participation in such order may be restricted in accordance with FAR Part 9.5. (g) Documentation/Standards: The Contractor may be requested to provide products or services in accordance with rules, regulations, OMB orders, standards and documentation as specified by the agency’s order. (h) Data/Deliverable Requirements: Any required data/deliverables at the ordering level will be as specified or negotiated in the agency’s order. (i) Government-Furnished Property: As specified by the agency’s order, the Government may provide property, equipment, materials or resources as necessary. (j) Availability of Funds: Many Government agencies’ operating funds are appropriated for a specific fiscal year. Funds may not be presently available for any orders placed under the contract or any option year. The Government’s obligation on orders placed under this contract is contingent upon the availability of appropriated funds from which payment for ordering purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are available to the ordering Contracting Officer. (k) Overtime: For professional services, the labor rates in the Schedule should not vary by virtue of the Contractor having worked overtime. For services applicable to the Service Contract Act (as identified in the Schedule), the labor rates in the Schedule will vary as governed by labor laws (usually assessed a time and a half of the labor rate). C-FSS-412 CHARACTERISTICS OF ELECTRIC CURRENT (MAY 2000) Contractors supplying equipment which uses electrical current are required to supply equipment suitable for the electrical system at the location at which the equipment is to be used as specified on the order. C-FSS-427 ANSI STANDARDS (JUL 1991) ANSI Standards cited in this solicitation may be obtained from the American National Standards Institute, Inc., 11 West 42nd Street, 13th Floor, New York, NY 10036 (Tel: (212) 642-4900). CI-FSS-002 SUBMISSION OF OFFERS—ADDITIONAL INSTRUCTIONS (MAR 1996) Offerors are requested to submit a signed original and 2 copies of SF-1449 together with all addenda and attachments complete in every respect with the exception of oversized blueprints, drawings, or similar documents attached to the solicitation. Oversized blueprints, drawings, or similar documents are not required to be duplicated for the purpose of submitting a duplicate copy of the offer to GSA. CI-FSS-052 AUTHENTICATION PRODUCTS AND SERVICES (JAN 2010) (a) General Background. (1) The General Services Administration (GSA) originally established the Access Certificates for Electronic Services (ACES) Program to provide digital certificates and PKI services for enabling e-Government applications that require logical access control, digital signature and/or electronic authentication. The ACES Program provided for the issuance of electronic credentials to individuals and entities external to the Federal Government. The Federal PKI Policy Authority Page: 106 of 124 Attachment number 2 Page 112 of 130 Item # 24 approved the policies and requirements of the ACES Program to satisfy the Federal requirements for cross-certification with the Federal Bridge Certification Authority (FBCA) and participation in the Federal e-Authentication initiative. The term “Identity and Access Management” (IAM) is now being used to clearly define the kinds of services that meet the requirements for service providers and products that support FISMA-compliant IAM systems deployed by federal agencies. In addition, many states have adopted corresponding standards for IAM. (2) Homeland Security Presidential Directive 12 (HSPD-12), “Policy for a Common Identification Standard for Federal Employees and Contractors” establishes the requirement for a mandatory Government-wide standard for secure and reliable forms of identification issued by the Federal Government to its employees and contractor employees assigned to Government contracts in order to enhance security, increase Government efficiency, reduce identity fraud, and protect personal privacy. Further, the Directive requires the Department of Commerce to promulgate a Federal standard for secure and reliable forms of identification within six months of the date of the Directive. As a result, the National Institute of Standards and Technology (NIST) released Federal Information Processing Standard (FIPS) 201: Personal Identity Verification of Federal Employees and Contractors on February 25, 2005. FIPS 201 requires that the digital certificates incorporated into the Personal Identity Verification (PIV) identity credentials comply with the X.509 Certificate Policy for the U.S. Federal PKI Common Policy Framework. In addition, FIPS 201 requires that Federal identity badges referred to as PIV credentials, issued to Federal employees and contractors comply with the Standard and associated NIST Special Publications 800-73, 800-76, 800-78, and 800-79. (b) Special Item Numbers. The General Services Administration has established the e-Authentication Initiative (see URL: http://www.idmanagement.gov) to provide common infrastructure for the authentication of the public and internal federal users for logical access to Federal e-Government applications and electronic services. To support the government-wide implementation of HSPD-12 and the Federal e-Authentication Initiative, GSA has established Special Item Numbers (SINs) pertaining to Authentication Products and Services, including Electronic Credentials, Digital Certificates, e-Authentication, Identify and Access Management, PKI Shared Service Providers, and HSPD-12 Product and Service Components. (c) Qualification Information. (1) All Authentication Products and Services must be qualified as being compliant with Government-wide requirements before they will be included on a GSA Information Technology (IT) Schedule contract. The Qualification Requirements and associated evaluation procedures against the Qualification Requirements for each SIN and the specific Qualification Requirements for HSPD-12 implementation components are presented at the following URL: http://www.idmanagement.gov. (2) In addition, the National Institute of Standards and Technology (NIST) has established the NIST Personal Identity Verification Program (NPIVP) to evaluate integrated circuit chip cards and products against conformance requirements contained in FIPS 201. GSA has established the FIPS 201Evaluation Program to evaluate other products needed for agency implementation of HSPD-12 requirements where normative requirements are specified in FIPS 201 and to perform card and reader interface testing for interoperability. Products that are approved as FIPS-201 compliant through these evaluation and testing programs may be offered directly through the HSPD-12 Product and Services Components SIN, under the category “Approved FIPS 201-Compliant Products and services”. (d) Qualification Requirements. (1) Offerors proposing Authentication products and services under the established Special Item Numbers (SINs) are required to provide the following: Page: 107 of 124 Attachment number 2 Page 113 of 130 Item # 24 (i) Proposed items must be determined to be compliant with Federal requirements for that Special Item Number. Qualification Requirements and procedures for the evaluation of products and services are posted at the URL: http://www.idmanagement.gov. GSA will follow these procedures in qualifying offeror’s products and services against the Qualification Requirements for applicable to SIN. Offerors must submit all documentation certification letter(s) for Authentication Products and Services offerings at the same time as the submission of proposal. Award will be dependent upon receipt of official documentation from the Acquisition Program Management Office (APMO) listed below verifying satisfactory qualification against the Qualification Requirements of the proposed SIN(s). (ii) After award, Contractor agrees that certified products and services will not be offered under any other SIN on any GSA Multiple Award Schedule. (iii) (A) If the Contractor changes the products or services previously qualified, GSA may require the contractor to resubmit the products or services for re-qualification. (B) If the Federal Government changes the qualification requirements or standards, Contractor must resubmit the products and services for re-qualification. (2) Immediately prior to making an award, Contracting Officers MUST consult the following website to ensure that the supplies and/or services recommended for award under any Authentication Products and Services SINs are in compliance with the latest APL qualification standards: www.idmanagement.gov . A dated copy of the applicable page should be made and included with award documents. (e) Demonstrating Conformance. (1) The Federal Government has established Qualification Requirements for demonstrating conformance with the Standards. The following websites provide additional information regarding the evaluation and qualification processes: (i) For Access Certificates for Electronic Services (ACES) and PKI Shared Service Provider (SSP) Qualification Requirements and evaluation procedures: http://www.idmanagement.gov; (ii) For HSPD-12 Product and Service Components Qualification Requirements and evaluation procedures: http://www.idmanagement.gov; (iii) For FIPS 201 compliant products and services qualification and approval procedures: http://www.csrc.nist.gov/piv-project/ and http://www.smart.gov . (f) Acquisition Program Management Office (APMO). GSA has established the APMO to provide centralized technical oversight and management regarding the qualification process to industry partners and Federal agencies. Contact the following APMO for information on the e-Authentication Qualification process. Technical, APMO, FIPS 201and HSPD-12 Points of Contacts can be found below, or in an additional attachment to the Solicitation. See Attachment CI-FSS-055 COMMERCIAL SATELLITE COMMUNICATION (COMSATCOM) SERVICES (JAN 2010) (a) General Background. Page: 108 of 124 Attachment number 2 Page 114 of 130 Item # 24 Special Item Numbers (SINs) have been established for Commercial Satellite Communications (COMSATCOM) services, focused on transponded capacity (SIN 132-54) and fixed and mobile subscription services (SIN 132-55), to make available common COMSATCOM services to all Ordering Activities. (b) Information Assurance. (1) The Contractor shall demonstrate, to the maximum extent practicable, the ability to meet: (i) The Committee on National Security Systems Policy (CNSSP) 12, “National Information Assurance Policy for Space Systems used to Support National Security Missions,” or (ii) Department of Defense Directive (DoDD) 8581.1, “Information Assurance (IA) Policy for Space Systems Used by the Department of Defense.” (2) The Contractor shall demonstrate the ability to comply with the Federal Information Security Management Act of 2002 as implemented by Federal Information Processing Standards Publication 200 (FIPS 200), “Minimum Security Requirements for Federal Information and Information Systems.” In response to Ordering Activity requirements, at a minimum, all services shall meet the requirements assigned against: (i) A low-impact information system (per FIPS 200) that is described in the current revision of National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53, “Recommended Security Controls for Federal Information Systems and Organizations,” or (ii) A Mission Assurance Category (MAC) III system that is described in the current revision of DoD Instruction (DoDI) 8500.2, “Information Assurance Implementation.” (3) The Contractor’s information assurance boundary is where the Contractor’s services connect to the user terminals/equipment (i.e., includes satellite command encryption (ground and space); systems used in the Satellite Operations Centers (SOCs), Network Operations Centers (NOCs) and teleport; and terrestrial infrastructure required for service delivery). (c) Delivery Schedule. The Contractor shall deliver COMSATCOM services in accordance with 552.211-78. (d) Portability. The Contractor shall have the capability to redeploy COMSATCOM services, subject to availability. Portability shall be provided within the COMSATCOM Contractor’s resources at any time as requested by the Ordering Activity. When portability is exercised, evidence of equivalent net present value (NPV) shall be provided by the Contractor. (e) Flexibility/Optimization. The Contractor shall have the capability to re-groom resources for spectral, operational, or price efficiencies. Flexibility/optimization shall be provided within the COMSATCOM Contractor’s resources at any time as requested by the Ordering Activity. When flexibility/optimization is exercised, evidence of equivalent net present value (NPV) shall be provided by the contractor. The Contractor is encouraged to submit re-grooming approaches for Ordering Activity consideration that may increase efficiencies for existing COMSATCOM services. (f) Net Ready (Interoperability). Page: 109 of 124 Attachment number 2 Page 115 of 130 Item # 24 COMSATCOM services shall be consistent with commercial standards and practices. Services shall have the capability to access and/or interoperate with Government or other Commercial teleports/gateways and provide enterprise service access to or among networks or enclaves. Interfaces may be identified as interoperable on the basis of participation in a sponsored interoperability program. (g) Network Monitoring (Net OPS). The Contractor shall have the capability to electronically collect and deliver near real-time monitoring, fault/incident/outage reporting, and information access to ensure effective and efficient operations, performance, and availability, consistent with commercial practices. Consistent with the Contractor’s standard management practices, the Net Ops information will be provided on a frequency (example: every 6 hours, daily) and format (example: SNMP, XML) as defined in a requirement to a location/entity/electronic interface defined by the Ordering Activity. Specific reporting requirements will be defined by the Ordering Activity. (h) EMI/RFI Identification, Characterization, and Geo-location. The Contractor shall have the capability to collect and electronically report in near real-time Electro Magnetic Interference (EMI) / Radio Frequency Interference (RFI) identification, characterization, and geo-location, including the ability to identify and characterize sub-carrier EMI/RFI being transmitted underneath an authorized carrier, and the ability to geo-locate the source of any and all EMI/RFI. The Contractor shall establish and use with the Ordering Activity a mutually agreed upon media and voice communications capability capable of protecting “Sensitive, but Unclassified” data. (i) Security. (1) The contractor may be required to obtain/possess varying levels of personnel and facility security clearances up to U.S. Government TOP SECRET/Sensitive Compartmented Information (TS/SCI) or equivalent clearances assigned by the National Security Authority of a NATO Member State or Major Non-NATO Ally. (2) For incident resolution involving classified matters, the Contractor shall provide appropriately cleared staff who can affect COMSATCOM services operations (example: satellite payload operations, network operations). The Contractor shall provide a minimum of one operations staff member AND a minimum of one person with the authority to commit the company if resolution requires business impacting decisions (example: Chief Executive Officer, Chief Operations Officer, etc.). (3) When Communications Security or Transmission Security equipment or keying material is placed in the equipment/terminal shelter, the Contractor shall ensure compliance with applicable physical security directives/guidelines and that all deployed equipment/terminal operations and maintenance personnel shall possess the appropriate clearances, equal to or higher than the classification level of the data being transmitted. Where local regulations require use of foreign personnel for terminal operations and maintenance, then the Contractor shall ensure compliance with applicable security directives/guidelines and document to the U.S. Government’s satisfaction that protective measures are in place and such individuals have equivalent clearances granted by the local host nation. (4) For classified operations security (OPSEC), the Contractor shall ensure that all personnel in direct contact with classified OPSEC indicators (example: the unit, location, and time of operations) have U.S. SECRET or higher personnel security clearances, or, as appropriate, equivalent clearances assigned by the National Security Authority of a NATO Member State or Major Non-NATO Ally, in accordance with applicable security directives and guidelines. (5) For classified requirements, cleared satellite operator staff must have access to secure voice communications for emergency purposes. Communications security equipment certified by the National Security Agency (NSA) to secure unclassified and up to and including SECRET communication transmissions at all operations centers is preferred. If a Contractor is unable to Page: 110 of 124 Attachment number 2 Page 116 of 130 Item # 24 have access to NSA-approved communications security equipment at its operations centers, then a combination of a “Sensitive but Unclassified” (SBU) cryptographic module approved by the U.S. National Institute for Standards and Technology and pre-arranged access to National Security Agency-approved communications security equipment at an agreed alternate facility is acceptable. (6) The Contractor shall have the capability to “mask” or “protect” users against unauthorized release of identifying information to any entity that could compromise operations security. Identifying information includes but is not limited to personal user and/or unit information including tail numbers, unit names, unit numbers, individual names, individual contact numbers, street addresses, etc. (j) Third party billing for COMSATCOM subscription services. The Contractor shall identify authorized network infrastructure for the Ordering Activity. In some cases, the user of the terminal may access network infrastructure owned or operated by a third party. In the event a terminal is used on a third party’s network infrastructure, the Contractor shall provide to the Ordering Activity, invoices and documentation reflecting actual usage amount and third party charges incurred. The Ordering Activity shall be billed the actual third party charges incurred, or the contract third party billing price, whichever is less. CI-FSS-056 FEDERAL ACQUISITION REGULATION (FAR) PART 51 DEVIATION AUTHORITY (FEDERAL SUPPLY SCHEDULES) (JAN 2010) (a)General Background. On October 8, 2009, a class deviation to FAR Part 51 was granted by GSA’s Senior Procurement Executive in accordance with FAR Subpart 1.404, Class deviations. The deviation permits federal contracting officers to authorize GSA contractors, who are performing an order on a time-and-material or labor-hour basis, to purchase supplies and services from schedule contractors or to process requisitions through the Global Supply Program. (b)Orders. Orders placed using the FAR Part 51 deviation shall be: (1) Placed on a time-and-materials (T&M)/labor-hour (LH) basis—an order placed by the Federal Government to the buying contractor can be partially fixed price, but the portion of the order for the items to be procured using the FAR Part 51 deviation shall be T&M/LH; (2) For ancillary supplies/services that are in support of the overall order such that the items are not the primary purpose of the work ordered, but are an integral part of the total solution offered; (3) Issued in accordance with the procedures in FAR 8.405-1, Ordering Procedures for supplies, and services not requiring a statement of work; (4) Placed by the Federal Government. The authorization is NOT available to state and local governments. (c) For comprehensive guidance on the proper use the FAR Part 51 authority granted by the deviation, please refer to the Ordering Guide at www.gsa.gov/far51deviation. D-FSS-471 MARKING AND DOCUMENTATION REQUIREMENTS PER SHIPMENT (APR 1984) Page: 111 of 124 Attachment number 2 Page 117 of 130 Item # 24 It shall be the responsibility of the Ordering Office to determine the full marking and documentation requirements necessary under the various methods of shipment authorized by the contract. Set forth below is the minimum information and documentation that will be required for shipment. In the event the Ordering Office fails to provide the essential information and documentation, the Contractor shall, within three days after receipt of order, contact the Ordering Office and advise them accordingly. The Contractor shall not proceed with any shipment requiring transshipment via U.S. Government facilities without the below stated prerequisites: Direct Shipments. The Contractor shall mark all items ordered against this contract with indelible ink, paint or fluid, as follows: (1) Traffic Management or Transportation Officer at FINAL destination. (2) Ordering Supply Account Number. (3) Account number. (4) Delivery Order or Purchase Order Number. (5) National Stock Number, if applicable; or Contractor's item number. (6) Box ________ of ________ Boxes. (7) Nomenclature (brief description of items). D-FSS-477 TRANSSHIPMENTS (APR 1984) The Contractor shall complete TWO DD Forms 1387, Military Shipment Labels and, if applicable, four copies of DD Form 1387-2, Special Handling/Data Certification—used when shipping chemicals, dangerous cargo, etc. Two copies of the DD Form 1387 will be attached to EACH shipping container delivered to the port Transportation Officer for subsequent transshipment by the Government as otherwise provided for under the terms of this contract. These forms will be attached to one end and one side (NOT on the top or bottom) of the container. The Contractor will complete the bottom line of these forms, which pertains to the number of pieces, weight and cube of each piece, using U.S. weight and cubic measures. Weights will be rounded off to the nearest pound. (One kg = 2.2 U.S. pounds; one cubic meter = 35.3156 cubic feet.) In addition, if the cargo consists of chemicals, or is dangerous, one copy of the DD Form 1387 2 will be attached to the container, and three copies will be furnished to the Transportation Officer with the Bill of Lading. DANGEROUS CARGO WILL NOT BE INTERMINGLED WITH NONDANGEROUS CARGO IN THE SAME CONTAINER. Copies of the above forms, and preparation instructions will be obtained from the Ordering Office issuing the Delivery Order. Reproduced copies of the forms are acceptable. FAILURE TO INCLUDE DD FORMS 1387 (AND DD FORM 1387-2, IF APPLICABLE) ON EACH SHIPPING CONTAINER WILL RESULT IN REJECTION OF SHIPMENT BY THE PORT TRANSPORTATION OFFICER. F-FSS-202-F DELIVERY PRICES (APR 1984) Prices offered must cover delivery to destinations as provided below: (a) Direct delivery to consignee. F.o.b. inland point, country of importation (FAR 52.247-39). (Offeror to indicate countries where direct delivery will be provided.) (b) Delivery to overseas assembly point for transshipment when specified by the ordering office, if delivery is not covered under paragraph (a), above. (c) Delivery to the overseas port of entry when delivery is not covered under paragraphs (a) or (b), above. Page: 112 of 124 Attachment number 2 Page 118 of 130 Item # 24 Offerors are requested to furnish below the geographic area(s)/countries/zones which are intended to be covered. GEOGRAPHIC AREA(S)/COUNTRIES/ZONES F-FSS-202-G DELIVERY PRICES (JAN 1994) (a) Prices offered must cover delivery as provided below to destinations located within the 48 contiguous States and the District of Columbia. (1) Delivery to the door of the specified Government activity by freight or express common carriers on articles for which store-door delivery is provided, free or subject to a charge, pursuant to regularly published tariffs duly filed with the Federal and/or State regulatory bodies governing such carrier; or, at the option of the Contractor, by parcel post on mailable articles, or by the Contractor's vehicle. Where store-door delivery is subject to a charge, the Contractor shall (a) place the notation "Delivery Service Requested" on bills of lading covering such shipments, and (b) pay such charge and add the actual cost thereof as a separate item to his invoice. (2) Delivery to siding at destinations when specified by the ordering office, if delivery is not covered under paragraph (a)(1), above. (3) Delivery to the freight station nearest destination when delivery is not covered under paragraph (a)(1) or (a)(2), above. (b) The offeror is requested to indicate below whether or not prices submitted cover delivery f.o.b. destination in Alaska, Hawaii, and the Commonwealth of Puerto Rico. Yes No Alaska Hawaii Puerto Rico (c) When deliveries are made to destinations outside the contiguous 48 States; i.e., Alaska, Hawaii, and the Commonwealth of Puerto Rico, and are not covered by paragraph (b), above, the following conditions will apply: (1) Delivery will be f.o.b. inland carrier, point of exportation (FAR 52.247-38), with the transportation charges to be paid by the Government from point of exportation to destination in Alaska, Hawaii, or the Commonwealth of Puerto Rico, as designated by the ordering office. The Contractor shall add the actual cost of transportation to destination from the point of exportation in the 48 contiguous States nearest to the designated destination. Such costs will, in all cases, be based upon the lowest regularly established rates on file with the Interstate Commerce Page: 113 of 124 Attachment number 2 Page 119 of 130 Item # 24 Commission, the U.S. Maritime Commission (if shipped by water), or any State regulatory body, or those published by the U.S. Postal Service; and must be supported by paid freight or express receipt or by a statement of parcel post charges including weight of shipment. (2) The right is reserved to ordering agencies to furnish Government bills of lading. (d) Ordering offices will be required to pay differential between freight charges and express charges where express deliveries are desired by the Government. F-FSS-230 DELIVERIES TO THE U.S. POSTAL SERVICE (JAN 1994) (a)Applicability. This clause applies to orders placed for the U.S. Postal Service (USPS) and accepted by the Contractor for the delivery of supplies to a USPS facility (consignee). (b)Mode/Method of Transportation. Unless the Contracting Officer grants a waiver of this requirement, any shipment that meets the USPS requirements for mailability (i.e., 70 pounds or less, combined length and girth not more than 108 inches, etc.) delivery shall be accomplished via the use of the USPS. Other commercial services shall not be used, but this does not preclude the Contractor from making delivery by the use of the Contractor's own vehicles. (c)Time of Delivery. Notwithstanding the required time for delivery to destination as may be specified elsewhere in this contract, if shipments under this clause are mailed not later than five (5) calendar days before the required delivery date, delivery shall be deemed to have been made timely. G-FSS-900-C CONTACT FOR CONTRACT ADMINISTRATION (JUL 2003) Offerors should complete paragraphs (a) and (b) if providing both domestic and overseas delivery. Complete paragraph (a) if providing domestic delivery only. Complete paragraph (b) if providing overseas delivery only. The Contractor shall designate a person to serve as the contract administrator for the contract both domestically and overseas. The contract administrator is responsible for overall compliance with contract terms and conditions. The contract administrator is also the responsible official for issues concerning 552.238-74, Industrial Funding Fee and Sales Reporting (JUL 2003), including reviews of contractor records. The Contractor’s designation of representatives to handle certain functions under this contract does not relieve the contract administrator of responsibility for contract compliance. Any changes to the designated individual must be provided to the Contracting Officer in writing, with the proposed effective date of the change (a) Domestic: NAME ______________________________________________________________________ TITLE ______________________________________________________________________ ADDRESS ___________________________________________________________________ ZIP CODE ___________________________________________________________________ TELEPHONE NO. (_______) __________________ FAX NO. ________________________ E-MAIL ADDRESS ___________________________________________________________ (b) Overseas: Overseas contact points are mandatory for local assistance with the resolution of any Page: 114 of 124 Attachment number 2 Page 120 of 130 Item # 24 delivery, performance, or quality complaint from customer agencies. (Also, see the requirement in I-FSS-594, Parts and Service.) At a minimum, a contact point must be furnished for each area in which deliveries are contemplated, e.g., Europe, South America, Far East, etc. NAME ______________________________________________________________________ TITLE ______________________________________________________________________ ADDRESS ___________________________________________________________________ ZIP CODE ___________________________________________________________________ TELEPHONE NO. (_______) __________________ FAX NO. ________________________ E-MAIL ADDRESS ___________________________________________________________ G-FSS-906 VENDOR MANAGED INVENTORY (VMI) PROGRAM (MAS) (JAN 1999) (a) The term “Vendor Managed Inventory” describes a system in which the Contractor monitors and maintains specified inventory levels for selected items at designated stocking points. VMI enables the Contractor to plan production and shipping more efficiently. Stocking points benefit from reduced inventory but steady stock levels. (b) Contractors that commercially provide a VMI-type system may enter into similar partnerships with customers under a Blanket Purchase Agreement. G-FSS-907 ORDER ACKNOWLEDGEMENT (APR 1984) Contractors shall acknowledge only those orders which state "Order Acknowledgement Required." These orders shall be acknowledged within 10 days after receipt. Such acknowledgement shall be sent to the activity placing the order and contain information pertinent to the order, including the anticipated delivery date. G-FSS-910 DELIVERIES BEYOND THE CONTRACTUAL PERIOD—PLACING OF ORDERS (OCT 1988) In accordance with the Scope of Contract clause, this contract covers all requirements that may be ordered, as distinguished from delivered during the contract term. This is for the purpose of providing continuity of supply by permitting ordering activities to place orders as requirements arise in the normal course of supply operations. Accordingly, any order mailed (or received, if forwarded by other means than through the mail) to the Contractor on or before the expiration date of the contract, and providing for delivery within the number of days specified in the contract, shall constitute a valid order. I-FSS-106 GUARANTEED MINIMUM (JUL 2003) The minimum that the Government agrees to order during the period of this contract is $2,500. If the Contractor receives total orders for less than $2,500 during the term of the contract, the Government will pay the difference between the amount ordered and $2,500. (a) Payment of any amount due under this clause shall be contingent upon the Contractor’s timely submission of GSA Form 72A reports (see GSAR 552.238-74 “Industrial Funding Fee and Sales Reporting”) during the period of the contract and receipt of the close-out sales report pursuant to GSAR 552.238-74. (b) The guaranteed minimum applies only if the contract expires or contract cancellation is initiated by Page: 115 of 124 Attachment number 2 Page 121 of 130 Item # 24 the Government. The guaranteed minimum does not apply if the contract is terminated for cause or if the contract is canceled at the request of the Contractor. I-FSS-108 CLAUSES FOR OVERSEAS COVERAGE (MAY 2000) The following clauses apply to overseas coverage. 52.214-34 Submission of Offers in the English Language 52.214-35 Submission of Offers in U.S. Currency 52.247-34 FOB Destination 52.247-38 FOB Inland Carrier, Country of Exportation 52.247-39 FOB Inland Point, Country of Importation C-FSS-412 Characteristics of Electric Current D-FSS-471 Marking and Documentation Requirements Per Shipment D-FSS-477 Transshipments F-FSS-202-F Delivery Prices I-FSS-314 Foreign Taxes and Duties I-FSS-594 Parts and Service I-FSS-109 ENGLISH LANGUAGE AND U.S. DOLLAR REQUIREMENTS (MAR 1998) (a) All documents produced by the Contractor to fulfill requirements of this contract including, but not limited to, Federal Supply Schedule catalogs and pricelists, must reflect all terms and conditions in the English language. (b) U.S. dollar equivalency, if applicable, will be based on the rates published in the “Treasury Reporting Rates of Exchange” in effect as of the date of the agency’s purchase order or in effect during the time period specified elsewhere in this contract. I-FSS-140-B URGENT REQUIREMENTS (JAN 1994) When the Federal Supply Schedule contract delivery period does not meet the bona fide urgent delivery requirements of an ordering agency, agencies are encouraged, if time permits, to contact the Contractor for the purpose of obtaining accelerated delivery. The Contractor shall reply to the inquiry within 3 workdays after receipt. (Telephonic replies shall be confirmed by the Contractor in writing.) If the Contractor offers an accelerated delivery time acceptable to the ordering agency, any order(s) placed pursuant to the agreed upon accelerated delivery time frame shall be delivered within this shorter delivery time and in accordance with all other terms and conditions of the contract. I-FSS-163 OPTION TO EXTEND THE TERM OF THE CONTRACT (EVERGREEN) (APR 2000) (a) The Government may require continued performance of this contract for an additional 5 year period when it is determined that exercising the option is advantageous to the Government considering price and other factors.. The option clause may not be exercised more than three times. When the option to extend the term of this contract is exercised the following conditions are applicable: (1) It is determined that exercising the option is advantageous to the Government considering price and the other factors covered in (2 through 4 below). (2) The Contractor’s electronic catalog/pricelist has been received, approved, posted, and kept current on GSA Advantage!™ in accordance with clause I-FSS-600, Contract Price Lists. Page: 116 of 124 Attachment number 2 Page 122 of 130 Item # 24 (3) Performance has been acceptable under the contract. (4) Subcontracting goals have been reviewed and approved. (b) The Contracting Officer may exercise the option by providing a written notice to the Contractor within 30 days, unless otherwise noted, prior to the expiration of the contract or option. (c) When the Government exercises its option to extend the term of this contract, prices in effect at the time the option is exercised will remain in effect during the option period, unless an adjustment is made in accordance with another contract clause (e.g., Economic Price Adjustment Clause or Price Reduction Clause). I-FSS-314 FOREIGN TAXES AND DUTIES (DEC 1990) Prices offered must be net, delivered, f.o.b. to the destinations accepted by the Government. (a) The offeror warrants that such prices do not include any tax, duty, customs fees, or other foreign Governmental costs, assessments, or similar charges from which the U.S. Government is exempt. The offeror further warrants that any applicable taxes duties, customs fees, other Government costs, assessments or similar charges from which the U.S. Government is not exempt are included in the prices quoted and that such prices are not subject to increases for any such charges applicable at the time of acceptance of this offer by the Government. (b) Standard commercial export packaging, including containerization, if necessary, packaging, preservation, marking are included in the pricing offered and accepted by the Government. I-FSS-40 CONTRACTOR TEAM ARRANGEMENTS (JUL 2003) Contractors participating in contractor team arrangements must abide by all terms and conditions of their respective contracts. This includes compliance with contract clause 552.238-74, Industrial Funding Fee and Sales Reporting, i.e., each contractor (team member) must report sales and remit the IFF for all products and services provided under its individual contract. I-FSS-50 PERFORMANCE REPORTING REQUIREMENTS (FEB 1995) (a) This clause applies to all contracts estimated to exceed $100,000. (b) Unless notified otherwise in writing by the Contracting Officer, the Contractor may assume contract performance is satisfactory. (c) If negative performance information is submitted by customer agencies, the Contracting Officer will notify the Contractor in writing and provide copies of any complaints received. The Contractor will have 30 calendar days from receipt of this notification to submit a rebuttal and/or a report of corrective actions taken. I-FSS-594 PARTS AND SERVICE (OCT 1988) (1) For equipment under items listed in the schedule of items or services on which offers are submitted, the offeror certifies by submission of this offer that parts and services (including the performing of warranty or guarantee service) are now available from dealers or distributors serving the areas of ultimate overseas destination or that such facilities will be established and will be maintained throughout the contract period. If a new servicing facility is to be established, the facility shall be established no later than the beginning of the contract period. Page: 117 of 124 Attachment number 2 Page 123 of 130 Item # 24 (2) Each Contractor shall be fully responsible for the services to be performed by the named servicing facilities, or by such facilities to be established, and fully guarantees performance of such services if the original service proves unsatisfactory. (3) Offerors are requested to include in the pricelist, the names and addresses of all supply and service points maintained in the geographic area in which the Contractor will perform. Please indicate opposite each point whether or not a complete stock of repair parts for items offered is carried at that point, and whether or not mechanical service is available. GEOGRAPHIC AREA ADDRESS OF SUPPLY AND SERVICE POINT It is desired to have available means for maintaining Government-owned items in satisfactory operating condition and to receive service at least as good as that extended to commercial customers. I-FSS-597 GSA ADVANTAGE!™ (SEP 2000) (a) The Contractor must participate in the GSA Advantage!™ online shopping service. Information and instructions regarding contractor participation are contained in clause I-FSS-599, Electronic Commerce. (b) The Contractor also should refer to contract clauses 552.238-71, Submission and Distribution of Authorized GSA Schedule Pricelists (which provides for submission of pricelists on a common-use electronic medium), I-FSS-600, Contract Pricelists (which provides information on electronic contract data), and 552.243-72, Modifications (which addresses electronic file updates). I-FSS-599 ELECTRONIC COMMERCE—FACNET (SEP 2006) (a) General Background. The Federal Acquisition Streamlining Act (FASA) of 1994 establishes the Federal Acquisition Computer Network (FACNET) requiring the Government to evolve its acquisition process from one driven by paperwork into an expedited process based on electronic commerce/electronic data interchange (EC/EDI). EC/EDI means more than merely automating manual processes and eliminating paper transactions. It can and will help to move business processes (e.g., procurement, finance, logistics, etc.) into a fully electronic environment and fundamentally change the way organizations operate. (b) Trading Partners and Value-Added Networks (VAN’s). Within the FACNET architecture, electronic documents (e.g., orders, invoices, etc.) are carried between the Federal Government's procuring office and contractors (now known as "trading partners"). These transactions are carried by commercial telecommunications companies called Value-Added Networks (VAN’s). EDI can be done using commercially available hardware, software, and telecommunications. The selection of a VAN is a business decision contractors must make. There are many different VAN’s which provide a variety of electronic services and different pricing strategies. If your VAN only provides communications services, you may also need a software translation package. Page: 118 of 124 Attachment number 2 Page 124 of 130 Item # 24 (c) Registration Instructions. DOD will require Contractors to register as trading partners to do business with the Government. This policy can be reviewed via the INTERNET at http://www.defenselink.mil/releases/1999/b03011999_bt079-99.html. To do EDI with the Government, Contractors must register as a trading partner. Contractors will provide regular business information, banking information, and EDI capabilities to all agencies in this single registration. A central repository of all trading partners, called the Central Contractor Registration (CCR) http://www.ccr.gov/, has been developed. All Government procuring offices and other interested parties will have access to this central repository. The database is structured to identify the types of data elements which are public information and those which are confidential and not releasable. To register, contractors must provide their Dun and Bradstreet (DUNS) number. The DUNS number is available by calling 1(800)333-0505. It is provided and maintained free of charge and only takes a few minutes to obtain. Contractors will need to provide their Tax Identification Number (TIN). The TIN is assigned by the Internal Revenue Service by calling 1(800)829-1040. Contractors will also be required to provide information about company bank or financial institution for electronic funds transfer (EFT). Contractors may register through on-line at http://www.ccr.gov/ or through their Value Added Network (VAN) using an American National Standards Institute (ANSI) ASC X12 838 transaction set, called a "Trading Partner Profile." A transaction set is a standard format for moving electronic data. VAN’s will be able to assist contractors with registration. (d) Implementation Conventions. All EDI transactions must comply with the Federal Implementation Conventions (IC’s). Many VAN’s and software providers have already built the IC requirements into their products. If you need to see the IC’s, they are available on a registry maintained by the National Institute of Standards and Technology (NIST). It is accessible via the INTERNET at http://www.itl.nist.gov/lab/csl-pubs.htm. IC’s are available for common business documents such as Purchase Order, Price Sales Catalog, Invoice, Request for Quotes, etc. (e) Additional Information. GSA has additional information available for vendors who are interested in starting to use EC/EDI. Contact the Contracting Officer for a copy of the latest handbook. Several resources are available to vendors to assist in implementing EC/EDI; specific addresses are available in the handbook or from the Contracting Officer: (1) Electronic Commerce Resource Centers (ECRC’s) are a network of U.S. Government-sponsored centers that provide EC/EDI training and support to the contractor community. They are found in over a dozen locations around the country. (2) Procurement Technical Assistance Centers (PTAC’s) and Small Business Development Centers (SBDC’s) provide management assistance to small business owners. Each state has several locations. (3) Most major US cities have an EDI user group of companies who meet periodically to share information on EDI-related subjects. (f) GSA Advantage!™. (1) GSA Advantage!™ will use this FACNET system to receive catalogs, invoices and text messages; and to send purchase orders, application advice, and functional acknowledgments. GSA Advantage!™ enables customers to: Page: 119 of 124 Attachment number 2 Page 125 of 130 Item # 24 (i) Perform database searches across all contracts by manufacturer; manufacturer’s model/part number; vendor; and generic product categories. (ii) Generate their own EDI delivery orders to contractors, generate EDI delivery orders from the Federal Supply Service to contractors, or download files to create their own delivery orders. (iii) Use the Federal IMPAC VISA. (2) GSA Advantage!™ may be accessed via the GSA Home Page. The INTERNET address is: http://www.gsa.gov, or http://www.fss.gsa.gov. I-FSS-60 PERFORMANCE INCENTIVES (APR 2000) (a) Performance incentives may be agreed upon between the contractor and the ordering office on individual orders or Blanket Purchase Agreements under this contract in accordance with this clause. (b) The ordering office must establish a maximum performance incentive price for these services and/or total solutions, on individual orders or Blanket Purchase Agreements. (c) Incentives should be designed to relate results achieved by the contractor to specified targets. To the maximum extent practicable, ordering offices shall consider establishing incentives where performance is critical to the agency’s mission and incentives are likely to motivate the contractor. Incentives shall be based on objectively measurable tasks. I-FSS-600 CONTRACT PRICE LISTS (JUL 2004) (ALTERNATE I – DEC 2008) (a) Electronic Contract Data. (1) At the time of award, the Contractor will be provided instructions for submitting electronic contract data in a prescribed electronic format as required by clause 552.238-71, Submission and Distribution of Authorized FSS Schedule Price lists. (2) The Contractor will have a choice to transmit its file submissions electronically through Electronic Data Interchange (EDI) in accordance with the Federal Implementation Convention (IC) or use the application made available at the time of award. The Contractor’s electronic files must be complete; correct; readable; virus-free; and contain only those supplies and services, prices, and terms and conditions that were accepted by the Government. They will be added to GSA’s electronic ordering system known as GSA Advantage!™,a menu-driven database system that provides on-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order. The Contractor’s electronic files must be received no later than 6 months after award. Contractors should refer to clause I-FSS-597, GSA Advantage!™[SEE C.53] for further information. (3) Further details on EDI, ICs, and GSA Advantage!™can be found in clause I-FSS-599, Electronic Commerce . (4) The Contractor is encouraged to place the GSA identifier (logo) on their web site for those supplies or services covered by this contract. The logo can link to the contractor’s Federal Supply Services’ price list. The identifier URL is located at FSS.gsa.gov/partnership/. All resultant “web price lists” shown on the contractor’s web site must be in accordance with section (b) of this clause and nothing other than what was accepted /awarded by the Government may included. If the contractor elects to use contract identifiers on its website (either logos or contract number) the website must be clearly distinguish between those items awarded on the contract and any other items offered by the contractor on an open market basis. Page: 120 of 124 Attachment number 2 Page 126 of 130 Item # 24 (5) The contractor is responsible for keeping all electronic catalog data up to date; e.g., prices, product deletions and replacements, etc. (b) Federal Supply Schedule pricelists (1) The Contractor shall prepare a paper Information Technology Schedule pricelist in accordance with the Attachment titled “Guidelines For Format and Content of Authorized Information Technology Schedule Pricelist”. Two (2) copies of the proposed Information Technology Schedule pricelist shall be submitted with the Offeror's proposal. (2) The Contracting Officer will return one copy of the Authorized Information Technology Schedule pricelist to the Contractor with the notification of contract award. In accordance with GSAR clause 552.238-71 the Contractor may print and distribute the awarded pricelist without written approval from the Contracting Officer. The pricelist must include all applicable terms and conditions of the cited contract. The Contractor will be responsible for the accuracy of the pricelist. (3) Modifications to Information Technology Schedule pricelists shall include on the cover page the same information as the basic document plus the title "Modification No." and the effective date(s) of such modifications. (4) As an option, the Contractor may provide two (2) copies (including cover letter) of the Authorized Information Technology Schedule pricelist to the Contracting Officer for review prior to distribution. Accuracy of information and computation of prices is the responsibility of the Contractor. (5) The Contractor may formally print and distribute the Authorized Information Technology Schedule pricelist. Inclusion of incorrect information (electronically or in paper) will cause the Contractor to reprint/resubmit/correct and redistribute the pricelist, and may constitute sufficient cause for Cancellation, applying the provisions of 52.212-4, Contract Terms and Conditions (paragraph (m), Termination for Cause) and application of any other remedies as provided by law-including monetary recovery. (6) In addition, one copy of the Authorized Information Technology Pricelist must be submitted to the: GSA, Federal Supply Service National Customer Service Center (QC0CC) Bldg. #4, 1500 E. Bannister Road Kansas City, MO 64131-3009 Telephone: 1(800) 488-3111 I-FSS-639 CONTRACT SALES CRITERIA (MAR 2002) (a) A contract will not be awarded unless anticipated sales are expected to exceed $25,000 within the first 24 months following contract award, and are expected to exceed $25,000 in sales each 12-month period thereafter. (b) The Government may cancel the contract in accordance with clause 552.238-73, Cancellation, unless reported sales are at the levels specified in paragraph (a) above. I-FSS-644 DEALERS AND SUPPLIERS (OCT 1988) When requested by the Contracting Officer, if other than the manufacturer, the offeror must submit prior to award of a contract, either (1) a letter of commitment from the manufacturer which will assure the offeror of a Page: 121 of 124 Attachment number 2 Page 127 of 130 Item # 24 source of supply sufficient to satisfy the Government's requirements for the contract period, OR (2) evidence that the offeror will have an uninterrupted source of supply from which to satisfy the Government's requirements for the contract period. I-FSS-646 BLANKET PURCHASE AGREEMENTS (MAY 2000) Blanket Purchase Agreements (BPA's) can reduce costs and save time because individual orders and invoices are not required for each procurement but can instead be documented on a consolidated basis. The Contractor agrees to enter into BPA's with ordering activities provided that: (a) The period of time covered by such agreements shall not exceed the period of the contract including option year period(s); (b) Orders placed under such agreements shall be issued in accordance with all applicable regulations and the terms and conditions of the contract; and (c) BPAs may be established to obtain the maximum discount (lowest net price) available in those schedule contracts containing volume or quantity discount arrangements. I-FSS-680 DISSEMINATION OF INFORMATION BY CONTRACTOR (APR 1984) The Government will provide the Contractor with a single copy of the resulting Federal Supply Schedule. However, it is the responsibility of the Contractor to furnish all sales outlets authorized to participate in the performance of the contract with the terms, conditions, pricing schedule, and other appropriate information. I-FSS-918 IMPREST FUNDS (PETTY CASH) (MAY 2000) The Contractor agrees to accept cash payment for purchases made under the terms of the contract in conformance with Federal Acquisition Regulation (FAR) 13.305. I-FSS-969 ECONOMIC PRICE ADJUSTMENT—FSS MULTIPLE AWARD SCHEDULE (JAN 2002) Price adjustments include price increases and price decreases. Adjustments will be considered as follows: (a) Contractors shall submit price decreases anytime during the contract period in which they occur. Price decreases will be handled in accordance with the provisions of the Price Reduction Clause. (b) There are two types of economic price adjustments (EPAs) possible under the Multiple Award Schedules (MAS) program for contracts not based on commercial catalogs or price lists as described below. Price adjustments may be effective on or after the first 12 months of the contract period on the following basis: (1) Adjustments based on escalation rates negotiated prior to contract award. Normally, when escalation rates are negotiated, they result in a fixed price for the term of the contract. No separate contract modification will be provided when increases are based on negotiated escalation rates. Price increases will be effective on the 12-month anniversary date of the contract effective date, subject to paragraph (f), below. (2) Adjustments based on an agreed-upon market indicator prior to award. The market indicator, as used in this clause, means the originally released public index, public survey or other public, based market indicator. The market indicator shall be the originally released index, survey or market indicator, not seasonally adjusted, published by the [to be negotiated], and made available Page: 122 of 124 Attachment number 2 Page 128 of 130 Item # 24 at [to be identified]. Any price adjustment shall be based on the percentage change in the designated (i.e. indicator identification and date) market indicator from the initial award to the latest available as of the anniversary date of the contract effective date, subject to paragraph (e), below. If the market indicator is discontinued or deemed no longer available or reliable by the Government, the Government and the Contractor will mutually agree to a substitute. The contract modification reflecting the price adjustment will be effective upon approval by the Contracting Officer, subject to paragraph (g), below. The adjusted prices shall apply to orders issued to the Contractor on or after the effective date of the contract modification. (c) Nothwithstanding the two economic price adjustments discussed above, the Government recognizes the potential impact of unforeseeable major changes in market conditions. For those cases where such changes do occur, the contracting officer will review requests to make adjustments, subject to the Government’s examination of industry-wide market conditions and the conditions in paragraph (d) and (e), below. If adjustments are accepted, the contract will be modified accordingly. The determination of whether or not extra-ordinary circumstances exist rests with the contracting officer. The determination of an appropriate mechanism of adjustment will be subject to negotiations. (d) Conditions of Price change requests under paragraphs b(2) and c above.: (1) No more than three increases will be considered during each succeeding 12-month period of the contract. (For succeeding contract periods of less than 12 months, up to three increases will be considered subject to the other conditions of subparagraph (b)). (2) Increases are requested before the last 60 days of the contract period, including options. (3) At least 30 days elapse between requested increases. (4) In any contract period during which price increases will be considered, the aggregate of the increases during any 12-month period shall not exceed 10 percent (10%) of the contract unit price in effect at the end of the preceding 12-month period. The Government reserves the right to raise the ceiling when market conditions during the contract period support such a change. (e) The following material shall be submitted with request for a price increase under paragraphs b(2) and c above: (1) A copy of the index, survey or pricing indicator showing the price increase and the effective date. (2) Commercial Sales Practice format, per contract clause 52.215-21 Alternate IV, demonstrating the relationship of the Contractor's commercial pricing practice to the adjusted pricing proposed or a certification that no change has occurred in the data since completion of the initial negotiation or a subsequent submission. (3) Any other documentation requested by the Contracting Officer to support the reasonableness of the price increase. (f) The Government reserves the right to exercise one of the following options: (1) Accept the Contractor's price increases as requested when all conditions of (b), (c), (d), and (e) of this clause are satisfied; (2) Negotiate more favorable prices when the total increase requested is not supported; or, (3) Decline the price increase when the request is not supported. The Contractor may remove the item(s) from contract involved pursuant to the Cancellation Clause of this contract. (g) Effective Date of Increases: No price increase shall be effective until the Government receives the electronic file updates pursuant to GSAR 552.243-72, Modifications (Multiple Award Schedule). Page: 123 of 124 Attachment number 2 Page 129 of 130 Item # 24 (h) All MAS contracts remain subject to contract clauses GSAR 552.238-75, “Price Reductions”; and 552.215-72, “Price Adjustment -- Failure to Provide Accurate Information.” In the event the application of an economic price adjustment results in a price less favorable to the Government than the price relationship established during negotiation between the MAS price and the price to the designated customer, the Government will maintain the price relationship to the designated customer. Note: Regulation I-FSS-969 THIS REGULATION FOR ECONOMIC PRICE ADJUSTMENT (EPA) IS FOR PRODUCTS AND /OR SERVICES THAT WERE AWARDED, BUT NOT BASED ON A COMMERCIAL CATALOG PRICE. Page: 124 of 124 Attachment number 2 Page 130 of 130 Item # 24 Pricing for City of Augusta via Windstream GSA contract number GS-35F-0016T Ala Carte Services Metro E Layered Services Channelized T1 $325 Dynamic T1 $400 SIP Trunks $150 per 23 Channels PRI $315 PRI $150 per 23B and 1D ch DIDs are no additional charge Long Distance is $.025 a minute (sold in blocks of 1000) VES MetroE 10 Mbps $975 20Mbps $1,300 50Mbps $1,700 100Mbps $2,200 Attachment number 3 Page 1 of 1 Item # 24 CommissionMeetingAgenda 6/21/20115:00PM Community-WideTeenPregnancyPreventionInitiative PlanningGrant Department:ClerkofCommission Caption:Motionto approveforRichmondCountyCommunity-WideTeen PregnancyPreventionInitiativePlanningGrantfor Juvenile Court.(ApprovedbyPublicSafetyCommitteeJune13,2011) Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Cover Memo Item # 25 Attachment number 1 Page 1 of 2 Item # 25 Attachment number 1 Page 2 of 2 Item # 25 Attachment number 2 Page 1 of 8 Item # 25 Attachment number 2 Page 2 of 8 Item # 25 Attachment number 2 Page 3 of 8 Item # 25 Attachment number 2 Page 4 of 8 Item # 25 Attachment number 2 Page 5 of 8 Item # 25 Attachment number 2 Page 6 of 8 Item # 25 Attachment number 2 Page 7 of 8 Item # 25 Attachment number 2 Page 8 of 8 Item # 25 CommissionMeetingAgenda 6/21/20115:00PM PurchaseofServicesSubcontractforJuvenileCourt Department:ClerkofCommission Caption:Motionto approvePurchaseofServicesSubcontractfor ChristopherNorris-LPC.(ApprovedbyPublicSafety CommitteeJune13,2011) Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Cover Memo Item # 26 Attachment number 1 Page 1 of 10 Item # 26 Attachment number 1 Page 2 of 10 Item # 26 Attachment number 1 Page 3 of 10 Item # 26 Attachment number 1 Page 4 of 10 Item # 26 Attachment number 1 Page 5 of 10 Item # 26 Attachment number 1 Page 6 of 10 Item # 26 Attachment number 1 Page 7 of 10 Item # 26 Attachment number 1 Page 8 of 10 Item # 26 Attachment number 1 Page 9 of 10 Item # 26 Attachment number 1 Page 10 of 10 Item # 26 CommissionMeetingAgenda 6/21/20115:00PM MultiPurposeStadium Department: Caption:Motionto approvetaskingtheAdministratorwithdevelopinga financialpackagerelativetotheproposedRipkenM ulti-Purpose Stadium.(RequestedbyCommissionerJoeJackson) Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Cover Memo Item # 27 CommissionMeetingAgenda 6/21/20115:00PM 16InchWaterMainCostShareAgreementwithCoelD ev.andStephenBeazleyBuilders Department:AugustaUtilitiesDepartment Caption:Motionto approve acostsharingagreementbetweentheAugusta UtilitiesDepartmentandCoelDevelopmentCo.,Inc.andStephen BeazleyBuilders,Inc (ApprovedbyEngineeringServices CommitteeJune13,2011). Background:AUDproject10156/GordonHighway16"WaterMainis inthe finalstagesofplanningandeasementacquisition.Coel DevelopmentandStephenBeazleyBuildersareinthe processof developingasubdivisiontobeknownasHaynesStat ionnearthe tie-inpointofproject10156.Thisdevelopmentwil lrequirethat the16"linebeconstructedassoonaspossible. Analysis:ThedevelopersneedwaterextendedbeforeAUDwould normally constucttheproject;theywishtosharethecostt ohavetheportion thatwillservetheirdevelopmentconstructedimmed iately.Such anagreementwillbenefitbothpartiesbyconstruct ing4,596linear feetof16"pipe,whichwillbecomepartofAugusta 'ssystem,and providingwatertothenewsubdisivion.Theagreeme ntstatesthat thefirst3,000feetwillbea50/50splitbetween AUDand Coel/Beazley,theremaining1,596feetwillbepaid byAUD. FinancialImpact:$244,968.79 Alternatives:Denythemotiontoapproveacostsharingagreement betweenthe AugustaUtilitiesDepartmentandCoelDevelopmentC o.,Inc.and StephenBeazleyBuilders,Inc. Recommendation:Approvethemotiontoapproveacostsharingagreem entbetween theAugustaUtilitiesDepartmentandCoelDevelopme ntCo.,Inc. andStephenBeazleyBuilders,Inc. FundsareAvailable intheFollowing Accounts: 511043410-542511080310156-5425110 Cover Memo Item # 28 REVIEWEDANDAPPROVEDBY : Finance. Procurement. Law. Administrator. ClerkofCommission Cover Memo Item # 28 Attachment number 1 Page 1 of 1 Item # 28 Attachment number 2 Page 1 of 1 Item # 28 Attachment number 3 Page 1 of 1 Item # 28 Attachment number 4 Page 1 of 1 Item # 28 Attachment number 5 Page 1 of 1 Item # 28 STATE OF GEORGIA) COUNTY OF RICHMOND) COST SHARING AGREEMENT THIS Agreement, made the ____ day of _____________, 2011, by and between COEL DEVELOPMENT CO., INC., a Georgia corporation, and STEPHEN BEAZLEY BUILDERS, INC., a Georgia corporation, as party of the first part, hereinafter referred to as “COEL”, and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, by and through its Utilities Department, as party of the second part, hereinafter referred to as “AUGUSTA”: WITNESSETH WHEREAS COEL owns certain property described as: All that lot, or parcel of land, situate, lying and being in Richmond County, Georgia, 119th G.M.D. on the northern right of way of Gordon Highway (U.S. Highway 78) and containing 196.89 acres, as shown on a plat prepared for Nordahl Development West, Inc., by Southern Partners, Inc., dated August 11, 2005, said plat being recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia, in Book 1, page 1173, reference being hereby made for a more complete and accurate description as to the metes, courses, bounds and location of said property. Said property being known in the local tax map and parcel numbering system as 064-0-008-00-0; and WHEREAS COEL wishes to construct a subdivision, presently going by the name of Haynes Station, as approved by the Augusta-Richmond County Planning Commission on ______________, and the Augusta Commission on ________________; and WHEREAS it is to the benefit of both parties to construct a water main pipeline, hereinafter referred to as “water main”, to serve said COEL property; and NOW THEREFORE, COEL and AUGUSTA hereby enter into the following agreement: Attachment number 6 Page 1 of 5 Item # 28 PROJECT SCOPE AND ESTIMATED COST: COEL will cause a sixteen inch (16) inch ductile iron water main pipeline to be constructed for a distance of 4,596 linear feet, as shown on Exhibit A, which will be constructed within the easements purchased by Augusta, Georgia, for the Gordon Highway 16” Water Main Project. Said project consists of two (2) sections: Section 1 will begin at a point on the western boundary line of a tract of land owned by Fred Sims, Jr., being known under the local Parcel Identification Number as 080-0-001- 00-0, at Station 37+08, and continue under Willhaven Drive, in a westerly direction, for 3,000 feet to Station 67+08, on the same parcel identified previously in this paragraph. Section 2 will begin at Station 67+08 and continue in a westerly direction, for a distance of 1,596 feet, to Station 83+04. COEL conducted a competitive bid, adhering to the guidelines of the Augusta- Richmond County Procurement Department, for the construction of said water main pipeline. The lowest bid was submitted by Blair, with the total project cost being $363,655.22. AUGUSTA and COEL have agreed to cost share the construction cost for Section 1, with fifty percent (50%) share being paid by AUGUSTA and a fifty percent (50%) share being paid by COEL. The construction cost, for this section, is two hundred thirty seven thousand, three hundred seventy two dollars and eighty six cents ($237,372.86). Attachment number 6 Page 2 of 5 Item # 28 AUGUSTA has agreed to pay 100 percent (100%) of the construction cost for Section 2. The cost, for this section, is one hundred twenty six thousand, two hundred eighty two dollars and thirty six cents ($126,282.36). STIPULATIONS: All parties understand and agree that: 1. The above stated construction costs include any and all costs associated with this project, including, but not limited to surveying, engineering, plats, clearing and grubbing, construction, materials, acquisition and restoration. 2. The water main shall be constructed consistent with the applicable AUD (Augusta Utilities Department), AWWA, IFPA codes, Georgia Plumbing codes and any other standards, regulations and requirements pertinent to water mains. 3. The water main must pass all required and recommended testing. AUD may, but is not obligated to, monitor the construction of the water main. 4. Any and all estimated cost overruns must have prior written approval of AUGUSTA, through its Utilities Department (AUD). 5. Any and all additional easements required for this project shall be donated to AUGUSTA. 6. This agreement is contingent upon the Augusta Commission approval of the overall project and the Cost Sharing Agreement. 7. If the Augusta Commission does not approve the overall project and Cost Sharing Agreement, AUGUSTA will be liable for none of the expense associated with this project and this agreement becomes null and void. All parties further agree that the contractor will be informed to pay particular attention to the fence, gate and other improvements located on Parcel Identification Number 080-0-012-00-0 and Parcel Identification Number 080-0-013- 00-0, both parcels being owned by Dennis P. Faglier. All caution is to be taken to prevent any damage, or harm, to these improvements. Attachment number 6 Page 3 of 5 Item # 28 PAYMENT: Upon the completion of said water main, AUD will perform a final inspection to determine that said water main has been constructed to all applicable Standards, Specifications and Codes, and that said water main has passed all required and recommended testing. If AUD determines that said water main is acceptable to AUGUSTA, a final inspection report will be forwarded to COEL and COEL will send an itemized invoice to AUD. Payment to COEL will be made within thirty (30) days of the receipt of the itemized invoice by AUD. The terms “COEL” and "AUGUSTA" as used herein shall be deemed to mean their respective heirs, successors and assigns, and this Agreement shall inure to the benefit of and be binding upon COEL and AUGUSTA and their respective heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and their seals on the day and year above first written. Signed, sealed and delivered in the presence of: COEL DEVELOPMENT CO., INC. (owning a 90% interest) _________________________________ By: ___________________________________ WITNESS _________________________________ As Its: ________________________ NOTARY PUBLIC ________ County, Georgia Attest: _________________________________ My Commission Expires: _______________ As its: _____________________ (signatures continued on next page) Attachment number 6 Page 4 of 5 Item # 28 STEPHEN BEAZLEY BUILDERS INC. (owning a 10% interest) _________________________________ By: ___________________________________ WITNESS _________________________________ As Its: ________________________ NOTARY PUBLIC ________ County, Georgia Attest: _________________________________ My Commission Expires: _______________ As its: _____________________ AUGUSTA, GEORGIA _________________________________ By: ______________________________________ WITNESS David S. Copenhaver As Its: ____Mayor_____ _________________________________ NOTARY PUBLIC _____________ County, State of ___________ My Commission Expires: _____________ [NOTARY SEAL] Attest: By: ______________________________________ As Its: ________________________________ (SEAL) Attachment number 6 Page 5 of 5 Item # 28 CommissionMeetingAgenda 6/21/20115:00PM ApproveRFQ#11-130:TaskOrderProgramforInfrast ructurefortheCityofAugusta-Utilities Departmentintheamountof$2,000.00.00. Department:AugustaUtilitiesDepartment Caption:Motionto approveRFQ#11-130:TaskOrderProgramfor InfrastructurefortheCityofAugusta-UtilitiesD epartmentinthe amountof$2,000,000.00forexecutionbyContractM anagement, Inc.;BlairConstruction,Inc.,EagleUtilityContr acting,Inc;and QualityStormWaterSolutionsasqualifiedandsele cted contractors.(ApprovedbyEngineeringServicesCommittee June13,2011) Background:Theintentofthissolicitationistoestablishap oolofqualified contractorsfromwhichAugustaUtilitieswillsolic itexpedited bidsforwork.Thetypesofworkanticipatedfort heTaskOrder Programareemergencyrepairsorsmallerconstructi onprojects thatrequireresourcesbeyondthoseoftheDepartme nt.Larger projectswouldstillbebidinthenormalfashion.TheoftheTask OrderProgramistosolicitcompetetivebidsfromt hepoolas projectsarise Analysis:AUDhasevaluatedContractManagement,Inc.;Blair Construction,Inc.,EagleUtilityContracting,Inc;andQuality StormWaterSolutionsproposal(s)toparticipatein theTaskOrder Programandhasconsideredtheproposal(s)fairand reasonableto accomplishthetask. FinancialImpact:Theconstructionfundsavailableforthisprojecta re $2,000,000.00.Thesefundsareavailablefromaccou nt 507043490-5425410/88886666-5425410 Alternatives:RejectionofthisRFQContractorSelectionwouldde laythe UtilitiesDepartmentabilitytoexecuteplannedand emergency repairsofthewater/sewerinfrastructuresystemth roughout Augusta/Richmond. Recommendation:RecommendCommissionapproveRFQ#11-130:TaskOrde r ProgramforInfrastructurefortheCityofAugusta -Utilities Cover Memo Item # 29 Departmentintheamountof$2,000.00.00. FundsareAvailable intheFollowing Accounts: $2,000,000.00fromaccount507043490-5425410/8888 6666- 5425410 REVIEWEDANDAPPROVEDBY : Finance. Procurement. Law. Administrator. ClerkofCommission Cover Memo Item # 29 Attachment number 1 Page 1 of 1 Item # 29 REQUEST FOR QUALIFICATIONS Request for Qualifications will be received at this office until Tuesday, May 24, 2011 @ 3:00 p.m. for furnishing: RFQ ITEM #11-130 Task Order Program for Infrastructure for Utilities Department RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 RFQ documents may be viewed on the Augusta Richmond County web site under the Procurement Department ARCbid. RFQ documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. A Mandatory Pre-Qualification Meeting will be held on Friday May 6, 2011 @ 10:00 a.m. in the Procurement Department, 530 Greene Street, Room 605. All questions must be submitted in writing by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Monday, May 9, 2011 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference on an eligible local project, the certification statement as a local bidder and all supporting documents must be submitted to the Procurement Department with your bonafide bid package. No RFQ may be withdrawn for a period of 90 days after time has been called on the date of opening. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. Please mark RFQ number on the outside of the envelope. Bidders are cautioned that sequestration of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Funding for this project may include federal funds provided by the U. S. Department of Transportation (DOT) and/or other federal agencies. All DOT funded projects are subject to the requirements of 49 CFR Part 26. These requirements are mandatory and non-negotiable. Augusta enforces Disadvantage Business Enterprise (DBE) requirements and/or DBE goals set by Federal and/or State Agencies in accordance with State and Federal laws. Please be advised that the U. S. District Court for the Southern District of Georgia has entered on Order enjoining the Race-Based portion of Augusta, Georgia’s DBE Program. Thus, Augusta, Georgia does not have or operate a DBE, MBE or WBE Program for projects (or portions of projects) having Augusta, Georgia as the source of funding. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle April 14, 21, 28, May 5, 2011 Metro Courier April 20, 2011 cc: Tameka Allen Interim Deputy Administrator Tom Wiedmeier Augusta Utilities Drew Goins Augusta Utilities Jerry Delaughter Augusta Utilities Merle Wilkie Augusta Utilities Attachment number 2 Page 1 of 1 Item # 29 VENDORS Attachment B Original 8 Copies Blair Construction, Inc. PO Box 770 Evans, GA 30809 Yes Yes Yes Contract Management, Inc. 1827 Killingsworth Augusta, GA 30904 Yes Yes Yes Eagle Utility Contracting, Inc. 1350 Branch Road Bishop, GA 30627 Yes Yes Yes Quality Storm Water Solutions P.O. Box 1847 Evans, GA 30809 Yes Yes Yes RFQ Item #11-130 Task Order Program for Infrastructure for the City of Augusta - Utilities Department RFQ Due: Tuesday, May 24, 2011 @ 3:00 p.m. Page 1 of 1 Attachment number 3 Page 1 of 1 Item # 29 Attachment number 4 Page 1 of 1 Item # 29 Evaluation Criteria PTS Blair Construction, Inc. PO Box 770 Evans, GA 30809 Contract Management, Inc. 1827 Killingsworth Augusta, GA 30904 Eagle Utility Contracting, Inc. 1350 Branch Road Bishop, GA 30627 Quality Storm Water Solutions P.O. Box 1847 Evans, GA 30809 )LUP¶VH[SHULHQFHLQXWLOLW\ construction 25 20.7 16.7 18.3 15.0 )LUP¶VH[SHULHQFHZLWK$8' projects, infrastructure & specifications 25 20.7 15.0 18.3 11.7 3. Capacity/Ability to respond 25 20.7 16.7 19.0 15.0 4. Ability to meet liability insurance & specified bonding requirements 25 25.0 25.0 25.0 25.0 Total 100 87.0 73.3 80.7 66.7 Cumulative Evaluation Sheet - RFQ Item #11-130 Task Order Program for Infrastructure for the City of Augusta - Utilities Department Comments: Attachment number 5 Page 1 of 1 Item # 29 Attachment number 6 Page 1 of 2 Item # 29 Attachment number 6 Page 2 of 2 Item # 29 Attachment number 7 Page 1 of 4 Item # 29 Attachment number 7 Page 2 of 4 Item # 29 Attachment number 7 Page 3 of 4 Item # 29 Attachment number 7 Page 4 of 4 Item # 29 CommissionMeetingAgenda 6/21/20115:00PM Monument-Markerrequest-SummervilleNeighborhood Signs Department:PlanningCommission Caption:Motionto approvearequestbytheSummervilleNeighborhood AssociationforaPublicHearingtodiscussthepla cementof woodenandmetalsignswiththeSummervillelogoan d inscriptionatthefollowinglocations:cornerof BournePl.and MilledgeRd.;cornerof HenrySt.andHighlandAve .;cornerof HighlandAve.andWrightsboroRd.;cornerof HeardAve. andWrightsboroRd.;cornerof WaltonWayandMilledgeRd. WillalsohaveaStateofGeorgiahistoricalmarker.(Approved byEngineeringServicesCommitteeJune13,2011) Background: Analysis:PlacementofsignsmustbeapprovedbyTrafficEngi neering Dept.beforeinstallation FinancialImpact:NocosttotheCity Alternatives:AllowthesignsonCityright-of-wayordenythesi gns. Recommendation:Allowthesigns FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 30 CommissionMeetingAgenda 6/21/20115:00PM Streetlightingaward2011 Department:Engineering/Traffic Caption:Motionto approve theawardingoflowbidintheamountof $76,495toGraybarElectricforstreetlightpoles andfixturesfor replacements/repairsintheAugustaRichmondCounty urban areasforaperiodofoneyear.Effectiveupondate ofadoptionof thisitem.ThefundsareavailableintheStreetLi ghtingBudget Account2760416105414410.(ApprovedbyEngineering ServicesCommitteeJune13,2011) Background:Thisisforreplacementpoles. Analysis:AwardofBid. FinancialImpact:Adequatefundsareavailableandexpenditureofthi samountwill leave$23,505.whichissufficientforanyemergenc iesthatmay arisebeforetheendoftheyear. Alternatives:Approvetheawardingoflowbidintheamountof$7 6,495.To GraybarElectricforstreetlightpolesandfixture sfor replacements/repairsintheAugustaRichmondCounty Urban areasforaperiodofoneyear.Effectiveupondate ofadoptionof thisitem.ThefundsareavailableintheStreetLi ghtingBudget AccountNo.2760416105414410. Recommendation:Approvealternative. FundsareAvailable intheFollowing Accounts: 2760416105414410. REVIEWEDANDAPPROVEDBY : Finance.Cover Memo Item # 31 Procurement. Law. Administrator. ClerkofCommission Cover Memo Item # 31 Invitation To Bid Sealed bids will be received at this office until 11:00 a.m. Friday, May 13, 2011 for furnishing: Bid Item #11-122 Street Lighting Poles & Fixtures for Traffic Engineering Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be viewed on the Augusta Richmond County web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Monday, April 25, 2011 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference on an eligible local project, the certification statement as a local bidder and all supporting documents must be submitted to the Procurement Department with your bonafide bid package. No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. Please mark BID number on the outside of the envelope. Bidders are cautioned that sequestration of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Funding for this project may include federal funds provided by the U. S. Department of Transportation (DOT) and/or other federal agencies. All DOT funded projects are subject to the requirements of 49 CFR Part 26. These requirements are mandatory and non-negotiable. Augusta enforces Disadvantage Business Enterprise (DBE) requirements and/or DBE goals set by Federal and/or State Agencies in accordance with State and Federal laws. Please be advised that the U. S. District Court for the Southern District of Georgia has entered on Order enjoining the Race-Based portion of Augusta, Georgia’s DBE Program. Thus, Augusta, Georgia does not have or operate a DBE, MBE or WBE Program for projects (or portions of projects) having Augusta, Georgia as the source of funding. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle March 31, April 7, 14, 21, 2011 Metro Courier April 6, 2011 cc: Tameka Allen Interim Deputy Administrator Abie Ladson Engineering Department Steve Cassell Traffic Engineering Charles Gifford Traffic Engineering Attachment number 1 Page 1 of 1 Item # 31 Ve n d o r s : Co n s o l i d a t e d El e c t r i c a l Di s t r i b u t o r s 12 4 4 G o r d o n P k Au g u s t a , G A 30 9 0 1 Ha g e m e y e r 17 3 0 B a r t o n Ch a p e l R d . Au g u s t a , G A 30 9 0 9 Gr a y b a r 32 2 2 M i k e P a d g e t t Hw y Au g u s t a , G A 30 9 0 6 E. S a m J o n e s 33 1 6 S a n d p i p e r La n e Au g u s t a , G A 30 9 0 7 Bl u e S k y L i g h t i n g 40 8 6 Q u i n n D r i v e Ev a n s , G A 3 0 8 0 9 Ve l o c i t y Co n s t r u c t i o n 30 0 0 P u c k e t t s M i l l Bu f o r d , G A 3 0 5 1 9 El e c t i c a l E q u i p m e n t Co m p a n y 14 3 1 M a r v i n G r i f f i n Au g u s t a , G A 3 0 9 0 6 At t a c h m e n t B Ye s Y e s In c o m p l e t e No E - v e r i f y # No . 1 ( T S - 3 ) De l i v e r y 8- 1 0 W e e k s 8 - 1 2 W e e k s Bi d P r i c e $1 , 0 4 1 . 0 0 $ 1 , 0 1 7 . 0 0 No n - Co m p l i a n t No . 2 ( T S - 4 ) De l i v e r y 8- 1 0 W e e k s 8 - 1 2 W e e k s Bi d P r i c e $8 3 5 . 0 0 $ 8 1 8 . 0 0 No n - Co m p l i a n t Bi d I t e m # 1 1 - 1 2 2 St r e e t L i g h t i n g P o l e s & F i x t u r e s Fo r t h e C i t y o f A u g u s t a - E n g i n e e r i n g - T r a f f i c E n g i n e e r i n g D e p ar t m e n t Bi d O p e n i n g D a t e : F r i d a y , M a y 1 3 , 2 0 1 1 a t 1 1 : 0 0 a . m . Pa g e 1 o f 1 Attachment number 2 Page 1 of 1 Item # 31 Attachment number 3 Page 1 of 1 Item # 31 Attachment number 4 Page 1 of 3 Item # 31 Attachment number 4 Page 2 of 3 Item # 31 Attachment number 4 Page 3 of 3 Item # 31 CommissionMeetingAgenda 6/21/20115:00PM TEECenter-IncreaseGMPforKitchenEquip Department:RecreationParksandFacilities-FacilitiesManage r Caption:Motionto approveacomponentchangefor$1,376,987tothe GMP(GuaranteedMaximumPrice)andexistingPurchas eOrder (P179109)forpurchaseandinstallationofKitchen Equipmentfor theTEECenterundertheCMContract.Thisdoesnot increase overallprojectcost.TherevisedGMPis$29,276,98 7.(Approved byEngineeringServicesCommitteeJune13,2011) Background:R.W.Allen,LLC(RWA)wasselectedunderRFQ10-039 asthe TEECenterproject’sConstructionManageratRiskb ythe AugustaCommissiononJanuary19,2010.Apurchase orderwas issuedtoR.W.Allen,LLConApril20,2010forthe amountof theirgeneralconditions,constructionfeeandpre-constructionfee. R.W.AllensubmittedtheKitchenEquipmentscopef orbids, receivingatotaloffiveresponses.NorvellFixtur e&Equipment Company,alocalfirm,wasthelowbidder. Analysis:Theproposedmonetarymodificationisrequiredfor Kitchen EquipmentinclusionintotheConstructionManager’s GMP. FundswillbetransferredfromtheFixtureFurnitur eand Equipment(FF&E)budgetintotheGMP. FinancialImpact:Thereisnofinancialimpacttotheoverallproject cost.Fundsare beingtransferredfromtheFF&Ebudget. Alternatives:1.Approveacomponentchangefor$1,376,987tothe GMPand existingPurchaseOrder(P179109)forpurchaseand installation ofKitchenEquipmentfortheTEECenterundertheC MContract. Thisdoesnotincreaseoverallprojectcost.There visedGMPis $29,276,987.2.DisapprovingthePurchaseOrderinc reasewill delayconstructionschedule. Recommendation:#1.Approveacomponentchangefor$1,376,987toth eGMPand existingPurchaseOrder(P179109)forpurchaseand installation ofKitchenEquipmentfortheTEECenterundertheC MContract. Thisdoesnotincreaseoverallprojectcost.There visedGMPisCover Memo Item # 32 $29,276,987. FundsareAvailable intheFollowing Accounts: FUNDSAREAVAILABLEINACCOUNT:TEECenter:GL– 325-05-1130;JL–206351102GL-361-06-1120Object Code: 5413130 REVIEWEDANDAPPROVEDBY : Finance. Procurement. Law. Administrator. ClerkofCommission Cover Memo Item # 32 CommissionMeetingAgenda 6/21/20115:00PM Minutes Department:ClerkofCommission Caption:Motionto approvetheminutesoftheregularmeetingofthe CommissionheldJune 7,2011 andSpecialCalledLegalMeeting held June13,2011. Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Cover Memo Item # 33 CommissionMeetingAgenda 6/21/20115:00PM Affidavit Department:ClerkofCommission Caption:Motionto authorizeexecutionbytheMayoroftheaffidavitof compliancewithGeorgia'sOpenMeetingAct. Background: Analysis: FinancialImpact: Alternatives: Recommendation: FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Cover Memo Item # 34