AG-82B1-S-10-0039.doc

AG-82B1-S-10-0039

5Supplies or Services and Prices/Costs Schedule of Items

5Description/specifications/Statement of Work

12452.211-72 Statement of Work/Specifications. (FEB 1988)

12452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

12Packaging and Marking

12Inspection and Acceptance

13Deliveries or Performance

1352.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

1352.242-14 Suspension of Work. (APR 1984)

13452.236-75 Maximum Workweek - Construction Schedule. (NOV 1996)

14Contract Administration Data

14Special Contract Requirements

1452.204-11 American Recovery and Reinvestment Act--Reporting Requirements. (MAR 2009)

1752.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials. (MAR 2009)

24452.236-77 Emergency Response. (NOV 1996)

24Contract Clauses

2452.204-7 Central Contractor Registration. (APR 2008)

2752.214-29 Order of Precedence - Sealed Bidding. (JAN 1986)

2752.222-5 Davis-Bacon Act--Secondary Site of the Work. (JUL 2005)

2852.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees. (DEC 2004)

3152.225-9 Buy American Act - Construction Materials. (FEB 2009)

3352.228-1 Bid Guarantee. (SEP 1996)

3552.236-1 Performance of Work by the Contractor. (SEP 2006)

3552.236-8 Other Contracts. (APR 1984)

3652.244-6 Subcontracts for Commercial Items. (AUG 2009)

3752.245-2 Government Property Installation Operation Services. (JUN 2007)

3752.252-2 Clauses Incorporated by Reference. (FEB 1998)

38452.228-70 Alternative Forms of Security. (NOV 1996)

38List of Documents, Exhibits, and Other Attachments

38Representations, Certifications, and Other Statements of Offerors or Respondents

3852.204-8 Annual Representations and Certifications. (FEB 2009)

4252.209-5 Certification Regarding Responsibility Matters. (DEC 2008)

4452.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. (JUL 2005)

4552.219-28 Post-Award Small Business Program Rerepresentation. (APR 2009)

4652.223-1 Biobased Product Certification. (DEC 2007)

4652.223-13 Certification of Toxic Chemical Release Reporting. (AUG 2003)

47452.219-70 Size Standard and NAICS Code Information. (SEP 2001)

47Instructions, Conditions, and Notices to Offerors or Respondents

4728.102 Performance and payment bonds and alternative payment protections for construction contracts.

4852.216-1 Type of Contract. (APR 1984)

4852.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999)

4952.225-10 Notice of Buy American Act Requirement - Construction Materials. (FEB 2009)

5052.233-2 Service of Protest. (SEP 2006)

5052.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

50Evaluation Factors for Award

5114.101 Elements of sealed bidding.

5152.214-19 Contract Award - Sealed Bidding - Construction. (AUG 1996)

Supplies or Services and Prices/Costs Schedule of Items

TOTAL

Description/specifications/Statement of Work

CARSON ROAD REHABILITATION -Humboldt-Toiyabe National Forest, Carson Ranger District

SUMMARY OF WORK:

This contract is to rehabilitate specific roads to make them inaccessible to motorized travel. The rehabilitation activity will include the delivery and placement of rock barriers for road closures and the construction of surface drainage features at intervals to intercept and dissipate surface runoff to minimize erosion. The Contractor is responsible for providing all labor, materials, equipment and transportation, to perform the work in accordance with the drawings and specifications. Seed mixes will be provided by the Government.

Work shall consist of establishing road closures using rock barriers, minimizing the effects of surface runoff in disturbed work areas, and re-establishing vegetation with specified seed mixes. The principle work activities include, but are not limited to:

· Ripping established roadbeds;

· Constructing angled water bars or rolling dips;

· Providing and installing boulder barriers;

· Providing and seeding disturbed areas;

PART 1 GENERAL

1.01 INTENT OF CONTRACT

A. The intent of the contract is to put specified roads into a condition that eliminates motorized travel and minimizes erosion from surface runoff. Unless otherwise provided, the Contractor must furnish all labor, materials, equipment, tools, transportation, supplies, and perform all work required to complete the project in conformance with the drawings, specifications, and provisions of this contract.

B. Sections of Division 1- General requirements govern the execution of the work of all sections or the specifications.

1.02 DRAWINGS

A. Contract drawings and specifications form a part of this contract. See attached drawings.

· Water Bars and Rolling Dips

· Rock Barriers

1.03 LOCATION OF WORK

A. The location of work includes Washoe County (Nevada) and Sierra County (California). See attached maps.

1.04 DESCRIPTION OF WORK

A. Work shall consist of ripping roads, restoring drainage and re-establishing vegetation. Principle features of work to be performed include, but not limited to:

· Ripping established roadbed;

· Installing water bars;

· Installing boulder barriers;

· Seeding disturbed areas;

RIPPING:

This work shall consist of disturbing the surface of existing roadway (including turnouts and landings) by ripping or loosening the roadbed with equipment meeting the requirements below. The roadways are user created routes (not engineered or maintained) on native material and natural terrain.

A. Requirements:

· The full width of specified routes (generally 8-14 feet) must be scarified and loosened to a depth of at least 4 inches unless bed rock prevents ripping. The design of the shank will be such that the treated soils are slightly lifted and fractured rather than plowed, mixed or displaced.

· Ripping shall be performed in a manner that equipment will not be driven back over the areas causing re-compaction of the soil. Where excavated material will be placed on the roadbed, the area shall be ripped prior to placement of material. Water bars and rolling dips will be constructed during the ripping activity to prevent re-compaction of the ripped areas.

INSTALLING WATERBARS AND ROLLING DIPS:

· These structures will be constructed with native material and shall be shaped and angled as shown on the drawings. They shall be placed at specified intervals shown in the following table to minimize the effects of surface runoff. The structures shall be angled to drain to naturally armored features or resistant vegetation where available.

ROCK BARRIERS:

This item shall consist of collecting, hauling, and placing barrier rocks. They shall be placed and installed in conformity with the details as shown on the drawings at the locations staked by the Contracting Officer, (CO).

Specifications:

· Place boulders at locations that take advantage of other natural features that will prevent vehicle bypass.

· Boulder placement at the closure should originate & terminate 12 feet outside the roadway and result in an effective barrier to prevent motorized travel.

· Boulder spacing shall be 36-40 inches measured face to face.

· Boulders shall be placed in excavated craters so that approximately 1/3 of the boulder is underground. At least 50 percent to 70 percent of the boulders shall be visible when work is complete. The exposed surfaces must be relatively smooth (no sharp jagged edges), sound, hard, and free of laminations, fractures, or other structural defects. They shall be of such quality that they will not degrade from exposure to water or weathering.

· Boulders must be durable, un-fractured rock and 36 inches diameter (minimum dimension).

· All excavated material 3 inches and smaller shall be used for backfill of barrier rock. All material not suitable for backfill will be stockpiled and disposed of properly and not within the National Forest.

· Accepted separated backfill material used in placing the barrier rock shall be placed by hand and compacted with a minimum of three passes of an approved mechanical tamper.

· After the barrier rocks have been placed and the backfill completed, the general area shall be cleaned up by removing all debris and material not utilized.

SEEDING:

· All ripped sections of road and areas disturbed by work activities shall be seeded; including, but not limited to; cut and fill slopes, areas of obliteration, staging areas, trenching areas, and waste areas.

· Seeding will be completed immediately after ripping in the fall (Sept 1 – Dec.1) or spring (March 1 - June 1).

· All seed will be furnished by the Government in bags or containers clearly labeled to show the seed name, the lot number, net weight, origin, the percentage of weed seed content and germination, pounds of pure live seed (PLS) of each seed species, and the total pounds of PLS in the container.

· All brands shall be free from such noxious weeds such as Russian or Canadian Thistle, European Bindweed, Johnson grass, and Leafy Spurge. Seed, which has become wet, moldy or damaged in transit or in storage, shall not be acceptable.

· Application rate will be determined by CO once seed mix is determined by the Government.

Task 1,2,3 Keystone, Hoge, and Viewpoint: Access from North Virginia Street/Hoge Road Trailhead, Reno Nevada

From Reno, Nevada take Interstate 80 west and take the Virginia Street exit. Follow north, past the University of Nevada Reno, crossing West McCarran. Continue past Parr Blvd and the Bonanza casino. Just past the Bonanza turn left onto Hoge Road. Follow Hoge Road to the National Forest Boundary. T20N R19E Section 28, 29, 32, 33.

Keystone Boundary: Install rock barriers (boulders) at points depicted on map to the above specifications. Place boulders at both ends of route to prevent motor vehicles entry. Rip, water-bar and seed route to above specifications and drawings between both entry points.

Keystone Viewpoint: Install rock barriers (boulders) at point depicted on map to the above specifications, install approximately 200 feet of rock barrier to reinforce existing berm.

Forest Road 41662A and 41653E: Install rock barriers (boulders) at points depicted on map to the above specifications. Rip, water-bar and seed to the above specifications and drawings.

Total Barriers Sites: 7

Estimated number of boulders: 42

Miles Decommissioned: 3.05

Distance ripped and seeded: Approximately 2 miles

Task 4 Horizon Hills Trailhead- Access from North Virginia Street, Reno Nevada

From Reno Nevada, take Interstate 80 westbound and take the Virginia Street exit and turn north. Pass the University of Nevada, Reno. Cross West McCarran and continue past Parr Blvd and the Bonanza Casino. Continue on North Virginia Street, turning left at the traffic light before entering Highway 395 northbound. Continue on North Virginia Street and turn left on Seneca, continue and turn left on Kiowa Way. The Forest Boundary is near the end of the pavement. T20N R19E Section 17,18, 20.

Forest Road P1: Install rock barriers (boulders) at points depicted on map to the above specifications. Rip, waterbar and seed to the above specifications. Water bars will need to be installed on hill climbs.

Forest Road P2: Install rock barriers (boulders) at points depicted on map to the above specifications. Rip, waterbar and seed to the above specifications.

Forest Road P3: Install rock barriers (boulders) at points depicted on map to the above specifications. Rip, waterbar and seed to the above specifications.

Forest Road 41644: Install rock barriers (boulders) at points depicted on map to the above specifications. Rip, waterbar and seed to the above specifications.

Total Barrier Sites: 18

Estimated Number of Boulders: 108

Miles Decommissioned: 3.84

Distance ripped and seeded: 9000 ft.

Task 5 Peavine Peak- Access from Peavine Peak Road/Stead Trailhead, Reno Nevada

From Reno Nevada, take Interstate 80 westbound and take the Virginia Street exit and turn north. Pass the University of Nevada, Reno. Cross West McCarran and continue past Parr Blvd and the Bonanza Casino. Continue on North Virginia Street, turning left at the traffic light before entering Highway 395 northbound. Continue on North Virginia Street for approximately 5-7 miles and turn left on Peavine Road, there is a blue house on the corner. Continue over the railroad tracks and up the Peavine Peak Road. The sites for decommissioning are below Peavine Peak. T20N R18E Section 21, 22, 27.

Forest Road 41419A: Install rock barriers (boulders) at points depicted on map to the above specifications. Rip, waterbar and seed complete length of route and hillclimb to the above specifications and drawings.

Forest Road 41419B: Install rock barriers (boulders) at points depicted on map to the above specifications. Rip, waterbar and seed complete length of all routes to the above specifications and drawings.

Forest Road 41419C: Install rock barriers (boulders) at points depicted on map to the above specifications. Rip, waterbar and seed complete length of route and hill climb to the above specifications and drawings.

Forest Road 41419F: Install rock barriers (boulders) at points depicted on map to the above specifications. Rip, waterbar and seed complete length of all routes to the above specifications and drawings.

Aspen Barrier: Install rock barriers (boulders) at points depicted on map to the above specifications to prevent vehicle use in the aspen stand.

Total Barrier Sites: 10

Estimated Number of Boulders: 60

Miles Decommissioned – 1.5

Distance ripped and seeded: 7900 ft.

Task 6 Dog Valley, Sierra County, California

Area is accessible from Bordertown or Verdi, Nevada. From Reno, Nevada take Hwy 395 north to the Bordertown Exit. Exit to the left and pass “bordertown casino/gas station”. Follow north onto dirt road, turning west cross railroad tracks and head south along frontage road, several ranches on west side. Continue to Forest Boundary along Dog Valley Road.

From Reno, take Interstate 80 westbound and take Verdi, exit. Follow through round about and through the town of Verdi. Go right on Bridge street, pass school and cross single lane bridge. Take a right on Henness Pass Road and follow to Forest Boundary. Enter Forest on Dog Valley Road. T20N R17E Section 10, 23, 24, 25, 32.

The following tasks are accessible from Dog Valley Road 31010, either from Bordertown or Verdi, Nevada. There are several tasks accessible from Forest Road 31002.

Forest Road DV039A: Place rock barriers (boulders) at points depicted on map by placing boulders above ground. Do Not Bury Boulders, Do Not Rip or Seed.

Forest Road DV042: Install rock barriers (boulders) at points depicted on map to the above specifications. Rip 300ft to the above specifications and drawings. Install water bars if needed.

Forest Road DV043: Install rock barriers at point depicted on map to the above specifications.

Forest Road 31005: Place rock barriers (boulders) at points depicted on map by placing boulders above ground. Do Not Bury Boulders, Do Not Rip or Seed.

Forest Road 31038: Install rock barriers at point depicted on map to the above specifications along meadow edge. No Seeding or Ripping.

Forest Road 31033: Install rock barriers at point depicted on map to the above specifications at the Crystal Mine. Install water bars to prevent erosion on hill climb.

Total Barrier Sites: 7

Estimated Number of Boulders: 42

Miles Decommissioned: 4.44

Distance ripped: 500 ft.

1.05 GENERAL SITE CONDITIONS

A. Steep terrain, clay soils and open terrain. Boulders are not evident at sites. Annual grasses and sagebrush is present on Peavine Mountain. A conifer forest and meadow habitat is present in Dog Valley.

B. Work locations require crossing private, county or municipal property and may require coordination with landowners, utilities, or local governments. All permits, coordination for transport and mobilization to work sites is the responsibility of the Contractor. Any damage to property or infrastructure during performance, mobilization and transport to worksites is the responsibility of the Contractor.

1.06 PROTECTION OF TREES AND SHRUBS

A. All work under this item shall be done in a manner that trees and large vegetation is no damaged.

B. All equipment, including the undercarriage must be thoroughly washed and inspected for noxious weeds prior to entering the National Forest.

1. 07 FOREST PROTECTION AND FIRE PREVENTION:

The provisions set forth below outline the channels of responsibility for fire prevention and suppression activities and establish an attack procedure for fires within the contract area. Cooperate with local fire prevention authorities in eliminating hazardous fire conditions and implement the following fire plan under the direction of the Engineer:

(a) Be responsible for:

1.

Informing personnel of the phone number of the nearest fire suppression agencies and posting the following numbers in all project vehicles:

Carson City Ranger District - (775) 882-2766

Minden Fire Dispatch ‑ (775) 883‑5995

USFS Forest Supervisor ‑ (775) 355-3501

Nevada Division of Forestry - (775) 883-3535

2.

Immediately reporting of all fires to the nearest fire suppression agency.

3.

Preventing all project personnel from setting open fires not a part of the contract work.

4.

Preventing the escape of fires caused directly or indirectly as a result of project operations and extinguishing these fires.

(b) Except for motor trucks, truck tractors, buses and passenger vehicles equipped with a maintained muffler, equip all hydro‑carbon fueled engines, both stationary and mobile, including motorcycles, with spark arresters that meet U.S. Forest Service Standards as specified in the Forest Service Spark Arrester Guide and maintain the spark arresters in good operating condition. Spark arresters are not required by the State Department of Forestry or the U.S. Forest Service on equipment powered by properly maintained exhaust‑driven turbo‑charged engines, or when equipped with scrubbers with properly maintained water levels.

The Forest Service Spark Arrester Guide is available at the Forest Supervisor's Office.

(c) Toilets shall have a metal receptacle, at least 150 mm (6 in.) in diameter by 200 mm (8 in.) deep, half‑filled with sand for ashes and discarded smokes, and within easy reach of anyone utilizing the facility.

(d) Equipment service areas, parking areas and gas and oil storage areas shall be located so that there is no flammable material within a radius of at least 15 m (50 ft.) of these areas. Small mobile or stationary engine sites shall be cleared of flammable material for a radius of at least 5 m (16 ft.) from the engine.

(e) Confine welding activity to cleared areas having a minimum radius of 3 m (10 ft.) measured from the place of welding.

(f) Keep work area clear of flammable material such as oily rags and waste, paper, cartons, and plastic waste. Prohibit use of glass bottles and jugs on contract operations.

(g) Furnish each piece of equipment with the following:

1.

One shovel, one axe or pulaski, and one fully charged fire extinguisher UL rated at 4 B:C or more on each truck, personnel vehicle tractor, grader or other heavy equipment, 2.

One shovel and one back‑pack 20 L ( 5 gal.) water‑filled tank with pump for each welder, 3.

One shovel or one chemical pressurized fire extinguisher, fully charged, for each gasoline‑powered tool, including but not limited to chain saws, soil augers, rock drills, etc. The required fire tools shall, at no time, be farther than 8 m (26 ft.) from the point of operation of the power tool.

4.

All shovels shall be size "O" or larger and shall be not less than 1.2 m (4 ft.) in length.

(h) Furnish a radio‑equipped pickup truck and driver for fire control during all working hours and as specified herein. Contact Mike Wilde, Carson Ranger District Fire Management, at (775) 884-8145 for fire season and training requirements.

1.

Equip truck with 10 shovels, 5 axes, 2 back‑pack 20 L (5 gal.) water‑filled tanks with pumps, or other fire tools substituted on a one to one basis at the option of the Contractor and approved by the Engineer.

2.

Equip truck with a 380 L (100 gal.) tank of water with a gasoline motor powered pump and 30 m (100 ft.) of 19 mm (3/4 in.) hose on a reel.

3.

In addition to being available at the site of the work, the truck and operator shall patrol the area of construction for not less than one‑half hour after the shutdown of the work.

(I) Be aware of the Fire Index and conform to the following:

The Wild Land Fire Danger Rating System established by the United States Forest Service is designed to estimate the relative effect of weather on the several aspects of fire behavior, such as spread, intensity, and ignition.

The combination of these effects makes up the Fire Index, the severity of which is as follows:

LOW MEDIUM HIGH VERY HIGH EXTREME

Obtain the Predicted Fire Index for the following day at telephone number (775) 882-2766, Carson City Ranger District. A review of the Actual Fire Index will be made daily. If the Actual Fire Index exceeds the Predicted Fire Index given the previous day, the Contractor will be notified if work activity is to be curtailed based on the Actual Fire Index.

When the Fire Index reaches "High", the following conditions will prevail:

1.

All falling snags shall be discontinued. Recently killed or dead trees (such as bug trees) are not considered snags; the felling of these may continue as determined by the Engineer.

When the Fire Index reaches "Very High", the following precautions shall be taken in addition to the conditions specified above:

1.

All falling of dead trees shall be discontinued from 11:00 am until 8:00 pm (local time).

2.

No open burning will be permitted; all fires shall be extinguished.

3.

All welding shall be discontinued except in an enclosed building or within an area cleared of all flammable material for a radius of 5 m (16 ft.).

4.

All blasting shall be discontinued, unless the area has been previously cleared from all flammable materials.

5.

Smoking will be permitted only in automobiles and cabs of trucks equipped with an ashtray or in cleared areas immediately surrounded by a fire break, unless prohibited by other authority.

6.

Except in case of emergency, vehicular travel will be restricted to cleared areas or areas which have been pre-wetted and are accessible by pressurized water hose or pressurized water tank.

7.

In areas not cleared for a radius of 5 m (16 ft) pre-wet the area before beginning operations. Maintain the area in a wet condition and provide one lookout with fire fighting equipment.

8.

The Contractor will be required to furnish a water tank truck or trailer. Water tank truck or trailer may be used for other work on the contract.

When the Fire Index reaches "Extreme", the following precautions shall be taken in addition to the conditions specified above:

1.

Any work of a nature which could start a fire shall require that properly equipped fire guard(s) be assigned to such an operation for the duration of the work.

2.

Smoking will be permitted only in automobiles and truck cabs equipped with an ashtray, unless prohibited by other authority.

3.

No welding, burning or blasting of any kind shall be permitted unless it is in an enclosed building or within an area cleared of all flammable material for a radius of 10 m (32 ft.).

4.

In areas not cleared for a radius of 10 m (32 ft) pre-wet the area before beginning operations. Maintain the area in a wet condition and provide lookout with fire fighting equipment.

5.

During the time frame designated as Red Flag Warning, no welding, unless it is in an enclosed building or within an area cleared of all flammable material for a radius of 30 m (96 ft) and accompanied by an available water source, burning or blasting shall be permitted. At project access points provide a sign to notify workers of the time the restriction becomes effective.

If field and weather conditions become such that the determination of the Fire Index is suspended, the provisions under items "(h)" and "(I)" of this Section will not be enforced for the period of the suspension of the determination of the Fire Index. The Engineer will notify the Contractor of the dates of the suspension and resumption of the determination of the Fire Index.

Full compensation for conforming to the provisions herein shall be considered as included in the contract prices paid for the various items of work and no separate payment will be made therefore.

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)

Packaging and Marking

Inspection and Acceptance

52.246-12 Inspection of Construction. (APR 1996)

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 120 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 [*] The time stated for completion shall include final cleanup of the premises.

notice to proceed, or a calendar date.

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 5 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)

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)

Special Contract Requirements

ARRA Signs are required for this effort (See Section J) and are not separately priced (should be included in the total cost).

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. (AUG 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, Taiwan, 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.