IFB0011-11EWP(A3).pdf

SOLICITATION, OFFER, AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO. |2. TYPE OF SOLICITATION |3. DATE ISSUED

| [X] SEALED BID (IFB) |

AG-4423-S-11-0011 | [ ] NEGOTIATED (RFP) | 5-17-11

IMPORTANT-The "Offer" section on pages 2 and 3 must be fully completed by offeror.

4. CONTRACT NO. |5. REQUISITION/PURCHASE REQUEST| 6. PROJECT NO.

| NO. 512672 | FORREST COUNTY EWP

7. ISSUED BY CODE |______________| 8. ADDRESS OFFER TO

(Hand-carried/Courier Address) | (U.S. Mail Delivery) USDA, Natural Resources Conserv Svc | USDA, Natural Resources Conserv. Svc.

Suite 1321, Federal Building | Suite 1321, Federal Building 100 West Capitol Street | 100 West Capitol Street Jackson, MS 39269-1399 | Jackson, MS 39269-1399

9. FOR |A. NAME |B. TELEPHONE NO. (Include area code)

INFORMATION| | (NO COLLECT CALLS)

CALL |Contracts Section | (601) 965-4098, ext. 163

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):

Construction of streambank stabilization on Watts Brothers Site in the City of Hattiesburg, Forrest County, Mississippi, to be opened June 16, 2011, at 1:30 p.m.

Price Range: Between $100,000 and $250,000

11. The Contractor shall begin performance within 10 calendar days and complete it within 89 calendar days after receiving [ ] award [X] notice to proceed. This performance period is [X] mandatory [ ] negotiable. (See Section F, FAR 52.211-10).

EXCEPTION TO STANDARD FORM 1442 (REV.4-85) Prescribed by GSA APPROVED BY GSA/OIRM (6/85) FAR(48 CFR) 53.236-1(e)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED | 12B. CALENDAR DAYS

PERFORMANCE AND PAYMENT BONDS? (If "YES" | indicate within how many calendar days | 10 after award in Item 12B.) |

[X] YES [ ] NO |

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 7 or 8 by 1:30 PM CST local time, 8-25-10.

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 [X] 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.

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR |15. TELEPHONE NO. (Include area code) (Include ZIP Code) | |16. REMITTANCE ADDRESS (Include | only if different than Item 14)

CODE FACILITY CODE |

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing 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|

EXCEPTION TO STANDARD FORM 1442 (REV.4-85)

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 |20B. SIGNATURE |20C. OFFER DATE

AUTHORIZED TO SIGN OFFER | |

(Type or print) | | AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT | 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO | 25. OTHER THAN FULL AND OPEN

ADDRESS SHOWN IN ITEM _____ | COMPETITION PURSUANT TO:

(4 copies unless otherwise | [ ] 10 USC 2304(c) ( ) specified) | [ ] 41 USC 253(c) ( )

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

USDA, NRCS | USDA, Natural Resources Conserv. Svc.

Suite 1321, Federal Building | Suite 1321, Federal Building 100 West Capitol Street | 100 West Capitol Street Jackson, MS 39269-1399 | Jackson, MS 39269-1399

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 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 | 31A. NAME OF CONTRACTING OFFICER

OR PERSON AUTHORIZED TO SIGN | (Type or print) (Type or print) |

30B. SIGNATURE | 30C. DATE |31B. UNITED STATES |31C. AWARD

| | OF AMERICA | DATE

| | BY _________________ |

TABLE OF CONTENTS PAGE

SOLICITATION, OFFER, AND AWARD

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 BID SCHEDULE

B.2 4I-52.214-1 AWARD RESTRICTION (AUG 1987, NRCS, AMB) . 5

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 STATEMENT OF WORK

C.2 AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF

WORK/SPECIFICATIONS (FEB 1988)

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 8

E.2 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT . 8

(FEB 1999)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 9

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION . 9

OF WORK (APR 1984)

F.3 ACTUAL DAMAGES--CONSTRUCTION

F.4 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR . . . 10

(APR 1984)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 4I-52.232-70 DESIGNATED PAYMENT OFFICE CONTACT POINT . 11

(AUGUST 1989)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 52.236-4 PHYSICAL DATA (APR 1984)

H.2 AGAR 452.236-73 ARCHEOLOGICAL OR HISTORIC SITES . . . 12

(FEB 1988)

H.3 AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION, . . 12

AND POLLUTION (NOV 1996)

H.4 AGAR 452.236-75 MAXIMUM WORKWEEK - CONSTRUCTION . . . 13

SCHEDULE (NOV 1996)

H.5 AGAR 452.236-76 SAMPLES AND CERTIFICATES

(FEB 1988)

H.6 4I-52.249-70 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATH 13

(NRCS, AMB) (JULY 1993)

H.7 NATURAL RESOURCES CONSERVATION SERVICE

SUPPLEMENT TO OSHA PARTS 1910 AND 1926

CONSRUCTION INDUSTRY STANDARDS AND INTERPRETATIONS

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 23

i

TABLE OF CONTENTS PAGE

I.2 52.225-9 BUY AMERICAN ACT--CONSTRUCTION MATERIALS . . 26

(SEP 2010)

I.3 52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

I.4 AGAR 452.232-70 REIMBURSEMENT FOR BOND PREMIUMS-- . . 30

FIXED-PRICE CONSTRUCTION CONTRACTS (NOV 1996)

I.5 4I-52.232-72 OTHER INVOICING REQUIREMENTS UNDER PROMPT 30

FOR CONSTRUCTION CONTRACTS (NRCS, AMB, JULY 1993)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS . . . 32

SECTION J - LIST OF ATTACHMENTS

J.1 LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS

K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS . . 33

(JAN 2011)

K.2 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY . . . 38

MATTERS (APR 2010)

K.3 AGAR 452.222-70 COMPLIANCE WITH VETERANS EMPLOYMENT . 40

REPORTING REQUIREMENTS (SEP 2010)(DEVIATION)(USDA)

SECTION L - INSTRUCTIONS, CONDITIONS, AND

NOTICES TO OFFERORS

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED

BY REFERENCE (FEB 1998)

L.2 52.211-4 AVAILABILITY FOR EXAMINATION OF

SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM

DESCRIPTIONS (JUN 1988)

L.3 52.216-1 TYPE OF CONTRACT (APR 1984)

L.4 52.222-5 DAVIS-BACON ACT—SECONDARY SITE OF THE WORK . 42

(JUL 2005)

L.5 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE . . . 42

ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR

CONSTRUCTION (FEB 1999)

L.6 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT-- . 44

CONSTRUCTION MATERIAL (FEB 2009)

L.7 52.228-1 BID GUARANTEE (SEP 1996)

L.8 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.9 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984 46

L.10 AGAR 452.204-70 INQUIRIES (FEB 1988)

L.11 AGAR 452.228-70 ALTERNATIVE FORMS OF SECURITY

(NOV 1996)

L.12 52.236-27 SITE VISIT (CONSTRUCTION) Alternate I

(FEB 1995)

SECTION M - EVALUATION FACTORS FOR AWARD

ii

AG-4423-S-11-0011 Section B

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 BID SCHEDULE

ITEM SPEC. UNIT

NO. ITEMS NO. QUANTITY UNIT PRICE AMOUNT

1. Clearing and Grubbing 2 1 L.S. $XXXXXX $____________

2. Structure Removal 3 1 L.S. $XXXXXX $____________

3. Protective Cover 6 1.0 AC. $______ $____________

4. Mobilization/Demobilization 8 1 L.S. $XXXXXX $____________

5. Excavation, Common 21 2,410 C.Y. $______ $____________

6. Earthfill, Class C 23 505 C.Y. $______ $____________

7. Rock Riprap 61 2,760 TON $______ $____________

8. Geotextile 95 3,815 S.Y. $______ $____________

9. Concrete Grout 410 102 C.Y. $______ $____________

TOTAL BID PRICE . . . . . . . . . . $____________

B.2 4I-52.214-1 AWARD RESTRICTION (AUG 1987, NRCS, AMB)

One award for the aggregate of all items will be made under this solicitation.

AG-4423-S-11-0011 Section C

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 STATEMENT OF WORK

Construction of streambank stabilization on Watts Brothers Site in the City of Hattiesburg, Forrest County, Mississippi. Work is to be performed in accordance with the following specifications:

NUMBER TITLE

CONSTRUCTION SPECIFICATIONS

2 (pages 1-3) Clearing and Grubbing 3 (pages 1-3) Structure Removal 5 (pages 1-4) Pollution Control 6 (pages 1-5) Seeding, Sprigging and Mulching 7 (pages 1-5) Construction Surveys 8 (pages 1-2) Mobilization and Demobilization 9 (pages 1-3) Traffic Control 11 (pages 1-3) Removal of Water 21 (pages 1-5) Excavation 23 (pages 1-6) Earthfill 61 (pages 1-5) Rock Riprap and list of rock riprap suppliers 94 (pages 1-4) Contractor Quality Control 95 (pages 1-4) Geotextile 410 (pages 1-5) Concrete Grout

MATERIAL SPECIFICATIONS

522 (page 1) Aggregates for Portland Cement Concrete 523 (pages 1-3) Rock for Riprap 531 (page 1) Portland Cement 532 (page 1) Mineral Admixtures for Concrete 533 (page 1) Chemical Admixtures for Concrete 534 (page 1) Concrete Curing Compound 592 (pages 1-3) Geotextile

C.2 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.

AG-4423-S-11-0011 Section D

SECTION D - PACKAGING AND MARKING

THERE ARE NO CLAUSES INCLUDED IN THIS SECTION

AG-4423-S-11-0011 Section E

SECTION E - INSPECTION AND ACCEPTANCE

E.1 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):

http://www.arnet.gov/far/

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

E.2 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT

(FEB 1999)

The Contractor shall comply with the higher-level quality standard selected below. [If more than one standard is listed, the offeror shall indicate its selection by checking the appropriate block.]

[_] Title Contractor Quality Control Number CS 94 Date 05/01/01 Tailoring

[_] Title Number Date Tailoring

[_] Title Number Date Tailoring

[_] Title Number Date Tailoring

AG-4423-S-11-0011 Section F

SECTION F - DELIVERIES OR PERFORMANCE

F.1 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

52.211-18 VARIATION IN ESTIMATED QUANTITY APR 1984

52.242-14 SUSPENSION OF WORK APR 1984

F.2 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 89 calendar days after receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

F.3 ACTUAL DAMAGES--CONSTRUCTION

(a) If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Contractor shall pay to the Government as actual damages, the total expenses for the COR and Inspector. These expenses shall include but is not limited to the salary and travel costs associated with this project.

(b) If the Government terminates the Contractor's right to proceed, the resulting damage will consist of actual damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned the Government in completing the work.

(c) If the Government does not terminate the Contractor's right to proceed, the resulting damage will consist of actual damages until the work is completed or accepted.

AG-4423-S-11-0011 Section F

F.4 52.236-1 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 20 percent of the total amount of work to be performed under the 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 Officer determines that the reduction would be to the advantage of the Government.

AG-4423-S-11-0011 Section G

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 4I-52.232-70 DESIGNATED PAYMENT OFFICE CONTACT POINT (NRCS, AMB)

(AUGUST 1989)

The contact point described below coordinates the issuance of payments under this contract. If payment is not received within 7 days after the due date specified in the contract, contact the payment office designated below for information on when payment will be made.

Contracts Section Phone (601) 965-4098 ext. 163 USDA, Natural Resources Conservation Service Suite 1321, Federal Building 100 West Capitol Street Jackson, MS 39269-1399

If questions arise on the amount paid, contact the contracting officer at the number or address shown in the contract.

AG-4423-S-11-0011 Section H

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 52.236-4 PHYSICAL DATA (APR 1984)

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

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by USDA, Natural Resources Consrv. Svc. (Topographic mapping).

(b) Weather conditions

National Oceanic Atmospheric Administration (NOAA) Climatological Data

(b) Transportation facilities

Federal, State and County roads, and the access roads shown on the drawings.

H.2 AGAR 452.236-73 ARCHEOLOGICAL OR HISTORIC SITES

(FEB 1988)

If a previously unidentified archeological 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.3 AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION,

AND POLLUTION (NOV 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

H.4 AGAR 452.236-75 MAXIMUM WORKWEEK - CONSTRUCTION

SCHEDULE (NOV 1996)

Within 10 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

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

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

The maximum workweek that will be approved is 10 hours per day, six days per week, Monday through Saturday.

H.5 AGAR 452.236-76 SAMPLES AND CERTIFICATES

(FEB 1988)

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative.

Certificates and test data shall be submitted in triplicate to show compliance of materials and construction specified in the contract performance requirements.

Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

H.6 4I-52.249-70 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

(NRCS, AMB) (JULY 1993)

(a) This clause specifies the procedure for determination of time extensions for unusually severe weather in accordance with the FAR Clause 52.249-10, DEFAULT (fixed-price construction). In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

(1) The weather experienced at the project site during the contract period must be found to be unusually severe;

that is, more severe than the adverse weather anticipated for the project location during any given month.

H.6 (Continued)

(2) The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the contractor.

(b) The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the baseline for monthly weather time evaluations. The Contractor's progress schedule must reflect those anticipated adverse weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON 6 DAY WORK WEEK

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

(17) (13) ( 8) ( 5) ( 6) ( 7) ( 9) ( 8) ( 6) ( 4) ( 9) (15)

(c) Upon acknowledgement of the Notice to Proceed (NTP) and continuing throughout the contract, the contractor will record the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay must prevent work on critical activities for fifty (50) percent or more of the contractor's scheduled work day. The number of actual adverse weather days shall include days impacted by actual adverse weather (even if adverse weather occurred in the previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph (b) above, the contractor may submit a written request for a modification for extension of performance time due to unusually severe weather. The Contracting Officer will convert any qualifying delays into calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with FAR Clause 52.249-10, Default (Fixed-Price Construction).

H.7 NATURAL RESOURCES CONSERVATION SERVICE

SUPPLEMENT TO OSHA PARTS 1910 AND 1926

CONSRUCTION INDUSTRY STANDARDS AND INTERPRETATIONS

The contractor shall comply with OSHA (Occupational Safety and Health Administration) Parts 1910 and 1926, Construction Industry Standards and Interpretations, and with this supplement.

Requests for variances or waivers from this supplement are to be made to the contracting officer in writing supported by evidence that every reasonable effort has been made to comply with the contractual requirements. A written request for a waiver or a variance shall include--

(1) Specific reference to the provision or standard in question;

(2) An explanation as to why the waiver is considered justified;

and

(3) The contractor's proposed alternative, including technical drawings, materials, or equipment specifications needed to enable the contracting officer to render a decision.

No waiver or variance will be approved if it endangers any person.

The contractor shall not proceed under any requested revision of a provision until the contracting officer has given written approval. The contractor is to hold and save harmless the USDA, Natural Resources Conservation Service free from any claims or causes of action whatsoever resulting from the contractor or subcontractors proceeding under a waiver or approved variance.

Copies of OSHA Parts 1910 and 1926, Construction Industry Standards and Interpretations, may be obtained from:

Superintendent of Documents U.S. Government Printing Office Washington, D.C. 20402

NATURAL RESOURCES CONSERVATION SERVICE

SUPPLEMENT TO OSHA PARTS 1910 AND 1926

CONSTRUCTION INDUSTRY STANDARDS AND INTERPRETATIONS

GENERAL CONTRACTOR REQUIREMENTS

1.1 SAFETY PROGRAM. Each contractor is to demonstrate that he or she has facilities for conducting a safety program commensurate with the work under contract. The contractor is to submit in writing a proposed comprehensive safety program to the contracting officer for approval before the start of construction operations.

The program is to specifically state what provisions the contractor proposes to take for the health and safety of all employees, including subcontractors and rental equipment operators. The program shall be site specific and provide details relevant to the work to be done, the hazards associated with the work, and the actions that will be necessary to minimize the identified hazards.

1.2 PRECONSTRUCTION SAFETY MEETING. Representatives for the

contractor are to meet with the contracting officer (CO) or the CO's representative before the start of construction to discuss the safety program and the implementation of all health and safety standards pertinent to the work under this contract.

1.3 JOINT SAFETY POLICY COMMITTEE. The contractor of designated onsite representative is to participate in monthly meetings of a Joint Safety Policy Committee, composed of USDA, Natural Resources Conservation Service and contractor supervisory personnel. At these meetings the contractor's project manager and the contracting officer will review the effectiveness of the contractor's safety effort, resolve current health and safety problems, and coordinate safety activities for upcoming work.

1.4 SAFETY PERSONNEL. Each contractor is to designate a

competent supervisory employee satisfactory to the contracting officer to administer the safety program.

1.5 SAFETY MEETINGS. A minimum of one "on-the-job" or "toolbox" safety meeting is to be conducted each week by all field supervisors or foremen and attended by mechanics and all construction personnel at the jobsite. The contractor is to also conduct regularly scheduled supervisory safety meetings at least monthly for all levels of job supervision.

1.6 SAFETY INSPECTION. The contractor shall perform frequent and regular safety inspections of the jobsite, materials, and equipment, and shall correct deficiencies.

1.7 FIRST AID TRAINING. Every contractor foreman's work crew

must include an employee who has a current first aid certificate from the Mine Safety and Health Administration, American Red Cross, or other state-approved organization.

1.8 REPORTS. Each contractor is to maintain an accurate record of all job-related deaths, diseases, or disabling injuries. The records shall be maintained in a manner approved by the contracting officer. A copy of all reports is to be provided to the contracting officer. All fatal or serious injuries are to be reported immediately to the contracting officer, and every assistance is to be given in the investigation of the incident, including submission of a comprehensive narrative report to the contracting officer. Other occurrences with serious accident potential, such as equipment failures, slides, and cave-ins, must also be reported immediately. The contractor is to assist and cooperate fully with the contracting officer in conducting accident investigations. The contracting officer is to be furnished all information and data pertinent to investigation of an accident.

1.9 CERTIFICATION OF INSURANCE. Contractors are to provide the contracting officer or his or her authorized representative with certificates of insurance before the start of operations indicating full compliance with State Worker's Compensation statutes.

FIRST AID AND MEDICAL FACILITIES

2.1 FIRST AID KITS. A 16-unit first aid kit approved by the

American Red Cross is to be provided at accessible, well-identified, locations at the ratio of at least 1 kit for each 25 employees. The first aid kits are to be moisture proof and dust tight, and the contents of the kits are to be replenished as used or as they become ineffective or outdated.

2.2 EMERGENCY FIRST AID. At least one employee certified to

administer emergency first aid must be available on each shift and duly designated by the contractor to care for injured employees.

The names of the certified employees shall be posted at the jobsite.

2.3 COMMUNICATION AND TRANSPORTATION. Prior to the start of

work, the contractor is to make necessary arrangements for prompt and dependable communications, transportation, and medical care for injured employees. At least one stretcher and two blankets shall be readily available for transporting injured employees.

2.4 FIRST AID AND MEDICAL REPORTS. The contractor is to

maintain a record system for first aid and medical treatment on the jobsite. Such records are to be readily available to the contracting officer and are to include--

(a) A daily treatment log listing chronologically all persons treated for occupational injuries and illnesses;

(b) Cumulative record of injury for each individual;

(c) Monthly statistical records of occupational injuries, classified by type and nature of injury; and

(d) Required records for worker's compensation.

2.5 SIGNS AND DIRECTIONAL MARKINGS. Adequate identification and directional markers are to be provided to readily denote the location of all first aid stations.

2.6 EMERGENCY LISTING. A listing of telephone numbers and

addresses of doctor, rescue squad, hospital, police, and fire departments is to be provided at all first aid locations.

PHYSICAL QUALIFICATION OF EMPLOYEES

3.1 GENERAL REQUIREMENTS. Persons employed throughout the

contract are to be physically qualified to perform their assigned duties. Employees must not knowingly be permitted or required to work while their ability or alertness is impaired by fatigue, illness, or any other reason that may jeopardize themselves or others.

3.2 HOIST OPERATORS. Operators of cranes, cableways, and other hoisting equipment shall be examined annually by a physician and provided with a certification stating that they are physically qualified to safely operate hoisting equipment. The contractor is to submit a copy of each certification to the contracting officer.

3.3 HEAVY EQUIPMENT OPERATORS. It is recommended that operators of trucks and heavy construction equipment be given physical examinations to determine if they are physically qualified to perform their assigned work without endangering themselves or others.

3.4 MOTOR VEHICLE OPERATORS. Operators of motor vehicles

engaged primarily in the transportation of personnel are to be 18 years of age or older and have a valid state operator's permit or license for the equipment being operated. The operators must have passed a physical examination administered by a licensed physician within the past year showing that they are physically qualified to operate vehicles safely.

PERSONAL PROTECTIVE EQUIPMENT

4.1 HARD-HAT AREAS. The entire jobsite, with the exception of offices, shall be considered a hard-hat area. All persons entering the area are, without exception, required to wear hard-hats. The contractor shall provide hard-hats for visitors entering hard-hat areas.

4.1.1 LABELS. Hard-hats shall bear a manufacturer's label

indicating design compliance with the appropriate ANSI (American National Standards Institute) standard.

4.2 POSTING. Signs at least 3 by 4 feet worded as follows with red letters (minimum 6 inches high) and white background shall be erected at access points to designated hard-hat areas:

CONSTRUCTION AREA -- HARD-HAT REQUIRED BEYOND THIS POINT

These signs are to be furnished and installed by the contractor at entries to shops, construction yards, and job access points.

4.3 SAFETY GOGGLES (DRILLERS)

4.3.1 DRILLERS AND HELPERS. Drillers and helpers operating

pneumatic rock drills must wear protective safety goggles.

MACHINERY AND MECHANIZED EQUIPMENT

5.1 SAFE CONDITION. Before any machinery or mechanized

equipment is initially used on the job, it must be inspected and tested by qualified personnel and determined to be in safe condition and appropriate for the intended use. Operators shall inspect their equipment prior to the beginning of each shift. Any deficiencies or defects shall be corrected prior to using the equipment. Safety equipment, such as seatbelts, installed on machinery is to be used by equipment operators.

5.2 TAGGING AND LOCKING. The controls of power-driven equipment under repair are to be locked. An effective lockout and tagging procedure is to be established, prescribing specific responsibilities and safety procedures to be followed by the person or persons performing repair work.

5.3 HAUL ROADS FOR EQUIPMENT

5.3.1 ROAD MAINTENANCE. The contractor shall maintain all

roadways, including haul roads and access roads, in a safe condition so as to eliminate or control dust and ice hazards.

Wherever dust is a hazard, adequate dust-laying equipment shall be available at the jobsite and utilized to control the dust.

5.3.2 SINGLE LANE HAUL ROADS. Single-lane haul roads with two-way traffic shall have adequate turnouts. Where turnouts are not practical, a traffic control system shall be provided to prevent accidents.

5.3.3 TWO-WAY HAUL ROADS. On two-way haul roads, arrangements are to be such that vehicles travel on the right side wherever possible. Signs and traffic control devices are to be employed to indicate clearly any variations from a right-hand traffic pattern.

The road shall be wide enough to permit safe passage of opposing traffic, considering the type of hauling equipment used.

5.3.4 DESIGN AND CONSTRUCTION OF HAUL ROADS. Haul road design criteria and drawings, if requested by the contracting officer, are to be submitted for approval prior to road construction.

Sustained grades shall not exceed 12 percent and all curves shall have open-sight line with as great a radius as practical. All roads shall be posted with curve signs and maximum speed limits that will permit the equipment to be stopped within one-half the minimum sight distance.

5.3.5 OPERATORS. Machinery and mechanized equipment shall be

operated only by authorized qualified persons.

5.3.6 RIDING ON EQUIPMENT. Riding on equipment by unauthorized personnel is prohibited. Seating and safety belts shall be provided for the operator and all passengers.

5.3.7 GETTING ON OR OFF EQUIPMENT. Getting on or off equipment while the equipment is in motion is prohibited.

5.3.8 HOURS OF OPERATION. Except in emergencies, an equipment operator shall not operate any mobile or hoisting equipment for more than 12 hours without an 8-hour rest interval away from the job.

5.4 POWER CRANES AND HOISTS (truck cranes, crawler cranes, tower cranes, gantry cranes, hammerhead cranes, derricks, cableways, and hoists)

5.4.1 PERFORMANCE TEST. Before initial onsite operation, at

12-month intervals, and after major repairs or modification, power cranes, derricks, cableways, and hoists must satisfactorily complete a performance test to demonstrate the equipment's ability to safely handle and maneuver the rated loads. The tests shall be conducted in the presence of a representative of the contracting officer. Test data shall be recorded and a copy furnished the contracting officer.

5.4.2 PERFORMANCE TEST--Power Cranes (Crawler mounted, truck

mounted, and wheel mounted). The performance test is to be carried out with outriggers set and with a test load weighing 110 percent of the rated capacity when the boom angle is from 30 degrees to 60 degrees above the horizontal. The test is to consist of raising, lowering and braking the load and rotating the test load through 360 degrees at the specified boom angle or radius. Cranes equipped with jibs or boom tip extensions are to be tested using both the main boom and the jib, with an appropriate test load in each case.

5.4.3 PERFORMANCE TEST--Derricks, Gantry Cranes, Tower Cranes, Cableways, and Hoists, including Overhead Cranes. This equipment is to be performance tested with a test load weighing 110 percent of the rated load. In testing cableways, the test load is to be traveled to the upstream and downstream limits of travel and thoroughly performance tested in at least three travel positions, including both limits of travel.

5.4.4 BOOM ANGLE INDICATOR. Power cranes (includes draglines) with booms capable of moving in the vertical plane shall be provided with a boom angle indicator in good working order.

5.4.5 CRANE TEST CERTIFICATION. The performance test required by

5.4.2 and 5.4.3 is fulfilled if the contractor provides the contracting officer a copy of the certificate of inspection made within the past 12 months by a qualified person or by a government or private agency satisfactory to the contracting officer.

5.4.6 POSTING FOR HIGH VOLTAGE LINES. A notice of the 10-foot (or greater) clearance required by OSHA 1926.550, Subpart N, shall be posted in the operator's cab of cranes, shovels, boom-type concrete pumps, backhoes, and related equipment.

5.4.7 BOOM STOPS. Cranes or derricks with cable-supported booms, except draglines, shall have a device attached between the gantry of the A-frame and the boom chords to limit the elevation of the boom. The device shall control the vertical motions of the boom with increasing resistance from 83 degrees or less, until completely stopping the boom at not over 87 degrees above horizontal.

5.4.8 SAFETY HOOKS. Hooks used in hoisting personnel or hoisting loads over construction personnel or in the immediate vicinity of construction personnel shall be forged steel equipped with safety keepers. When shackles are used under these conditions, they shall be of the locking type or have the pin secured to prohibit turning.

5.5 ROLLOVER PROTECTIVE STRUCTURES (ROPS)

5.5.1 ROLLOVER PROTECTIVE STRUCTURES. OSHA 1926, Subpart W, Overhead Protection, Sections 1000 and 1002 are applicable regardless of the year in which the equipment was manufactured and regardless of the struck capacity of the equipment.

5.5.2 EQUIPMENT REQUIRING ROPS. The requirement for ROPS meeting

5.5.1 above applies to crawler and rubber-tired tractors such as dozers, push-and-pull tractors, winch tractors, tractors with backhoes, and mowers; off-highway, self-propelled, pneumatic-tired earthmovers, including scrapers, motor graders and loaders; and rollers, compactors, and water tankers (excluding trucks with cabs). These requirements shall also apply to agricultural and industrial tractors and similar equipment.

5.5.3 EQUIPMENT REQUIRING SEATBELTS. The requirements for

seatbelts as specified in OSHA 1926, Subpart O, Motor Vehicles, Mechanized Equipment, and Marine Operations, Section 1926.602 shall also apply to self-propelled compactors and rollers, and rubber-tired skid-steer equipment.

LADDERS AND SCAFFOLDING

6.1 LADDERS. OSHA 1926, Subpart L - Section 450. Ladders shall be used as work platforms only when use of small hand tools or handling of light material is involved. No work requiring lifting of heavy materials or substantial exertion shall be done from ladders.

6.2 SCAFFOLDING. OSHA 1926, Subpart L - Section 451.

Scaffolds, platforms or temporary floors shall be provided for all work except that which can be done safely from the ground or similar footing.

6.3 SAFETY BELTS, LIFELINE, AND LANYARDS. OSHA 1926, Subpart E, Section 104. Lifelines, safety belts and lanyards independently attached or attended, shall be used when performing such work as the following when the requirements of 6.1 or 6.2 above cannot be met.

(a) Work on stored material in hoppers, bins, silos, tanks, or other confined spaces.

(b) Work on hazardous slopes, structural steel, or poles;

erection or dismantling of safety nets, tying reinforcing bars; and work from Boatswain's chairs, swinging scaffolds, or other unguarded locations at elevations greater than 6 feet.

(c) Work on skips and platforms used in shafts by crews when the skip or cage does not block the opening to within 1 foot of the sides of the shaft, unless cages are provided.

AG-4423-S-11-0011 Section I

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 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

52.202-1 DEFINITIONS JUL 2004

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984

52.203-7 ANTI-KICKBACK PROCEDURES OCT 2010

52.203-8 CANCELLATION, RESCISSION, AND JAN 1997

RECOVERY OF FUNDS FOR ILLEGAL OR

OR IMPROPER ACTIVITY

52.203-10 PRICE OR FEE ADJUSTMENT FOR JAN 1997

ILLEGAL OR IMPROPER ACTIVITY

52.203-12 LIMITATION ON PAYMENTS TO OCT 2010

INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

52.204-4 PRINTED/COPIED DOUBLE-SIDED ON AUG 2000

RECYCLED PAPER

52.204-7 CENTRAL CONTRACTOR REGISTRATION APR 2008

52.209-6 PROTECTING THE GOVERNMENT'S DEC 2010

INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED,

OR PROPOSED FOR DEBARMENT

52.214-26 AUDIT AND RECORDS--SEALED BIDDING OCT 2010

52.214-27 PRICE REDUCTION FOR DEFECTIVE OCT 2010

COST OR PRICING DATA

- MODIFICATIONS--SEALED BIDDING

52.214-28 SUBCONTRACTOR COST OR PRICING OCT 2010

DATA - MODIFICATIONS - SEALED

BIDDING

52.214-29 ORDER OF PRECEDENCE JAN 1986

- SEALED BIDDING

52.219-4 NOTICE OF PRICE EVALUATION JAN 2011

PREFERENCE FOR HUBZONE SMALL

BUSINESS CONCERNS

52.219-8 UTILIZATION OF SMALL BUSINESS JAN 2011

CONCERNS

I.1 (Continued)

NUMBER TITLE DATE

52.222-3 CONVICT LABOR JUN 2003

52.222-4 CONTRACT WORK HOURS AND JUL 2005

SAFETY STANDARDS

ACT--OVERTIME COMPENSATION

52.222-6 DAVIS-BACON ACT JUL 2005

52.222-7 WITHHOLDING OF FUNDS FEB 1988

52.222-8 PAYROLLS AND BASIC RECORDS JUN 2010

52.222-9 APPRENTICES AND TRAINEES JUL 2005

52.222-10 COMPLIANCE WITH COPELAND FEB 1988

ACT REQUIREMENTS

52.222-11 SUBCONTRACTS (LABOR STANDARDS) JUL 2005

52.222-12 CONTRACT TERMINATION - DEBARMENT FEB 1988

52.222-13 COMPLIANCE WITH DAVIS-BACON AND FEB 1988

RELATED ACT REGULATIONS

52.222-14 DISPUTES CONCERNING LABOR FEB 1988

STANDARDS

52.222-15 CERTIFICATION OF ELIGIBILITY FEB 1988

52.222-21 PROHIBITION OF SEGREGATED FEB 1999

FACILITIES

52.222-26 EQUAL OPPORTUNITY MAR 2007

52.222-27 AFFIRMATIVE ACTION COMPLIANCE FEB 1999

REQUIREMENTS FOR CONSTRUCTION

52.222-35 EQUAL OPPORTUNITY FOR VETERANS SEP 2010

52.222-36 AFFIRMATIVE ACTION FOR OCT 2010

WORKERS WITH DISABILITIES

52.222-37 EMPLOYMENT REPORTS ON VETERANS SEP 2010

52.222-50 COMBATING TRAFFICKING IN PERSONS FEB 2009

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION JAN 2009

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION JAN 1997

AND MATERIAL SAFETY DATA

Alternate I (JUL 1995)

52.223-6 DRUG-FREE WORKPLACE MAY 2001

52.223-14 TOXIC CHEMICAL RELEASE REPORTING AUG 2003

52.223-18 CONTRACTOR POLICY TO BAN TEXT SEP 2010

MESSAGING WHILE DRIVING

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN JUN 2008

PURCHASES

52.227-1 AUTHORIZATION AND CONSENT DEC 2007

52.227-2 NOTICE AND ASSISTANCE REGARDING DEC 2007

PATENT AND COPYRIGHT INFRINGEMENT

52.227-4 PATENT INDEMNITY – CONSTRUCTION DEC 2007

CONTRACTS

52.228-2 ADDITIONAL BOND SECURITY OCT 1997

52.228-11 PLEDGES OF ASSETS SEP 2009

52.228-12 PROSPECTIVE SUBCONTRACTOR OCT 1995

REQUESTS FOR BONDS

52.228-14 IRREVOCABLE LETTER OF CREDIT DEC 1999

I.1 (Continued)

NUMBER TITLE DATE

52.228-15 PERFORMANCE AND PAYMENT BONDS-- OCT 2010

CONSTRUCTION

52.229-3 FEDERAL, STATE, AND LOCAL TAXES APR 2003

52.232-5 PAYMENTS UNDER FIXED-PRICE SEP 2002

CONSTRUCTION CONTRACTS

52.232-17 INTEREST OCT 2010

52.232-23 ASSIGNMENT OF CLAIMS JAN 1986

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION OCT 2008

CONTRACTS

52.232-33 PAYMENT BY ELECTRONIC FUNDS OCT 2003

TRANSFER—CENTRAL CONTRACTOR

REGISTRATION

52.233-1 DISPUTES JUL 2002

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF OCT 2004

CONTRACT CLAIM

52.236-2 DIFFERING SITE CONDITIONS APR 1984

52.236-3 SITE INVESTIGATION AND CONDITIONS APR 1984

AFFECTING THE WORK

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, APR 1984

STRUCTURES, EQUIPMENT, UTILITIES,

AND IMPROVEMENTS

52.236-10 OPERATIONS AND STORAGE AREAS APR 1984

52.236-11 USE AND POSSESSION PRIOR TO APR 1984

COMPLETION

52.236-12 CLEANING UP APR 1984

52.236-13 ACCIDENT PREVENTION NOV 1991

Alternate I (NOV 1991)

52.236-15 SCHEDULES FOR CONSTRUCTION APR 1984

CONTRACTS

52.236-16 QUANTITY SURVEYS APR 1984

52.236-17 LAYOUT OF WORK APR 1984

52.236-21 SPECIFICATIONS AND DRAWINGS FEB 1997

FOR CONSTRUCTION

52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995

52.242-13 BANKRUPTCY JUL 1995

52.243-4 CHANGES JUN 2007

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS DEC 2010

52.248-3 VALUE ENGINEERING - CONSTRUCTION OCT 2010

52.249-2 TERMINATION FOR CONVENIENCE MAY 2004

OF THE GOVERNMENT (FIXED-PRICE)

Alternate I (SEP 1996)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) APR 1984

52.253-1 COMPUTER GENERATED FORMS JAN 1991

I.2 52.225-9 BUY AMERICAN ACT--CONSTRUCTION MATERIALS (SEP 2010)

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

“Commercially available off-the-shelf (COTS) item”—-

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

"Component" means an article, material, or supply incorporated directly into a construction material.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work.

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

"Cost of components" means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, I.2 (Continued) including transportation costs as described in paragraph

(1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

"Domestic construction material" means--

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

(2) A construction material manufactured in the United States, if—

(i) the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C.

10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction material or components listed by the Government as follows: None

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that--

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

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

(c) Request for determination of inapplicability of the Buy American Act.

(1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

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

(d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award.

If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Construction Material Unit of Price Description Measure Quantity (Dollars)*

Item 1:

Foreign Construction Material _______ _______ _______ Domestic Construction…