AG-82B1-S-10-0459.rtf

FY10 REVA GAP Campground Road & Facility Maintenance AG-82B1-S-10-0459 Page 5 of 62

PART I-THE SCHEDULE

SECTION B - SCHEDULE OF ITEMS

SECTION B--SUPPLIES OR SERVICES AND PRICES

B-1 See attachment B-1 Schedule of items_Final

B- 2: Bid on all items. Only bids to the nearest dollar will be accepted. Estimated square foot areas are provided for bidding purposes, it is the Contractor’s responsibility to confirm actual quantities for construction purposes.

Award will be made to the responsibe/responsible bidder when considering both price and past performance.

DUNS# ________________TIN# _________________Email Address: __________________ 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 151.01 Mobilization. Payment will be made on actual work performed as described in FP-03 109.1 unless otherwise noted. The above pay items are contract quantities unless noted.

52.217-5 Evaluation of Options (July 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

SECTION C - DESCRIPTION AND SPECIFICATIONS

C-1 - PROJECT DESCRIPTION AND LOCATION

Description of Work – This project consists of reconstructing Reva Gap Campground road, toilet installation, and associated road drainage attributes.

NOTE: ERIONITE is present in Reva Gap Campground. Test show that Reva Gap has concentrations up to 16% erionite. Erionite is a naturally occurring, microscopic, fibrous mineral. Some properties of erionite are similar to the properties of asbestos; however, erionite is not currently regulated by the U.S. Environmental Protection Agency (EPA) as one of the six asbestos fibers. Like asbestos, erionite may pose health risks to those who breathe in the fibers. The Contractor shall wear all necessary personal protective equipment to reduce exposure. It is recommended that the contractor conform to protective gear typically used for asbestos exposure. The entire site shall remain moist during all construction operations to eliminate all construction caused dust. Cut slopes, excavations, aggregate, and road way shall be watered and shall remain damp during ground disturbing activities. All aggregate imported to the site shall be tested by the Contractor and shall be non-detect for Erionite by the Polar Light Microscopy (PLM) method. Contractor shall submit test results showing pit location, name, and lab test results before any aggregate is imported to the site.

The work will include linear grading, dust control with water, turnout construction, excavation, drainage work, culvert installations, aggregate placement, aggregate testing, hydraulic seeding, furnishing and installing a Cascadian Model SST, and all other items necessary for a completed road way.

Contractor shall grade/rebuild the existing roadway to a 14’ finished typical template as Shown in the Drawings. The Contractor shall reconstruct and grade the approach to each campsite and ensure proper radius, drainage, and gradients are achieved. All approach work shall be minimum 14’ in length from shoulder. Contractor shall reconstruction the approach to the campground for 100 linear feet, to a 24’ finished surface. Borrow for all items shall be obtained on site by constructing turnouts as shown on the drawings. Aggregate shall be placed on all road sections and turnouts. Approaches to camp spurs shall not be surfaced.

Contractor shall replace 3 culverts. Extra ditch work may be required to freely drain the culverts.

The Contractor shall salvage the existing pump jack and stockpile it at the Sioux District Office in Camp Crook, SD. The Contractor will dispose of unsalvageable culverts and other miscellaneous items in a lawful manner off National Forest System Lands.

Contractor shall obliterate the road to the spring development and short segment at trailhead by scarifying and seeding the road bed. Full recontour will not be required.

The Contractor shall be required to clean up and dispose of all construction waste and debris in a lawful manner and dispose of it off of National Forest System Lands.

A separate contract for the removal of 2 existing toilets and placement of new toilets has been awarded to TDT Construction. The Contractor who is awarded this contract shall coordinate with TDT Construction so as to not interfere with their work.

(b) Project Location - The project is located on the Custer National Forest approximately 20 miles East of Buffalo, South Dakota. The Campground is located in Section 18, T18N, R8E.

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

(d) Pre-bid Tour – A formal prebid tour will not be held.Prospective bidders wishing to visit the site on their own may obtain information by contacting David Shimek at the Forest Supervisor's Office, Custer National Forest, Billings, Montana, telephone (406) 657-6205 x201, or Tawni Parks at the Soiux District Office, Camp Crook, South Dakota, telephone (605) 797-4432.

(e) Start Work - It is estimated that work will begin in August 2010.

(f) Period of Performance – 45 calendar days.

(g) Government Furnished Materials – There is no government furnished material.

(h) Submittals - The contractor shall submit Work Schedule, Progress Schedules, and Aggregate gradation, and Erionite non-detect aggregate test, using the PLM method.

(i) Disturbances – The Contractor may close the campground Monday at 0700 – Friday at 1400 during the duration of the work. The road shall be made passable for weekend traffic.

(j) Staging Area - The Contractor shall coordinate with the COR on a staging area location. Staging will be allowed at a specified area at Reva Gap Campground. The Contractor shall operate all equipment and store, transport, and handle materials in a manner that will not damage the existing roads, parking lots, and landscaping.

(k) Electrical – There is no on-site electrical available.

(l) Asbestos Containing Materials – The Contractor shall not use during construction or incorporate into the final construction product any material or product that contains more than 1% asbestos by dry volume as determined by the Polar Light Microscopy Method (less than 1% shall be considered under these specifications as “Asbestos Free”).

(m) Security and Protection – Security is the Contractor’s responsibility. Limit access to the construction area to persons involved in the work. Provide secure storage for materials that are stored on site. Secure completed work as required to prevent loss. Barricades, warning signs, and lights shall comply with standards and code requirements for erection of structurally adequate barricades. All road warning signs, barricades, and traffic control devices shall conform to MUTCD. Where appropriate and needed, provide lighting, including flashing red or amber warning lights.

(n) Maintenance of Traffic – The Contractor shall have all temporary construction signs and traffic control measures in place prior to beginning work. The Contractor is authorized to use roads under the jurisdiction of the Forest Service for all activities necessary to complete this contract, subject to limitations and authorizations Shown On The Drawings or specified under this contract when such use will not damage the roads or National Forest resources and when traffic can be accommodated safely.Before shutting down operations, take all necessary precautions to prevent damage to the project, such as temporary detours, approaches, crossings, or intersections; and provide for normal drainage and minimization of erosion.Any emergency vehicles shall be allowed immediate passage.

(o) Protection of Improvements – The Contractor shall complete sequences of construction activity in order to prevent damage to equipment, material, and articles incorporated into the work covered by this contract.

(p) Potable Water – There is no potable water available on this job.

(q) Toilet Facilities – There are available toilets on this job. The contractor shall keep the toilets clean during the duration of the project.

(r) Underground Utilities – It is the Contractor’s sole responsibility to locate the utilities prior to excavation.

C-2 - GOVERNMENT FURNISHED MATERIAL

This project uses FP-03 Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects.

C- 3 - Special Project Specifications n/a

C- 4 – DRAWINGS

The following drawings are a part of this solicitation and any resulting contract:

Sheet No. Title

FY10 Reva Gap Campground

C- 5 – EXHIBITS

n/a

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

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

(End of Clause)

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

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

(End of Clause)

SECTION D - Packaging and Marking

PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The Government singularly identifies each project to contract number at the time of Award. The contract number is unique identifier to purposely and permanently represent an awarded project. The government issued contract number is to be referenced on all official communications, starting upon notice of award.

SECTION E - Inspection and Acceptance

52.246-12 Inspection of Construction. (APR 1996)

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

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

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

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

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

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

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(End of clause)

SECTION F - Deliveries or Performance

52.242-14 Suspension of Work. (APR 1984)

52.242-15 Stop-Work Order. (AUG 1989)

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 45 calendar days. The time stated for completion shall include final cleanup of the premises.

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

Within 10 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 will be submitted to the COR and approved by the Contracting Officer.

SECTION G - Contract Administration Data

G1 - CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer (CO) will designate a representative, hereinafter referred to as the Contracting Officer's Representative (COR) or, alternatively, as the Engineer, who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the pre-work conference. The Contractor is cautioned to read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer. The term "Contracting Officer" as used throughout the Specifications, shall be interpreted to include the Contracting Officer's designated representative(s) acting within the limits of their delegation of authority.

SECTION H - Special Contract Requirements

H- 1 - Use of Premises

The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform the contract in such a manner as not to interrupt or interfere with the conduct of Government business.

H- 2 - Incidental Payment Items

The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

H- 3 - Conformity With Drawings and Specifications

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is compliance with reasonable and customary manufacturing and construction tolerances.

H- 4 - Barricades, Warning Signs, and Other Devices

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

H- 5 - Prework Conference

Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

H- 6 – Special Contract Requirements

FAR 52.236-4 Physical Data (APR 1984)

Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

OTHER FACTORS AFFECTING THE WORK

Safety. This administrative site will be open to the public and Government personnel during construction operations under this contract. Portions of the building or premises may be closed at the discretion of the CO. Site shall be kept clean, safe, and professional during contract period. The contractor shall provide for the safety of the public and others present within the site, including preventing fall hazards for open trenches, protection from wires and electric shock, and maintaining a safe working space between moving machinery and the public. Roads shall be barricaded closed to prevent access to work sites.

All construction methods and procedures shall be in compliance with applicable OSHA regulations, 29 CFR art 1926 and Part 1910. Provide appropriate safety barricades and signs to protect the public from construction hazards.

Disposal Site.

All materials to be disposed of by the Contractor shall be removed from the project site and disposed of at an acceptable site off of Forest Service lands. It is the Contractor’s responsibility to locate an acceptable disposal area, and to pay all costs involved in the disposal of materials.

Clean Up.

The Contractor shall maintain the work area in a clean and orderly condition. The work area shall be cleaned at the end of each workday. The work area shall be thoroughly cleaned of waste materials and debris at the end of construction

LANDSCAPE PRESERVATION

Do not remove, deface, injure, or destroy trees, shrubs, lawn, or natural features not designated for treatment. Confine operations to within the area designated in the contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Retrieve material which falls outside of these limits and dispose of, or incorporate in the work as directed by the Contracting Officer. Preserve the scenic and natural environment along this construction project.

(c) Do not operate equipment or otherwise disturb the natural vegetation and soil beyond the construction limits. Repair any damage to vegetation or structures outside the project limits as directed by the Contracting Officer

ENVIRONMENTAL PROTECTION

Prevention of Oil Spills. The contractor is required to have a spill plan. When storage facilities for oil or oil products are on site, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or any other body of water. If a spill of petroleum product should occur in water, immediately notify the Contracting Officer and appropriate state agencies.

Service all equipment only in the areas approved by the Contracting Officer. If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Meet all applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

Contractor shall ensure that all personnel involved in handling and packaging the hazardous waste are trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures, and spills. Provide handling and personal protective equipment appropriate to ensure safe handling of the hazardous waste according to 29 CFR 1910.120). Notify the Forest Service of all hazardous material that may be brought onto the National Forest.

The Contractor is solely responsible for all spills or leaks that occur during the performance of this contract. The contractor must clean up spills or leaks in a manner that complies with Federal, state, and local laws and regulations and to the satisfaction of the CO. When available provide copies of all spill related clean up and closure documentation and correspondence from regulatory agencies.

NOXIOUS WEED CONTROL

In order to prevent the potential spread of noxious weeds into work areas, Contractor shall be required to use weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment prior to entry on to National Forest land. This cleaning shall remove all dirt and plant parts and material that could carry noxious weed seeds into the work area. Only clean construction equipment that has been inspected by the Forest Service will be allowed to operate within the work area. All subsequent move-ins of construction equipment shall be treated in the same manner as initial move-in.

FIRE CONTROL (FS 236-1)

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area. An equitable adjustment in contract time may be made for this period.

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

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

As prescribed in 4.1502, insert the following clause:

American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010)

(a) Definitions. For definitions related to this clause (e.g., contract, first-tier subcontract, total compensation etc.) see the Frequently Asked Questions (FAQs) available at http://www.whitehouse.gov/omb/recovery_faqs_contractors. These FAQs are also linked under http://www.FederalReporting.gov.

(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 the Contractor for all work funded, in whole or in part, by the Recovery Act, are due no later than the 10th day following the end of each calendar quarter. The Contractor shall review the Frequently Asked Questions (FAQs) for Federal Contractors before each reporting cycle and prior to submitting each quarterly report as the FAQs may be updated from time-to-time. The first report is due no later than the 10th day after the end of the calendar quarter in which the Contractor received the award. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter. For information on when the Contractor shall submit its final report, see http://www.whitehouse.gov/omb/recovery_faqs_contractors.

(d) The Contractor shall report the following information, using the online reporting tool available at 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 address the impact on the Contractor’s and first-tier subcontractors’ workforce for all first-tier subcontracts valued at $25,000 or more. 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 and all first-tier subcontracts valued at $25,000 or more, in the United States and outlying areas. A job cannot be reported as both created and retained. See an example of how to calculate the number of jobs at http://www.whitehouse.gov/omb/recovery_faqs_contractors.

(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 valued at $25,000 or more and not subject to reporting under paragraph 9, the Contractor shall require the subcontractor to provide the information described in paragraphs (d)(1)(i), (ix), (x), (xi), and (xii) of this section 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—

(1) 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.

(xii) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and address the impact on the subcontractor’s workforce. At a minimum, the subcontractor shall provide—

(A) 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 subcontractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(B) An estimate of the number of jobs created and jobs retained by the subcontractor in the United States and outlying areas. A job cannot be reported as both created and retained. See an example of how to calculate the number of jobs at http://www.whitehouse.gov/omb/recovery_faqs_contractors.

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…