AG-82B1-S-09-0064.doc

AG-82B1-S-09-0064

2Section B Supplies or Services and Prices/Costs Schedule of Items

2Section C Description/specifications/Statement of Work

6452.211-72 Statement of Work/Specifications. (FEB 1988)

6452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

7Section D Packaging and Marking

7Section E Inspection and Acceptance

7Section F Deliveries or Performance

752.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

752.242-14 Suspension of Work. (APR 1984)

7452.236-75 Maximum Workweek - Construction Schedule. (NOV 1996)

8Section G Contract Administration Data

8Section H Special Contract Requirements

852.204-11 American Recovery and Reinvestment Act--Reporting Requirements. (MAR 2009)

1152.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials. (MAR 2009)

18452.236-77 Emergency Response. (NOV 1996)

18Section I Contract Clauses

1952.204-7 Central Contractor Registration. (APR 2008)

2152.214-29 Order of Precedence - Sealed Bidding. (JAN 1986)

2252.222-5 Davis-Bacon Act--Secondary Site of the Work. (JUL 2005)

2252.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees. (DEC 2004)

2552.225-9 Buy American Act - Construction Materials. (FEB 2009)

2852.228-1 Bid Guarantee. (SEP 1996)

2952.236-1 Performance of Work by the Contractor. (SEP 2006)

2952.236-8 Other Contracts. (APR 1984)

3052.244-6 Subcontracts for Commercial Items. (MAR 2009)

3152.252-2 Clauses Incorporated by Reference. (FEB 1998)

32452.228-70 Alternative Forms of Security. (NOV 1996)

32Section J List of Documents, Exhibits, and Other Attachments

32Section K Representations, Certifications, and Other Statements of Offerors or Respondents

3252.204-8 Annual Representations and Certifications. (FEB 2009)

3652.209-5 Certification Regarding Responsibility Matters. (DEC 2008)

3852.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. (JUL 2005)

3952.219-28 Post-Award Small Business Program Rerepresentation. (APR 2009)

4052.223-13 Certification of Toxic Chemical Release Reporting. (AUG 2003)

41452.219-70 Size Standard and NAICS Code Information. (SEP 2001)

41Section L Instructions, Conditions, and Notices to Offerors or Respondents

4128.102 Performance and payment bonds and alternative payment protections for construction contracts.

4252.216-1 Type of Contract. (APR 1984)

4252.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999)

4352.225-10 Notice of Buy American Act Requirement - Construction Materials. (FEB 2009)

4452.233-2 Service of Protest. (SEP 2006)

4452.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

44Section M Evaluation Factors for Award

4414.101 Elements of sealed bidding.

4552.214-19 Contract Award - Sealed Bidding - Construction. (AUG 1996)

Section B Supplies or Services and Prices/Costs Schedule of Items

BIG ONE BRIDGE REPAIR

Coeur d’Alene River Ranger District

Idaho Panhandle National Forests

Kootenai and Shoshone Counties, Idaho

B- 1 - SCHEDULE OF ITEMS

ITEM

NO.

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

(Big Elk Creek, 422-8.2)

TOTAL (ALL ITEMS)

.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 15101 Mobilization.

Section C Description/specifications/Statement of Work

C- 1 - PROJECT DESCRIPTION AND LOCATION

(a) - Description of Work. The following are brief descriptions of bridge repair.

Leiberg Creek Bridge (812-9.7): Remove existing railings. Clean deck surface in such a manner that unsuitable material does not enter the stream. Replace existing curbs with new curbs. Replace existing running planks with new running planks. Replace existing wingwall posts with new wingwall posts. Replace existing wingwall post extensions with new wingwall post extensions. Replace existing 3” x 12” treated planks with new 3” x 12” planks. Install riprap at designated locations. Replace existing object markers and posts with new object markers (Government furnished) and steel U-Channel posts (Contractor furnished). Bevel cut tops of designated posts and treat with wood preservative. Recondition bridge approaches, add aggregate and grade. Legal description: T.51N. R.1E. Section 28, Latitude 47°44.338’, Longitude 116°21.049’.

Big Elk Creek Bridge (422-8.2): Remove existing railings. Clean deck surface in such a manner that unsuitable material does not enter the stream. Replace existing curbs with new curbs. Bring raised sections of bridge deck to a level condition and replace existing running plates with new running planks. Install riprap at designated locations. Replace existing object markers and posts and replace with new object markers (Government furnished) and steel U-Channel posts (Contractor furnished). Bevel cut tops of designated posts and treat with wood preservative. Recondition bridge approaches, add aggregate and grade. Legal description: T.51N. R.1E. Section 2, Latitude 47°50.510’, Longitude 116°15.516’.

Tepee Creek Bridge (812-0.03): Remove existing railings. Clean deck surface in such a manner that unsuitable material does not enter the stream. Replace existing steel running plates with new wood running planks. Replace existing curbs with new curbs. Install riprap at designated locations. Replace existing object markers and posts with new object markers (Government furnished) and steel U-Channel posts (Contractor furnished). Bevel cut tops of designated posts and treat with wood preservative. Recondition bridge approaches, add aggregate and grade. Legal description: T.51N. R.1E. Section 1, Latitude 47°48.202’, Longitude 116°16.584’.

Tepee Creek Bridge (812-0.09): Clean deck surface in such a manner that unsuitable material does not enter the stream. Replace existing steel running plates with new wood running planks. Replace existing curbs with new curbs. Install riprap at designated locations. Replace existing object markers and posts and replace with new object markers (Government furnished) and steel U-Channel posts (Contractor furnished). Remove post and Tepee Creek sign fastened to the wingwall and place in a designated location. Bevel cut tops of designated posts and treat with wood preservative. Recondition bridge approaches, add aggregate and grade. Legal description: T.51N. R.1E. Section 1, Latitude 47°48.153’, Longitude 116°16.496’.

Tepee Creek Bridge (812-1.9): Clean deck surface in such a manner that unsuitable material does not enter the stream. Replace existing steel running plates with new wood running planks. Replace the existing curbs with new curbs. Install riprap at designated locations. Replace existing object markers and posts with new object markers (Government furnished) and steel U-Channel posts (Contractor furnished). Bevel cut tops of designated posts and treat with wood preservative. Recondition bridge approaches, add aggregate and grade. Remove large log from downstream side of bridge. Legal description: T.51N. R.1E. Section 12, Latitude 47°46.719’, Longitude 116°16.496’.

Halsey Creek Bridge (1514-0.1): Remove existing railing. Clean deck surface in such a manner that unsuitable material does not enter the stream. Remove existing wood running planks and replace with new wood running planks. Remove existing curbs and replace with new curbs. Replace existing object markers and posts with new object markers (Government furnished) and steel U-Channel posts (Contractor furnished). Recondition bridge approaches, add aggregate and grade. Legal description: T.52N. R.1E. Section 25, Latitude 47°49.453’, Longitude 116°16.023’.

Tepee Creek Bridge (265-0.2): Remove existing railing. Clean deck surface in such a manner that unsuitable material does not enter the stream. Remove existing curbs and replace with new curbs. Re-work existing riprap to eliminate scour as determined by the Contracting Officer. Replace existing object markers and posts with new object markers (Government furnished) and steel U-Channel posts (Contractor furnished). Recondition bridge approaches, add aggregate and grade. Legal description: T.52N. R.2E. Section 19, Latitude 47°50.277’, Longitude 116°15.220’.

Trail Creek Bridge (422-13.0): Clean deck surface in such a manner that unsuitable material does not enter the stream. Remove existing Type 3 object markers and posts and install new Type 2 object markers (Government furnished). Replace designated 5”x 8”x15” post block with a new treated wood post block (Contractor furnished). Legal description: T.52N. R.2E. Section 19, Latitude 47°50.510’, Longitude 116°15.516’.

Independence Creek Bridge (6310-3.6): Clean deck surface in such a manner that unsuitable material does not enter the stream. Clean bat guano from bridge abutments. Remove existing Type 3 object markers and install Type 2 object markers (Government furnished) Legal description: T.52N. R.2E. Section 4, Latitude 47°52.662’, Longitude 116°12.581’.

(b) - Project Location. The following are descriptions of the bridge locations.

Leiberg Creek Bridge (812-9.7): From the Coeur d’Alene River Ranger District travel East on County Road 108 for 5.8 miles where County Road 108 becomes Forest Road 268. Travel 5.0 miles on Forest Road 268 to its junction with Forest Road 612 at Fernan Saddle. Continue on Forest Road 612 for 10.9 miles to its junction with Forest Road 209. Turn right (South) and travel 5.1 miles to the junction of Forest Roads 209 and 422. Turn left (North) and travel 2.3 miles to the junction of Forest Roads 422 and 812 and the bridge location.

Big Elk Creek Bridge (422-8.2): From the Leiberg Creek Bridge (812-9.7) travel north on Forest Road 422 5.9 miles to the bridge location.

Tepee Creek Bridges (812-0.03, 0 0.9, 1.9): From the Big Elk Creek Bridge (422-8.2) travel North 1.6 miles to the junction of Forest Roads 422 and 812. Turn right (East) and travel 0.03, 0.09 and 1.9 miles to the locations of the bridges.

Halsey Creek Bridge (1514-0.1): From the junction of Forest Roads 422 and 812 travel North 1.7 miles to the junction of Forest Roads 422 and 1514. Turn right (East) and travel 0.1 miles to the bridge location.

Tepee Creek Bridge (265-0.2): From the junction of Forest Roads 422 and 1514 travel North 1.3 miles to the junction of Forest Roads 422 and 265. Turn right (East) and travel 0.2 miles to the bridge location.

Trail Creek Bridge (422-13.0): From the junction of Forest Roads 422 and 265 travel North 0.2 miles to the junction of Forest Roads 422, 534, and 6310 to the bridge location.

Independence Creek Bridge (6310-3.6): From the junction of Forest Roads 422, 534, and 6310 travel North 3.6 miles on Forest Road 6310 to the bridge location.

(c) – Period of Performance. This contract has a completion date of October 1, 2010. Work cannot begin until after July 15th of each calendar year.

C-2 - STANDARD SPECIFICATIONS. "FHWA FP-03 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS” are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this Solicitation and any resultant contract.

Copies of the "FHWA FP-03 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS" are available for download at the following URL:

http://www.wfl.fha.dot.gov/design/specs/fp03.htm.

The FP-03 U.S. Customary version is only available (for sale) through the Federal Lands Highway Headquarters office.

Headquarters Washington DC David K. Green Construction Standards Engineer Internet: david.green@fhwa.dot.gov Mail: Federal Highway Administration

HFPD-3

400 Seventh Street, SW Washington D.C. 20590

The following sections of “FHWA FP-03 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS” are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract.

The following Standard Specifications are applicable to this contract and are included by reference:

Spec No Title

PREFACE

Section 101 – Terms, Format, and Definitions

Section 102 – Bid, Award, and Execution of Contract

Section 103 – Scope of Work

Section 104 – Control of Work

Section 105 – Control of Material

Section 106 – Acceptance of Work

Section 107 – Legal Relations and Responsibility to the Public

Section 108 – Prosecution and Progress

Section 109 – Measurement and Payment

Section 151 – Mobilization

Section 155 – Schedules for Construction Contracts

Section 156 – Public Traffic

Section 157 – Soil Erosion Control

Section 201 – Clearing & Grubbing

Section 203 – Removal of Structures and Obstructions

Section 209 – Structure Excavation and Backfill

Section 251 – Riprap

Section 308 – Minor Crushed Aggregate

Section 552 – Structural Concrete

Section 557 – Timber Structures

Section 622 – Rental Equipment

Section 633 – Permanent Traffic Control

Section 635 – Temporay Traffic Control

Section 703 – Aggregate

Section 705 - Rock

Section 716 – Material for Timber Structures

Section 718 – Traffic Signing and Marking Material

C- 3 - SUPPLEMENTAL SPECIFICATIONS. The following Supplemental Specifications are applicable to this contract and are physically included in this section:

Spec No.

Title

FSSS – PREFACE

FSSS 101 – Terms, Format, and Definitions

FSSS 102 – Bid, Award, and Execution of Contract

FSSS 103 – Scope of Work

FSSS 104 – Control of Work

FSSS 105 – Control of Material

FSSS 106 – Acceptance of Work

FSSS 107 – Legal Relations and Responsibility to the Public

FSSS 108 – Prosecution and Progress

FSSS 109 – Measurement and Payment

FSSS 151 – Mobilization

FSSS 155 – Schedules for Construction Contracts

FSSS 156 – Public Traffic

FSSS 157 – Soil Erosion Control

FSSS 201 – Clearing and Grubbing

FSSS 203 – Removal of Structures and Obstructions

FSSS 209 – Structure Excavation and Backfill

FSSS 251 – Riprap

FSSS 308 – Minor Crushed Aggregate

FSSS 552 – Structural Concrete

FSSS 557 – Timber Structures

FSSS 622 – Rental Equipment

FSSS 633 – Permanent Traffic Control

FSSS 635 – Temporay Traffic Control

C- 4 - DRAWINGS

Description

Sheet(s)

Cover Sheet

Summary of Estimated Quantities

Sign Plan

Description of Work 4-6

Bridge Layout 7-13

General Notes

Running Plank Replacement Details

Curb Replacement Details

Riprap Replacement Details

Object Marker Replacement Details

Wingwall Post Replacement Details (Leiberg Creek Bridge 812-9.7)

Connection Details

C- 5 - STATEMENT OF WORK/SPECIFICATIONS (AGAR 452.211-72) (FEB 1988). The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

452.211-72 Statement of Work/Specifications. (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

(End of Clause)

452.211-73 Attachments to Statements 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.

(End of Clause)

Section D Packaging and Marking

RESERVED

Section E Inspection and Acceptance

52.246-12 Inspection of Construction. (APR 1996)

Section F Deliveries or Performance

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 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 October 1, 2010 The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.242-14 Suspension of Work. (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed -

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

(End of clause)

452.236-75 Maximum Workweek - Construction Schedule. (NOV 1996)

Within 10 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.

The maximum workweek that will be approved is to be coordinated with the COR and approved by the Contracting Officer. No work shall be performed under this contract on Federal Holidays.

(End of clause)

Section G Contract Administration Data

452.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at:

a location to be determined upon the scheduling of the conference after contract award.

(End of Clause)

Section H Special Contract Requirements

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.

(End of clause)

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 provided in paragraph (b)(3) and (b)(4) of this clause.

(3) This requirement does not apply to the construction material or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate "none"]

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that--

(i) The cost of domestic construction material would be unreasonable.

(A) The cost of domestic iron, steel, or other manufactured goods used as construction material is unreasonable when the cumulative cost of such material will increase the cost of the contract by more than 25 percent;

(B) The cost of unmanufactured construction material is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or

(iii) The application of the restriction of section 1605 of the Recovery Act or the Buy American Act to a particular construction material would be inconsistent with the public interest.

(c) Request for determination of inapplicability of Section 1605 of the Recovery Act or the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Cost;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(4) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this clause.

(iii) The cost of construction material shall include all delivery costs to the construction site and any applicable duty.

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to section 1605 of the Recovery Act or the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable cost of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to section 1605 of the Recovery Act or the Buy American Act applies, use of foreign construction material is noncompliant with section 1605 of the American Recovery and Reinvestment Act or the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Cost Comparison

Construction material description Quantity Unit of measure

Cost (dollars)*

Item 1:

Foreign construction material [ ]

Domestic construction material [ ]

Item 2:

Foreign construction material [ ]

Domestic construction material [ ]

(List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.)

(Include other applicable supporting information.)

(* Include all delivery costs to the construction site.)

(End of clause)

52.225-22 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials. (MAR 2009)

52.225-23 Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials under Trade Agreements. (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 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.

"Free trade agreement (FTA) country construction material" means a construction material that--

(1) Is wholly the growth, product, or manufacture of an FTA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in an FTA country into a new and different construction material distinct from the materials from which it was transformed.

"Least developed country construction material" means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

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

'Recovery Act designated country" means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, or United Kingdom);

(2) A Free Trade Agreement country (FTA)(Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore); or

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia).

"Recovery Act designated country construction material" means a construction material that is a WTO GPA country construction material, an FTA country construction material, or a least developed country 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.

"WTO GPA country construction material" means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials. (1) The restrictions of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) and the Buy American Act (41 U.S.C. 10a-10d) do not apply to Recovery Act designated country construction material. Consistent with U.S. obligations under international agreements, this clause implements--

(i) Section 1605 of the Recovery Act 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 by providing a preference for unmanufactured domestic construction material.

(2) The Contractor shall use only domestic or Recovery Act designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate "none".]

(4) The Contracting Officer may add other construction material to the list in paragraph (b)(3) of this clause if the Government determines that--

(i) The cost of domestic construction material would be unreasonable.

(A) The cost of domestic iron, steel, or other manufactured goods used as construction material is unreasonable when the cumulative cost of such material will increase the overall cost of the contract by more than 25 percent;

(B) The cost of unmanufactured construction material is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality; or

(iii) The application of the restriction of section 1605 of the Recovery Act or the Buy American Act to a particular construction material would be inconsistent with the public interest.

(c) Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Cost;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(4) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this clause.

(iii) The cost of construction material shall include all delivery costs to the construction site and any applicable duty.

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to section 1605 of the Recovery Act or the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable cost of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the section 1605 of the Recovery Act or the Buy American Act applies, use of foreign construction material other than that covered by trade agreements is noncompliant with the applicable Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Cost Comparison

Construction material description Quantity Unit of measure

Cost (dollars)*

Item 1:

Foreign construction material [ ]

Domestic construction material [ ]

Item 2:

Foreign construction material [ ]

Domestic construction material [ ]

(List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.)

(Include other applicable supporting information.)

(* Include all delivery costs to the construction site.)

(End of clause)

52.225-24 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials under Trade Agreements. (MAR 2009)

452.236-77 Emergency Response. (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitableadjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

(End of clause)

Section I Contract Clauses

52.202-1 Definitions. (JUL 2004)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)

52.203-7 Anti-Kickback Procedures. (JUL 1995)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (SEP 2007)

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

52.204-4 Printed or Copied Double-Sided on Recycled Paper. (AUG 2000)

52.204-7 Central Contractor Registration. (APR 2008)

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

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

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

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

"Registered in the CCR database" means that--

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

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

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

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

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

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

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

(ii…