!Solicitation RFP Lake Mary Bike Path.pdf

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RECOVERY - Lake Mary Road Bike Path Completion Project
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AG-9702-S-10-0408
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OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-9702-S-10-0408

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

06/28/2010

PAGE OF PAGES

1 58

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA Forest Service Southern Sierra Province 1600 Tollhouse Road Clovis, CA 93611

USDA Forest Service Attn: Mary Cantrell 1600 Tollhouse Road Clovis, CA 93611

9. FOR INFORMATION

CALL:

A. NAME

Mary Cantrell

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(559) 297-0706, ext. 4890

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

Lake Mary Bike Path, Inyo National Forest

Price Range

The Government's estimate is between $1,000,000 and $5,000,000.

DUNS #_________________________________

11. The Contractor shall begin performance within 10 calendar days and complete it within 220 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F.)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 4:00 p.m. (hour) local time 07/28/2010 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requirements identified on this form and any continuation sheets for the consideration stated in this contract.

The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

CONSTRUCTION RFP AG-9702-S-10-0408

Inyo National Forest Lake Mary Bike Path

Bid Item List

Lake Mary Road Bike Path Completion Project

Summary Item Description Price

Base Bid

0.0 General Work (for base bid

work)

5.0 Old Mammoth Road (west of

LMR)

6.0 Tamarack $

Base Bid Subtotal $

Option A

0.0 General Work (incremental

additional required for Option A)

3.0 Pokonobe $

Option A Subtotal $

Option B

9.0 Bus Shelter - Steel Frame

Option

Option B Subtotal $

Option C additional required for Option C)

1.0 Horseshoe $

Option C Subtotal $

Option D additional required for Option D)

2.0 Lake Mamie (south of LMR) $

Option D Subtotal $ total with all options $ -

Except for lump sum items, the foregoing quantities set forth in the bid schedule are approximate only and are solely for the purpose of facilitating the comparison of bids. The Contractor's compensation will be computed on the basis of the final quantities in completed work, measured as specified, whether they be more or less than those shown. The owner may award all or part of the schedules or items of work shown on the Bid Form. The contract, if awarded will be based on a quantity of work that fits the budget available for the project.

BASE BID

0.0 General Bid Items

Item Description Method of Measure

Quantity Unit Unit Price Total Item Price

0.01 Mobilization Cost LSQ 1 LS $ -

0.02 Project Sign LSQ 1 LS $ -

0.03 SWPPP Plan LSQ 1 LS $ -

0.04 SWPPP Implementation LSQ 1 LS $ -

0.05 Survey and Layout Work LSQ 1 LS $ -

0.06 Material Testing Plan LSQ 1 LS $ -

0.07 Material Testing Work LSQ 1 LS $ -

0.08 Quality Control Plan LSQ 1 LS $ -

0.09 Quality Control Implementation LSQ 1 LS $ -

0.10 Shoring Plan LSQ 1 LS $ -

0.11 As-Builts LSQ 1 LS $ -

0.12 Supplemental work - fixed for basis of bid LSQ 1 LS $25,000 $25,000

General 0.0

5.0 Old Mammoth Road (west of LMR)

Item Description Method of Measure

5.01 Clear and Grub including tree removal for

Old Mammoth Road segment LSQ

1 LS $ -

5.02 Earthwork - Excavation and Embankment AQ 30 CY $ -

5.03 Earthwork - Import and Embankment AQ 300 CY $ -

5.04 Permanent Erosion Control LSQ 1 LS $ -

5.05 Asphalt Pavement for path (3 inch

thickness) AQ

3,960 SF $ -

5.06 Asphalt Pavement for road or parking (4.5

inch) AQ

0 SF $ -

5.07 Aggregate Base Material DQ 57 CY $ -

5.08 Curb and Gutter AQ 100 LF $ -

5.09 Concrete 8 inch thick for Bus Pad AQ 1,000 SF $ -

5.10 Concrete 4 inch thick walk AQ 935 SF $ -

5.11 Retaining Wall - Large Block AQ 330 SF $ -

5.12 Handicapped ramps with truncated domes LSQ 1 LS $ -

5.13 Pavement Markings at Old Mammoth Road LSQ 1 LS $ -

5.14 Signs AQ 3 EA $ -

5.15 Bollards AQ 1 EA $ -

5.16 54" Bikepath Guardrail AQ 330 LF $ -

Subtotal 5.0 $

6.0 Tamarack

Measure

6.01 Clear and Grub including tree removal for

Tamarack segment LSQ

1 LS $ -

6.02 Earthwork - Excavation and Embankment AQ 620 CY $ -

6.03 Earthwork - Excavation and Export AQ 4,580 CY $ -

6.04 Permanent Erosion Control LSQ 1 LS $ -

6.05 Asphalt Pavement for path (3 inch

thickness) AQ

28,020 SF $ -

6.06 Asphalt Pavement for road or parking (4.5

inch) AQ

0 SF $ -

6.07 Aggregate Base Material DQ 406 CY $ -

6.08 Curb and Gutter AQ 0 LF $ -

6.09 Concrete 8 inch thick for Bus Pad AQ 0 SF $ -

6.10 Concrete 4 inch thick walk AQ 0 SF $ -

6.11 Retaining Wall - Large Block AQ 5,250 SF $ -

6.12 Retaining Wall - Soil Nail AQ 4,500 SF $ -

6.13 Retaining Wall - Geogrid AQ 630 SF $ -

6.14 Handicapped ramps with truncated domes LSQ 2 LS $ -

6.15 Pavement Markings and signage at

Tamarack LSQ

1 LS $ -

6.16 Signs AQ 3 EA $ -

6.17 Bollards AQ 2 EA $ -

6.18 Tunnel AQ 100 LF $ -

6.19 Tunnel Lighting System LSQ 1 LS $ -

6.20 Bridge AQ 80 LF $ -

6.21 Bus Shelter - Wood Design LSQ 1 LS $ -

6.22 Relocate Water Line AQ 320 LF $ -

6.23 24" Culvert AQ 50 LF $ -

6.24 18" Culvert AQ 20 LF $ -

6.25 Grated Catch Basin AQ 1 SF $ -

6.26 Rip Rap AQ 100 SF $ -

6.27 Metal Beam Guardrail AQ 240 LF $ -

6.28 54" Bikepath Guardrail AQ 250 LF $ -

6.29 Cable Guardrail AQ 190 LF $ -

Subtotal 6.0 $

Option A

0.0 General Bid Items - Incremental Costs for Option A

Measure

0.02 Project Sign LSQ 1 LS

0.03 SWPPP Plan LSQ 1 LS $ -

0.04 SWPPP Implementation LSQ 1 LS $ -

0.05 Survey and Layout Work LSQ 1 LS $ -

0.06 Material Testing Plan LSQ 1 LS

0.07 Material Testing Work LSQ 1 LS $ -

0.08 Quality Control Plan LSQ 1 LS

0.09 Quality Control Implementation LSQ 1 LS $ -

0.10 Shoring Plan LSQ 1 LS

0.12 Supplemental work LSQ 1 LS

General 0.0

3.0 Pokonobe

Measure

3.01 Clear and Grub including tree removal for

Pokonobe project LSQ

1 LS $ -

3.02 Earthwork - Excavation and Embankment AQ 40 CY $ -

3.03 Earthwork - Excavation and Export AQ 80 CY $ -

3.04 Permanent Erosion Control LSQ 1 LS $ -

3.05 Asphalt Pavement for path (3 inch

0 SF $ -

3.06 Asphalt Pavement for road or parking (4.5

inch) AQ

0 SF $ -

3.07 Aggregate Base Material DQ 0 CY $ -

3.08 Curb and Gutter LSQ 345 LF $ -

3.09 Concrete 8 inch thick for Bus Pad AQ 2,000 SF $ -

3.10 Concrete 4 inch thick walk AQ 2,200 SF $ -

3.11 Handicapped ramps with truncated domes LSQ 2 LS $ -

3.12 Pavement Markings at Pokonobe LSQ 1 LS $ -

3.13 Signs AQ 4 EA $ -

3.14 Bollards AQ 2 EA $ -

3.15 Drainage trench and concrete LSQ 1 LS $ -

3.16 Bus Shelter - Wood Design LSQ 1 LS $ -

3.17 Rip Rap AQ 190 SF $ -

Subtotal 3.0 $

Option B

0.0 General Bid Items - Incremental Costs for Option B

Measure

0.01 Mobilization Cost LSQ 1 LS

0.03 SWPPP Plan LSQ 1 LS

0.04 SWPPP Implementation LSQ 1 LS

0.05 Survey and Layout Work LSQ 1 LS

0.06 Material Testing Plan LSQ 1 LS

0.07 Material Testing Work LSQ 1 LS $ -

0.08 Quality Control Plan LSQ 1 LS

0.09 Quality Control Implementation LSQ 1 LS

0.10 Shoring Plan LSQ 1 LS

0.11 As-Builts LSQ 1 LS

9.0 Bus Shelter - Steel Design Option

9.1 Bus Shelter - Steel Design Option;

incremental cost difference between wood and steel designs

AQ 1 EA $ -

Subtotal 9.0 $

Option C

0.0 General Bid Items - Incremental Costs for Option C

Measure

0.03 SWPPP Plan LSQ 1 LS $ -

0.04 SWPPP Implementation LSQ 1 LS $ -

0.05 Survey and Layout Work LSQ 1 LS $ -

0.06 Material Testing Plan LSQ 1 LS

0.07 Material Testing Work LSQ 1 LS $ -

0.08 Quality Control Plan LSQ 1 LS

0.09 Quality Control Implementation LSQ 1 LS $ -

0.10 Shoring Plan LSQ 1 LS

1.0 Horseshoe

Measure

1.01 Clear and Grub including tree removal for

Horseshoe segment LSQ

1 LS $ -

1.02 Earthwork - Excavation and Embankment AQ 30 CY $ -

1.03 Earthwork - Excavation and Export AQ 60 CY $ -

1.04 Permanent Erosion Control LSQ 1 LS $ -

1.05 Asphalt Pavement for path (3 inch

3,175 SF $ -

1.06 Asphalt Pavement for road or parking (4.5

inch) AQ

1,205 SF $ -

1.07 Aggregate Base Material DQ 68 CY $ -

1.08 Curb and Gutter LSQ 102 LF $ -

1.09 Concrete 8 inch thick for Bus Pad AQ 850 SF $ -

1.10 Concrete 4 inch thick walk AQ 2,100 SF $ -

1.11 Steps LSQ 1 LS $ -

1.12 Handicapped ramps with truncated domes LSQ 2 LS $ -

1.13 Pavement Markings at Horseshoe LSQ 1 LS $ -

1.14 Signs AQ 2 EA $ -

1.15 Bollards AQ 1 EA $ -

Subtotal 1.0 $ -

Option D

0.0 General Bid Items - Incremental Costs for Option D

Measure

0.03 SWPPP Plan LSQ 1 LS $ -

0.04 SWPPP Implementation LSQ 1 LS $ -

0.05 Survey and Layout Work LSQ 1 LS $ -

0.06 Material Testing Plan LSQ 1 LS

0.07 Material Testing Work LSQ 1 LS $ -

0.08 Quality Control Plan LSQ 1 LS

0.09 Quality Control Implementation LSQ 1 LS $ -

0.10 Shoring Plan LSQ 1 LS

2.0 Lake Mamie (south of LMR)

2.01 Clear and Grub including tree removal for

Lake Mamie segment LSA

1 LS $ -

2.02 Earthwork - Excavation and Embankment AQ 0 CY $ -

2.03 Earthwork - Excavation and Export AQ 0 CY $ -

2.04 Permanent Erosion Control LSQ 1 LS $ -

2.05 Asphalt Pavement for path (3 inch

thickness) AQ

0 SF $ -

2.06 Asphalt Pavement for road or parking (4.5

inch) AQ

213 SF $ -

2.07 Aggregate Base Material DQ 4 CY $ -

2.08 Curb and Gutter LSQ 140 LF $ -

2.09 Concrete 8 inch thick for Bus Pad AQ 0 SF $ -

2.10 Concrete 4 inch thick walk AQ 655 SF $ -

2.11 Handicapped ramps with truncated domes LSQ 2 LS $ -

2.12 Pavement Markings at Lake Mamie LSQ 1 LS $ -

2.13 Signs AQ 4 EA $ -

2.14 Bus Shelter - Wood Design LSQ 1 LS $ -

Subtotal 2.0 $ -

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Scope of Contract

This solicitation, and resulting contract, is for the construction of the Lake Mary Road Bike Path Completion Project with base bid and options to include the following:

BASE BID – schedules 0 (General Bid Items), 5 (Old Mammoth Road), and 6 (Tamarack)

• General Bid Items for the base bid.

• Construct approximately 3,200 linear feet of 10 foot wide asphalt paved bike path.

• Construct a road undercrossing for the bike path where it crosses Lake Mary Road. The undercrossing shall be constructed of precast concrete box culvert sections with an inside dimension of 12 feet by 12 feet with a total length of approximately 100 feet.

• Fabricate and install a prefabricated bridge for the bike path where it crosses Mammoth Creek, approximately 80 feet in length and 10 feet wide.

• Construct 1 bus pull outs with sidewalks/paths that connect to the bike path.

• Construct 1 transit/bus shelter – wood design

• Construct approximately 9,500 square feet of retaining walls.

OPTION A – Schedule 3 (Pokonobe)

• Incremental adjustments to the General Bid Items.

• Construct 2 bus pull outs with sidewalks/paths that connect to the bike path.

• Construct 1 transit//bus shelter – wood design.

OPTION B – Schedule 9 (Bus Shelter Alternative Design)

• Incremental construction cost difference between the transit//bus shelter wood and steel designs.

OPTION C – Schedule 1 (Horseshoe)

• Construct 1 bus pull out with sidewalks/paths that connect to the bike path.

• Construct approximately 1,200 square feet of parking space.

• Construct approximately 310 linear feet of 10 foot wide asphalt paved bike path

OPTION D – Schedule 2 (Lake Mamie)

• Construct 1 bus pull out with sidewalks/paths that connect to the bike path.

• Construct 1 bus/transit shelter – wood design.

The contractor should refer to the SCHEDULE OF ITEMS and project plans and specifications for estimates of quantities or work.

C.2 Project Location

The project is located along Lake Mary Road, between 3 and 5 miles south of its intersection with State Highway 203 within the Town of Mammoth Lakes.

NOTE: Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. In no event shall failure to inspect the site constitute grounds for a claim after contract award. (See Section L, 52.236-27, SITE VISIT.)

C.3 AGAR 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.

C.4 AGAR 452.211-73 Attachments To Statement 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.

C.5 Estimated Start Date

The estimated start work date is no later than 08/23/10. The contract time will be 220 calendar days.

Contract time includes delays for weather; locating and transporting supplies and materials; and final site clean-up. A winter shutdown between November 1st and June 1st is anticipated. The specific start and stop dates for the winter shutdown will be determined by mutual agreement between the government and the contractor, except that the end date will be no later than July 1st. The contract performance time will be adjusted for the actual number of days occurring during the winter shutdown.

Contractor must begin work within 10 days of the effective date of the Notice to Proceed. See Section F for additional information.

C.6 Restrictions on Work

The project site is located in a very popular and heavily used recreation area. Lake Mary Road shall remain open to the public except for a short section that can be closed for construction of the bike path undercrossing/tunnel. The road closure shall not start until the day after the Labor Day holiday 9/7/10.

The road must be returned to service prior to winter shut down.

The contractor is responsible for the security of the Contractor’s tools and equipment at all times during the project. All trash and loose material shall be secured on each Friday or last working day of the week. All motorized equipment shall be provided with key locks or other devices to render them inoperable when the Contractor is not on site. The Contractor shall provide bear proof trash receptacles for construction and employee waste. The Contractor shall not use Government trash facilities for waste without permission of the COR. All construction debris remains property of the Contractor and shall be properly disposed of off of National Forest Land.

The Contractor and the Contractor’s employees will not be permitted to have dogs or other pets on the project site at any time.

C.7 Worker's Compensation Insurance

The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement.

C.8 Camping and Housing

Camping is not permitted in US Forest Service campgrounds. Contractor [ ] will [X] will not be permitted to camp elsewhere on US Forest Service land. Camping on Forest Service land is not a right;

permission may be revoked for failure to comply with the terms of the permit.

C.9 Noxious Weeds

All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. “Off-road equipment” includes all logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.

Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection.

If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.

C.9 Maps

INCLUDED WITH DRAWINGS

C.10 Drawings and Specifications

Project Drawings: The following drawings are part of this solicitation:

Sheet # Drawing # Description

1. 0.1 Cover Sheet

2. 0.2 General Site Notes

3. 0.3 Construction Notes

4. 0.4 Survey Control

5. 0.5 General Details 1

6. 0.6 General Details 2

7. 0.7 Structural Steel Bus Shelter Details 1

8. 0.8 Structural Steel Bus Shelter Details 2

9. 0.9 Structural Steel Bus Shelter Details 3

10. 0.10 Structural Steel Bus Shelter Details 4

11. 0.11 Timber Bus Shelter Details 1

12. 0.12 Timber Bus Shelter Details 2

13. 0.13 Timber Bus Shelter Details 3

14. 0.14 Timber Bus Shelter Details 4

15. 1.1 Horseshoe Lake – Plan and Profile

16. 2.1 Lake Mamie – Plan and Profile

17. 3.1 Pokonobe – Plan and Details

18. 5.1 Old Mammoth Road – Plan and Profile

19. 6.1 Tamarack – Plan and Profile (STA 10+00 to 20+00)

20. 6.2 Tamarack – Plan and Profile (STA 20+00 to 31+00

21. 6.3 Tamarack – Plan and Profile (STA 31+00 to end)

22. 6.4 Tamarack – Bridge Details

23. 6.5 Tamarack – Tunnel Details 1

24. 6.6 Tamarack – Tunnel Details 2

25. 6.7 Water Line Relocation Plan

Cross Section Drawings

XS-1 Cross Sections – Old Mammoth Road XS-2 Cross Sections - Tamarack XS-3 Cross Sections - Tamarack XS-4 Cross Sections - Tamarack

Specifications:

[X] State of California Department of Transportation Standard Specifications, 2006 Edition This document is incorporated by reference and is available on the web in either MS Word or adobe

.pdf format at: (http://www.dot.ca.gov/hq/esc/oe/specifications/std_specs/2006_StdSpecs/)

It is also available as a bound book that can be purchased from Caltrans. Instruction on ordering the book can be found at: http://caltrans-opac.ca.gov/publicat.htm or by writing to

California Department of Transportation Publication Distribution Unit 1900 Royal Oaks Drive Sacramento, CA 95815-3800

[X] Town of Mammoth Lakes Standards for Public Works This document is incorporated by reference and is available on the web in adobe .pdf format at:

http://www.ci.mammoth-lakes.ca.us/pweng/engineering_services.htm

Special Project Specifications are physically incorporated within this solicitation, beginning on the next page. The following Special Project Specifications are applicable to this contract:

# Description Date

Part I Special Provisions – Lake Mary Road Bike Path Completion Project

March 2010

Part II Not Applicable Part III Technical Provisions – Lake Mary Road Bike

Path Completion Project March 2010

The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract.

The following reference documents are physically incorporated within this solicitation.

1. Army Section 404 Clean Water Permit Provisions

2. Bridge Drawings 1999 Existing Forest Service LMR

3. Caltrans QAP Manual

4. Fish and Game 1602 Streambed Alteration Agreement

5. Forest Service Special Use Permit for Construction of LMRBP

6. Lahontan Water Quality Order

7. State Water Resources Control Board Order No 99-08-DWQ General Permit No CAS000002

8. Town Of Mammoth Lakes Quality Assurance Plan signed 12-15-09

9. Town MOU with Lahontan and Water Quality Guidelines

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

E. 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

52.242-14 Suspension of Work (APR 1984)

F.2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 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 220 calendar days from the effective date on the notice to proceed. The time stated for completion shall include final cleanup of the premises.

F. 3 FAR 52.236-01 Performance Of Work By The Contractor (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 50 percent of the total amount of work to be performed under this contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Office determines that the reduction would be to the advantage of the Government

F.4 Work Timing

Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time.

F.5 Winter Shutdown

When winter weather sets in and the continuation of work is impractical, the Contracting Officer will authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time specified.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 FAR 52.236-15 Schedules For Construction Contracts (APR 1984)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

G.2 AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held after the date of contract award. Prior to commencement of work, the meeting will be conducted by the Contracting Officer. The meeting will be attended by the Contractor, the Contracting Officer’s Representative, and Forest Service representatives who may be involved in the administration of the contract. The meeting will be held at a time and place mutually agreeable to by the Contractor and the Contracting Officer to discuss the work schedule and to familiarize both parties with the responsibilities of each, under this contract.

G.3 Payment for Materials Off Site

In accordance with Clause 52.232-5, progress payments may include payment for materials stored off site. Contractor shall provide a copy of the paid invoice; provide evidence that the material will be included in the finished project; and identify the location where the materials are stored, so that the government may make visual inspection if the Contracting Officer deems it necessary. The Contractor shall be liable for loss, damage, or destruction of the materials until such time as the materials are physically in the possession and control of the government. The Contractor will not be held liable to the extent that the Contracting Officer determines that the loss, damage, or destruction occurred through the fault or negligence of the government or its agents.

G.4 Incidental Items

The intent of the contract is to provide for the completion 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 of items shown.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 Wage Determination

Wage Determination #CA20100031 is currently in effect for Inyo County. The Wage Determination is included as an attachment.

H.2 FAR 52.236-2 Differing Site Conditions (Apr 1984)

(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of (1) subsurface or latent physical conditions at the site which differ materially from those indicated in this contract, or (2) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in (a) above for giving written notice may be extended by the Contracting Officer.

(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

H.3 Emergencies

Fire Plan [X]See Section J, Fire Plan [ ]Not applicable; however, Contractors are required to comply with State law during fire season.

Area of Responsibility for Fire. Unless otherwise noted elsewhere in the contract, the following define the limits of a contractor's area of responsibility for fire under the terms of the Fire Plan (Section J):

[X](a) Trail Construction - 100 meters on either side of the centerline [X](b) Construction of Structures - 100 meters around the perimeter of the project [X](c) Road Construction - 400 meters on either side of the centerline [ ](d) Special for this project:

H.4 Utility Services

Potable water, electrical power, trash collection, and toilet facilities are not available on site and are the responsibility of the Contractor.

H.5 Superintendence by Contractor

In addition to Clause 52.236-6, the following applies: The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.

H.6 Loss, Damage or Destruction

Equipment Furnished with Operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

Other. Even though this contract may provide for performing services at the direction of Government personnel, the contract is not for personal services, and neither the Contractor nor his or her personnel are Government employees. The Government assumes no liability for injury occurring to Contractor personnel or to third parties, or for loss, damage, or destruction involving third parties' property as a result of the Contractor's operation. Except that the Government is liable for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) acting within the scope of their employment.

H.7 AGAR 452.236-73 Archaeological or Historic Sites (Feb 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

H.8 Spill Plan

If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations.

The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean up of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.

H.9 Equipment Cleaning

All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. “Off-road equipment” includes all logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.

Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection.

If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.204-9 Personal Identity Verification of Contractor Personnel (SEP 2007) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL

2005) 52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.219-9 Small Business Subcontracting Plan (APR 2008) (Applicable if > $1 Million)

Alternate II (Oct 2001) 52.219-16 Liquidated Damages --Subcontracting Plan (JAN 1999) (Applicable if > $1 Million) 52.219-25 Small Disadvantaged Business Participation Program -- Disadvantaged Status and

Reporting (APR 2008) (Applicable if > $1 Million) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (FEB 1988) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (FEB 1988) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other

Eligible Veterans (SEP 2006) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006) 52.222-50 Combating Trafficking in Persons (SEP 2007) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (DEC 2007) 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-14 Toxic Chemical Release Reporting (AUG 2003) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.228-11 Pledges of Assets (FEB 1992) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) 52.228-14 Irrevocable Letter of Credit (DEC 1999) 52.228-15 Performance and Payment Bonds – Construction (NOV 2006) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-17 Interest (OCT 2008) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by The Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(Apr 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Use and Possession Prior to Completion (APR 1984) 52.236-16 Quantity Surveys (APR 1984)

52.236-17 Layout of Work (APR 1984) 52-236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (AUG 1987) 52.245-1 Property Records (JUN 2007) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (SEP 2006) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)--Alternate I

(SEP 1996)

52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452-236-72 Use of Premises (NOV 1996) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

I.2 FAR 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment

Act of 2009 (MAR 2009)

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

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

I.3 FAR 52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

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

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

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

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

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

(b)

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

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

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

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S.

Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

I.4 52.204-11 American Recovery and Reinvestment Act – Reporting Requirements (Mar

2009)

“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).

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