AG-82B1-S-10-0137 Solicitation.pdf

AG-82B1-S-10-0137

SECTION B - SERVICES COST SCHEDULE

452.211-72 Statement of Work/Specifications. (FEB 1988) 452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988) 52.246-1 -- Contractor Inspection Requirements. (APR 1984)

SECTION F – DELIVERIES OR PERFORMANCE

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) 452.215-73 Postaward Conference. (NOV 1996)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

52.204-11 American Recovery and Reinvestment Act--Reporting Requirements. (MAR 2009) 52.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--

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

Act--Construction Materials. (MAR 2009) 452.236-77 Emergency Response. (NOV 1996) 52.203-15 – Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009. (MAR 2009) 52.211-18 Variation in Estimated Quantity. (APR 1984) 52.222-5 Davis-Bacon Act--Secondary Site of the Work. (JUL 2005) 52.228-13 -- Alternative Payment Protections. (Jul 2000) 52.244-6 Subcontracts for Commercial Items. (AUG 2009) 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

52.204-8 Annual Representations and Certifications. (FEB 2009) 52.216-1 Type of Contract. (APR 1984) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999) 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

SECTION B - SERVICES COST SCHEDULE

Roof Replacement on Five Historic Buildings

Kootenai National Forest Sanders, Flathead, and Lincoln County, MT

SCHEDULE OF ITEMS

The offeror must submit on offer on all items.

Item Method * Unit Number Description of Meas. Unit Quantity Price Total

ANT FLAT OFFICE (Bldg # 2825)

1.1 Roofing A.Q. Square 18

This includes all demolition, inspection, and all roofing materials, such as ice and water shield, felt, all flashing, vent caps, shingles, and ridges.

Includes mobilization.

1.2 Sheathing A.Q. Sq. Ft. 50 **

This includes removal and replacement of agreed areas of roof sheathing.

FAIRVIEW OFFICE (Bldg # 2824)

2.1 Roofing A.Q. Square 12

This includes all demolition, inspection, and all roofing materials, such as ice and water shield, felt, all flashing, vent

2.2 Sheathing A.Q. Sq. Ft. 100 **

2.3 Framing L.S.Q. Lump Sum All

This includes all work required for removal and replacement of roof sheathing and installation of the additional rafters.

FAIRVIEW STORAGE SHED (Bldg # 2627)

3.1 Roofing A.Q. Square 3

This includes all demolition, inspection, and all roofing materials, such as ice and water shield, felt, all flashing, vent

3.2 Sheathing A.Q. Sq. Ft. 240 **

MEADOW PEAK LOOKOUT (Bldg # 4202)

4.1 Roofing A.Q. Square 3

This includes all demolition, inspection, and all roofing materials, such as ice and water shield, felt, all flashing, vent

4.2 Sheathing A.Q. Sq. Ft. 20 **

SEX PEAK LOOKOUT (Bldg # 4013)

5.1 Roofing A.Q. Square 3

This includes all demolition, inspection, and all roofing materials, such as ice and water shield, felt, all flashing, vent

5.2 Sheathing A.Q. Sq. Ft. 20 **

Total

*Designated Method of Measurement:

AQ - Actual Quantity. These quantities are determined from measurements of completed work.

CQ - Contract Quantity. These quantities denote the final number of units to be paid under the terms of the contract. The contract quantity will be adjusted for authorized changes that affect the quantity or for errors that cause a quantity to change by 15% or more made if computing this quantity. If there is evidence that a quantity specified as a contract quantity is incorrect, submit calculations, drawings, or other evidence indicating why the quantity is in error and request, in writing, that the quantity be adjusted.

LSQ - Lump Sum Quantity. These quantities will not be measured. The bid amount is complete payment for all work described in the contract and necessary to complete the work for that item.

** This is an initial estimate of existing roof decking which will require repair. The actual amount may be higher or lower.

SECTION C - STATEMENT OF WORK

SECTION 01010

SUMMARY OF WORK

PART 1 - GENERAL

1.1 - DESCRIPTION OF WORK

A. The Contractor shall furnish all labor, equipment, transportation, supervision, operating supplies, materials and incidentals necessary to remove existing roofs and roof sheathing as needed and install new roofing at the following:

1. Ant Flat Office (building # 2825) a two story frame structure with a gambrel roof, a rectangular footprint and 2 porches,

2. Fairview Office (building # 2824) a one and one half story log structure with a gable roof, a rectangular footprint and a porch,

3. Fairview Storage Shed (building # 2627) a one story log structure with a gable roof and a rectangular footprint,

4. Meadow Peak Lookout (building # 4202) a one story frame structure on top of a 10 foot wooden tower with a hip roof and a square footprint.

5. Sex Peak Lookout (building # 4013) a one story frame structure on a foundation with a hip roof and a square footprint.

1.2 - PROJECT LOCATION

A. This project is located at Fairview and Meadow Peak on the Libby Ranger District, Ant Flat on the Fortine Ranger District, and Sex Peak on the Cabinet Ranger District of the Kootenai National Forest. Ant Flat and Fairview projects are in Lincoln County, Meadow Peak Lookout is in Flathead County, and Sex Peak Lookout is in Sanders County. Vehicle access is available to the sites.

1. Ant Flat is located adjacent to Wolf Creek Fortine Road #36 ( NW1/4, SE1/4, Sec. 7, T34N, R25W) southeast of Eureka, Montana. Ant Flat is accessed by traveling south of Eureka on Highway 93 (approx. 13.5 miles), south (right) on Road #36 ( approx 1½ - 2 miles). Ant Flat is on the right.

2. Fairview is located adjacent to Wolf Creek Road #36 (NW1/4, NW1/4, Sec. 22, T30N, R27W) east of Libby, Montana. Fairview is accessed by traveling north of Libby on Highway 37 (13½ miles), Fisher River Road #763 (10 miles), and Wolf Creek Road #36 (approx 17 miles). Fairview is on the left approx 200 yards off the main road.

3. Meadow Peak Lookout is located on Meadow Peak (SW1/4, Sec. 20, T27N, R26W) southeast of Libby, Montana. Meadow Peak Lookout is accessed by traveling south and east from Libby on Highway 2 (approx. 48 miles), north on Forest Road 511 (approx. 8 miles).

4. Sex Peak Lookout is located on Sex Peak (SE1/4, NW1/4, Sec. 25, T23N, R32W) southwest of Trout Creek, Montana. Sex Peak Lookout is accessed by traveling southeast from Trout Creek on Highway 200 (approx. 10 miles), southwest on Beaver Creek Road #152 (approx. 12 miles), and north on Forest Road #2222 (approx. 8 miles).

1.3 - PROSECUTION AND PROGRESS

A. The estimated start work date is June 15, 2010 for Fairview and Ant Flat. These items will be completed no later than September 30, 2010. Due to other work scheduled at Meadow

Peak Lookout for 2010, work at Meadow Peak Lookout cannot start until spring 2011.

B. Sex Peak Lookout is part of the Forest Service Cabin Rental program. Contact the CO to coordinate access. A window from July 11, 2011 thru August 12, 2011 will be reserved for this project. Work must be completed in 12 consecutive calendar days from start of work on this structure. Contact the CO by January 1, 2011 to schedule the desired 12 day period.

C. Prior to start work a pre-work conference will be held.

D. All work under this contract to be completed by August 1, 2011.

E. Submittals: The Contractor shall submit the following at the pre-work conference.

1. A list of proposed subcontractors and their intended work.

2. A proposed work schedule.

3. A safety plan.

F. Weekend and Holiday Work Restrictions: No on-site work shall be performed on weekends or federal holidays unless otherwise authorized by the CO.

1.4 – CODES, STANDARDS, AND PERMITS

A. Comply with these specifications, project drawings, and all applicable local, State, and

National laws, codes, standards, and regulations. Comply with all health and safety codes for personnel and public. Conform to applicable regulatory procedures and safety precautions when hazardous, contaminated, or infectious materials and/or debris are encountered during project operations.

B. Obtain required permits applicable to project operations.

C. Coordinate with utility companies, if necessary, prior to commencement of work.

1.5 – FIELD VERIFICATION

A. Field verify all dimensions affecting the work of this contract prior to ordering materials.

1.6 – USE OF PREMISES

A. Toilet facilities:

1. Fairview and Meadow Peak. Toilet facilities are not available at the work site.

Contractor shall supply portable toilet facilities at the work site. Dispose of waste in a legal manner off of Forest Service property.

2. Ant Flat and Sex Peak. Toilet facilities are available at the work site.

B. Electrical power:

1. Fairview, Meadow Peak, and Sex Peak. Electrical power is not available at the work site.

Contractor shall supply electrical generator and extensions cords as needed for the work.

2. Ant Flat. Electrical power is available at the work site at no cost to the Contractor.

Contractor is responsible for providing extension cords as needed for the work.

C. Water:

1. Fairview, Meadow Peak, and Sex Peak. Potable water is not available at the work site.

Wolf Creek runs adjacent to the Fairview work site and is a possible source of non-potable water. Coordinate with the CO prior to use.

2. Ant Flat. Potable water is available at the work site at no cost to the Contractor.

Contractor is responsible for providing hoses as needed for the work.

C. Camping: The Contractor will be allowed to camp at the worksite in areas designated by the

CO during periods of active work. Coordinate with the CO a minimum of 14 days prior to start of work at individual project locations.

D. These sites are culturally significant. The Contractor shall drive and park vehicles only in areas designated or approved by the CO. Vehicles shall not be permitted off parking area and/or driving lane, unless approved by the Contracting Officer.

E. The Contractor may store materials in areas approved by the Contracting Officer. The

Contractor shall be responsible for materials and equipment stored at the site.

F. The Contractor shall maintain the project area in a neat, orderly, and safe condition at all times. All construction debris and other waste to be cleaned up at the end of each working day and placed in suitable containers.

G. Disposal of Debris:

1. Dispose of all material removed by this project that is not designated for reuse, salvage, or disposal by Forest Service.

2. Burning of waste materials is not permitted on the project or Forest Service property.

3. Dispose of waste material in a legal manner off of Forest Service property in accordance with Local, State, and Federal Regulations.

1.7 – PROTECTION OF PROPERTY

A. The Contractor shall conduct his work in a manner that will protect the existing property at the site as set forth under Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

B. The buildings are significant cultural resources that have been determined eligible for the

National Register of Historic Places. As a significant historical resource it is imperative that maintenance activities DO NOT ADVERSELY AFFECT the historical integrity of the structures. Accordingly, all materials or replacement materials used for maintenance must be “in kind” (e.g. use of original wall and trim paint colors, replacement with matching style trim and wall boards, etc.). If there are any questions about acceptable materials or techniques to be used, please contact the CO.

C. Noxious Weeds:

1. In order to prevent the potential spread of noxious weeds the contractor shall clean all construction equipment prior to moving it to the project area. This cleaning shall remove all soil, plant parts, seeds, vegetative matter, or other debris that could contain or hold seeds. Only construction and maintenance equipment and the equipment necessary to transport said equipment, so cleaned and inspected by the Forest Service will be allowed within the project area. All subsequent move-ins of equipment to the project area shall be treated in the same manner as the initial move-in. This requirement does not apply to service vehicles, water trucks, pickups, cars, and/or similar vehicles.

2. Contractor shall employ whatever cleaning methods are necessary to ensure that construction and maintenance equipment is free of noxious weeds. Equipment shall be considered free of soil, seed, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment, components or the need for specialized inspection tools is not required.

3. Unless otherwise agreed, Contractor shall give the Forest Service at least 24 hours notice when equipment is ready for inspection. Notification will include an agreed upon location where the equipment will be available for inspection by the Forest Service. Inspection will be required after every cleaning.

4. New infestations of noxious weeds of concern to Forest Service and identified by either Contractor or Forest Service, on the project area or on the access routes, shall be promptly reported to the other party. Contractor and Forest Service shall agree on treatment methods to reduce or stop the spread of noxious weeds when new infestations are found. A current list of noxious weeds of concern to Forest Service is available at each Forest Service office.

1.8 – GOVERNMENT FURNISHED MATERIALS

A. Sex Peak Lookout: Chimney will be provided by the government including pipe, flashing, storm collar, cap, and bonding clamp.

1.9 – MEASUREMENT AND PAYMENT

A. Payment will be included in the bid item to which this work relates.

SECTION 07317

DEMOLISH AND REROOF ENTIRE ROOF WITH SHINGLES

PART 2 – DEMOLISH AND REROOF ENTIRE ROOF WITH SHINGLES

2.1 – DESCRIPTION OF WORK

A. Work covered under this section includes demolition of the entire existing roof, laying sheathing; ice and water shield; roofing felt; and laying new shingles. Work is to be conducted on the entire roof including porches.

2.2 – REGULATORY REQUIREMENTS

A. The Contractor shall conform to applicable codes for demolition of structures, safety of adjacent facilities, dust control, soil erosion control, and disposal. Contractor shall also conform to all applicable health and safety codes for personnel, and random public. Contractor shall obtain all required permits if applicable to project operations, notify all affected utility companies, if necessary, prior to commencing work activities, conform to applicable regulatory procedures and safety precautions when hazardous, contaminated, or infectious materials and/or debris are encountered during project operations.

2.3 - DISPOSAL

A. All materials designated for removal from the demolition site area shall be disposed of off National Forest lands, in accordance with Local, State, and Federal regulations. Burning of removed materials will not be permitted on project sites. It shall be the contractor’s responsibility to obtain all necessary permits for disposal.

2.4 – SUBMITTALS

A. Submit technical product data, installations instructions and recommendations from product manufacturer, including data that materials comply with requirements and samples of the following prior to beginning the project:

1. Sheathing,

2. Ice and water shield,

3. Roofing felt,

4. Shingles, and

5. Nails

B. Samples shall be large enough to illustrate clearly the functional characteristics and full range of color, texture, gauge, size, type, and pattern. Clearly identify each sample and number consecutively.

2.5 – DELIVERY, STORAGE, AND HANDLING

A. Deliver materials in manufactures unopened bundles, rolls, or containers with labels intact.

B. Store materials to avoid water damage, and store rolled goods on end. Comply with manufacturer’s recommendations for job site storage and protection.

2.6 – GUARANTEE

A. Furnish a guarantee-warranty in writing against a defective roofing system for at least 10 years from date of acceptance. Guarantee-warranty shall include repairing if necessary to maintain roof in a watertight condition.

2.7 – DIMENSIONS

A. Note: All dimensions must be field-checked as these numbers are estimates.

B. Due to the age of the structures, the lumber could be dimensional or nominal. Verify prior to ordering material.

2.8 – SPECIAL NOTES

A. Hand-nailing the shingles is required. Nails must not be left proud, nor must they be driven below the surface of the shingle. Nails must penetrate at least halfway through the thickness of the sheathing, but must not penetrate completely through the sheathing.

B. Only smooth-faced hammers are allowed during this project. No milled-faced or wafflehead hammers are allowed.

C. Personnel working on the roof are not allowed to wear spiked or cleated shoes in order to prevent damage to the shingles.

D. If the contractor uses a harness and/or safety rigging to conduct roof work, a complete harness and/or safety rigging will be made available by the contractor for Forest Service inspections by the COR and/or the Inspector.

PART 3 - PRODUCTS

3.1 – SHEATHING

A. The sheathing must be solid sheathing and shall match existing unless noted otherwise in the work items. If the sheathing is dimensional lumber and rough-cut, use dimensional lumber and rough-cut replacement lumber. If the sheathing is nominal lumber, use nominal replacement lumber.

3.2 – FRAMING LUMBER

A. Doug Fir/Larch, No. 1 & Better, Match dimensions of existing framing lumber

3.3 – ICE AND WATER SHIELD

A. Use an ice and water shield product that is 3 feet wide. The ice and water shield can be either self-stick or stapled.

3.4 – ROOFING FELT

A. The roofing felt must be ASTM D226-89, Type II 30-pound, unperforated asphalt saturated felt or equivalent. The felt can be stapled.

3.5 – NAILS

A. Use 3d galvanized box nails on the roof, and 6d galvanized box nails on the ridge.

B. Do not penetrate through the sheathing with any nails.

3.6 – SHINGLES

A. The roof shingles must be Certigrade Blue Label tapered shingles approved by the Cedar Shake and Shingle Bureau. Do not use Certified shingles inspected by the American Certified Shake and Shingle Inspection Service.

B. The shingles must be 16 inches long, have random widths from 4 to 10 inches, and are 3/8 inch thick (also known as 5/2 inches).

3.7 – RIDGES

A. Shingle: Factory-assembled ridge units may be used, if the ridge units have alternate overlaps and concealed nailing.

B. Board: 1x6 Cedar No.1 & Better.

PART 4 - EXECUTION

4.1 – GENERAL

A. Transportation: The Contractor shall provide adequate and safe methods for trucking and transporting equipment and materials onto and off the projects sites. All Local, State, and Federal regulations and laws shall be complied with by the Contractor during trucking and transporting operations on Local, County, State, and Forest roads.

B. Clean substrate of any projections and substances detrimental to shingling work.

C. Proceed with installation of underlayment and shingles only when weather conditions are in compliance with manufacturer’s recommendations and when substrate is completely dry.

4.2 – DEMOLITION OF EXISTING ROOF

A. Temporary Protection: Erect temporary protection, such as walks, fences, railings, canopies, and covered passageways, where required by authorities having jurisdiction, and as indicated.

Comply with requirements in Section “Temporary Facilities and Controls.”

1. Provide protection to ensure safe passage of people around building demolition area to and from occupied portions of adjacent buildings and structures, in accordance with Federal OSHA requirements.

B. Remove the existing roofing material, including existing shingles, shakes, and metal from roof and felt (if present).

4.3 - SHEATHING

A. Inspect sheathing after removing the existing roofing material. Renail any loose sheathing. The observable roof sheathing varies by building. If any portions of the sheathing boards show more than 25 percent of rot, damage, or decay, those portions are to be replaced. Areas to be replaced shall be agreed to by the Contracting Officer prior to replacement. Replacement can be limited to between roof joists or several roof joists, or if necessary, the entire board can be replaced. Replacement boards must match in species and wood size unless noted in work items.

4.4 – ICE AND WATER SHIELD

A. Lay the ice and water shield according to the manufacturer’s written instructions. Lap according to manufacturer’s installation instructions but not less than: side laps – 3.5 inches, end laps – 6 inches, and stagger end laps minimum 24 inches between courses. Cover ice and water shield within 7 days.

B. See work items for locations of ice and water shield placement.

4.5 – SHINGLES

A. The 16-inch shingles are to be installed over the entire roof. The shingles are to be applied in straight, single courses.

B. The starter course/first course shingles are to project 1½ inches beyond the eave edges.

Shingles are to project 1 inch over the rake edges.

C. Spacing between adjacent shingles (joints) should be a minimum of 1/4 of an inch and a maximum of 3/8 of an inch. Shingles shall be laid with a side lap of not less than 1 ½ inches between joints in adjacent courses. Stacked joints are not allowed - lay the shingles so that in each course, no keyway stacks, or is within 1 ½ inch of any keyways in the two courses below.

In addition, no visible nailheads (shiners) are allowed.

D. The widest shingle allowable is 10 inches wide. The narrowest shingle allowable is 4 inches wide.

E. Shingle exposure shall be 4 ½ inches, resulting in triple coverage.

4.6 – NAILS

A. Each shingle shall be nailed using two nails per shingle. The nails shall be placed approximately 3/4 inch from each edge and 1 inch to 2 inches above the exposure.

B. The nails shall not penetrate the sheathing, with one exception. Use 3d nails in the starter course; these nails may penetrate the sheathing.

4.7 – RIDGES

A. Shingle: The ridge unit exposure is to be the same as the shingle exposure - 4 ½ inches. Ant Flat Office Bldg 2825, Meadow Peak LO Bldg 4202, and Sex Peak Lookout Bldg 4013.

B. Board: Shape edge to match roof slope and provide a tight joint. Fairview Office Bldg 2824 and

Fairview Storage Shed Bldg 2627.

C. The nails must penetrate into ¾ of the thickness of the sheathing.

4.8 – FLASHING

A. Install metal flashing and vent flashing as needed and in accordance with details and recommendations of Wood Shingle and Wood Shake section of "The NRCA Roofing and Waterproofing Manual."

B. Existing flashing may be re-used if not damaged.

4.9 – CLEAN UP

A. Once the roof has been completed, all construction debris, protective barriers, etc. must be removed and the grounds returned to their pre-project appearance.

PART 5 - MEASUREMENT AND PAYMENT

Payment shall be as listed in the Schedule of Items under:

Description Pay Unit

ROOFING Square Actual Quantity as measured by the roofing square (100 square feet surface area). This includes all demolition, inspection, and all roofing materials, such as ice and water shield, felt, all flashing, vent

SHEATHING Square Foot Actual Quantity as measured by the square foot. This includes removal and replacement of agreed areas of roof sheathing.

FRAMING Lump Sum

Lump Sum Quantity will not be measured. This includes all work required for removal and replacement of roof sheathing and installation of the rafters.

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

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

(End of Clause)

452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

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

(End of Clause)

SECTION D – PACKAGING AND MARKING

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.

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.

52.225-21 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)

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 the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitableadjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

SECTION I – CONTRACT CLAUSES

52.203-15 – Whistleblower Protections Under the American Recovery and Reinvestment Act of

2009. (MAR 2009)

Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Mar 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111–5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

(End of clause)

52.204-11 American Recovery and Reinvestment Act—Reporting Requirements.

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…