AG-0489-S-10-0298.docx

AG-0489-S-10-0298 FSR 15, 37, and 17 Chip Seal Contract Page 28 of 28

Section B—Prices/Costs Schedule of Items Project 1: 17 Road Single Layer Asphalt Surface Treatments Emigrant Creek Ranger District; Malheur National Forest Grant County

ITEM

NO.

QTY.

M. of M.

PAY

UNIT

UNIT

PRICE

TOTAL

PRICE

15101

Mobilization

All

L.S.Q.

Lump Sum

15401

Contractor testing

All

L.S.Q.

Lump Sum

40901

Surface treatment aggregates designation 1C

A.Q.

Ton

40904

Emulsified asphalt grade CRS-2

A.Q.

Ton

TOTAL: $___________________

Project 2: 15 Road Single Layer Asphalt Surface Treatments Blue Mountain & Emigrant Creek Ranger Districts; Malheur National Forest Grant & Harney Counties

ITEM

NO.

QTY.

M. of M.

PAY

UNIT

UNIT

PRICE

TOTAL

All

L.S.Q.

Lump Sum

All

L.S.Q.

Lump Sum

Surface treatment aggregates designation 1C

A.Q.

Ton

Emulsified asphalt grade CRS-2P

106.5

A.Q.

Ton

TOTAL: $___________________

Project 3: 37 Road Single Layer Asphalt Surface Treatments Blue Mountain & Emigrant Creek Ranger Districts; Malheur National Forest Grant & Harney Counties

ITEM

NO.

QTY.

M. of M.

PAY

UNIT

UNIT

PRICE

TOTAL

All

L.S.Q.

Lump Sum

All

L.S.Q.

Lump Sum

Surface treatment aggregates designation _1C__

A.Q.

Ton

Emulsified asphalt grade _CRS-2P__

40.5

A.Q.

Ton

TOTAL: $___________________

B-2 - NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization.

Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

Section C—Description/Specifications/Statement of Work

C-1 Description of Work On each project the Contractor(s) shall be responsible for providing all labor, tools, material, and equipment necessary to perform all work in strict accordance with the specifications and drawings. Payment for the contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for the items shown.

Project 1: This project consists of applying a single layer asphalt surface treatment to Forest Road 17 which is 11.13 miles long and is a double lane road with an existing asphalt paved surface 28 feet wide. 15 feet of all approaches of other roads that have a paved surface shall have a single layer asphalt surface treatment. There are 2 large pullouts which will be staked by the Government that shall have a single layer asphalt surface treatment. The road surface shall be broomed by the Contractor prior to placing the asphalt surface treatment. The Contractor shall furnish asphalt surface treatment aggregate, Designation 1C, and emulsified asphalt, Grade CRS-2, and all equipment necessary to apply the asphalt surface treatment. The aggregate shall be hauled by the Contractor, in vehicles that do not exceed Oregon Department of Transportation legal load limits. The estimated application rates for this project are 0.28 gallons/square yard of asphalt emulsion and 23 pounds/square yard of aggregate. The Contractor shall provide sampling and testing according to the Specifications from a third party. The Contractor shall provide flaggers and pilot cars needed to control traffic during application of the asphalt surface treatment materials.

Project 2: This project consists of applying a single layer asphalt surface treatment to a 6.40 mile long segment of Forest Road 15 which is a double lane road with an existing asphalt paved surface 24 feet wide. The road surface shall be broomed by the Contractor prior to placing the asphalt surface treatment. The Contractor shall furnish asphalt surface treatment aggregate Designation 1C and emulsified asphalt grade CRS-2P and all equipment necessary to apply the asphalt surface treatment. The aggregate shall be hauled by the Contractor, in vehicles that do not exceed Oregon Department of Transportation legal load limits. The estimated application rates for this project are 0.28 gallons/square/yard of asphalt emulsion and 23 pounds/square yard of aggregate. The Contractor shall provide flaggers and pilot cars needed to control traffic during application of the asphalt surface treatment materials.

Project 3: This project consists of applying a single layer asphalt surface treatment to a 2.47 mile long segment of Forest Road 37 which is a double lane road with an existing asphalt paved surface averaging 24 feet wide. The road surface shall be broomed by the Contractor prior to placing the asphalt surface treatment. The Contractor shall furnish asphalt surface treatment aggregate Designation 1C and emulsified asphalt grade CRS-2P and all equipment necessary to apply the asphalt surface treatment. The aggregate shall be hauled by the Contractor in vehicles that do not exceed Oregon Department of Transportation legal load limits. The estimated application rates for this project are 0.282 gallons/square yard of asphalt emulsion and 23 pounds/square yard of aggregate. The Contractor shall provide flaggers and pilot cars needed to control traffic during application of the asphalt surface treatment materials.

C-2 Project Location Project 1: The Forest Service 17 road project is located on the Blue Mountain Ranger District of the Malheur National Forest, about 37 miles South of John Day, Oregon. It can be accessed by turning south from John Day on US 395 for approximately 37 miles, and then turning East on Grant County Road 73, and continuing East on Road 73 for approximately 3 miles to the beginning of the project.

Project 2: The Forest Service 15 road project is located on the Blue Mountain Ranger District of the Malheur National Forest, about 17 miles southeast of John Day, Oregon. It can be accessed by turning south from John Day on US 395 for approximately 10 miles, and then turning southeast on Grant County Road 65, and continuing southeast on Road 65 for approximately 8 miles to the beginning of the project.

Project 3: The Forest Service 37 road project is located on the Emigrant Creek Ranger District of the Malheur National Forest about 36 miles from Burns, Oregon. To access the site, turn northwest from US Highway 20 onto Harney County Road 127 about 3 miles southwest of Burns and continue on Road 127 for approximately 27 miles to Forest Boundary where Road 127 ends, and Forest Road 47 begins, continue north on Forest Road 47 for approximately 6 miles to the Junction between Forest Road 47 and Forest Road 37, turn east on road 37 for approximately 650 feet to the beginning of the project.

C-3 Price Range The Government estimate for all projects is between $250,000 and $500,000.

C-4 AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

Section D—Packaging and Marking

For this Solicitation, there are NO Clauses in this Section

Section E—Inspection and Acceptance

FAR 52.246-12 Inspection of Construction (APR 1996)

E-2 Final Cleanup Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all Contractor's rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

E-2 AGAR 452.246-70 Inspection and Acceptance (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at: project site.

Section F—Deliveries or Performance

FAR 52.242-14 Suspension of Work (APR 1984)

F-2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 20 calendar days for Project 1 (17 Road), 20 calendar days for Projects 2 and 3 if one Contractor is awarded both projects, or 14 calendar days for each Project 2 and 3 if these two projects are awarded to separate Contractors. The time stated for completion shall include final cleanup of the premises.

NOTE: Work is estimated to begin in July of 2011 for Project 1 and is estimated to begin in July of 2010 for Project 2 and Project 3.

Section G—Contract Administration Data

G-1 AGAR 452.215-73 Postaward Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within 15 days after the date of contract award. The conference will be held at the Malheur National Forest; 431 Patterson Bridge Road; John Day, OR 97845.

G-2 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative(s) (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G-3 APPROVAL OF SUBCONTRACTING

The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

G-4 CONTRACT RELEASE OF CLAIMS

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $__________ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein. Reservations:___NONE____"

G-5 CONTRACTOR PERFORMANCE SYSTEM REGISTRATION

Prior to final payment of the contract, Contractor shall register in the Contractor Performance System. Information on registering in the system can be found at: http://cps.od.nih.gov/cps_contractor_registration.htm

G-6 MEASUREMENT AND PAYMENT

See the specifications for measurement and payment details.

Section H—Special Contract Requirements

H-1 PRODUCT SUBSTITUTION

A. When submitted within 30 days after contract award, the Contracting Officer will consider formal requests for substitution of products, equipment and methods, in place of those specified. Requests submitted after 30 days will be considered only in case of product unavailability or other conditions beyond the control of Contractor. Requests shall provide the information and be in the format as specified in paragraph B below.

B. Submit separate request for each substitution. Support each request with:

1. Complete data substantiating compliance of proposed substitution with requirements stated in contract documents:

a. Product identification, including manufacturer's name and address.

c. Samples, as applicable

d. Name and address of similar projects on which product has been used, and date of each installation.

e. Comparative data of item to be deleted by proposed substitution. Include drawings to same (or larger) scale as pertinent portion of contract documents and marked to show how differences will be accommodated.

f. Show complete system/assembly as revised to accommodate proposed alternate for difference in performance, size, configuration, connections, service, accessibility, or any other significant characteristics.

g. Show complete layout of system except that which is identical to contract documents unless unchanged portion must be shown to indicate clearances, etc.

h. Include complete detail drawings of supports for all substitute equipment and complete load calculations for adequacy of support prepared and signed by a registered structural engineer.

D. Substitute products shall not be ordered or installed without written acceptance of the Contracting Officer.

E. Contracting Officer will determine acceptability of proposed substitutions.

F. Number of Substitution Submittals: Only one proposed alternative will be considered for each item. Provide specified item if substitution proposal is rejected.

B. The Contractor assumes full responsibility that the substitution and/or alternate items or procedures proposed will meet the job requirements.

C. The Contractor is solely responsible for the cost of redesign and modifications to this and other parts of the work caused by the substitutions or alternates furnished.

H-3 SUBMITTALS

The following shall be submitted on this project:

H-4 MATERIAL CERTIFICATIONS AND TESTING REPORTS

The following material certifications and/or testing reports shall be submitted on this project:

H-5 MOISTURE SENSITIVE SOILS

Contractors are cautioned that the roadway structure is designed so that the completed road will support highway legal loads during a limited use season. Construction equipment often subjects the uncompleted roadway structure to loadings it is not designed to support. This is especially critical during periods of excessive moisture. Materials on this project are sensitive to excessive moisture and will require careful selection and scheduling of equipment to permit efficient operation. Any damage resulting from operations, which renders the material unsuitable for use or results in potential siltation of streams, will be corrected by the Contractor at Contractor's expense.

H-6 LANDSCAPE PRESERVATION

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

H-7 SAFETY

The following list of some inherently hazardous activities shall be considered in the plan and on the site. The following is not all inclusive:

1. Operation of heavy and small powered equipment (including operations around cutslopes),

2. Working around and under heavy equipment,

3. Working around soft and/or sharp shoulders, danger trees adjacent to roads and project areas,

4. Working around operator fatigue and public traffic,

5. Working in traffic areas and constricting that traffic from a two lane road temporarily to a single lane and short term traffic delays,

6. Working in high heat and strenuous conditions.

Contractor shall provide a written job specific safety plan addressing the hazards identified above and other potential hazards known to the Contractor. The plan shall be presented at or before the post award conference for discussion.

Section I—Contract Clauses

FAR 52.202-1 Definitions (JUL 2004) FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-5 Covenant Against Contingent Fees (APR 1984) FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) FAR 52.203-7 Anti-Kickback Procedures (JUL 1995) FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007) FAR 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) FAR 52.204-7 Central Contractor Registration (APR 2008) FAR 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006) FAR 52.211-18 Variation in Estimated Quantity (APR 1984) FAR 52.215-2 Audit and Records - Negotiation (MAR 2009) FAR 52.219-3 Notice of Total HUBZone Set-Aside (JAN 1999) FAR 52.219-8 Utilization of Small Business Concerns (MAY 2004) FAR 52.219-14 Limitations on Subcontracting (DEC 1996) FAR 52.222-3 Convict Labor (JUN 2003) FAR 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation (JUL 2005) FAR 52.222-6 Davis-Bacon Act (JUL 2005) FAR 52.222-7 Withholding of Funds (FEB 1988) FAR 52.222-8 Payrolls and Basic Records (FEB 1988) FAR 52.222-9 Apprentices and Trainees (JUL 2005) FAR 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) FAR 52.222-11 Subcontracts (Labor Standards) (JUL 2005) FAR 52.222-12 Contract Termination - Debarment (FEB 1988) FAR 52.222-14 Disputes Concerning Labor Standards (FEB 1988) FAR 52.222-15 Certification of Eligibility (FEB 1988) FAR 52.222-21 Prohibition of Segregated Facilities (FEB 1999) FAR 52.222-26 Equal Opportunity (MAR 2007) FAR 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) FAR 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) FAR 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) FAR 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) FAR 52.222-50 Combating Trafficking in Persons (FEB 2009) FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (DEC 2007) FAR 52.223-6 Drug-Free Workplace (MAY 2001) FAR 52.223-14 Toxic Chemical Release Reporting (AUG 2003) FAR 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) FAR 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) FAR 52.227-1 Authorization and Consent (DEC 2007) FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) FAR 52.227-4 Patent Indemnity--Construction Contracts (DEC 2007) FAR 52.228-2 Additional Bond Security (OCT 1997) FAR 52.228-11 Pledges of Assets (SEP 2009) FAR 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) FARR52.228-14 Irrevocable Letter of Credit (DEC 1999) FAR 52.228-15 Performance and Payment Bonds - Construction (NOV 2006) FAR 52.229-3 Federal, State, and Local Taxes (APR 2003) FAR 52.232-5 Payments under Fixed-Price Construction Contracts (SEP 2002) FAR 52.232-17 Interest (OCT 2008) FAR 52.232-23 Assignment of Claims (JAN 1986) FAR 52.232-27 Prompt Payment For Construction Contracts (OCT 2008) FAR 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003) FAR 52.233-1 Disputes (JUL 2002) FAR 52.233-3 Protest after Award (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.236-2 Differing Site Conditions (APR 1984) FAR 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) FAR 52.236-5 Material and Workmanship (APR 1984) FAR 52.236-6 Superintendence by the Contractor (APR 1984) FAR 52.236-7 Permits and Responsibilities (NOV 1991) FAR 52.236-8 Other Contracts (APR 1984) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) FAR 52.236-10 Operations and Storage Areas (APR 1984) FAR 52.236-11 Use and Possession Prior to Completion (APR 1984) FAR 52.236-12 Cleaning Up (APR 1984) FAR 52.236-13 Accident Prevention (NOV 1991) FAR 52.236-15 Schedules for Construction Contracts (APR 1984) FAR 52.236-17 Layout of Work (APR 1984) FAR 52.236-21 Specifications and Drawings for Construction (FEB 1997) FAR 52.236-26 Preconstruction Conference (FEB 1995) FAR 52.242-13 Bankruptcy (JUL 1995) FAR 52.243-4 Changes (JUN 2007) FAR 52.245-1 Government Property (JUN 2007) FAR 52.248-3 Value Engineering - Construction (SEP 2006) FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004) - Alternate I (SEP 1996) FAR 52.249-10 Default (Fixed-Price Construction) (APR 1984) FAR 52.253-1 Computer Generated Forms (JAN 1991)

AGAR 452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts (NOV 1996) AGAR 452.236-72 Use of Premises (NOV 1996) AGAR 452.236-73 Archaeological or Historic Sites (FEB 1988) AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) AGAR 452.236-76 Samples and Certificates (FEB 1988) AGAR 452.236-77 Emergency Response (NOV 1996)

I-2 FAR 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.

I-3 FAR 52.204-11 American Recovery and Reinvestment Act--Reporting Requirements (MAR 2009)

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

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

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

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

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

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

(1) Salary and bonus.

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

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

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

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

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

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

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

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

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

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

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

(4) Program or project title, if any.

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

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

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

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

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

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

(i) In the Contractor's preceding fiscal year, the Contractor received--

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

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

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

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

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

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

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

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

(vi) Funding agency.

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

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

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

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

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

(A) In the subcontractor's preceding fiscal year, the subcontractor received--

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

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

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

I-4 FAR 52.219-28 Post-Award Small Business Program Rerepresentation (APR 2009)

(a) Definitions. As used in this clause -

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

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

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

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

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

(3) For long-term contracts -

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

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

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

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

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

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

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

The Contractor represents that it ___ is, ___ is not a small business concern under NAICS Code _____ assigned to contract number _____. (Contractor to sign and date and insert authorized signer's name and title).

I-5 FAR 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004)

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

United States 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) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs.

Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to--

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that--

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall--

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department's Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

I-6 FAR 52.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials (MAR 2009)

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

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

"Domestic construction material" means--

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States.

"Foreign construction material" means a construction material other than a domestic construction material.

"Manufactured construction material" means any construction material that is not unmanufactured construction material.

"Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.

"United States" means the 50 States, the District of Columbia, and outlying areas.

"Unmanufactured construction material" means raw material brought to the construction site for incorporation into the building or work that has not been--

(1) Processed into a specific form and shape; or

(2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials.

(b) Domestic preference. (1) This clause implements--

(i) Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by requiring, unless an exception applies, that all iron, steel, and other manufactured goods used as construction material in the project are produced in the United States; and

(ii) The Buy American Act (41 U.S.C. 10a-10d) by providing a preference for unmanufactured domestic construction material.

(2) The Contractor shall use only domestic construction material in performing this contract, except as…