AG-82B1-S-10-0244.pdf

SOLICITATION NUMBER AG-82B1-S-10-0244

SECTION B - Supplies or Services and Prices/Costs Schedule of Items

SECTION C - Description/specifications/Statement of Work

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

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

SECTION D - Packaging and Marking

SECTION E - Inspection and Acceptance

52.246-12 Inspection of Construction. (APR 1996)

SECTION F - Deliveries or Performance

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - BID ITEM 1, BID ITEM 2, BID ITEM 3 and BID ITEM 4

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

SECTION G - Contract Administration Data

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)

52.225-23 Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials under Trade Agreements. (MAR 2009)

452.236-77 Emergency Response. (NOV 1996)

SECTION I - Contract Clauses

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

(MAR 2009)

52.204-7 Central Contractor Registration. (APR 2008)

52.211-18 Variation in Estimated Quantity. (APR 1984)

52.214-29 Order of Precedence - Sealed Bidding. (JAN 1986)

52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees. (DEC 2004)

52.222-54 Employment Eligibility Verification. (JAN 2009)

52.228-1 Bid Guarantee. (SEP 1996)

52.228-15 Performance and Payment Bonds - Construction. (NOV 2006)

52.236-1 Performance of Work by the Contractor. (SEP 2006)

52.236-8 Other Contracts. (APR 1984)

52.244-6 Subcontracts for Commercial Items. (MAR 2009)

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

452.228-70 Alternative Forms of Security. (NOV 1996)

SECTION J - List of Documents, Exhibits, and Other Attachments

SECITON K - Representations, Certifications, and Other Statements of Offerors or Respondents ...53

52.204-8 Annual Representations and Certifications. (FEB 2009)

52.209-5 Certification Regarding Responsibility Matters. (DEC 2008)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. (JUL 2005)

52.219-28 Post-Award Small Business Program Rerepresentation. (APR 2009)

52.223-1 Biobased Product Certification. (DEC 2007)

52.223-13 Certification of Toxic Chemical Release Reporting. (AUG 2003)

452.219-70 Size Standard and NAICS Code Information. (SEP 2001)

SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents

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)

52.233-2 Service of Protest. (SEP 2006)

SECTION M - Evaluation Factors for Award

52.214-19 Contract Award - Sealed Bidding - Construction. (AUG 1996)

52.217-5 Evaluation of Options

SECTION B - Supplies or Services and Prices/Costs Schedule of Items

BESSEY COMPLEX RECREATION SITE IMPROVEMENTS

SCOTT TOWER MAINTENANCE

NATICK CAMPGROUND ROADS

BESSEY POOL DEMOLITION

BESSEY RANGER DISTRICT - NEBRASKA NATIONAL FOREST

PAY

ITEM

DESCRIPTION

METHOD

OF

MEASURE-

MENT

QUANTIT

Y

PAY

UNIT

UNIT PRICE TOTAL

BESSEY COMPLEX RECREATION SITE

IMPROVEMENTS – BID ITEM 1

M01 Mobilization LSQ 1 LS

D01 Remove Tree AQ 3 ea

D02 Remove Tree Stump AQ 7 Ea

D03 Remove Post AQ 2 EA

D04 Remove Picnic Table AQ 3 EA

D05 Remove Retaining Wall DQ 2 EA

D06 Remove Asphalt Pavement

AQ 30 SY

D07 Remove Concrete Slab AQ 40 SF

11 Campsite Development AQ 15 EA

12 Embankment DQ 52 CCY

13 Aggregate Surfacing AQ 250 TONS

14 Tent Pad Aggregate AQ 0 EA

15 Erosion Control Rock AQ 24 TONS

16 Wheel Stops INCLUDE IN BID OPTION

17 Fire Ring and Base 11 EA

18 Retaining Wall, 0.5’ Height

AQ 435 LF

19 Retaining Wall, 1.0’ height

AQ 356 LF

20 Retaining Wall, 1.5’ Height

AQ 80 LF

21 Compaction Water SQ 10 MGAL

TOTAL BASE BID

BID OPTION 1

D01 Remove Tree AQ 1 EA

D02 Remove Tree Stump AQ 3 EA

D03 Remove Post AQ 7 EA

D04 Remove Picnic Table AQ 1 EA

D05 Remove Retaining Wall DQ 4 EA

D06 Remove Asphalt Pavement

AQ 0 SY

D07 Remove Concrete Slab AQ 30 SF

11 Campsite Development AQ 5 EA

12 Embankment DQ 11 CCY

13 Aggregate Surfacing AQ 56 TONS

14 Tent Pad Aggregate AQ 3 EA

15 Erosion Control Rock AQ 3 TONS

16 Wheel Stops Include in Bid Option 3

17 Fire Ring and Base AQ 4 EA

18 Retaining Wall, 0.5’ height

AQ 514 LF

19 Retaining Wall, 1.0’ height

AQ 232 LF

20 Retaining Wall, 1.5’ height

AQ 0 LF

21 Compaction Water AQ 5 Mgal

Total bid option 1

BID OPTION 2

D01 Remove Tree AQ 3 EA

D02 Remove Tree Stump AQ 8 EA

D03 Remove Post AQ 11 EA

D04 Remove Picnic Table AQ 1 EA

D05 Remove Retaining Wall DQ 1 EA

D06 Remove Asphalt Pavement

AQ 0 SY

D07 Remove Concrete Slab AQ 88 SF

11 Campsite Development AQ 7 EA

12 Embankment DQ 9 CCY

13 Aggregate Surfacing AQ 105 TONS

14 Tent Pad Aggregate AQ 2 EA

15 Erosion Control Rock AQ 10 TONS

16 Wheel Stops Include in Bid Option 3

17 Fire Ring and Base AQ 6 EA

18 Retaining Wall, 0.5’ height

AQ 286 LF

19 Retaining Wall, 1.0’ height

AQ 52 LF

20 Retaining Wall, 1.5’ height

AQ 62 LF

21 Compaction Water AQ 5 Mgal

TOTAL BID OPTION 2

BID OPTION 3

16 Wheel Stops AQ 35 EA

17 Fire Ring and Base AQ 13 EA

TOTAL BID OPTION 3

SCOTT TOWER MAINTENANCE BID ITEM 2

01 Mobilization LSQ 1 LS

02 Site Work LSQ 1 LS

03 Safety Railing and Handrail

LSQ 1 LS

04 Timber Treads and Decking

LSQ 1 LS

05 Lookout House Maintenance

LSQ 1 LS

TOTAL BID ITEM 2

NATICK CAMPGROUND ROADS BID ITEM 3

BASE BID

01 Mobilization LSQ 1 LS

02 Composite Road Construction

DQ 0.4 MILE

03 Rock Crossing Aggregate AQ 40 tons

04 Erosion Control Blanket AQ 5000 SF

05 Erosion Control Blanket over Mulch

AQ 1200 LS

TOTAL BASE BID ITEM 3

OPTIONAL BID

ITEMS

10 Gravel for Road AQ 540 TONS

10A Aggregate for Road AQ 540 TONS

11 Campsite Turnout Construction

AQ 16 EA

12 Gravel for Campsite Turnouts

DQ 400 TONS

12A Aggregate for Campsite Turnouts

DQ 400 TONS

13 Compaction Water AQ 40 Mgal

14 Lengthen Natick Road Turnouts

AQ 10 EA

TOTAL OPTIONAL BID

BESSEY POOL DEMOLITION AND NEW SHOWERHOUSE BID ITEM 4

BASE BID

01 Mobilization LSQ 1 LS

02 Demolition and Disposal LSQ 1 LS

03 Embankment DQ 575 CCY

04 Install legacy Buffalo Grass Sod and Fertilize

DQ 1000 SF

05 Install Legacy Buffalo Grass Plugs and Fertilize

AQ 22000 SF

06 Showerhouse Site Preparation

LSQ 1 LS

07 Pool Pumphouse Floor Slab

LSQ 1 LS

08 Site Work Concrete AQ 2860 SF

09 Abandon Well AQ 5 EA

10 Compaction Water AQ 5 Mgal

TOTAL BASE BID

ITEM 4

OPTIONAL BID ITEM

11 Remove and Dispose of Tree Dump Concrete Rubble

LSQ LS

TOTAL OPTIONAL BID

TOTAL BASE BID PLUS OPTION ITEM 1

* Designated Method of Measurement:

DQ - Designed Quantities; AQ - Actual Quantities; LSQ - Lump Sum Quantities

B- 2: Bid on all items. Only Bids to the nearest dollar will be accepted.

B- 3 - Payment for Bond Premiums: Payment for bond premiums in accordance with FAR Clause 52.232-5, Payment Under Fixed-Price Construction Contracts, shall not be in addition to the contract price.

THE CONTRACTOR SHALL BID ON ONE OR MORE OF THE FOUR BID

ITEMS (TO INCLUDE THE OPTION ITEMS CONTAINED THEREIN).

THE GOVERNMENT RESERVES THE RIGHT TO MAKE ONE FOR MORE

AWARDS.

DUNS # ____________________________

TINs# ______________________________

Email Address: _______________________

SECTION C - Description/specifications/Statement of Work

C.1 SCOPE OF WORK

This Bessey Complex Recreation Site Improvement project is part of a larger solicitation. The solicitation also includes the Bessey Pool Demolition and New Showerhouse project, the Natick Campground Road project, and the Scott Tower Maintenance project.

BESSEY COMPLEX RECREATION SITE IMPROVEMENT – BID ITEM 1

This project will reconstruct camping road spurs and pads to meet accessibility standards. Work will include clearing and grubbing, earthwork, retaining walls, aggregate surfacing, erosion control, installation of government supplied fire rings, and other miscelleous work. The campground will remain open during reconstruction. Work will be done in three phases as shown on the drawings.

Starting on June 7, 2010, the Forest Service is required to clear the construction area of ABB beetles. A stop work order will be issued for this project effective June 7 and will remain in effect until the area has been cleared of the beetles. Contract time will also stop during the clearance process. As general information to bidders, with no guarantee of the same happening again this time, the ABB beetle clearance process in previous years has taken less than one week to complete.

This project is located at Bessey Ranger District, Nebraska National Forest. The campground is located approximately 1 mile west of Halsey, Nebraska.

PRICE RANGE FOR BID ITEM 1 PLUS OPTION ITEMS IS BETWEEN $ 100,000 AND

$250,000

SCOTT TOWER MAINTENANCE – BID ITEM 2

Perform maintenance on Scott Tower Fire Lookout:

Raise galvanized steel safety railing to a minimum of 42” above decks and stair nosing.

Install galvanized steel balusters on safety railing to meet the 4” sphere passage test.

Install galvanized steel handrails.

Replace wood stair treads and decks with pressure treated wood.

Replace concrete steps and landing at grade.

Remove shutter system on lookout house.

Replace wood shingles on lookout house with architectural shingles.

Replace fascia boards and repaint the exterior of the house.

Other miscellaneous work as shown on the drawings.

The lookout house floor and the catwalk that circles the perimeter of the house are approximately 60’ above the ground.

This project is located one mile west on US Highway 2 from Halsey, NE; ½ mile south and 2 ½ mile west on State Spur 86B. Scott Tower is at the end of State Spur 86B.

PRICE RANGE FOR BID ITEM 2 IS BETWEEN $ 25,000 AND $100,000

NATICK CAMPGROUND ROADS - BID ITEM 3

Construct new campground road in Natick Campground. Work includes clearing, grubbing, and disposal; constructing the road prism; installing drainage features; seeding; and installing erosion control.

Optional Bid Item work if funds are available includes:

Installing surfacing on the new campground road.

Construction of campsite turnouts along the new road.

Installation of surfacing on the campsite turnouts.

Lengthening existing North Natick Road turnouts.

The Forest Service has protocols that it must follow for the ABB beetle (ABB). Before any ground disturbance can occur in an area it must be cleared of ABB. ABB clearance can only be done during two periods and the clearance status for an area lasts only until the beginning of the next clearance period. Starting dates for the two clearance periods are June 7 and August 7.

Natick Campground does not currently have ABB clearance. As a result, Notice To Proceed for this project will not be issued until after the area is cleared during the June 7 clearance period. If the contract ground disturbance work is not completed by August 7, a stop work order will be issued to stop work and contract time until the area is once again cleared of ABB.

This project is at the Forest Service Natick Campground. The campground is located one mile west on US Highway 2 from Halsey, NE; ½ mile south and 1 ½ mile west on State Spur 86B; 5 miles west and 2 miles south on North Natick Road #212.

PRICE RANGE FOR BID ITEM 3 PLUS OPTION ITEMS IS BETWEEN $ 25,000 AND

$100,000

BESSEY POOL AND SHOWERHOUSE – BID ITEM 4

Demolish the Bessey Pool, Pool Bathhouse, Pool Chlorinator Building, and associated items including, wading pool, surrounding concrete slabs, chain link fence, filtration equipment, underground storage tank, and other miscellaneous items shown on the drawings. Concrete and masonry rubble will be disposed of as part of the compacted embankment in the Bessey Pool as shown on the drawings. Any portion of the concrete and masonry rubble that does not fit in the designated pool space shall be properly disposed of off of Forest Service property. Prepare site for delivery and placement of a new precast, modular, Showerhouse Building by others. Site preparation for the slab-on-grade building includes: subgrade; aggregate base; water service to specified stub-up location; sewerline extension to the building site and stub-ups at multiple specified locations. The sewerline stub-ups include traps at the floor and shower drain locations.

Protect the existing Pool Bathhouse electrical service and reconnect the service to the new Showerhouse Building electrical panel after the building is installed by others. Other work includes concrete slab and walk installations; structural backfill and slab placement in a small building; and abandoning water wells.

An Optional Bid Item requires the removal and off-site disposal of concrete rubble currently located at the tree dump.

Starting on June 7, 2010, the Forest Service is required to clear the construction area of ABB beetles. A stop work order will be issued for this project effective June 7 and will remain in effect until the area has been cleared of the beetles. Contract time will also stop during the clearance process. As general information to bidders, with no guarantee of the same happening again this time, the ABB beetle clearance process in previous years has taken less than one week to complete.

Delivery and placement by others of the precast modular showerhouse on the prepared site is tentatively scheduled for June 10, 2010. All site preparation work for the showerhouse (see paragraph B above) shall be completed before June 7, 2010.

This project is located on the Bessey Ranger District approximately 1 mile west of Halsey, NE on US Highway 2.

PRICE RANGE FOR BID ITEM 4 PLUS OPTION ITEM IS BETWEEN $ 100,000 AND

$250,000

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

(For this Solicitation Package there are NO clauses in this section)

SECTION E - Inspection and Acceptance

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

52.246-12 Inspection of Construction. (APR 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not -

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer.

The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary.

The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may -

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately.

Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(End of clause)

SECTION F - Deliveries or Performance

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - BID ITEM 1, BID ITEM 2, BID ITEM 3 and BID ITEM 4

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use for Bessey Recreational Sites, Natick and Bessey Pool is 60 calendar days from Notice to Proceed and Scott Tower is 90 calendars days from Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

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

Within 7 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

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

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

The maximum workweek that will be approved is to be coordinated with the COR and approved by the Contracting Officer.

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.

52.225-21 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:

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)

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

(MAR 2009)

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

"Domestic construction material" means-- (1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States.

"Foreign construction material' means a construction material other than a domestic construction material.

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

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

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

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

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

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

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

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

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

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

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

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

'Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.

"United States' means the 50 States, the District of Columbia, and outlying areas.

"Unmanufactured construction material' means raw material brought to the construction site for incorporation into the building or work that has not been--

(1) Processed into a specific form and shape; or

(2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials.

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

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

or

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

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

(i) Section 1605 of the Recovery Act by requiring, unless an exception applies, that all iron, steel, and other manufactured goods used as construction material in the project are produced in the United States; and

(ii) The Buy American Act by providing a preference for unmanufactured domestic construction material.

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

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

NONE

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

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

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

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Cost;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Cost Comparison

Construction material description Quantity Unit of measure Cost (dollars)*

Item 1:

Foreign construction material [ ] Domestic construction material [ ]

Item 2:

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.)

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

52.202-1 Definitions. (JUL 2004)

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

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

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

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

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

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

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

(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.

52.204-7 Central Contractor Registration. (APR 2008)

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

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

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern.

(D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the CCR database" means that--

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

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

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

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

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

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

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun…