AG-82B1-S-10-0317.rtf

SOLICITATION NUMBER AG-82B1-S-10-0317

SCHEDULE B - Prices/Costs Schedule of Items

Work Item Sub Item/Description Unit of measure Quantity¹ Unit Price Price Hazard tree treatment:

1A felling, bucking and slash piling Tree 1B Optional:

felling, bucking and slash piling Tree 1-300

Wood Handling:

2A Level A Tree 2B Level B Tree 2C Level C Tree

TOTAL $ ___________________

DUNS# __________________________

TIN# ____________________________

EMAIL ADDRESS:____________________________

¹ Quantities are approximate and not guaranteed. Total number of trees to be treated will be determined and marked by the Forest Service. See Summary of Work Section J; Exhibit 1

SECTION C – DESCRIPTION

C- 1 - PROJECT DESCRIPTION AND LOCATION

Description of Work. This solicitation is for hazard tree cutting, slash treatment and fuels reduction activities on the Arapaho and Roosevelt National Forests, Canyon Lakes Ranger District.

The services in this contract are designed to provide for hazard tree removal in developed recreation sites and trailheads. This contract requires vegetation manipulation in compliance with the enclosed specifications, terms, conditions, and provisions. This may require the Contractor to furnish labor, supervision, transportation, operating supplies, and incidentals to perform all work specified in the contract.

(c) Project Locations; This contract is located on the Canyon Lakes Ranger District on the Arapaho/Roosevelt National Forests. Project Area Vicinity Maps are included in Section J, Exhibit 2. These areas are located in Larimer County Colorado. All of the Project Areas included in this contract are accessible by County and Forest Service Roads.

(d) Prebid Meeting: 20 April 2010 at 9:00AM at the Canyon Springs District Office located at 2150 Centre Avenue, Building E, Fort Collins, CO 80526.

(e) Start Work. It is estimated that the Notice to Proceed for project work will be issued about 10 DAYS AFTER CONTRACT AWARD. (see Clause F-3).

(f) Period of Performance. The starting date will be (approximately) May 3, 2010

Contract Days:

Work Item(s) Contract Days 1A, 1B, 2A, 2B, 2C

The starting dates are subject to change based on the Forest Service’s discretion. Work will begin at the time that the Contracting Officer (CO) issues a Notice to Proceed for all or each work item. Section J, Exhibit 1 includes specific closure dates for each treatment area.

C- 2 - GOVERNMENT-FURNISHED PROPERTY.

The property and services that will be provided by the Government are as follows:

Item Description Where, When, How

2.1 Summary of Work

Project area location, wood handling level of treatment and operating dates.

Provided in Section J, Exhibit 1

2.2 Project Maps

Maps of Project Areas with access roads identified.

Provided in Section J, Exhibit 2

2.3 Access behind locked gates

Some Units are behind Forest road closures (locked gated). The Government will provide a permit and lock to the Contractor. Refer to C.4.1.4.

During period Unit is being treated.

2.4 Wage Determination Sheet

Section J, Exhibit 3

2.5 Keys to Gates

Government Furnished Keys Keys will be issued at the pre-operations meeting. The Contractor will need to complete and sign AD107 Transfer of property form. The contractor will be charged $300 per key for keys not returned to the Forest Service

2.6 Forest Service Load Receipts and Product Removal Spreadsheet Load receipts for National Forest Products Books will be issued at the pre-operations meeting.

C- 3 - SPECIFICATIONS :

C.3.1.1. Road Access. All of the Treatment Units included in this contract are accessible by County and Forest Service Roads.

C.3.1.2. Walk-in areas. Not Applicable

C.3.1.3. ATVs and all other off-road vehicles. Use of and condition of use of ATVs or other off road vehicles must be approved by the COR.

C.3.1.4. Locked gates. In cases where Units are behind locked gates, the Contractor shall close and lock gates (see C.3.2) after entering or exiting each gate and will be subject to all other restrictions of administrative use. The Contractor shall be permitted to drive from the locked gate to the Unit with only the minimum number of vehicles necessary for efficient transport of the crew. No firearms are permitted behind locked gates.

C.3.1.5. Project Area Boundaries. Prior to initiating operations, the Contractor shall complete a reconnaissance of the Project Area (PA). The purpose of this field review will be to confirm and agree on all areas of concern or special protection areas within the PA.

Project Area Boundaries. The exterior boundaries of the project areas are not marked. Maps of the campgrounds identifying the external boundaries are located in Section J, Exhibit 2.

C.3.1.6. Final Tree Count Discrepancies. The contractor must maintain a tally of trees treated in each Project Area. The contractor shall not treat trees in excess of the total estimated trees per Project Area without approval from the COR. G.2.2. Measurements provides direction for resolution of discrepancies between the Forest Service and Contractor’s tree tally.

The tally of treated trees in each Project Area will be considered final if the contractor’s tally of total trees and the Forest Service tally are within ±2%.

C.3.1.7 Optional Trees. Optional trees may be selected and included at the discretion of the COR. Optional trees may be included within any of the Project Areas listed in Section J, Exhibit 1. The Woody Material Level of Treatment for optional trees will be the same as the level designated for the Project Area where the optional trees are included. Payment for included optional trees will be the unit price for item 1B Optional Hazard Trees and the appropriate unit price for Wood Handling, 2A or 2B or 2C as listed in Section B: Schedule of Items

C.3.2. Hazard Tree Felling, Bucking, and Skidding

C.3.2.1. Hazard Tree Identification. Hazard trees will be identified by the Forest Service by a white paint mark, orange signs, or flagging.

C.3.2.2. Felling. Unless otherwise agreed to by the COR:

Falling must be completed in a manner that will avoid damage to the residual stand. Residual trees damaged in the falling operation may be designated for treatment by the COR. Treatment will consist of felling, bucking, slash piling and bole treatment as specified for the site. The contractor will not be compensated for the treatment of designated damage trees.

Falling must be completed in a manner that will avoid damage to any site amenities including those items listed under unique features in C.1.4. The Contractor will reimburse the Forest Service for the cost of repairs and replacement.

The use of wheeled or tracked felling equipment will not be permitted. Falling must be completed using manual falling equipment such as chain saws.

C.3.2.3. Stump Heights. Stumps are to be cut as close to the ground and unless otherwise agreed to by the COR will not exceed 4” above the ground.

C.3.2.4. Bucking and limbing. Unless otherwise agreed to by the COR:

Boles shall be bucked to lengths not exceeding four (4) feet.

Tops shall be cut at a four (4) inch top diameter.

All limbs must be severed from the bole prior to skidding.

C.3.2.5. Skidding. Unless otherwise agreed to by the COR:

Whole Tree Skidding is not permitted

Moving trees prior to bucking and limbing as specified in C.4.2.4 will not be permitted.

Trees moved from the stump to a decking area can not be dragged and must be completely suspended.

C.3.3. Slash Disposal.

C.3.3.1. Timing of Slash Piling. Slash piling shall be concurrent and progressive with the thinning. The Contractor shall not move into a new Project Area without completion of slash piling requirements unless otherwise approved by the COR.

C.3.3.2. Protected areas.

All items identified as a Unique Feature as well as all roads open to motorized travel will be kept free of slash created by the tasks in this contract at all times.

No created slash shall be left in road prisms, ditches, and stream courses.

C.3.3.3 Slash Piling Unless otherwise approved by the COR:

Piles shall be constructed by laying limbs and tops in the pile. Slash that causes large air spaces in piles shall be reworked to eliminate air spaces. Each pile shall include an area of small sized slash to provide “kindling” for prompt ignition and to aid in combustion of larger slash. The kindling shall be placed in the center of the pile.

Piles will not be less than eight (8) feet in height and eight (8) feet wide. Slash may be moved up to 200 feet to make an adequate size pile meeting the contract requirements.

All objects which extend more than four (4) feet in any direction from the pile profile will be cut off and returned to the pile.

No piling of slash within 25 feet of overhead power lines and within 100 feet of the utility poles.

Piles shall not be within 20 feet of identified Unique Features as stated above.

C.3.4. Wood Handling

C.3.4.1. Wood to be treated. All wood pieces > 4” in diameter small end, created from the treatment specified in C.4.2. will be handled as specified in C.4.4.4. Level A, C.4.4.5. Level B, and C.4.4.6. Level C.

C.3.4.2. Wood generated in this project will harbor mountain pine beetle. The Contractor must meet conditions specified in C.4.4.6. to prevent the introduction of mountain pine beetles into a non-infested area.

C.3.4.3. Equipment. Any equipment used in wood handling must be approved by the COR. The hauling operation must be completed in compliance with all applicable local, state and federal laws.

C.3.4.4. Haul Roads. Hauling will be allowed only on permanent roads.

C.3.4.4 Level A. Decking at COR approved location(s) within the Project Area.

COR will identify locations within the Project Area(s) where wood will be decked.

Wood decks will be constructed so it is orderly, with ends arranged to provide support for the deck and stacked at no less than four feet in height.

C.3.4.5 Level B. Haul and deck to designated location(s) on the National Forest (Decking locations will not be in the Project Areas).

Decking locations will be identified in the Statement of Work Map, Section J, Exhibit 2, with haul distance from Project Area to Decking Location in the Statement of Work Summary in Exhibit , Exhibit 1 or as designated by the COR.

Prior to all loads leaving the Project Area, Contractor will fill-in all fields of the Product Removal Spreadsheet..

Wood decks will be constructed so it is orderly, with ends arranged to provide support for the deck and stacked at no less than four feet in height.

C.3.4.6 Level C. Removal from National Forest.

National Forest Products Load Receipts will be completed and attached on the rear of each load in a visible location.

Prior to removal from the National Forest the Contractor must provide the Contracting Officer a written plan describing where the wood will be transported and how and when it will be processed to prevent the introduction of mountain pine beetle into a non-infested area. The CO must approve this plan prior to commencement of hauling.

C.3.5 Noxious Weeds The Contractor shall ensure that prior to moving on to the National Forest all off-road equipment is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. Contractor shall provide Contacting Officer with certification in writing that off-road equipment is free of noxious weeds prior to each start-up of operations and for subsequent moves of equipment to Project Area. The certification shall indicate the measures taken to ensure that off-road equipment is free of noxious weeds will be identified. “Off-road equipment” includes all logging or fuels treatment machinery, except for service vehicles, pickup trucks, cars, and similar vehicles.

Contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of noxious weeds. Equipment shall be considered free of soil, seeds, and other such debris when a visual inspection by Government does not disclose such material. Disassembly of equipment components or specialized inspection tools is not required

Unless otherwise directed by the CO, the Government will not require the Contractor’s equipment to be cleaned before moving to another Treatment Unit if the Contractor is moving directly from one contract Unit to another.

C.3.7. Work Plan and Schedule The Contractor shall prepare a work plan and schedule that demonstrates that work will be completed within the performance period described in Section F and in accordance with the priority of completion (See Section J, Exhibit 1). The Contractor shall provide a general plan with the technical proposal. A supplementary plan and schedules will be provided after contract award, but 30 days before start work.

The Contractor shall advise the Contracting Officer or COR of any periods that the Contractor will not be working that is not specified in the accepted Work Plan.

The Contractor may update the work plan when work is in progress and the Contracting Officer may accept the updated work plan.

C.3.8. Camping and Worksite Conditions Camping will be permitted on the National Forest . The Contractor shall prepare a Camping and Worksite Plan and operate in a manner that will protect the environmental resources and the public facilities. The conditions shall be consistent with the requirements of Section H.

C.3.9. Communications The Contractor shall keep the Contracting Officer and Contracting Officer Representative advised as to where the Contractor or Contractor's Representative may be reached by phone during periods of work suspension and periods of time without work. Further, the Contractor shall maintain contact with the Contracting Officer and Contracting Officer Representative during periods of work suspension or periods of time without work.

C.3.10. On-site Representative. The Contractor shall designate, in writing, and on-site representative. The Contractor’s on-site representative shall be fully conversant and literate in the English language and shall be in the work area whenever work is in progress.

C. 4. PERFORMANCE SUMMARY

The following describes the major items in the contract with the incentives and deductions for the work described.

Work Statement Performance Standard Government Method of Assessment Incentive / deduction Hazard Tree Felling, Bucking, Skidding C.4.2 Meets all requirements

COR or Inspector conduct periodic monitoring of operations Rework is required if Contractor fails to meet standard.

Slash Disposal C.4.3.

Meets all requirements COR or Inspector conduct periodic monitoring of operations Rework is required if Contractor fails to meet standard.

Wood Handling C.4.4.

Level A and B Meets all requirements.

COR or Inspector conduct periodic monitoring of operations Rework is required if Contractor fails to meet standard.

Wood Handling C.4.4.

Level C Meets all requirements.

COR or Inspector conduct periodic monitoring of operations Work not completed as specified is subject to Default and may result in assessment of actual costs.

Noxious Weeds C.4.5.

Meets all requirements.

COR or Inspector conduct periodic monitoring Work not completed as specified is subject to Default and may result in assessment of actual costs.

Work Plan and Schedule C.4. 7.

Work meets schedule as per the accepted work plan.

COR and Inspector conduct periodic monitoring.

The Contractor’s ability to maintain the work schedule and complete work on schedule will be reflected in the performance assessment as either positive or negative incentive.

Work not completed on schedule is subject to Default and may result in assessment of actual costs.

C- 5 - DRAWINGS

See Section J for list of Attachments

C.6 Order of Precedence

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

Bid Schedule

Representations and other instructions Contract clauses Other documents, exhibits, and attachments Forest Service Supplemental Specifications(FSSS) Standard Specifications(FP-03)

(a) Plans, figured dimensions over scaled dimensions

(b) Plans, large scale contract plans over small scale contract plans

(c) Schedules on contract plans over any conflicting notations on contract plans Shop drawings

SECTION D – PACKAGING AND MARKING

(For this Solicitation, there are No clauses in this Section)

SECTION E – INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.arnet.gov/far/.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services- Fixed Price (AUG 1996) E.2 Inspection and Acceptance

Periodic field inspections will be made by the Contracting Officer’s Representative (COR) or the COR's designated Inspector. Work not completed to contract standards shall be rejected and reworked without additional compensation to the Contractor.

SECTIONN F – DELIVERIES OR PERFORMANCE

F.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.arnet.gov/far/.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the Notice to Proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use within the contract time stated below. The time stated for completion shall include final cleanup of the premises.

F.3 Contract Time

See Section C Period Of Performance

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 Government Furnished Property

See Section C for Government Furnished Property.

G.2 Measurement

Units of measurement shall be as indicated in the Schedules of Items.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

52.204-11 American Recovery and Reinvestment Act--Reporting Requirements. (MAR 2009)

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

"Contract," as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

"First-tier subcontract" means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

"Jobs created" means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as "full-time equivalent" (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

"Jobs retained" means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as "full-time equivalent" (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

"Total compensation" means the cash and noncash dollar value earned by the executive during the contractor's past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

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

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

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

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

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

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(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 the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if--

(i) In the Contractor's preceding fiscal year, the Contractor received--

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

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

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

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System (NAICS) code.

(vi) Funding agency.

(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

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

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

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

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

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

(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.

(End of clause)

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

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

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

"Domestic construction material" means--

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

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

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

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

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

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

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

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

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

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

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

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

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

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

NONE

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

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

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Cost;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

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

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

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

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

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

"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

(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

(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 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.

"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.

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

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

(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--

(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 overall cost of the contract by more than 25 percent;

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

(ii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities 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 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.

(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)

52.236-4 Physical Data. (APR 1984)

SECTION J – LIST OF ATTACHMENTS

Attachment A – Exhibit 1

Attachment B – Wage Determination

Attachment C – Maps and Drawings

Attachment D - Specifications