AG-82B1-S-10-0272.doc

AG-82B1-S-10-0272

3Supplies or Services and Prices/Costs Schedule of Items

4Description/specifications/Statement of Work

9452.211-72 Statement of Work/Specifications. (FEB 1988)

9Packaging and Marking

9Inspection and Acceptance

9Deliveries or Performance

952.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

1052.242-14 Suspension of Work. (APR 1984)

10452.236-75 Maximum Workweek - Construction Schedule. (NOV 1996)

10Contract Administration Data

11Special Contract Requirements

1152.204-11 American Recovery and Reinvestment Act--Reporting Requirements. (MAR 2009)

1452.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials. (MAR 2009)

1752.225-22 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials. (MAR 2009)

1852.225-23 Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials under Trade Agreements. (AUG 2009)

2152.225-24 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials under Trade Agreements. (MAR 2009)

23452.236-77 Emergency Response. (NOV 1996)

23Contract Clauses

2352.204-7 Central Contractor Registration. (APR 2008)

2652.214-29 Order of Precedence - Sealed Bidding. (JAN 1986)

2652.222-5 Davis-Bacon Act--Secondary Site of the Work. (JUL 2005)

2752.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees. (DEC 2004)

2952.225-9 Buy American Act - Construction Materials. (FEB 2009)

3252.228-1 Bid Guarantee. (SEP 1996)

3352.236-1 Performance of Work by the Contractor. (SEP 2006)

3452.236-8 Other Contracts. (APR 1984)

3452.244-6 Subcontracts for Commercial Items. (AUG 2009)

3652.245-2 Government Property Installation Operation Services. (JUN 2007)

3652.252-2 Clauses Incorporated by Reference. (FEB 1998)

36452.228-70 Alternative Forms of Security. (NOV 1996)

37List of Documents, Exhibits, and Other Attachments

37Representations, Certifications, and Other Statements of Offerors or Respondents

3752.204-8 Annual Representations and Certifications. (FEB 2009)

4152.209-5 Certification Regarding Responsibility Matters. (DEC 2008)

4352.219-28 Post-Award Small Business Program Rerepresentation. (APR 2009)

4452.223-1 Biobased Product Certification. (DEC 2007)

4452.223-13 Certification of Toxic Chemical Release Reporting. (AUG 2003)

45452.219-70 Size Standard and NAICS Code Information. (SEP 2001)

45Instructions, Conditions, and Notices to Offerors or Respondents

4528.102 Performance and payment bonds and alternative payment protections for construction contracts.

4652.216-1 Type of Contract. (APR 1984)

4652.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999)

4752.225-10 Notice of Buy American Act Requirement - Construction Materials. (FEB 2009)

4852.233-2 Service of Protest. (SEP 2006)

4852.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

49Evaluation Factors for Award

4914.101 Elements of sealed bidding.

4952.214-19 Contract Award - Sealed Bidding - Construction. (AUG 1996)

Supplies or Services and Prices/Costs Schedule of Items

Access Management Implementation

Coeur d’Alene River Ranger District

Idaho Panhandle National Forests Kootenai / Shoshone Counties, Idaho

B-1 - SCHEDULE OF ITEMS.

Contractor must bid on all items.

BASE ITEM NO.

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

Item Total

OPTION ITEM NO.

Item Total

B-2 - NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 15101 Mobilization.

*Designated Method of Measurement: DQ – Designed Quantities; AQ - Actual Quantities; LSQ - Lump Sum Quantities.

Description/specifications/Statement of Work

C-1 - PROJECT DESCRIPTION AND LOCATION.

(a) - Description of Work. This solicitation describes road and trail closure work by installing a variety of closure devices. Base Item work includes installing closure devices consisting of four types of gates, ecology block barriers, earth barriers, and rock barriers. It also includes furnishing and delivering ecology blocks to a designated location. Option Item work includes furnishing and delivering rock to designated locations and is initiated at the discretion of the Contracting Officer. The Contractor shall furnish labor, equipment, supervision, transportation, supplies, and incidentals (except Government-provided sources) to perform all work specified herein.

(b) - Project Location. Multiple locations across the Coeur d’Alene River Ranger District. The road and trail closures are located as follows:

Bunco Road Area

Road 209 South. From the Coeur d’Alene River Ranger District travel East on County Road 108 for 5.8 miles where County Road 108 becomes Forest Road 268. Travel 5.0 miles on Forest Road 268 to its junction with Forest Road 612 at Fernan Saddle. Continue on Forest Road 612 for 10.9 miles and turn left (North) on Forest Road 209. Travel 10.0 miles to the junction of Forest Roads 209 and 385 and the barrier location. Road 209 is not drivable North of the closure site. Section 17 of T.52N. R.1W.

Road 209 North. From the closure location on Road 209 travel 4.8 miles South and turn left on Forest Road 534. Travel 3.3 miles to Walker Saddle and continue another 4.2 miles on Road 534 to Cascade Saddle. Turn left (North) on Forest Road 258 and travel 7.0 miles and turn left on Forest Road 332 (Bunco Road). Travel 3.0 miles West and turn left on Forest Road 209 and the barrier location. Section 25 of T.53N. R.2W.

Roads 1590UR. From the junction of Forest Roads 209 and 534 on Forest travel 3.3 miles to Walker Saddle and continue another 4.2 miles on Road 534 to Cascade Saddle. Turn left (North) on Forest Road 258 and travel 1.3 miles and turn left on Forest Roads 1590UR and the barrier locations. Section 23 of T.52N. R.1W.

Canfield Mountain Area

Trail 30.A. From the Coeur d’Alene River Ranger District travel East on County Road 108 for 5.8 miles where County Road 108 becomes Forest Road 268. Travel approximately 3.0 miles on road 268 and turn left (Northwest) on Forest Road 1593P. Travel 0.8 miles to the gate location. Section 26 of T.51N. R.3W.

Trails 30.6 and 30.7. From the Coeur d’Alene River Ranger District travel West on Sherman Ave. 0.5 miles and turn right (North) on 15th St. Travel 1.1 miles to Nettleton Gulch Rd. and turn right (Northeast). Continue on this road (becomes Forest Road 1562) for 2.2 miles to the trailhead parking lot. A gate exists on Road 1562 at the trailhead parking lot. Continue on Road 1562 for 3 miles to the gate locations. Section 28 of T.51N. R.3W.

4th of July Pass Area

Road 3097 Spur. From the Coeur d’Alene River Ranger District travel 13.0 miles East on I-90 and take Exit 28 (4th of July Pass). Turn right on Forest Road 3097 and travel 2.0 miles. Turn right on Forest Road 3097 Spur and the barrier location. Section 32 of T.50N. R.1W.

Road 3094. From the 4th of July Pass turn right on Forest Road 3097 and travel 2.8 miles to Mason Saddle. Turn left on Forest Road 3094 and the first gate location. Travel 1.7 miles North on Road 3094 to the second gate location. Road 3094 is drivable. Section 32 of T.50N. R.1W.

Road 90UA. From the 4th of July Pass travel 0.8 miles East and turn off the highway at a large turnout (Reserve Creek). Road 90UA is at the West end of the turnout. Section 7 of T.49N. R.1W.

Glidden Lakes Area

Road 615. This road closure site can only be accessed from Montana. From Thompson Falls Montana travel West for 12 miles on Highway 7 and turn left on Forest Road 7623. Travel 6 miles to Cooper Pass and continue for 1.3 miles to Forest Road 615. Turn left and travel 0.2 miles to a weight restricted bridge. The bridge has a 3 ton load limit. Travel and additional 0.4 miles to the barrier location. Section 17 of T.48N. R.6E.

Grizzly Mountain Area

Road 260 South. From 4th of July Pass travel East on I-90 for 15 miles and take Exit 43 (Kingston). Turn left onto Forest Highway FH9 and travel 5.2 miles to Bumblebee Cutoff and turn left (North) on Road 209. Travel 0.2 and turn right (East) on County Road 1-C. Travel 6 miles upriver and turn left (North) on Forest Road 961. Travel 5.9 miles to Eighty Day Saddle and the barrier location on Road 260. Section 7 of T.50N. R.3E. Road 260 is not drivable North of the closure site.

Road 260 North. From the junction of County Road 1-C and Forest Road 961 travel 6 miles up river on Road 1-C and turn left (North) on Forest Road 207. Travel 5.2 miles to Brown Creek Saddle and head Northwest on Forest Road 994 for 7.9 miles to the junction of Forest Roads 994 and 993. Continue West on road 993 for 2.0 miles and and turn left (South) on Forest Road 260 and the barrier location. Section 32 of T.51N. R.3E.

Leiberg Saddle Area

Road 6922. From the Coeur d’Alene River Ranger District travel East on County Road 108 for 5.8 miles where County Road 108 becomes Forest Road 268. Travel 5.0 miles on Forest Road 268 to its junction with Forest Road 612 at Fernan Saddle. Continue on Forest Road 612 for 10.9 and turn right on Forest Road 209. Travel 5.1 miles and turn left (North) on Forest Road 422. Travel 1.8 miles and and turn left on Forest Road 6922 and the gate location. Section 29 of T.51N. R.1E.

Roads 1519 and 6904. From the junction of Forest Roads 209 and 422 travel 6.2 miles to Leiberg Saddle and the gate locations on Forest Roads 1519 and 6904. Section 10 of T.51N. R.1E.

Road 1517. From Leiberg Saddle travel West for 4.6 miles on Forest Road 261 to Tie-Lavin Saddle. Turn left on Forest Road 1517 and the gate location. Section 17 of T.51N. R.1E.

Road 962. From Leiberg Saddle travel Southeast for 3.6 miles on Forest Road 260 to Stull Saddle. Continue Northeast on Road 260 for 4.8 miles and turn right on Forest Road 962 and the barrier location. Section 18 of T.51N. R.2E.

Road 1592. From Leiberg Saddle travel Southeast on Forest Road 260 for 1.5 miles and turn left on Forest Road 1592 and the gate location. Section 14 of T.51N. R.1E.

Magee Ranger Station Area

Road 911G. From Leiberg Saddle travel North on Forest Road 422 for 2.1 miles and turn left on Forest Road 911. Travel 1.5 miles on Road 911 and turn right on 911G and and the barrier location. Section 3 of T.51N. R.1E.

Trail 6736. From the junction of Forest Roads 422 and 911 turn onto Road 911 and travel 6.1 miles to the junction of Forest Road 911 and Trail 6736 and the barrier location. Section 4 of T.51N. R.1E.

Road 1564. From Leiberg Saddle travel North on Forest Road 422 for 3.6 miles and turn right (South) on Forest Road 812. Travel 1.1 mile and turn left on Forest Road 6749 and travel 5.1 miles to Riley Saddle. Travel 2.8 miles Northeast on Forest Road 260 and turn left on Forest Road 1564 and the gate location. Section 9 of T.51N. R.2E.

Road 1563. From Riley Saddle travel 4.1 miles Northeast on Forest Road 260 and and turn left (North) on Forest Road 265. Travel 0.8 miles and turn left on Forest Road 1563 and the gate location. Section 4 of T.51N. R.2E.

Road 265A From the junction of Forest Roads 260 and 265 turn left (North) on Forest Road 265. Travel 3.6 miles and turn left on Forest Road 265A and the gate location. Section 27 of T.52N. R.2E.

Road 2379. From Riley Saddle travel 4.1 miles Northeast on Forest Road 260 and and turn left (North) on Forest Road 265. Travel 4.8 miles (North) on Forest Road 265 and turn left on Forest Road 2379 and the gate location. Section 22 of T.52N. R.2E.

Road 925. From the Magee Ranger Station travel 3.9 miles north on Forest Road 6310 and turn left on Forest Road 3099. Travel 0.3 miles and turn left on Forest Road 925. Travel 0.9 miles to the barrier locations. Section 4 of T.52N. R.2E.

Road 927 North. From the Magee Ranger Station travel 3.4 miles Northwest on Forest Road 534 and turn right on Forest Road 436. Travel 8.6 miles to the junction of Forest Roads 258, 436, and 927 and turn left (South) on Forest Road 927 and the barrier location. Road 927 is not drivable. Section 13 of T.52N. R.1W.

Road 927 South. From the junction of Forest Roads 258, 436, and 927 and turn left (South) on Forest Road 258 and travel 2.2 miles and turn left on Forest Road 459. Travel 2.1 miles and turn left on Forest Road 927 and the barrier location. Section 26 of T.52N. R.1W.

North Area

Trail 452. From the junction of Forest Roads 209 and 332 (Bunco) travel 22.4 Northeast on Road 332 and turn right (South) on Forest Road 306. Travel 9.8 miles South and turn right (West) on Trail 452 and the barrier location. Section 32 of T.54N. R.2E.

Road 3092. From the junction of Forest Roads 332 and 306 travel 7.6 miles East on Road 332 and turn right (South) on Forest Road 3092 and the closure location. Section 14 of T.54N. R.2E.

Road 3096. From the closure site on Road 3092 travel 1.5 miles East on Road 332 and turn right (South) Forest Road 3096 and the gate location. Section 13 of T.54N. R.2E.

Shoshone Creek Area

Road 799. From Exit 43 (Kingston) travel upriver 23.1 miles on FH9 to the Prichard. At the “Y” bear left and continue 6.1 miles on Forest Road 208 and turn right on Forest Road 412. Travel 9.3 miles on Road 412 and turn right on Forest Road 799 and the gate location. Section 32 of T.52N. R.4E.

Road 948 North. From the junction of Forest Roads 208 and 412 travel 13.2 miles North on Road 412 and turn left on Forest Road 948 and the gate location. Section 7 of T.52N. R.4E.

Road 948 South. From the junction of Forest Roads 208 and 412 travel 10.2 miles North on Forest Road 412 and turn left on Forest Road 947. Travel 1.0 mile and turn right (North) on Forest Road 948 and the gate location. Section 32 of T.52N. R.4E.

Southwest Area

Road 1575E. From the Coeur d’Alene River Ranger District travel 6.6 miles on I-90 to Exit 22 (Wolf Lodge). Exit the highway and turn right (South) onto State Highway 97 and travel 2.3 miles and turn left on Forest Road 438. Travel 0.4 miles and turn left on Forest Road 1575. Travel 4.1 miles and turn right on Forest Road 1575E and the barrier location. Section 7 of T.49N. R.2W.

Road 2336. From Exit 22 (Wolf Lodge) travel 6.0 miles east on I-90 and take Exit 28 (4th of July). Turn right on Forest Road 614 and travel 3.1 miles South and turn left on Forest Road 2336 and the gate location. Section 14 of T.49N. R.2W.

Steamboat Area

Road 910. From Exit 43 (Kingston) turn left onto Forest Highway FH9 and travel 5.2 miles to Bumblebee Cutoff and turn left (North) on Road 209. Travel 0.2 and turn right (East) on County Road 1-C. Travel 6 miles upriver and turn left (North) on Forest Road 400. Travel 6.4 miles and turn right on Forest Road 959. Travel 5.0 mles and turn right on Forest Road 910 and the gate locaiton. Section 26 of T.51N. R.2E.

Road 1537. From the junction of Forest Roads 910 and 959 travel 1.1 miles on Road 959 and turn right on Forest Road 1537 and the gate location. Section 24 of T.51N. R.2E.

Road 7016. From the junction of County Road 1-C and Forest Road 400 travel 1.5 miles upstream on Road 400 and turn left on Forest Road 257. Travel 3.9 miles where Road 257 become Forest Road 1005. Continue on Road 1005 for 4.6 miles and turn left on Forest Road 965. Travel 1.9 miles and turn left on Forest Road 7016 and the gate location. Section 4 of T.50N. R.2E.

(c) - Price Range. Less than $200,000.

(d)– Pre-bid Meeting. None.

(e)– Start Work. When access permits in 2010.

(f)– Period of Performance. Work is not allowed past August 15th of each calendar year to accommodate hunting season. Completion date of August 15, 2010.

(g)- It is the responsibility of the Contractor to make sure no motorized or non-motorized vehicles are blocked by the road or trail closure. Perform a road survey before closing the road or trail.

C-2 - GOVERNMENT-FURNISHED PROPERTY. None.

C-3 - STANDARD SPECIFICATIONS. "FHWA FP-03 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS” are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this Solicitation and any resultant contract.

Copies of the "FHWA FP-03 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS" are available for download at the following URL:

http://www.wfl.fha.dot.gov/design/specs/fp03.htm.

The FP-03 U.S. Customary version is only available (for sale) through the Federal Lands Highway Headquarters office.

Headquarters Washington DC David K. Green Construction Standards Engineer Internet: david.green@fhwa.dot.gov Mail: Federal Highway Administration

HFPD-3

400 Seventh Street, SW Washington D.C. 20590 The following sections of “FHWA FP-03 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS” are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract.

Spec No Title

PREFACE

Section 101 – Terms, Format, and Definitions

Section 102 – Bid, Award, and Execution of Contract

Section 103 – Scope of Work

Section 104 – Control of Work

Section 105 – Control of Material

Section 106 – Acceptance of Work

Section 107 – Legal Relations and Responsibility to the Public

Section 108 – Prosecution and Progress

Section 109 – Measurement and Payment

Section 151 – Mobilization

Section 155 – Schedules for Construction Contracts

Section 156 – Public Traffic

Section 203 – Removal of Structures and Obstructions

Section 251 – Riprap

Section 614 – Lean Concrete Backfill

Section 622 – Rental Equipment

Section 625- - Turf Establishment

Section 635 – Temporay Traffic Control

Section 650 – Road Closures

Section 705 – Rock

Section 725 – Miscellaneous Material

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

Spec. No.

Title

Date

Page(s)

FSSS

PREFACE

01/15/10

FSSS 101 –

Terms, Format, and Definitions

FSSS 102 –

Bid, Award, and Execution of Contract

FSSS 103 –

Scope of Work

FSSS 104 –

Control of Work

FSSS 105 –

Control of Material

FSSS 106 –

Acceptance of Work

FSSS 107 –

Legal Relations and Responsibility to the Public

FSSS 108 –

Prosecution and Progress

FSSS 109 –

Measurement and Payment

FSSS 151 –

Mobilization

FSSS 155 –

Schedules for Construction Contracts

01/15/10

FSSS 156 –

Public Traffic

FSSS 203 – Removal of Structures and Obstructions

FSSS 614 – Lean Concrete Backfill

FSSS 622 – Rental Equipment

FSSS 625 – Turf Establishment

FSSS 635 – Temporay Traffic Control

FSSS 650 – Road Closures

FSSS 705 – Rock

FSSS 725 – Miscellaneous Material

C-5- DRAWINGS

TITLE

SHEET NO.

Cover Sheet

Summary of Estimated Quantities

General Notes

Work Site Map/Work Site List/Sign Plan

4-16

Gate Details

17-25

Barrier Typicals

26-28

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 August 15, 2010 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, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, or United Kingdom);

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

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

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

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

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

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

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

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

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

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

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

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

[Contracting Officer to list applicable excepted materials or indicate "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,…