AG-82B1-S-10-0236.pdf

INTERMOUNTAIN EMERGENCY RECOVERY OPERATION CENTER

INSTRUCTIONS

ISSUING OFFICE: U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

INTERMOUNTAIN EROC

740 SIMMS STREET

GOLDEN, CO 80401

FAX (303) 275-5299

SOLICITATION NO.: AG-82B1-S-10-0236

OFFERS ARE SOLICITED FOR: Recreation Site Water and Wastewater Deferred Maintenance

IMPORTANT – NOTICE TO OFFEROR:

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE TO THIS

SOLICITATION:

1. SF-1442 Solicitation, Offer, and Award (Complete, date, and sign)

2. Section B – Schedule of Items (Page 6). (Complete Unit Price and Amount)

3. Section K – Representations and Certifications (Pages 62-65). (Complete the Representations and Certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov)

5. Bid Guarantee – PLEASE NOTE – A CONTRACTOR CAN BID ON ONE OR MORE BID ITEMS. If a contractor’s bid is under $100,000 – NO BID GUARANTEE will be required. If a contractor’s bid exceeds $100,000 a BID GUARANTEE is required in the amount of 20% of their total bid. If an award is made to any contractor in an amount less than $100,000 the awardee will be required to provide Payment Protection. If an award is made to any contractor in an amount $100,000 or above, awardee will be required to provide Performance and Payment Bonds in the amount of 100% of their bid.

6. Acknowledgement of Amendments

IT IS REQUIRED THAT YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE.

Return to: USDA, Forest Service Intermountain EROC/ ATTN: PHYLLIS R. COBURN-HARRIEL 740 Simms Street Golden, CO 80401

REF SOL#: AG-82B1-S-10-0236

IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE CENTRAL CONTRACTOR

REGISTRATION DATABASE PRIOR TO AWARD UNDER THIS SOLICITATION. SEE CLAUSE

FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION FOR DETAILS ON HOW TO APPLY.

ALL SOLICITATIONS SHALL BE ISSUED THROUGH FEDBIZOPS. NO PAPER SOLICITATIONS SHALL BE

ISSUED. IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE

SOLICITATION, WHICH SHALL BE ISSUED ELECTRONICALLY THROUGH FEDBIZOPS

RECREATION SITE WATER DEFERRED MAINTENANCE AG-82B1-S-10-0236

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SCHEDULE B1: Supplies or Services and Prices/Costs Schedule of Items

COLUMBINE

Recreation Site Water and Wastewater Deferred Maintenance

BID ITEM 1 – COLUMBINE RANGER DISTRICT

Item # Description Method Unit Quantity Unit Total

02082 (01) Valve Replacement A.Q. Each 0 __________ __________ 02083 (01) Water Hydrants A.Q. Each 6 __________ __________ 02083 (02) Water Hydrant

(Signing) A.Q. Each 30 __________ __________

02083 (03) Hose Bid A.Q. Each 28 __________ __________ 02220 (01) Site Demolition

(Water Hydrant) A.Q. Each 5 __________ __________

02220 (02) Site Demolition (Septic Tank)

A.Q. Each 3 __________ __________

02300 (01) Earthwork A.Q. Hour 80 __________ __________ 02510 (01) Waterline 1” diameter A.Q. Feet 1755 __________ __________ 02510 (02) Waterline 2” diameter A.Q. Feet 740 __________ __________ 02510 (03) Daylight Drain

(Complete) A.Q. Feet 0 __________ __________

02510 (04) Daylight Drain (Suction Strainer)

A.Q. Each 59 __________ __________

02510 (05) Daylight Drain (Daylight Rip Rap

A.Q. Each 18 __________ __________

02512 (01) Water Tower A.Q. Each 0 __________ __________

02520 (01) Well Abandonment L.S.Q Each 2 __________ __________ 02522 (01) Water Well Pump

Installation L.S.Q Each 0 __________ __________

02523 (01) Hand pump Repair L.S.Q Each 3 __________ __________

02730 (01) Crushed Aggregate A.Q. Ton 370 __________ __________ 02731 (01) Septic Tank L.S.Q. Each 0 __________ __________ 02731 (01) Sanitary Waste

Pumping and Disposal A.Q. Each 7 __________ __________

02921 (01) Seeding (with mulch) A.Q. Acre 2 __________ __________ 06091 (01) Treatment Building L.S.Q. Each 0 __________ __________ 13121 (01) Treatment Building

Installation L.S.Q. Each 0 __________ __________

13200 (01) Water storage Tank Manway Repair

L.S.Q L.S. 0 __________ __________

15141 (01) Building Plumbing L.S.Q Each 0 __________ __________ 16201 (01) Wiring Systems L.S.Q. Each 0 __________ __________ 16800 (01) Photovoltaic Power

Systems L.S.Q. Each 0 __________ __________

TOTAL ITEM 1: $ __________

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SCHEDULE B2: Supplies or Services and Prices/Costs Schedule of Items

DOLORES

Recreation Site Water and Wastewater

BID ITEM 2 – DOLORES RANGER DISTRICT

02082 (01) Valve Replacement A.Q. Each 14 __________ __________ 02093 (01) Water Hydrants A.Q. Each 30 __________ __________ 02083 (02) Water Hydrant

(Signing) A.Q. Each 50 __________ __________

02083 (03) Hose Bid A.Q. Each 6 __________ __________ 02220 (01) Site Demolition

(Water Hydrant) A.Q. Each 30 __________ __________

02220 (02) Site Demolition (Septic Tank)

A.Q. Each 0 __________ __________

02300 (01) Earthwork A.Q. Hour 60 __________ __________ 02510 (01) Waterline 1” diameter A.Q. Feet 0 __________ __________ 02510 (02) Waterline 2” diameter A.Q. Feet 0 __________ __________ 02510 (03) Daylight Drain

(Complete) A.Q. Feet 0 __________ __________

02510 (04) Daylight Drain (Suction Strainer)

A.Q. Each 20 __________ __________

02510 (05) Daylight Drain (Daylight Rip Rap

A.Q. Each 12 __________ __________

02512 (01) Water Tower A.Q. Each 0 __________ __________

02520 (01) Well Abandonment L.S.Q Each 1 __________ __________ 02522 (01) Water Well Pump

Installation L.S.Q Each 0 __________ __________

02523 (01) Hand pump Repair L.S.Q Each 2 __________ __________

02730 (01) Crushed Aggregate A.Q. Ton 60 __________ __________ 02731 (01) Septic Tank L.S.Q. Each 1 __________ __________ 02731 (01) Sanitary Waste

Pumping and Disposal A.Q. Each 18 __________ __________

02921 (01) Seeding (with mulch) A.Q. Acre 1 __________ __________ 06091 (01) Treatment Building L.S.Q. Each 0 __________ __________ 13121 (01) Treatment Building

Installation L.S.Q. Each 0 __________ __________

13200 (01) Water storage Tank Manway Repair

L.S.Q L.S. 0 __________ __________

15141 (01) Building Plumbing L.S.Q Each 0 __________ __________ 16201 (01) Wiring Systems L.S.Q. Each 0 __________ __________ 16800 (01) Photovoltaic Power

Systems L.S.Q. Each 0 __________ __________

TOTAL ITEM 2: $ __________

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SCHEDULE B3: Supplies or Services and Prices/Costs Schedule of tems

PAGOSA

Recreation Site Water and Wastewater

BID ITEM 3 – PAGOSA RANGER DISTRICT

02082 (01) Valve Replacement A.Q. Each 1 __________ __________ 02093 (01) Water Hydrants A.Q. Each 4 __________ __________ 02083 (02) Water Hydrant

(Signing) A.Q. Each 20 __________ __________

02083 (03) Hose Bid A.Q. Each 16 __________ __________ 02220 (01) Site Demolition

(Water Hydrant) A.Q. Each 1 __________ __________

02220 (02) Site Demolition (Septic Tank)

A.Q. Each 0 __________ __________

02300 (01) Earthwork A.Q. Hour 60 __________ __________ 02510 (01) Waterline 1” diameter A.Q. Feet 1470 __________ __________ 02510 (02) Waterline 2” diameter A.Q. Feet 0 __________ __________ 02510 (03) Daylight Drain

(Complete) A.Q. Feet 3 __________ __________

02510 (04) Daylight Drain (Suction Strainer)

A.Q. Each 12 __________ __________

02510 (05) Daylight Drain (Daylight Rip Rap

A.Q. Each 6 __________ __________

02512 (01) Water Tower A.Q. Each 1 __________ __________

02520 (01) Well Abandonment L.S.Q Each 2 __________ __________ 02522 (01) Water Well Pump

Installation L.S.Q Each 1 __________ __________

02523 (01) Hand pump Repair L.S.Q Each 5 __________ __________

02730 (01) Crushed Aggregate A.Q. Ton 370 __________ __________ 02731 (01) Septic Tank L.S.Q. Each 0 __________ __________ 02731 (01) Sanitary Waste

Pumping and Disposal A.Q. Each 2 __________ __________

02921 (01) Seeding (with mulch) A.Q. Acre 1 __________ __________ 06091 (01) Treatment Building L.S.Q. Each 1 __________ __________ 13121 (01) Treatment Building

Installation L.S.Q. Each 1 __________ __________

13200 (01) Water storage Tank Manway Repair

L.S.Q L.S. 1 __________ __________

15141 (01) Building Plumbing L.S.Q Each 2 __________ __________ 16201 (01) Wiring Systems L.S.Q. Each 2 __________ __________ 16800 (01) Photovoltaic Power

Systems L.S.Q. Each 1 __________ __________

TOTAL ITEM 3: $ __________

The Contractor can bid on one or more items. The Government reserves the right to make one or more awards depending on the best value to the Government.

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SECTION C: DESCRIPTION/SPECIFICATIONS

C.1 SCOPE OF WORK

Repair and maintenance of recreation facility water and wastewater systems located across the San Juan National Forest. Repair and maintenance work shall include drinking water systems (water supply, treatment, distribution systems and associated buildings) and sanitary wastewater systems (wastewater collection and disposal, disposal and storage systems , system structures, and toilet buildings). Work items may include plumbing, electrical, carpentry, roofing, masonry, locksmith, painting, sign installation, concrete, mechanical, excavation, aggregate supply and placement, fencing, water well maintenance, water well abandonment. Work items will include, but are not limited to the following:

1. Abandon water wells in accordance with State of Colorado regulations.

2. Replacement of the potable water systems at Teal Campground and Ute Campground and replacement of the potable water distribution system at Florida Campground.

3. Repair existing handpumps including gasket replacement, installing a watertight seal between the casing and concrete pad, painting, replacement of worn or broken parts, replacing worn leathers, securing to well casing and closing rodent holes.

4. Installation of point of use hydrants including concrete pad, hydrant post, valves, drains, and finish grading (AS SHOWN IN THE DRAWINGS).

5. Supply and installation of “No Washing or Bathing” signing on hydrant posts.

6. Replace unprotected (non-atmospheric vacuum bre aker) hose bibs with hose bibs that have integrated vacuum breakers.

7. Demolition of existing water hydrants.

8. Demolition in -place of abandoned septic tanks and concrete vaults.

9. Earthwork and site grading to address drainage and accessibility issues.

10. Replace an existing RV dump station water tower.

11. Installation of a Government supplied precast concrete treatment building at Teal Campground. Installation shall include site pad preparation, installation of sweeps through the building floor, building placement, construction of a concrete apron, and final grading of treatment building site. Provide building wiring and plumbing

12. Installation of all treatment building plumbing and controls for Teal Campground.

13. Retrofit and protect one well head at Teal Campground for exterior operations meeting sanitary standards and to include installation of all necessary appurtenances and piping from well to treatment building.

14. Design and installation of photovoltaic powered pumping system at Teal Campground including but not limited to: stainless steel well pump, solar panels to be mounted on the roof of the prefabricated concrete treatment building, wiring and controls.

15. Trench and Install 1” high density polyethylene pipe for distribution and supply lines, and daylight drains (AS SHOWN IN THE DRAWINGS). Upgrade and repair daylight drains by providing proper screening, air-gap and erosion protection.

16. Replace damaged or leaking water system valves.

17. Sanitary waste pumping of holding tanks and disposal.

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18. Seeding of all areas disturbed by construction with seed mixture specified by the Ranger District.

19. Replacement of an existing below-ground vault water treatment system at Ute

Campground with a treatment system located in a wood-constructed shed mounted on a concrete slab.

20. Provide building wiring, water storage tank, pressure tanks, supply pump and chlorination system and two points of distribution at Ute Campground.

21. Supply of aggregate.

22. Repair of a water storage tank manway that is secured and is lockable.

C.2 LOCATION OF WORK

This project shall incorporate developed recreation sites within the San Juan National

Forest. The project area is located in southwestern Colorado on San Juan National Forest developed recreation sites located in the vicinity of the following towns: Bayfield, Dolores, Mancos, Cortez, Pagosa Springs, Rico, Mancos, Dove Creek, Silverton and

Durango.

C.3 PRICE RANGE – The estimated price range is between $250,000 and $500,000.

C.4 CONTRACT TIME – It is estimated that each Bid Item and all subitems contained therein will begin on August 1, 2010 and will have 365 calendar days for completion from date Notice to Proceed is issued.

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

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

(End of Clause)

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

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

(End of Clause)

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SECTION E: Inspection and Acceptance

52.246-12 Inspection of Construction. (APR 1996)

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SECTION F: Deliveries or Performance

52.242-14 Suspension of Work. (APR 1984)

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

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

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

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

The maximum workweek that will be approved will be submitted to the COR and approved by the CO.

(End of clause)

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SECTION H: Special Contract Requirements

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.

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

San Juan National Forest Page 14 of 61 accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009.

Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at http://www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government's on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor's progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor's workforce. At a minimum, the contractor shall provide--

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor's existing practice for describing jobs as long as the terms used are widely understood and describe

San Juan National Forest Page 15 of 61 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.

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(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor's physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(xi) Names and total compensation of each of the subcontractor's five most highly compensated officers, for the calendar year in which the subcontract is awarded if--

(A) In the subcontractor's preceding fiscal year, the subcontractor received--

(l) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

52.214-26 Audit and Records - Sealed Bidding. (MAR 2009) -- Alternate I (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) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with the pricing of any modification 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 modification;

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

(3) Pricing of the modification; or

(4) Performance of the modification.

(c) The Comptroller General of the United States, an appropriate Inspector General appointed

San Juan National Forest Page 17 of 61 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--

(1) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract or a subcontract hereunder; and

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

(d) Availability. The Contractor shall make available at its office at all reasonable times the materials described in paragraph (b) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract, or for any other period specified in Subpart 4.7 of the Federal Acquisition Regulation (FAR). FAR Subpart 4.7, Contractor Records Retention, in effect on the date of this contract, is incorporated by reference in its entirety and made a part of this contract.

(1) 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.

(2) Records pertaining to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to the performance of this contract shall be made available until disposition of such appeals, litigation, or claims.

(e)(1) Except as provided in paragraph (e)(2), the Contractor shall insert a clause containing the provisions of this clause, including this paragraph (e), in all subcontracts.

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

Alternate I (Mar 2009). As prescribed in 14.201-7(a)(2) substitute the following paragraphs (c) and (e) for paragraphs (c) and (e) of the basic clause:

(c) 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—

(1) Examine any of the Contractor’s or any subcontractors' records that pertain to, and involve transactions relating to, this contract or a subcontract hereunder; and

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

(e)(1) Except as provided in paragraph (e)(2), the Contractor shall insert a clause containing the provisions of this clause, including this paragraph (e), in all subcontracts.

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

52.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials. (MAR 2009)

"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

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"Domestic construction material" means--

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

(2) A construction material manufactured in the United States.

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

"Manufactured construction material" means any construction material that is not unmanufactured construction material.

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

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

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

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

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

(b) Domestic preference. (1) This clause implements--

(i) Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by requiring, unless an exception applies, that all iron, steel, and other manufactured goods used as construction material in the project are produced in the United States;

and

(ii) The Buy American Act (41 U.S.C. 10a-10d) by providing a preference for unmanufactured domestic construction material.

(2) The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraph (b)(3) and (b)(4) of this clause.

(3) This requirement does not apply to the construction material or components listed by the Government as follows:

NONE

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

(i) The cost of domestic construction material would be unreasonable.

(A) The cost of domestic iron, steel, or other manufactured goods used as construction material is unreasonable when the cumulative cost of such material will increase the cost of the contract by more than 25 percent;

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(B) The cost of unmanufactured construction material is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

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

(iii) The application of the restriction of section 1605 of the Recovery Act or the Buy American Act to a particular construction material would be inconsistent with the public interest.

(c) Request for determination of inapplicability of Section 1605 of the Recovery Act or the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including--

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

(B) Unit of measure;

(C) Quantity;

(D) Cost;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(4) of this clause.

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

(iii) The cost of construction material shall include all delivery costs to the construction site and any applicable duty.

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to section 1605 of the Recovery Act or the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable cost of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to section 1605 of the Recovery

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Act or the Buy American Act applies, use of foreign construction material is noncompliant with section 1605 of the American Recovery and Reinvestment Act or the Buy American Act.

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

Foreign and Domestic Construction Materials Cost Comparison

Construction material description Quantity Unit of measure Cost (dollars)*

Item 1:

Foreign construction material [ ] Domestic construction material [ ]

Item 2:

Foreign construction material [ ] Domestic construction material [ ]

(List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.)

(Include other applicable supporting information.)

(* Include all delivery costs to the construction site.)

(End of clause)

52.225-22 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials. (MAR 2009)

(a) Definitions. "Construction material," "domestic construction material," "foreign construction material," "manufactured construction material," "steel," and "unmanufactured construction material," as used in this provision, are defined in the clause of this solicitation entitled "Required Use of Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-21).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub.

L. 111-5) (Recovery Act) or the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-21 in the request. If an offeror has not requested a determination regarding the inapplicability of 1605 of the Recovery Act or the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract--

(i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and

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(ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on unreasonable cost of comparable domestic unmanufactured construction material.

(2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-21, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer and a separate cost comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-21 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-21 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

52.225-22 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials. (MAR 2009) -- Alternate I (MAR 2009) material," "manufactured construction material," "steel," and "unmanufactured construction material," as used in this provision, are defined in the clause of this solicitation entitled "Required Use of Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-21).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub.

L. 111-5) (Recovery Act) or the Buy American Act shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-21.

(c) Evaluation of offers. (1) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an cost of comparable manufactured domestic construction material; and

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(ii) 6 percent of the cost of foreign unmanufactured construction material

(d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-21, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

with paragraphs (c) and (d) of the clause at FAR 52.225-21 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-21 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

52.225-23 Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials under Trade Agreements. (AUG 2009) the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

"Domestic construction material" means-- (1) An unmanufactured construction material mined or produced in the United States; or

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

"Free trade agreement (FTA) country construction material" means a construction material that--

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(1) Is wholly the growth, product, or manufacture of an FTA country; or

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

"Least developed country construction material" means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

"Manufactured construction material" means any construction material that is not unmanufactured construction material.

"Recovery Act designated country" means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, or United Kingdom);

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

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

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

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

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

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

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was

(b) Construction materials. (1) The restrictions of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) and the Buy American Act (41 U.S.C.

10a-10d) do not apply to Recovery Act designated country construction material. Consistent with U.S. obligations under international agreements, this clause implements--

(i) Section 1605 of the Recovery Act by requiring, unless an exception applies, that all iron, steel, and other manufactured goods used as construction material in the project are produced in the United States; and

(ii) The Buy American Act by providing a preference for unmanufactured domestic construction material.

(2) The Contractor shall use only domestic or Recovery Act designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to the construction materials or components listed by the Government as follows:

NONE

(4) The Contracting Officer may add other construction material to the list in paragraph (b)(3) of this clause if the Government determines that--such material will increase the overall cost of the contract by more than 25 percent;

(B) The cost of unmanufactured construction material is unreasonable

United States in sufficient and reasonably available commercial quantities of a satisfactory quality; or

(iii) The application of the restriction of section 1605 of the Recovery Act or the

(c) Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American Act.

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(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including--

(C) Quantity;

(D) Cost;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and of this clause.

(iii) The cost of construction material shall include all delivery costs to the construction site and any applicable duty.

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract of the Recovery Act or the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable cost of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the section 1605 of the Recovery Act or the Buy American Act applies, use of foreign construction material other than that covered by trade agreements is noncompliant with the applicable Act.

measure Cost (dollars)*

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Item 1:

Foreign construction material [ ] Domestic construction material [ ]

Item 2:

Foreign construction material [ ] Domestic construction material [ ]

(List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.)

(Include other applicable supporting information.)

(* Include all delivery costs to the construction site.)

(End of clause)

52.225-23 Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials under Trade Agreements. (AUG 2009) -- Alternate I (MAR 2009)

"Bahrainian, Mexican, or Omani construction material" means a construction material that--

(1) Is wholly the growth, product, or manufacture of Bahrain, Mexico, or Oman; or from another country, has been substantially transformed in Bahrain, Mexico, or Oman the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

"Domestic construction material" means-- (1) An unmanufactured construction material mined or produced in the United States; or

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

"Free trade agreement (FTA) country construction material" means a construction material that--

(1) Is wholly the growth, product, or manufacture of an FTA country; or from another country, has been substantially transformed in an FTA country into a new and different construction material distinct from the materials from which it was

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"Least developed country construction material" means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or from another country, has been substantially transformed in a least…