AG-82B1-S-10-0267.doc

AG-82B1-S-10-0267

2Supplies or Services and Prices/Costs Schedule of Items

2B-1 Schedule of Items

3Description/specifications/Statement of Work

15452.211-72 Statement of Work/Specifications. (FEB 1988)

15452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

15Packaging and Marking

15Inspection and Acceptance

16Deliveries or Performance

1652.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

1652.242-14 Suspension of Work. (APR 1984)

16452.236-75 Maximum Workweek - Construction Schedule. (NOV 1996)

17Contract Administration Data

17Special Contract Requirements

1752.204-11 American Recovery and Reinvestment Act--Reporting Requirements. (MAR 2009)

2052.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials. (MAR 2009)

2352.225-22 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials. (MAR 2009)

2452.225-23 Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials under Trade Agreements. (AUG 2009)

2852.225-24 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials under Trade Agreements. (MAR 2009)

29452.236-77 Emergency Response. (NOV 1996)

29Contract Clauses

3052.204-7 Central Contractor Registration. (APR 2008)

3252.222-5 Davis-Bacon Act--Secondary Site of the Work. (JUL 2005)

3352.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees. (DEC 2004)

3552.225-9 Buy American Act - Construction Materials. (FEB 2009)

3852.228-1 Bid Guarantee. (SEP 1996)

3952.236-1 Performance of Work by the Contractor. (SEP 2006)

3952.236-8 Other Contracts. (APR 1984)

4052.244-6 Subcontracts for Commercial Items. (AUG 2009)

4152.245-2 Government Property Installation Operation Services. (JUN 2007)

4252.252-2 Clauses Incorporated by Reference. (FEB 1998)

42452.228-70 Alternative Forms of Security. (NOV 1996)

42List of Documents, Exhibits, and Other Attachments

42Representations, Certifications, and Other Statements of Offerors or Respondents

4252.204-8 Annual Representations and Certifications. (FEB 2009)

4652.209-5 Certification Regarding Responsibility Matters. (DEC 2008)

4852.219-28 Post-Award Small Business Program Rerepresentation. (APR 2009)

4952.223-1 Biobased Product Certification. (DEC 2007)

4952.223-13 Certification of Toxic Chemical Release Reporting. (AUG 2003)

50452.219-70 Size Standard and NAICS Code Information. (SEP 2001)

51Instructions, Conditions, and Notices to Offerors or Respondents

5128.102 Performance and payment bonds and alternative payment protections for construction contracts.

5152.216-1 Type of Contract. (APR 1984)

5152.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999)

5252.225-10 Notice of Buy American Act Requirement - Construction Materials. (FEB 2009)

5352.233-2 Service of Protest. (SEP 2006)

54Evaluation Factors for Award

5414.101 Elements of sealed bidding.

5452.214-19 Contract Award - Sealed Bidding - Construction. (AUG 1996)

Supplies or Services and Prices/Costs Schedule of Items

Sqaylth-kwum Trail #520 Trail Reconstruction and Construction

Plains Ranger District, Lolo National Forest

Sanders County, Montana

B-1 Schedule of Items

This Task Order will be for the reconstruction and construction of a hike/pack trail in a non-motorized area of the Plains Ranger District. The work includes tread restoration; new construction: clearing and grubbing, tree removal, excavation and embankment; maintenance and construction of drainage structures (waterbar maintenance and installation and dip construction), switchback and retaining wall construction, intermittent stream fords, and miscellaneous hourly work items.

Pay

Item

Sub-Total

**Designated Method of Measurement: AQ – Actual Quantities, LSQ – Lump Sum Quantities, CQ – Contract Quantities (previously known as Design Quantities)

PROPOSED DELIVERY SCHEDULE: September 30/ 2010

Description/specifications/Statement of Work

(a) Description of Work. This Task Order will be for the reconstruction and construction of a hike/pack trail in a non-motorized area of the Plains Ranger District. The work includes trail tread restoration, clearing and grubbing, tree removal, excavation and embankment, drainage structures (waterbar installation and dip construction), switchback and retaining wall (rock and gabion) construction, 2 shallow stream crossings, and miscellaneous hourly work items.

This work requires trail reconstruction and construction to full specification and related work in compliance with its terms, specifications and provisions. The contractor shall furnish all labor, equipment, supervision, transportation, operating supplies and incidentals to perform all work necessary.

All rules and regulations pertaining to travel restrictions and other activities on National Forest lands shall be adhered to during the performance of the work. Examples are weed free hay requirements, food storage in bear country, and travel and camping restrictions in effect in certain areas.

(b) Project Location. The Project is located in the northwest corner of the Plains/Thompson Falls District (see Vicinity and Project Area maps). Directions from the Plains Ranger District: south access to the Project: Drive north on the Upper Lynch Rd. ½ mile; turn west on Krueger Ln. for ½ mile; turn north onto Hwy 200 for 24 miles to Thompson Falls; take first right for .1 mile; left onto Preston Ave. .1 mile; right onto N. Ferry Street .2 mile; left on Fourth Ave. .1 mile; right on N. Columbia St. for 2 miles; right at Weber Gulch Trailhead sign; continue 1 mile to the Trailhead. Proceed up the Thompson-Headley Trail # 450 to the Sqaylth-kwum #520 junction, approximately .1 mile north.

north access to the Project: Drive north on the Upper Lynch Road ½ mile; turn west on Krueger Ln. for ½ mile; turn north onto Hwy 200 for 22 miles; turn north on Thompson River Rd. #603 for 8 miles; continue west to the Four Lakes Trailhead 8.5 miles; follow Trail # 460 for 3 miles; take Trail # 450 west 1 mile to Squaw Pass; take Trail #1512 to the trail junction with Trail #1510 where the Sqaylth-kwum Trail #520 new construction ends. (see maps).

(c) Estimated Price Range: Under $135,000 - $175,000.

(d) Time of Performance: 150 calendar days (to begin approximately April 15, 2010.)

(e) All stakes and flagging shall be removed from National Forest land by the Contractor on completion of the work, but not prior to acceptance.

(f) Site Visit: No site visit is planned for this project. For further information, please contact Mark Smith at the Plains Ranger District, 406-826-3821.

(g) Start Work: Contractor shall propose a work schedule for this project.

C- 2 Government-Furnished Property:

The Government will supply blasting materials and a Government certified Blaster if needed. There is no blasting in this Contract.

C- 3 Standard Specifications "Standard Specifications for Construction of Trails" September 1996 are included in the contract by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any Task Order Issued.

C-4 Drawings and Maps

Vicinity Map

Project Area Maps

Index and Drawings

Work List

C-5 Camping and Use of Stock

Camping will be permitted at locations designated by the Contracting Officer’s Representative (C.O.R.). (See additional requirements in C-6) A camp management plan must be submitted to and approved by the Contracting Officer prior to occupying any camp on national Forest land. Camping is restricted to low impact camping methods. The plan shall address camp location, low impact methods, food storage, stock use and containment, and disposal of garbage and human and animal wastes.

Burnable attractants shall not be buried or burned in campfires. (The burning of leftover food is not recommended. Leftover food or waste should be placed in a sealed bag or container and packed out with garbage.) If leftover food or other attractants must be burned, burning in a contained fire stove or in an appropriate container over a campfire is acceptable. The unconsumed attractants shall be placed with other garbage and packed out. Paper trash may be burned completely to ash in a campfire or contained fire stove. (See additional information on grizzly bear avoidance in C-6)

Riding and pack stock may be used to transport personnel, supplies, materials, and equipment to, from, and within the project area. Commonly accepted, low impact stock handling techniques shall be used to minimize the impact from stock on National Forest land. Stock use on National Forest land is restricted as follows:

(1) Stock shall not be tied to trees except for brief periods, less than 1 hour, for loading and unloading. For longer periods, low impact high-line methods or electric fence type corrals shall be used.

(2) Stock kept overnight shall be limited to the number needed to accomplish project work.

(3) Stock will not be permitted to graze. All stock feed shall be provided by the Contractor and shall be certified free of weed seeds.

C-6 Grizzly Bear Management and Protection Plan

1. Camping will be permitted only in locations approved in advance by the C.O. R. A specific campsite or location may not be occupied for more than a total of 10 nights in a season, or as approved by the C.O.R.

2. The Contractor will observe all restrictions in the current Lolo Motor Vehicle Use Map.

3. Use of livestock needs to be approved in advance. Pets shall not accompany the contractor.

4. All food, garbage, and toiletries must be made unavailable to bears except while it is actually being transported, prepared or consumed. This will be accomplished by use of a combination of the following approved methods:

A. Store all food in a Forest Service approved, bear-resistant container.

B. Store all food out of reach of grizzly bears by hanging in a tree a minimum of 10 feet vertically above the ground and four feet horizontally from any tree.

C. Store all food out or reach of grizzly bears by placing on a temporary platform tied between two trees at least 10 feet above the ground and four feet from any other tree.

5. No hunting will occur on trips used to construct trail.

6. All eating/cooking implements will be washed immediately following use or will be stored as in paragraph four.

7. Wash water will be dumped on the ground a minimum of 100 yards from camps, trails or water sources.

8. Cooking areas/tents will be separated from sleeping tents/areas. No cooking will be done in sleeping tents. Food/toiletries will not be stored or consumed in tents used for sleeping.

9. Fish are a potential grizzly bear attractant and should be consumed immediately. Entrails, bones, etc., should be left on the ground a minimum of 100 yards and down slope from any camp, trail or water source and out of sight.

10. The Contractor is responsible for making their employees aware that the area is essential to grizzly bears, that grizzly bear/human encounters are a possibility, and that proper techniques of food handling and storage and traveling and camping are required.

11. Suggestions for minimizing the potential for direct grizzly bear/human conflicts are explained in the educational brochures available at the Plains Ranger District. The Contractor is responsible for making this information available to his/her employees.

12. The Contractor will report all potential grizzly bear sightings or sign as well as any human/grizzly bear conflicts within 24 hours to the District Ranger.

13. Contract activities may need to be modified if consistent grizzly bear activity is observed near the work site. The Contractor will contact the C.O.R. to discuss a modification to the scheduled work.

C-7 SPECIAL PROJECT SPECIFICATION

TRAIL OPENING

(1) Opening: the trail travel way shall be a minimum of (8) feet wide, either side of which shall not be less than three (4) feet from the trail centerline. The minimum height of the opened travel way shall be ten (10) feet.

(2) Downed and Leaning Trees: all downed trees shall be cut to the width of the travel way (8) feet and the cut material removed to the lower side of the trail. This includes any part of a tree extending into the tread. Do not cut out logs to the full width on the downhill side. Leave to hold the tread. This will not include logs embedded in the ground which act as drainage control structures. The portion of tree that remains on the upper side of the trail shall be either placed to prevent rolling into the trail or moved across and off the travel way to the lower side of the trail. No clearing by blasting shall be permitted.

(3) Limbs: all limbs extending into the travel way originating from trees rooted outside the travel way will be cut where they enter the clearing limits. All limbs extending into the travel way and originating from trees rooted inside the travel way will be cut flush with the trunk of the tree. All limbs will be cut flush and clean with a saw. No tearing of the bark shall be permitted. All resultant limbs and materials will be thrown beyond the clearing limits on the downhill side.

(4) Brush: the trail tread is an 18 to 24 inch pathway. All brush within the trail travel way exceeding 18 inches above ground level on the uphill side of the trail and 18 inches above trail tread on the downhill side of trail or flat trail sections shall be cut. Small trees less than 10 feet in height within the travel way shall be cut. All cut material shall be cut at or near the ground level (not more than 6 inches above ground level, measured on the uphill side). All cut brush greater than 30 inches in length and or greater than ¼ inch in diameter on the cut end, shall be disposed of by scattering off the travel way along the downhill side of the trail.

(5) Rock Removal: all loose rock greater than 4 inches in any dimension will be removed from the tread and disposed of on the downhill side of the tread. Rocks that form the tread (i.e. talus) will be left in place.

(6) Hazard Trees: hazard trees, leaners, and snags located within or outside the travel way that lean toward and are likely to fall into the travel way shall be cut and disposed of according to the specifications for (2) Downed and Leaning Trees. All tree stumps shall be cut less than 6 inches above ground measured on the uphill side.

(7) Drainage: waterbars and grade dips will be cleaned by removing accumulated dirt, rocks, and debris from the upgrade side to provide effective drainage. Debris will be placed on the downhill side. The spillway outlet of water bars and grade dips shall be cleaned of all obstructive material to ensure adequate drainage. Culverts shall be cleaned of obstructive material to flow freely.

Small Trees: all trees less than 10 feet tall and rooted in the eight foot wide corridor will be cut at or near ground level (stump: 6 inches maximum height, measured on uphill side) and disposed of outside the travel way on the downhill side.

INDEX OF DRAWINGS

Trailbed and Slope Finish

Rolling Dip 912-2

912-5 (A)

Grade Dip

Rolling Dip

Shallow Stream Ford or Gully Crossing, Rock Structure 912-4

912-5

912-7

Outsloped Climbing Turn

Turnpike – Type I 912-10

913-1 (A)

Existing Trail Restoration

Culvert Without Headwalls 915-1

921-2

Sqaylth-kwum #520 – Reconstruction -- Work List

Begin Reconstruction of Sqaylth-kwum Trail #520 at junction with Thompson-Headley Trail # 450. Begin Trail Opening and Maintenance item.

0+00

1+00

Area Restriction sign, no work.

2+00

Existing Drain Dip

3+58

Existing WB, clean

4+95

Natural Dip, no work

6+45

Natural Dip, no work

9+65

Existing WB, clean

11+00

Existing WB, clean

14+15

Existing WB, clean

16+15

R.P. Center of Saddle

29+35

Natural Dip, no work

34+00

Begin tread restoration

35+65

End tread restoration, 165'

42+25

R.P. Dry Draw (seasonal runoff), no work

45+35

Remove snag from uphill slope (approx. 12" dia.)

49+05

Remove snag from uphill slope (approx. 16" dia.)

49+90

Begin tread restoration

50+45

End tread restoration, 55'

54+10

Begin tread restoration

54+95

End tread restoration, 85'

55+50

Existing WB, clean

56+25

Replace existing native WB

56+80

Begin tread restoration

57+30

End tread restoration, 50'. Existing WB, clean

57+65

Begin tread restoration

58+15

End tread restoration, 50'

58+70

Replace existing native WB

59+75

Replace existing native WB

60+20

Begin tread restoration

61+10

End tread restoration, 90'

61+65

Begin tread restoration

65+15

End tread restoration

66+15

Begin tread restoration

67+85

End tread restoration

68+40

Begin tread restoration

68+95

Install native WB

69+40

End tread restoration

71+60

Remove live tree uphill (approx. 10" dia)

72+05

Remove live tree uphill (approx. 14" dia)

72+55

Replace existing native WB

72+95

Replace existing native WB

82+55

Existing native WB, clean

84+20

Remove live tree uphill (approx. 14" dia)

88+25

Replace existing native WB

91+55

Replace existing native WB

93+55

Install native WB

93+75

Existing native WB, clean

94+80

Existing native WB, clean

102+40

Natural Dip, no work

103+75

R.P. FS Boundary

105+75

Install native WB

107+35

Replace existing native WB

108+30

Replace existing native WB

108+95

Existing Switchback, no work

110+10

Existing Switchback, no work

111+95

Replace existing native WB

113+20

Natural Dip, no work

113+90

Replace existing native WB

116+75

Replace existing native WB

136+75

R.P. (flat to rolling grade, no work)

147+05

R.P. Section corner marker

153+05

Edge of main creek, armor 4' along bank where tread enters water. (Hourly work.)

153+25

Edge of main creek, armor 4' along bank where tread enters water. (Hourly work.)

153+95

Junction with private land, user trail left.

154+95

Begin tread restoration

155+40

End tread restoration

155+80

Begin tread restoration

157+40

End tread restoration

157+70

Begin Turnpike

157+82

Install 8" smooth interior PE culvert

158+08

End Turnpike.

158+23

Install WB, end ditch.

163+35

Begin tread restoration

163+90

End tread restoration

164+80

Begin tread restoration

167+80

End tread restoration

169+30

R.P. Waterfall viewpoint

170+20

Remove boulder on right side of tread to improve alignment.

173+95

Begin tread restoration

175+50

End tread restoration

176+65

Begin tread restoration

177+55

End tread restoration

178+75

Begin tread restoration

179+05

End tread restoration

179+50

Begin Turnpike along bank of creek, use rock retainers (on right side use 150-200# rocks), Fill base course to 12" depth at center, (8" minus rock rubble available within 100' of site.) Fill top course with 3" minus rock. Blend in material at beginning and end to make a smooth transition from existing tread.

179+87

End Turnpike.

181+90

Begin tread restoration

182+20

End tread restoration

183+28

Begin Turnpike.

183+39

Install 8" smooth interior PE culvert

183+77

Install 8" smooth interior PE culvert

183+90

End Turnpike.

183+95

Roll boulder on left to the edge of creek and out of the trailway.

184+05

Install WB.

185+25

Install WB.

185+70

Begin tread restoration

187+50

End tread restoration

190+35

Construct Drain Dip.

191+10

Begin tread restoration

191+35

Install WB, with 10' outlet ditch.

191+50

End tread restoration

192+40

R.P. Waterfall viewpoint.

192+90

Begin tread restoration

193+40

Reconstruct existing Dip.

194+40

Edge of tributary 12' wide, good ford.

195+70

End tread restoration

198+30

Begin tread restoration

202+60

Construct Rock Retaining Wall, 24" x 12' long

203+30

Install wire basket gabions, 3' x 3' x 18' long.

203+50

End gabion section

203+75

End tread restoration

204+15

Install WB.

206+85

Construct Drain Dip.

207+50

Construct Drain Dip.

207+90

Begin tread restoration

210+90

End tread restoration

212+90

Begin tread restoration

214+85

Begin wire basket gabions, 3' x 3' x 18' long

215+05

End gabion section

215+35

End tread restoration

216+05

Begin brushing.

216+35

Begin tread restoration

217+90

End tread restoration

218+65

Begin tread restoration

221+25

End tread restoration

227+95

Construct Drain Dip. Begin tread restoration.

234+45

End tread restoration

235+30

Begin tread restoration

241+50

Edge of tributary 12' wide, Construct shallow ford. End tread restoration

242+45

R.P. Camp site

246+15

Install WB.

254+50

Existing Switchback, no tread work. End Trail Opening item.

275+50

Existing Switchback, reconstruct.

286+50

Existing Switchback, reconstruct.

288+30

Existing Switchback, no work.

295+50

Existing Switchback, no work.

301+00

Existing Switchback, reconstruct.

307+20

Existing Switchback, reconstruct.

313+25

Existing Switchback, reconstruct.

315+75

Begin 305’ reroute / new construction at existing Switchback

317+35

Construct Switchback.

318+80

End reroute / new construction at existing Switchback.

322+30

End Existing Trail. Begin New Construction.

Sqaylth-kwum #520 – Construction -- Work List

0+00

Begin Construction of Sqaylth-kwum Trail #520 at the end of the existing trail. Begin Items 911(02) and 912(01)

10+10

Construct Switchback. Construct rock retaining wall 3' high x 10' long.

21+00

Construct Climbing Turn.

66+85

Construct Switchback. Construct rock retaining wall 3' high x 10' long.

91+10

Construct Switchback on ridge.

123+45

Intermittent stream, construct shallow ford.

138+50

Construct Switchback. Construct rock retaining wall 2' high x 10' long.

186+00

End Construction. End Project.

Project Notes:

Sqaylth-kwum #520 centerline is marked with fluorescent pink flagging and survey stakes. The Contractor will make no variation in the location beyond the 912 specification tolerance without prior approval by the C.O.R. The trail grade varies primarily between 12% and 15%, with short sections of either lesser or greater grade. The location avoided many rock outcrops, but construction through some rocky areas is inevitable. In sections where rock must be blasted to meet specification, the blasting will be done by a certified Forest Service Blaster. Excavation and grubbing will be completed before blasting is requested.

Waterbars and Turnpike material: All waterbars and turnpikes in this contract will be constructed with native logs or rock according to specifications and the drawings. The Contractor may choose the material depending on availability. Species of native logs will be Douglas fir, larch, or cedar only. No logs will be cut within 25 feet of streambanks.

Rolling Dips and Grade Dips: Grade dips shall be constructed in new construction and will be paid as a separate item. Rolling dips shall be constructed in existing trail tread.

Trail Opening and Maintenance: The Trail #520 was sawed open and brushed late in the 2009 season, but the weather and hunting season prevented a completed project. The Work List specifically denotes sections that have not been brushed and these would be classified as medium brushing. Otherwise, the brushing would be considered light.

Laborer: Forty hours of a Laborer are included in this Contract to cover miscellaneous items such as assisting the Government Blaster (if necessary); and rock removal.

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

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

(End of Clause)

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

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

(End of Clause)

Packaging and Marking

RESERVED

Inspection and Acceptance

52.246-12 Inspection of Construction. (APR 1996)

Deliveries or Performance

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

The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 150 calendar days The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.242-14 Suspension of Work. (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed -

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

(End of clause)

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

Within 5 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

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

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

The maximum workweek that will be approved is to be coordinated with the COR and approved by the Contracting Officer. No work shall be performed under this contract on Federal Holidays.

(End of clause)

Contract Administration Data

452.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 5 days after the date of contract award. The conference will be held at: a location to be determined upon the scheduling of the conference after contract award.

(End of Clause)

Special Contract Requirements

52.204-11 American Recovery and Reinvestment Act--Reporting Requirements. (MAR 2009)

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

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

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

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

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

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

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

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

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

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

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

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

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

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

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

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

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

(4) Program or project title, if any.

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

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

(vi) Funding agency.

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

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

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

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

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

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

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

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

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

(End of clause)

52.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials. (MAR 2009)

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

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

"Domestic construction material" means--

(1) An unmanufactured construction material mined or produced in the United States; or

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

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

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

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

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

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

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

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

(b) Domestic preference. (1) This clause implements--

(i) Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by requiring, unless an exception applies, that all iron, steel, and other manufactured goods used as construction material in the project are produced in the United States; and

(ii) The Buy American Act (41 U.S.C. 10a-10d) by providing a preference for unmanufactured domestic construction material.

(2) The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraph (b)(3) and (b)(4) of this clause.

(3) This requirement does not apply to the construction material or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate "none"]

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

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

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

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

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

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

(c) Request for determination of inapplicability of Section 1605 of the Recovery Act or the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including--

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

(B) Unit of measure;

(C) Quantity;

(D) Cost;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

(3) Unless the Government determines that an exception to section 1605 of the Recovery Act or the Buy American Act applies, use of foreign construction material is noncompliant with section 1605 of the American Recovery and Reinvestment Act or the Buy American Act.

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

Foreign and Domestic Construction Materials Cost Comparison

Construction material description Quantity Unit of measure

Cost (dollars)*

Item 1:

Foreign construction material [ ]

Domestic construction material [ ]

Item 2:

Foreign construction material [ ]

Domestic construction material [ ]

(List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.)

(Include other applicable supporting information.)

(* Include all delivery costs to the construction site.)

(End of clause)

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

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

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

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

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

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

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

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of provision)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Aruba,…