AG-82B1-S-10-0132 Schedule.pdf

INTERMOUNTAIN EMERGENCY RECOVERY OPERATION CENTER

INSTRUCTIONS

ISSUING OFFICE: U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

INTERMOUNTAIN EROC

740 SIMMS STREET

GOLDEN, CO 80401

FAX (303) 275-5299

SOLICITATION NO.: AG-82B1-S-10-0132

OFFERS ARE SOLICITED FOR: SHORTCAKE HABITAT

IMPORTANT – NOTICE TO OFFEROR:

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE TO THIS

SOLICITATION:

1. SF-1442 Solicitation, Offer, and Award (Complete, date, and sign)

2. Section B – Schedule of Items (Page 6). (Complete Unit Price and Amount)

3. Section K – Representations and Certifications (Pages 58-67). (Complete the Representations and

Certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov)

4. Please ensure you complete all of the information for Section M.

5. Bid Guarantee – A bid guarantee is required.

6. Acknowledgement of Amendments IT IS REQUIRED THAT YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE.

Return to: USDA, Forest Service Intermountain EROC/ ATTN: PHYLLIS R. COBURN-HARRIEL 740 Simms Street Golden, CO 80401

REF SOL#: AG-82B1-S-10-0132

IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE CENTRAL CONTRACTOR

REGISTRATION DATABASE PRIOR TO AWARD UNDER THIS SOLICITATION. SEE CLAUSE

FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION FOR DETAILS ON HOW TO APPLY.

ALL SOLICITATIONS SHALL BE ISSUED THROUGH FEDBIZOPS. NO PAPER SOLICITATIONS SHALL BE

ISSUED. IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE

SOLICITATION, WHICH SHALL BE ISSUED ELECTRONICALLY THROUGH FEDBIZOPS

SHORTCAKE HABITAT SOL#: AG-821B1-S-10-0132

PART I – THE SCHEDULE

SECTION B – SERVICES AND PRICES

Shortcake Habitat Improvement

Coeur d’Alene River Ranger District Idaho Panhandle National Forests

Shoshone County, Idaho

ITEM

NO.

DESCRIPTION

METH

OF

MEAS.*

PAY

UNI

T

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

204(20)

Soil Erosion & Pollution Control

L.S.Q.

L.S.

205A(04)

Haul

601(01)

Mobilization

625(05)

Seeding, Dry Method (without mulch)

D.Q.

AC.

637(13)

Spyder Hoe

A.Q.

HR.

651(01)

Angled Step-Down (Government-furnished logs)

EA.

651(04)

Habitat Log

651(09)

Log Barb

EA

651(14)

V-Structure

TOTAL (ALL ITEMS)

PART I - THE SCHEDULE

SECTION C - DESCRIPTION AND SPECIFICATIONS

C- 1 - PROJECT DESCRIPTION AND LOCATION

(a) - Description of Work. This solicitation describes stream restoration work in Short

Creek. The work will consist of installing stream enhancement structures such as Angled Step-Downs, Habitat Logs, Log Barbs, and V-Structures. The Contractor shall furnish all labor, equipment, supervision, transportation, supplies, and incidentals (except government-furnished logs) to perform all work specified herein.

(b) – Project and Supplies Location. The project is located in Section 7, T.51N. R.2E.

From the Coeur d’Alene River Ranger District in Smelterville travel West on I-90 for 5 miles and exit at Kingston (Exit 43). Turn right and travel Northeast up the North Fork Coeur d’Alene River on FH9 for 23.1 miles to Prichard. At the Prichard “Y” turn left and travel 25.9 miles on Forest Road 208 to the junction of Forest Roads 208 and 6310. Continue on road 6310 for 7.3 miles to the junction of Forest Roads 6310 and 422. Travel 3.2 miles on Forest Road 422 to the junction of Forest Roads 422 and 812. Turn left (South) on Forest Road 812 and travel 1.1 miles to the junction of Forest Roads 812 and 6749. Turn left (East) and travel 0.8 miles to the project area.

Approximately 180 logs are located at the project area. Additional logs are located at Flat Creek, Sections 4, 5, T.51N. R.3 E. and Sections 32, 33, T.52N. R3E. of Shoshone County. From the Coeur d’Alene River Ranger District in Smelterville travel West on I-90 for 5 miles and exit at Kingston (Exit 43). Turn right and travel Northeast up the North Fork of the Coeur d’Alene River on FH9 for 23 miles to Prichard. At this junction turn left and continue on Forest Road 208 for 17.4 miles to the junction of Forest Roads 208 and 1518. Turn left (North) onto Forest Road 1518. The log decks are located along the first three miles. The gate on Forest Road 1518 will be required to be kept locked and closed at all times for public safety and big game security.

(c)- Price Range. Between $100,000 and $250,000

(d)- Pre-bid Meeting. No

Site information may be obtained from Wade Jerome, at the Coeur d’Alene River Ranger District (208) 783-2127 or Tammy Maiolie at (208) 769-3071.

(e)- Start Work. It is estimated this project will begin on or about July 15, 2010.

(f)- Period of Performance. 60 days

(g) – Resource Concerns.

1. Work in actively flowing Short Creek channel will only be allowed after July 15th, 2010

2. An approved spill containment kit will be required for each individual piece of machinery working in water or in the immediate vicinity of water. The spill containment kit must be adequate to contain the total amount fluids in each piece of machinery.

3. Refueling within the riparian area shall not be permitted unless a spill containment plan with refueling sites has been presented and accepted by the Contracting Officer.

4. Requirements and guidelines identified in the stream alteration permits shall become a part of this contract.

5. Submit a written erosion control plan that incorporates the following Forest Best Management Practices (BMP).

a) Protects and minimizes impacts to any water source, riparian vegetation, downstream resources, and beneficial water uses during and after construction operations.

b) Addresses average weather and extraordinary storm events through the preparation, installation and maintenance of temporary erosion control measures (culverts, berms, filter cloth, etc.) needed to control erosion. Ensures erosion control measures are stabilized, working effectively, and kept current with ground disturbance to the extent that the affected areas can be rapidly "closed" if weather conditions deteriorate. Areas must not be abandoned for the winter with remedial measures incomplete. Removal of temporary erosion control measures will be completed as soon as practical.

c) Minimizes or eliminates the discharge of sediment, organic matter, toxic materials, and other pollutants into any water source through timely implementation of erosion control measures.

d) Crossing, operating in, or operating near water sources will only be permitted at appropriate times and locations as agreed to and designated by the Contracting Officer.

Crossing locations shall not create unnecessary turbidity or water source disturbance and shall be done in compliance with the specifications included in the contract.

e) Carefully plans all in-channel excavations and diversions to minimize turbidity and downstream sedimentation.

f) Flow in stream courses may only be diverted if the Contracting Officer deems it necessary for the contractor to meet contractual specifications. Diverted flows shall be restored to the natural stream course as soon as practicable. Water sources impacted by construction activity will be restored to their natural grade, condition, and alignment.

C –2 – GOVERNMENT-FURNISHED PROPERTY. Logs and logs with rootwads.

Approximately 180 logs are decked at Short Creek. Haul approximately 480 logs from Forest Road 1518 (Flat Creek) to the project area. Do not buck the logs into shorter lengths before hauling. Logs should have a minimum length of 20 feet.

C - 3 - STANDARD SPECIFICATIONS. Forest Services Specifications for Construction of Roads & Bridges (April 1985) are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this Solicitation and any resultant contract.

Copies of the "Forest Service Specifications for Construction of Roads & Bridges" (April 1985) are available in loose leaf form from the Idaho Panhandle National Forests, 3815 Schreiber Way, Coeur d'Alene, Idaho 83815-8363 or by calling (208) 765-7234.

The following Standard Specifications are applicable to this contract and are physically included in this section as a convenience to Bidders who have the limited edition (“Forest Service Specifications for Construction of Roads & Minor Drainage Structures”, April 1985):

SPEC. No. Title Date Pages(s)

Section 637 Equipment Rental 4/1985 4

Section 637 – Equipment Rental

DESCRIPTION

637.01 This work shall consist of performing bulldozer, road grader, backhoe, end loader, Work and dump truck work on an equipment rental basis as directed by the Engineer through the contractor.

EQUIPMENT

637.02 Equipment rented under this section shall be furnished on a fully operated basis, Requirements of modern design, and in good operating condition, with a competent qualified operator. Exhaust stacks of all engines, except those exhaust-driven turbochargers, shall be equipped with spark arresters that will prevent the expulsion of sparks from the engine into the atmosphere. All equipment except dump trucks shall have rollover protective canopies.

637.03 (a) Large Crawler Tractor with Dozer.

Items of Equipment

(1) Engine flywheel horsepower (for torque converter models only), not less than 210 horsepower; or,

(2) Drawbar horsepower rating in first gear (for gear driven models), not less than 180 horsepower.

(3) Hydraulically controlled straight or angle blade dozer with standard blade, having a minimum lift above ground (blade straight) of 36 inches.

(4) The following shall be all heavy duty: full-length belly pan, engine guard, track roller guards, and radiator guard.

(5) Track pad grouser or cleats shall be at least 2 inches high.

(6) Rear-mounted winch, equipped with a minimum of 100 feet of 5/8 inch minimum diameter cable and two chokers, when listed in the SCHEDULE OFITEMS.

(7) Hydraulically controlled ripper with at least one shank and having a penetration capability of at least 25 inches, when listed in the SCHEDULE OF ITEMS.

(b) Small Crawler Tractor with Dozer.

(1) Engine flywheel horsepower (for torque converter models only), not less than 120 horsepower; or,

(2) Drawbar horsepower rating in first gear (for gear driven models), not less than 80 horsepower.

(3) Hydraulically controlled straight or angle blade dozer with standard blade, having a minimum lift above ground (blade straight) of 36 inches.

EM 7720-100LL, page 304 April, 1985

(4) The following shall be all heavy duty full-length belly pan, engine guard, track roller guards, and radiator guard.

(5) Track pad grouser or cleats shall be at least 1.75 inches high.

(6) Rear-mounted winch, equipped with a minimum of 100 feet of 1/2 inch cable and two chokers.

(c) Road Grader.

(1) The engine shall be rated at least 100 horsepower.

(2) Blade assembly dimensions shall be at least 12 feet by 24 inches by 0.75 inch.

(3) The grader shall also have:

a. An operating weight of at least 20,000 pounds.

b. A wheel base of at least 18 feet.

c. A tandem drive.

(d) Rubber-Tire End Loader.

(1) The engine shall be rated at least 100 horsepower.

(2) The minimum capacity of the end loader bucket shall be 2 cubic yards.

(3) The end loader shall be designed and the weight distributed so the machine is balanced when the bucket is full and raised.

(4) The machine shall be equipped with a standard heavy-duty radiator guard.

(e) Tractor Mounted Backhoe.

(1) Bucket width, 24 inches, with digging teeth.

(2) Rubber tired.

(3) Diesel engine with a minimum of 70 horsepower.

(4) Backhoe reach of 16 feet.

(f) Small Dump Truck.

(1) The engine shall be rated at least 150 brake horsepower.

(2) The dump box shall be at least 3 cubic yards struck capacity.

EM 7720-100LL, page 305 April, 1985

(g) Large Dump Truck.

(1) Minimum capacity of 10 cubic yards struck capacity.

(2) Tandem drive.

(3) Year of manufacture shall be 1975 or later.

(4) The engine shall be rated at least 185 brake horsepower.

(h) Large Crawler Loader.

(1) The engine shall be rated at least 125 horsepower.

(2) The minimum capacity of the end loader bucket shall be 2 cubic yards.

(3) The end loader shall be designed and the weight distributed so the machine is balanced when the bucket is full and raised.

(4) The following shall be all heavy duty: full-length belly pan, engine guard, track roller guard, and radiator guard.

(5) The track pad grouser or cleats shall be at least 3/4 inch high.

(6) The rear-mounted winch, shall be equipped with a minimum of 100 feet of 1/2 inch minimum diameter cable and two chokers, when listed in the SCHEDULE OF ITEMS.

(i) Small crawler-loader with backhoe attachments.

(1) The engine shall be rated at least 60 horsepower.

(2) Backhoe bucket width, 24 inches, with digging teeth.

(3) Backhoe reach of 14 feet.

(4) The minimum capacity of the end loader bucket shall be 1.25 cubic yards.

(5) The following shall be all heavy duty: full-length belly pan, engine guard, track roller guard, and radiator guard.

(7) The track pad and grousers or cleats shall be at least 1/2 inch.

(j) Other equipment. Other pieces of equipment shall be as shown in the SPECIAL PROJECT SPECIFICATIONS.

637.04 Moving of the above equipment to and from the job shall be at the e expense of the Moving of contractor. Moving the equipment from one portion of the job to another after it

Equipment has been initially delivered to a working place will be paid for at the contract price per hour for the particular equipment item moved.

EM 7720-100LL, page 306

637.05 The hours of operation shall be the same as the contractor’s regular working shift, Hours of unless otherwise directed in writing by the Engineer.

Operation

637.06 The contractor shall furnish the above equipment within three calendar days after Availability being ordered to do so by the Engineer. The Engineer may release the equipment whenever it is not needed.

MEASUREMENT

637.07 The method of measurement, as described in Section 106, will be

DESIGNATED

Method IN THE SCHEDULE OF ITEMS.

Quantities will include the actual hours, to the nearest half hour, that the equipment is in operation performing the required work. The actual hours the equipment is in operation on the required work will be recorded daily.

PAYMENT

637.08 The accepted quantities will be paid for at the contract unit price for each pay item shown in the SCHEDULE OF ITEMS Basis

Payment will be made under:

Pay Item Pay Unit

637(01) Large Crawler Tractor with Dozer ……………………... HR.

637(02) Large Crawler Tractor with Dozer and Winch ………. HR.

637(03) Large Crawler Tractor with Dozer and Ripper…………. HR.

637(04) Small Crawler Tractor with Dozer and Winch ………… HR.

637(05) Road Grader ……………………………………………. HR.

637(06) Rubber Tired End Loader ……………………………… HR.

637(07) Tractor Mounted (Rubber Tired) Backhoe …………….. HR.

637(08) Large Crawler Loader ………………………………….. HR.

637(09) Small Crawler Loader with Backhoe …………………... HR.

637(10) Small Dump Truck ………………………………………HR.

637(11) Large Dump Truck …………………………………….. HR.

EM 7720-100LL, page 307

STANDARD SPECIFICATIONS. The following standard Specifications are applicable to this contract and are included by reference:

SPEC. No. Title Date Section 101 Abbreviations 4/1985 Section 102 Definitions 4/1985 Section 103 Intent of Contract 4/1985 Section 104 Maintenance for Traffic 4/1985 Section 106 Measurement and Payment 4/1985 Section 204 Soil Erosion & Water Pollution Control 4/1985 Section 601 Mobilization 4/1985 Section 625 Seeding & Mulching 4/1985 Section 713 Roadside Improvement Materials 4/1985

C– 4 - SPECIAL PROJECT SPECIFICATIONS. The following Special Project Specifications are applicable to this contract and are physically included in the section:

SPEC. No. Title Date Page(s) SPS 101 Abbreviations (2/3/09) 1 SPS 102 Definitions (2/3/09) 1 SPS 103 Intent of Contract (2/3/09) 1 SPS 104 Maintenance for Traffic (2/3/09) 1 SPS 105 Control of Materials (2/3/09) 1 SPS 106 Measurement and Payment (2/3/09) 1 SPS 173 Construction Staking, Location Line (2/3/09) 2 SPS 204 Soil Erosion & Water Pollution Control (2/3/09) 1

SPS 205A Haul (2/3/09) 1 SPS 601 Mobilization (2/3/09) 1 SPS 625 Seeding & Mulching (2/3/09) 2 SPS 637 Equipment Rental (2/3/09) 1 SPS 651 Stream Enhancement Structures (2/3/09) 2 SPS 713 Roadside Improvement Materials (2/3/09) 1

C- 5 -DRAWINGS. The following drawings are a part of this solicitation and any resulting contract.

TITLE SHEET NO.

Title Sheet 1 Summary of Estimated Quantites 2 Sign Plan 3 Work Site List 4 Typical Sections 5-8

AGAR 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.

AGAR 452.211-73 Attachments To Statement Of Work/Specifications (FEB

1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D – PACKAGING AND MARKING

There are no required clauses for this section of this solicitation.

SECTION E – INSPECTION AND ACCEPTANCE

52.246-1 -- Contractor Inspection Requirements. (APR 1984)

52.246-12 Inspection of Construction. (APR 1996)

SECTION F – DELIVERIES OR PERFORMANCE

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

The Contractor shall be required to (a) commence work under this contract within 10 days after receiving the Notice to Proceed and complete in accordance with dates as contained in Section 01010, Part 1.3. The times stated for completion shall include final cleanup of all the premises.

(End of clause)

52.242-14 Suspension of Work. (APR 1984)

SECTION G - CONTRACT ADMINISTRATION DATA

452.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 14 days after the date of contract award. The conference will be held at a mutually agreed upon time and place.

(End of Clause)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

52.204-11 American Recovery and Reinvestment Act--Reporting Requirements. (MAR

2009)

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

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

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

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

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

For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

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

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards

No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

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

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

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

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

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act).

Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

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

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

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

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

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

(4) Program or project title, if any.

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

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

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

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

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

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

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

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

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

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

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

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

The contractor shall provide detailed information on these first-tier subcontracts as follows:

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

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

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

(vi) Funding agency.

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

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

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

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

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

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

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

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

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

Internal Revenue Code of 1986.

52.215-2 Audit and Records—Negotiation (Mar 2009)

(a) As used in this clause, “records” includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor’s plants, or parts of them, engaged in performing the contract.

(c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor’s records, including computations and projections, related to—

(1) The proposal for the contract, subcontract, or modification;

(2) The discussions conducted on the proposal(s), including those related to negotiating;

(3) Pricing of the contract, subcontract, or modification; or

(4) Performance of the contract, subcontract or modification.

(d) Comptroller General.—

(1) The Comptroller General of the United States, or an authorized representative, shall have access to and the right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract or a subcontract hereunder and to interview any current employee regarding such transactions.

(2) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the

Contracting Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating—

(1) The effectiveness of the Contractor’s policies and procedures to produce data compatible with the objectives of these reports; and

(2) The data reported.

(f) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), (c), (d), and (e) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of the

Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition—

(1) If this contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and

(2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved.

(g) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract that exceed the simplified acquisition threshold, and—

(1) That are cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable type or any combination of these;

(2) For which cost or pricing data are required; or

(3) That require the subcontractor to furnish reports as discussed in paragraph (e) of this clause.

The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under the Government prime contract.

(End of clause)

Alternate I (Mar 2009). As prescribed in 15.209(b)(2), substitute the following paragraphs (d)(1) and (g) for paragraphs (d)(1) and (g) of the basic clause:

(d) Comptroller General or Inspector General. (1) The Comptroller General of the United States, an appropriate

Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials, shall have access to and the right to—

(i) Examine any of the Contractor’s or any subcontractor’s records that pertain to and involve transactions relating to this contract or a subcontract hereunder; and

(ii) Interview any officer or employee regarding such transactions.

(g)(1) Except as provided in paragraph (g)(2) of this clause, the Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract. The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under the Government prime contract.

(2) The authority of the Inspector General under paragraph (d)(1)(ii) of this clause does not flow down to subcontracts.

Alternate II (Apr 1998). As prescribed in 15.209(b)(3), add the following paragraph (h) to the basic clause:

(h) The provisions of OMB Circular No. A-133, “Audits of States, Local Governments, and Nonprofit Organizations,” apply to this contract.

Alternate III (June 1999). As prescribed in 15.209(b)(4), delete paragraph (d) of the basic clause and redesignate the remaining paragraphs accordingly, and substitute the following paragraph (e) for the redesignated paragraph (e) of the basic clause:

(e) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), (c), and (d) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract.

In addition—

(1) If this contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and

(2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved.

52.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods--Buy

American Act--Construction Materials. (MAR 2009)

"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:

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)

(a) Definitions. "Construction material," "domestic construction material," "foreign construction material," "manufactured construction material," "steel," and "unmanufactured construction material," as used in this provision, are defined in the clause of this solicitation entitled "Required Use of Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-21).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) or the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-21 in the request. If an offeror has not requested a determination regarding the inapplicability of 1605 of the Recovery Act or the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract--

(i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and

(ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on unreasonable cost of comparable domestic unmanufactured construction material.

(2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-21, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard

Form 1442 for the alternate offer and a separate cost comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-21 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-21 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

52.228-1 Bid Guarantee (Sept 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 100% percent of the bid price or $300,000 whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.228-15 Performance and Payment Bonds—Construction (Nov 2006)

(a) Definitions. As used in this clause—

“Original contract price” means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $100,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury

Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with

Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular

570 is published in the Federal Register or may be obtained from the:

U.S. Department of the Treasury

Financial Management Service

Surety Bond Branch

3700 East West Highway, Room 6F01

Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

452.236-73 Archaeological or Historic Sites. (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

452.236-77 Emergency Response. (NOV 1996)

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

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

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow…