AG-82B1-S-09-0066.doc

AG-82B1-S-09-0066

3Section B Supplies or Services and Prices/Costs Schedule of Items

4Section C Description/specifications/Statement of Work

5C.2 Project Location

6FP-03 107

Legal Relations and Responsibility To the Public

6FSSS 107

Legal Relations and Responsibility To the Public

6FSSS 108

Prosecution and Progress

6FP-03 109

Measurement and Payment

6FSSS 109

Measurement and Payment

6FP-03 154

Contractor Sampling and Testing

6FSSS 154

Contractor Sampling and Testing

6FSSS 272

Geocell Abutment Stabilization

6FSSS 322

Minor Aggregate Courses

6FP-03 404

Minor Hot Asphalt Concrete

6FSSS 404

Minor Hot Asphlat Concrete

7C.5 452.211-72 Statement of Work/Specifications. (FEB 1988)

7452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

7Section D Packaging and Marking

7Section E Inspection and Acceptance

7Section F Deliveries or Performance

852.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

852.242-14 Suspension of Work. (APR 1984)

9452.236-75 Maximum Workweek - Construction Schedule. (NOV 1996)

9Section G Contract Administration Data

9Section H Special Contract Requirements

1152.204-11 American Recovery and Reinvestment Act--Reporting Requirements. (MAR 2009)

1452.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials. (MAR 2009)

20452.236-77 Emergency Response. (NOV 1996)

21Section I Contract Clauses

2152.204-7 Central Contractor Registration. (APR 2008)

2452.214-29 Order of Precedence - Sealed Bidding. (JAN 1986)

2452.222-5 Davis-Bacon Act--Secondary Site of the Work. (JUL 2005)

2552.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees. (DEC 2004)

2752.225-9 Buy American Act - Construction Materials. (FEB 2009)

3052.228-1 Bid Guarantee. (SEP 1996)

3152.236-1 Performance of Work by the Contractor. (SEP 2006)

3252.236-8 Other Contracts. (APR 1984)

3352.244-6 Subcontracts for Commercial Items. (MAR 2009)

3452.252-2 Clauses Incorporated by Reference. (FEB 1998)

34452.228-70 Alternative Forms of Security. (NOV 1996)

35Section J List of Documents, Exhibits, and Other Attachments

35Section K Representations, Certifications, and Other Statements of Offerors or Respondents

3552.204-8 Annual Representations and Certifications. (FEB 2009)

3852.209-5 Certification Regarding Responsibility Matters. (DEC 2008)

4052.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. (JUL 2005)

4252.219-28 Post-Award Small Business Program Rerepresentation. (APR 2009)

4352.223-1 Biobased Product Certification. (DEC 2007)

4352.223-13 Certification of Toxic Chemical Release Reporting. (AUG 2003)

44452.219-70 Size Standard and NAICS Code Information. (SEP 2001)

44Section L Instructions, Conditions, and Notices to Offerors or Respondents

4428.102 Performance and payment bonds and alternative payment protections for construction contracts.

4552.216-1 Type of Contract. (APR 1984)

4552.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999)

4652.225-10 Notice of Buy American Act Requirement - Construction Materials. (FEB 2009)

4752.233-2 Service of Protest. (SEP 2006)

4752.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

47Section M Evaluation Factors for Award

4714.101 Elements of sealed bidding.

4852.214-19 Contract Award - Sealed Bidding - Construction. (AUG 1996)

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

Silver Creek Bridge Replacement

Emmett Ranger District Boise National Forest Valley County, Idaho

B- 1 – BID SCHEDULE

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

Mobilization

Lump Sum

Soil Erosion & Pollution Control (Bridge No. 671E-1.1)

Lump Sum

Structure Excavation and Structural Backfill (Bridge No. 671E-1.1)

Lump Sum

0006*

Placed Riprap, Class 4 (Bridge No. 671E-1.1)

0007*

Soil Erosion & Pollution Control (Bridge No. 671E-1.8)

Lump Sum

Structure Excavation and Structural Backfill (Bridge No. 671E-1.8)

Lump Sum

0017*

Placed Riprap, Class 4 (Bridge No. 671E-1.8)

0018*

Soil Erosion & Pollution Control (Bridge No. 159-10.53)

Lump Sum

Structure Excavation and Structural Backfill (Bridge No. 159-10.53)

Lump Sum

0028*

Placed Riprap, Class 4 (Bridge No. 159-10.53)

Lump Sum

0030*

Note: * Next to an Item Number indicates that the quantity shown is a Contract Quantity per FP-03 Specification 109.02.

The offeror shall insert a quote in the Bid Schedule opposite each pay name listed in the Schedule. A quote is not to be tendered for any item not listed. All other items not listed are incidental to one of the items listed above.

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.

**ARRA signs are not to be separately priced but included in moblization costs; see section H and J for ARRA signage specs/requirements.

Section C Description/specifications/Statement of Work

C.1 Scope of Contract

The work shall consist of clearing; cofferdam construction; removal and disposal of three existing treated timber bridges; structure excavation and backfill; furnishing and installing two new treated structural timber substructures, furnishing and installing precast bridge bearing blocks; designing, furnishing, and installing three conconcrete superstructures; placing riprap; providing the associated soil erosion and pollution control; embankment and roadway construction; placing aggregate surfacing and bituminous wearing surface; waste material disposal; providing and installing construction warning (traffic control) signs; applying seed mix and mulch; and cleanup.

The Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and shall perform all work required to complete the project as shown on the plans, shown on the manufacturer’s shop drawings, and as described in the Standard Specifications (FP-03) and Forest Service Supplemental Specifications (FSSS).

C.2 Project Location

The project sites are located on the Emmett and Mountain Home Ranger Districts, Boise National Forest, Valley and Elmore Counties, Idaho.

The East Fork Fall Creek Site is on National Forest System Road(NFSR) #159 at Milepost 10.53. From Prairie, take NFSR #175 south for approximately 0.4 miles and turn left (east) on NFSR #128 continue east on NFSR #128 approximately 0.7 miles after it turns south turn left (east) on NFSR #159 and continue approximately 10.53 miles to the project site where the road crosses the East Fork of Fall Creek. Or from Fall Creek Lodge take NFSR #123 north approximately 4.5 miles to the junction with NFSR #128. At the junction turn left (north-east) on NFSR #128 and continue approximately 2 miles to the junction with NFSR #129. Turn right (north) on NFSR #129 continue approximately 2.7 miles to the junction with NFSR #159. Turn left (south-east) on NFSR #159 and continue approximately 0.2 miles to the project site where NFSR #159 crosses the East Fork of Fall Creek.

The Silver Creek Bridges are located on NFSR #671E at Mileposts 1.1 and 1.8. From Crouch take NFSR #698 north approximately 17.5 miles to the junction with NFSR #671. Turn right (north-east) on NFSR #671 and continue approximately 10.5 miles to the junction with NFSR #671E. Continue straight on NFSR #671E for approximately 1.1 and 1.8 miles respectively to the project sites where NFSR #671E crosses Silver Creek.

C.3 Between $250,000 and $500,000 C.4 List of Specifications

The Standard Specifications for this project are contained within the “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects” FP-03 U.S. Customary Units. Copies of this document are available on-line only at the Federal Highway Administration web site at http://www.wfl.fha.dot.gov/design/specs/fp03.htm in either Microsoft Word .doc or Adobe Acrobat .pdf format.

Supplemental Project Specifications included in full text in Section J of the contract amend, supplement, or replace the Standard Specifications.

Standard Specifications (FP-03) and Forest Service Supplemental Specifications (FSSS) contained in the following list are applicable to this contract. All specifications not included in the specification listing but referenced by listed specifications are applicable.

FP-03 101

Terms, Format, and Definitions

FSSS 101

Terms, Format, and Definitions

FSSS 102

Bid, Award, and Execution of Contract

FP-03 103

Scope of Work

FSSS 103

Scope of Work

FP-03 104

Control of Work

FSSS 104

Control of Work

FP-03 105

Control of Material

FSSS 105

Control of Material

FP-03 106

Acceptance of Work

FSSS 106

Acceptance of Work

FP-03 107

Legal Relations and Responsibility To the Public

FSSS 107

Legal Relations and Responsibility To the Public

FSSS 108

Prosecution and Progress

FP-03 109

Measurement and Payment

FSSS 109

Measurement and Payment

FP-03 151

Mobilization

FP-03

Contractor Quality Control

FSSS 153

Contractor Quality Control

FP-03 154

Contractor Sampling and Testing

FSSS 154

Contractor Sampling and Testing

FSSS 155

Schedules for Construction Contracts

FSSS 156

Public Traffic

FP-03 157

Soil Erosion Control

FSSS 157

Soil Erosion Control

FSSS 171

Weed Prevention

FP-03 201

Clearing and Grubbing

FSSS 201

Clearing and Grubbing

FP-03 203

Removal of Structures and Obstructions

FSSS 203

Removal of Structures and Obstructions

FP-03 204

Excavation and Embankment

FSSS 204

Excavation and Embankment

FP-03 208

Structure Excavation and Backfill For Selected Major Structures

FSSS 208

Structure Excavation and Backfill For Selected Major Structures

FP-03 251

Riprap

FSSS 251

Riprap

FSSS 272

Geocell Abutment Stabilization

FSSS 322

Minor Aggregate Courses

FP-03 404

Minor Hot Asphalt Concrete

FSSS 404

Minor Hot Asphlat Concrete

FP-03 552

Structural Concrete

FSSS 552

Structural Concrete

FP03 557

Timber Structures

FSSS 557

Timber Structures

FSSS 571

Prefabricated Bridges

FP-03 625

Turf Establishment

FSSS 625

Turf Establishment

FP-03 633

Permanent Traffic Control

FSSS 633

Permanent Traffic Control

FP-03 703

Aggregate

FSSS 703

Aggregate

FP-03 709

Reinforcing Steel and Wire Rope

FSSS 709

Reinforcing Steel and Wire Rope

FP-03 716

Material for Timber Structures

FSSS 716

Material for Timber Structures

FP-03 718

Traffic Signing and Marking Material

FSSS 718

Traffic Signing and Marking Material

FP-03 725

Miscellaneous Material

FSSS 725

Miscellaneous Material

FSSS 736

Geocell

NOTE: Bidders are cautioned to carefully review these Standard and Supplemental Project Specifications prior to submission of bids. All specifications in the “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects” FP-03 U.S. Customary Units are binding on the parties signing the contract, including any that may be omitted above.

C.5 452.211-72 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)

C.6 Technical Requirements

Specific construction drawings and Supplemental Project Specifications are included in Section J. All items shown or noted on plans, which are not specifically bid items, are considered indirect payment items, per FP-03, Section 109.05(b). The cost of furnishing and installing all indirect payment items will not be paid for separately, but shall be included in the unit price bid for other items unless noted otherwise.

C.7 Order of Precedence - Construction

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) Bid Schedule

(2) Representations and other instructions

(3) Contract clauses

(4) Other documents, exhibits, and attachments

(5) Forest Service Supplemental Specifications(FSSS)

(6) Standard Specifications(FP-03)

(7) (a) Plans, figured dimensions over scaled dimensions

(b) Plans, large scale contract plans over small scale contract plans

(c) Schedules on contract plans over any conflicting notations on contract plans

(8) Shop drawings

Section D Packaging and Marking

RESERVED

Section E Inspection and Acceptance

Periodic field inspections will be made by the Contracting Officer’s Representative (COR) or the COR's designated Inspector. Work not completed to contract standards shall be rejected and reworked without additional compensation to the Contractor.

52.246-12 Inspection of Construction. (APR 1996)

Section F Deliveries or Performance

Contract Time

National Forest System Road(NFSR) #671E is a secondary road used for recreation, commercial, and administrative activities on the Emmett Ranger District. It is classified as Maintenance Level 2, which is open for public or permitted use by prudent drivers in standard passenger cars. NFSR #671E accesses several trailheads. NFSR #159 is a Maintenance Level 3 road used for recreation, commercial, and administrative activities on the Mountain Home Ranger District. NFSR #159 accesses trailheads, lookouts, and is the most direct route between Prairie and the northern portion of Anderson Ranch Reservoir.

Currently NFSR #159 and NFSR #671E are open at the bridge sites. Maximum road closure time is limited to 21 days at each location. In-stream work is only permitted during low flow periods. Work on the NFSR #671E shall commence after Labor Day, September 6, 2010 and shall be completed by the opening of the general deer hunting season, October 10, 2010. Work on the NFSR #159 shall be completed by the opening of the general deer hunting season, October 10, 2010. In-stream work shall be limited to a maximum of fourteen (14) consecutive days at all bridge locations.

No on-site work will be permitted during 2009. All work must be completed by October 10, 2010.

ESTIMATED START DATE

CONTRACT TIME

September 30, 2009

375 Calendar Days

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 375 calendar days 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

G.1 Government Furnished Property

No government furnished property.

G.2 Measurement

Units of measurement shall be as indicated in the Schedules of Items.

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

H.1 AGAR 452.237.74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project Manager.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the person being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H.2 Construction Staking

The Forest Service will provide the initial stakeout of the project. The staking will include three control points, benchmarks, footing centerlines, and road alignment. It is the Contractor’s responsibility to perform any further staking, surveying, and control as required once construction has commenced.

H.3 Fish Removal

The Forest Service will be responsible for removing any fish that become stranded during the stream diversion process. Provide the Contracting Officer at least 96 hours notice prior to diverting the stream so appropriate personnel can be on site to deal with the fish.

H.4 Storage of fuel and other toxicants within Riparian Conservation Areas (RCA – within 300 feet of live stream)

Storage of fuel and other toxicants within Riparian Conservation Areas (RCA – within 300 feet of live streams) is prohibited. Refueling of equipment may be done within the RCA only at locations approved by the Contracting Officer. A Spill Prevention & Containment Plan is required and shall be submitted to the Contracting Officer for approval prior to beginning construction. A sample plan form is available and can be obtained at the Pre-Work Meeting. A spill containment kit shall be available on site that is to accommodate potential spills from the equipment used during construction.

H.5 Pumps

All pumps used for drafting must be outfitted with a suction screen that has a maximum opening size of 3/32”. Locate water drafting sites at a location approved by the Contracting Officer. Centrifugal pumps used for removing water from structure excavation shall sit in a secondary spill container with sufficient capacity to contain the quantity of fuel in the pump fuel tank. If pumping of the footing excavations is required, divert the discharge water to an approved location.

H.6 Fords

The Contractor shall minimize the use of ford crossings and the associated clearing required to construct a ford. The Contractor shall determine a logical plan of operations on how best to mobilize equipment, materials, and fill while minimizing the number of trips across the stream at a ford.

H.7 Technical Requirements

The Forest Service will obtain 404 Stream Channel Alteration Permits from the U.S. Army Corps of Engineers and the Idaho Department of Water Resources. The permits are required to discharge fill material into streams, including placement of rock, dirt, or sand necessary for the construction of the new structure. Copies of the permits will be made available to the Contractor at the time of the Contract award.

H.8 Project Signs Install ARRA (American Recovery and Reinvestment Act) sign prior to the commencement of work. The sign location will be designated by the COR. Sign to be removed and disposed of off federal lands by the contractor after final inspection. Payment will be incidental to other contract items shown on the Schedule of Items. See Section J5 for sign details.

Carefully remove, without damage, any existing signs that interfere with the construction work. Replace them in their original location as directed by the CO.

See the Forest Service Supplemental Specifications for requirements for Equipment Cleaning; Erosion Control Plan; and Dewatering Plan.

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 [ ]

Domest…