Mt St Helens 25KV Line Maintenance Solicitation.pdf

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RECOVERY Mt. St. Helens 25KV Power Line Maintenance, Gifford Pinchot National Forest, Washington
Solicitation number
AG-0489-S-10-0362
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Request for Quotes

Solicitation AG-0489-S-10-0362

Project Name: Recovery – Mt. St. Helens 25KV Power Line Maintenance, Gifford Pinchot

National Forest

Location: Mt. St. Helens National Volcanic Monument, Cowlitz County, SR504

TABLE OF CONTENTS

PART I – CONTRACT SPECIFICATIONS

SECTION A - SF-1449

SECTION B – Schedule of Items

SECTION C - Descriptions/Specifications/Statement of Work

PART II – CONTRACT CLAUSES

Clauses incorporated by reference

Recovery Act Required Clauses (full text)

Special Contract Requirements

PART III –ATTACHMENTS

Attachment 1:

o 25KV Power Line Maintenance Site Map o Wage Rate Determination

Attachment 2:

o Mt. St. Helens 25KV Power Line Maintenance Bid Package

PART IV –INSTRUCTIONS AND REPRESENTATIONS

Instructions to Offeror/Evaluation Factors for Award

Representations, Certifications and Other Statements of Offerors or Respondents

AG-0489-S-10-0362

Mt. St. Helens 25KV Power Line

Maintenance

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 377142

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

DATE

3/17/2010

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION Amy Wong calls) 503-668-1436 LOCAL TIME

INFORMATION CALL: 4/12/2010 3 pm PT

9. ISSUED BY CODE 10. THIS ACQUISITON IS

US FOREST SERVICE

UNRESTRICTED OR SET ASIDE: 100 % FOR

EROC NORTHWEST SMALL BUSINESS EMERGING SMALL

BUSINESS

16400 CHAMPION WAY

SANDY OR 97055

HUBZONE SMALL

NAICS: 238210 BUSINESS

SERVICE-DISABLED VETERAN- 8(A)

SIZE STANDARD: $14M OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

US FOREST SERVICE

EROC NORTHWEST

16400 CHAMPION WAY

SANDY OR 97055

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE N0.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

TAS::12 1102::TAS Recovery Mt. St. Helens 25KV Power Line Maintenance –Pinchot Gifford National Forest

This procurement is made under the provisions of the American Recovery & Reinvestment Act of 2009 (ARRA).

NOTICE: Reference is made to Contractor Reporting Requirements stated in FAR Clause 52.204-11.

Faxed quotes are acceptable and can be sent to 503-668-1621. Please confirm receipt and legibility of faxed quotes. E-mail quotes are acceptable and please call 503-668-1436 to confirm receipt.

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: __ALL_________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

LELA A. STAWICKI

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule of Items

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.3/2005) BACK

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

Project Name: Recovery – Mt. St. Helens 25KV Power Line Maintenance, Gifford Pinchot

National Forest

Location: Mt. St. Helens National Volcanic Monument, Cowlitz County, SR 504 MP22 - 52

B- 1 - SCHEDULE OF ITEMS

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

Line Maintenance

Lump Sum 1

TOTAL

Work is expected to be completed within 30 days from the Notice to Proceed. Estimated start date is

May 25, 2010.

The Contractor shall furnish all labor, materials, equipment, tools, transportation, supplies, and coordination with

WSDOT (East Elk Creek Bridge) and Cowlitz PUD (outages), required to perform all 25KV line maintenance work to complete the project in accordance with plans, specifications, and provisions in the Statement of Work as specified in the solicitation. Payment for contract work will be made only for and under those pay items included in the Schedule of Items above.

Name of Contractor: Phone Number:

Print Name and title of person authorized to sign offer: E-mail:

Check completed: Registered in ORCA and CCR.

Signature: ____________________________________________ Date: ___________________

TIN #: DUNS #:

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 DESCRIPTION OF WORK

a. Provide the following services for primary power line and reactor, transformer and switch maintenance along primary power line on state highway SR504 MP 22 to 52:

1. Oil Samples and Testing for: 3 boosters, 1 spare booster, 11 padmounts, 1 spare padmount, and 4 reactors

2. Testing of 3 Transformers and 4 Reactors

3. Transformer Oil - 55 gallons of electrical grade mineral oil

4. Switch Maintenance at MP 22 Utility Company Interface

5. Test and Maintain Transfer Switches at Coldwater Maintenance Facility

6. Conduit Repair at East Elk Creek Bridge

7. Move and re spool three wire reels at Coldwater Maintenance Facility

8. Test four wooden power poles at Kid Valley Metering Location and Report

9. Testing Report - Final Report Summary listing all findings, with test data and recommendations in MS

Word and XLS format. Provide electronic copy (XLS, PDF) of all individual test reports and hard copies in a 3 ring binder with Index to Contents.

b. All work shall be done by electricians, licensed in the State of Washington.

c. Contractor shall furnish all labor, equipment, mobilization, move between sites, supervision, transportation, operating supplies and incidentals necessary to perform 25KV line maintenance services in accordance with the specifications and drawings.

C-2 PROJECT LOCATION

From Interstate 5, take exit 49/Castle Rock from WA-504 and head East. The line requiring maintenance is between MP 22 and 52.

C-3 PERFORMANCE DATE: FAR 52.211-10 COMMENCEMENT, PROSECUTION AND

COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract after May 24, 2010 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 July 30, 2010. The time stated for completion shall include final cleanup of the premises and return of borrowed Government furnished testing equipment.

Estimated start work date is May 25, 2010 and completion within 30 days.

C-4 PROJECT SCHEDULING

a. All work that requires the system to be de energized shall be done at night between 7:00PM to 7:00AM.

b. Work that does not require a power outage may be done during normal work days.

c. Complete all work that is possible while the system is energized. Two night outages on subsequent nights from 7:00PM to 7:00AM will be utilized to perform the remainder of the work will be allowed.

C-5 TECHNICAL CONTACT

Any questions regarding the specifications for this project, please contact: Duane Chatham at 360-274-2132 or by e-mail: dchatham@fs.fed.us. He is the Contract Officer‘s Representative (COR).

C-6 PRE-BID ONSITE VISIT MEETING AT PROJECT LOCATIONS

Due to the nature of this maintenance work a pre-bid onsite meeting is strongly encouraged to review the scope of maintenance work and view project locations. Call Duane Chatham to make arrangements. His contact information is in the above paragraph C-5, Technical Contact.

C-7 GOVERNMENT FURNISHED PROPERTY FOR TESTING

The Forest Service at Gifford Pinchot National Forest (GPNF) will allow use of all spare high-voltage parts as needed out of available stock at the Coldwater Maintenance Facility. Several pieces of equipment such as 35kv elbows are needed to facilitate testing. These items will be signed out with Duane Chatham or his representative and returned upon project completion prior to final payment.

C-8 AGAR 42.215-73 POST AWARD CONFERENCE (NOV 1996)

(a) A post award conference with the successful offeror is required. It will be scheduled within 7 days after the date of contract award. The conference will be held at a mutually agreed upon location.

(b) Contractor designated representative or electrical foreman (whomever the Contractor will have on the site) shall be present at the post award conference.

C-9 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

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

C-10 AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (FEB

1988)

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

PART II--CONTRACT CLAUSES

mailto:dchatham@fs.fed.us

2.01 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

The solicitation number is AG-0489-S-10-0362 and is issued as a Request for Quotation (RFQ), under the Simplified

Acquisition Procedures (SAP), Part 13.5. This solicitation is for a firm fixed price contract. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 05-27. The following clauses and provisions apply to this acquisition:

52.212-1 Instructions to Offerors Commercial Items (JUN 2008)

52.212-3 Offeror Representations and Certifications Commercial Items (JUN 2009)

52.212-4 Contract Terms and Conditions - Commercial Items (MAR 2009)

52.219-6 Notice of Total Small Business Set-Aside (JUN 2003)

52.222-20 Walsh-Healey Public Contracts Act (DEC 1996)

52.222-54 Employment Eligibility Verification (JAN 2009)

52.225-1 Buy American – Supplies (FEB 2009)

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)

2.02 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-

78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer shall check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L.

110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

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

X (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

X (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements

(Mar 2009) (Pub. L. 111-5).

___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a).

___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (7) [Reserved]

X (8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C.

644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C.

637(d)(2) and (3)).

___ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(15 U.S.C. 637

(d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (12) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)).

___ (13) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999)(15 U.S.C.

637(d)(4)(F)(i)).

___ (14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged

Business Concerns (Oct 2008)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (15) 52.219-25, Small Disadvantaged Business Participation Program—

Disadvantaged Status and Reporting (Apr 2008)(Pub. L. 103-355, section 7102, and 10

U.S.C. 2323).

___ (16) 52.219-26, Small Disadvantaged Business Participation Program—Incentive

Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business

Set-Aside (May 2004) (15 U.S.C. 657 f).

_ X (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009)

(15 U.S.C. 632(a)(2)).

_ X (19) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

_ X (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb

2008) (E.O. 13126).

_ X (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_ X (22) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

___ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the

Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

_ X (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29

U.S.C. 793).

___ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the

Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

___ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union

Dues or Fees (Dec 2004) (E.O. 13201).

___ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (28) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42

U.S.C. 8259b).

___ (30) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of

Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

___ (31) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d).

___ (32) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act

(Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C.

3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and

110-138).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

___ (33) 52.225-5, Trade Agreements (Jun 2009) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

X (34) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.‘s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

___ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

U.S.C. 5150).

___ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov 2007) (42 U.S.C. 5150).

___ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)

(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (38) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C.

255(f), 10 U.S.C. 2307(f)).

X (39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor

Registration (Oct. 2003)(31 U.S.C. 3332).

___ (40) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central

Contractor Registration (May 1999)(31 U.S.C. 3332).

___ (41) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332).

___ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

___ (43) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29

U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price

Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C.206 and 41

U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price

Adjustment (Feb 2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007)

(41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar

2009) (Pub. L. 110-247).

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008)(31 U.S.C.

5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor‘s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-

252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004)(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000

($1,000,000 for construction of any public facility), the subcontractor must include

52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam

Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C.

793).

(vii) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or

Fees (Dec 2004) (E.O. 13201).

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007)

(41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for

Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar

2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

2.03 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.

2.04 FAR 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.

(b) 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.

http://www.federalreporting.gov/

(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—

(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.

2.05 FAR 52.215-2 -- AUDIT AND RECORDS -- NEGOTIATION (MAR 2009)

(a) As used in this clause, ―records‖ includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor‘s plants, or parts of them, engaged in performing the contract.

(c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the

Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor‘s records, including computations and projections, related to --

(1) The proposal for the contract, subcontract, or modification;

(2) The discussions conducted on the proposal(s), including those related to negotiating;

(3) Pricing of the contract, subcontract, or modification; or

(4) Performance of the contract, subcontract or modification.

(d) Comptroller General—

(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials, shall have access to and the right to—

(i) Examine any of the Contractor‘s or any subcontractor‘s records that pertain to and involve transactions relating to this contract or a subcontract hereunder; and

(ii) Interview any officer or employee regarding such transactions.

(2) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting

Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating --

(1) The effectiveness of the Contractor‘s policies and procedures to produce data compatible with the objectives of these reports; and

(2) The data reported.

(f) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), (c), (d), and (e) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in Subpart

4.7, Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition --

(1) If this contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and

(2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved.

(g)(1) Except as provided in paragraph (g)(2) of this clause, the Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract. The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under the

Government prime contract.

(2) The authority of the Inspector General under paragraph (d)(1)(ii) of this clause does not flow down to subcontracts.

(End of Clause)

2.06 SPECIAL CONTRACT REQUIREMENTS

2.61 Scope of Work:

A. Provide the following services for primary power line and reactor, transformer and switch maintenance along primary power line on state highway SR504 MP 22 to 52.

B. Complete all work that is possible while the system is energized. Two night outages on subsequent nights from 7:00PM to 7:00AM will be utilized to perform the remainder of the work will be allowed.

2.62 Equipment and Quality Control

A. Supply all tools, bucket trucks, pickups, rubber blankets to cover live parts, testing equipment, tarps to cover open equipment in case rain, , generators and work lights, etc as needed to complete the scope of work as included in this specification.

B. Supply qualified line persons for all (25KV) high-voltage switching work and qualified test personnel for testing and maintenance. Under OSHA and WISHA rules, specific equipment and quantity of personnel are required for proper and safe operation in and around high-voltage equipment.

C. All work shall be done by electricians licensed in the State of Washington.

D. Contractor shall submit qualifications for this project for work on 25KV power lines maintenance and transformer maintenance.

E. Arrange for and pay for any inspections of work required by local AHJ.

F. Final acceptance will not be made until final certificate of inspection is provided to the

Government.

2.63 Oil Samples and Testing:

A. Sample oil for dissolved gases and oil quality and analyze the results for the following equipment:

1. (3) booster transformers at the metering point

2. (1) spare booster transformer at Coldwater Maintenance Facility

3. (4) reactors

4. (1) padmount transformer at Fish Hatchery

5. (1) padmount transformer at Ecopark

6. (1) padmount transformer at Hoffstadt Bluffs

7. (1) padmount transformer at WSDOT maintenance facility

8. (1) padmount transformer at Weyerhaeuser‘s viewpoint

9. (2) padmount transformers at Coldwater Maintenance Facility

10. (1) spare padmount transformer at Coldwater Maintenance Facility

11. (1) padmount transformer at Coldwater Visitor‘s Center

12. (1) padmount transformer at Coldwater Lake

13. (1) padmount transformer at Johnston Ridge well pump

14. (1) padmount transformer at Johnston Ridge

2.64 Testing of Transformers and Reactors

A. Perform electrical testing on the following equipment.

B. Tests for the transformers to include Doble power factor test of winding and bushing insulation, turns ratio test on all taps, excitation current, watts measurement, percent impedance on nominal tap, winding dc resistance tests on in-service tap, and meggar tests of winding insulation. Reactor tests to include AC impedance and winding DC resistance. Thorough electrical testing in conjunction with oil sampling provides a very complete picture of the condition of equipment.

1. (4) reactors.

2. (3) booster transformers at the metering point.

2.65 Government Furnished Property (GFP) for Testing

A. The Forest Service will allow use of all spare high-voltage parts as needed out of the stock at the

Coldwater Maintenance Facility. Several pieces of equipment such as 35kv elbows are needed to facilitate testing. Arrange with Duane Chatham for use, sign in and out, and return upon project completion prior to final payment.

2.66 Transformer Oil

A. Supply and install up to 55 gallons of electrical grade mineral oil into a maximum of three pieces of equipment. Although none of the equipment oil levels are critical, reactor #1 and one of the pad mount transformers had oil levels appearing slightly low.

B. Verify oil level in all transformers and reactors sampled for oil testing. If oil is required add to specifications for that device.

2.67 Switch Maintenance at MP 22 at Utility Company Interface

A. The following overhead switches at the metering point at utility company interface will be operated, cleaned and maintained: Switches not operated for long periods of time can become sticky and fail to operate when needed.

1. (3) hook-stick operated regulator switches

2. (1) 3-phase gang-operated switch

2.68 Test and Maintain the following Transfer Switches:

A. 25kV S&C PMH-9 automatic transfer switch with controls at Coldwater Maintenance Facility

B. 480V manual transfer switch at Coldwater Maintenance Facility

C. Inspect contacts clean as necessary, verify full automatic operation

2.69 Conduit Repair at East Elk Creek Bridge

A. Repair broken conduit at East Elk Creek Bridge at MP 30. Existing conduits have been pulled apart.

B. Contact, coordinate, and communicate with WSDOT for additional supports.

C. Repairs must be done without removing 25KV conductors.

D. Provide submittal on proposed repair method and materials.

E. See photos below.

2.70 Wire Reels

A. Move and re spool on new spools three wire reels at the Coldwater Maintenance Facility to a covered area.

B. Provide any equipment needed to lift spools and move wire on damaged wooden spools to new spool.

C. Spools are 6 ft diameter wooden spools Verify with existing spools.

D. Verify weight of spools for coordination with lifting equipment.

2.71 Utility Company Coordination

A. Coordinate required outages with Cowlitz PUD. The breaker at the metering point is owned and operated by Cowlitz PUD.

B. De-energize, isolate, ground, and re-energize the system, for all outages.

C. Provide 7 days notice to COR of anticipated power outage to coordinate with local PUD.

D. Setup and manage power outage ticked with PUD.

E. Only two power outages for 12 hours will be allowed to complete all items in this contact that require that the system be de energized.

2.72 Wooden Power Pole Core Tests

A. Test four wooden power poles at Kid Valley Metering Location for core integrity by core samples.

Power poles must meet industry standards for strength and integrity.

B. Provide a report of core tests.

2.73 Project Scheduling

A. All work that requires the system to be de energized shall be done at night between 7PM to 7AM.

B. Work that does not require a power outage may be done during normal work days.

2.74 Testing Report

A. Development of a Final Report Summary listing all findings, with test data and recommendations.

Provide in MS Word and XLS format.

B. Provide electronic copy (XLS, PDF) of all individual test reports and hard copies in a 3-ring binder with an Index to Contents.

2.75 Photos of broken CONDUITS WITH 25KV cable to be repaired

A. Repairs shall be done without removing conductors.

END OF SECTION

PART III –ATTACHMENTS

Attachments are incorporated into this contract and hereby made part of this solicitation and any resultant contract.

Attachment 1:

25KV Power Line Maintenance Site Map

Wage Rate Determination

Attachment 2:

25KV Power Line Maintenance Bid Package – Fill-in

PART IV – REPRESENTATIONS

4.1 INSTRUCTIONS: Submit Schedule of Items, Qualified Names of Electricians, and Reference List, complete the electronic contractor registration (see below), and fax your three-page bid package to 503-

668-1621 or e-mail to aawong@fs.fed.us with subject line Mt. St. Helens 25KV Power Line Maintenance

Quote. Call the person below to confirm receipt. Quotes are due by 1500 hours, local time, April 12, 2010 in the offices of:

USDA Forest Service

EROC-NW Contracting, Attn: Amy Wong

16400 Champion Way

Sandy, OR 97055

Fax: (503) 668-1621, Office (503) 668-1436 aawong@fs.fed.us

Schedule of Items: Vendors can fill in the Schedule of Items in Attachment 2.

Qualifications: Provide electrician names certified for high voltage work proposing to perform the work on this project in Attachment 2.

Reference List: Vendors can fill in Reference List in Attachment 2

Registration: Contractor registration in the CCR, Central Contractors Registration is required and can be done on line at www.ccr.gov along with online registration of the Contractor‘s Representations and

Certifications at http://orca.bpn.gov.

4.2 FAR 52.212-2 Evaluation – Commercial Items (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate offers: Price and Past Performance. Past performance and price are weighed equally.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

mailto:aawong@fs.fed.us mailto:aawong@fs.fed.us http://www.ccr.gov/

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

4.3 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (JUN 2009)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the

ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

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

―Emerging small business‖ means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

―Forced or indentured child labor‖ means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

―Manufactured end product‖ means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

―Place of manufacture‖ means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government.

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