RFP AG-9702-S-09-0046 HABS for Sweetwater Mine.doc

PAGE

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-9702-S-09-0046

2. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

3. DATE ISSUED

10/28/09

PAGE OF PAGES

1 65

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

312254

6. PROJECT NO.

CIM-05-004A

7. ISSUED BY

CODE

USDA Forest Service EROC-SW Contracting

1323 Club Drive

Vallejo, CA 94592

USDA Forest Service, EROC SW

ATTN: David Simpson 1323 Club Drive

Vallejo, CA 94592

9. FOR INFORMATION

CALL:

A. NAME

Alfredo Lansangan B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 707-562-9173

SOLICITATION

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

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

RECOVERY – Historic American Buildings Survey (HABS) for Sweetwater Mine Price Range:

The Government's estimate is: between $25,000 and $100,000.

11. The Contractor shall begin performance within 10 calendar days and complete it within 30 calendar days after receiving

FORMCHECKBOX

award, FORMCHECKBOX notice to proceed. This performance period is FORMCHECKBOX mandatory, FORMCHECKBOX negotiable. (See .)

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

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

FORMCHECKBOX

YES

FORMCHECKBOX

NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 2:00 p.m. (hour) local time Nov. 27, 2009 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B.

An offer guarantee

FORMCHECKBOX

is, FORMCHECKBOX is not required.

C.

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

D.

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

NSN 7540-01-155-3212

1442-101

STANDARD FORM 1442 (REV. 4-85)

Computer Generated

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

CODE

FACILITY CODE

17.

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

FORMCHECKBOX

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

FORMCHECKBOX

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

26. ADMINISTERED BY

CODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

FORMCHECKBOX

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

FORMCHECKBOX

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated

STANDARD FORM 1442 BACK (REV. 4-85)

PART I - SCHEDULE OF ITEMS

SECTION B – SERVICES AND PRICES

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

PART I - THE SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SWEETWATER MINE SITE HABS/HAER DOCUMENTATION

GENERAL SPECIFICATIONS

SCOPE OF WORK: The purpose of this work order is to conduct a Historic American Buildings Survey/Historic American Engineering Record (HABS/HAER) of the Sweetwater Mine (Mine). The HABS record shall document 3 buildings at the Mine. The intent of the HAER report will be to capture the unique technological mining landscape of the site and to address the mining operations and processes that occurred at the Sweetwater Mine Site.

The contractor shall furnish all labor, equipment, supervision, transportation, lodging, supplies (except those designated as Government-furnished), and incidentals to perform all work required under the terms and conditions of this contract.

STATEMENT OF WORK

The contractor shall (1) research the history of the Mine site with available documentation and gather documentation according to the Secretary of Interior’s Standards and Guidelines for Architectural and Engineering Documentation; (2) complete Level II HABS documentation at the Mine site and; (3) complete HAER documentation on the Mine site following the Historic American Engineering Record Guidelines for Historical Reports (2008).

1. Research the History of the Mine Site and Gather Documentation According to the Secretary of Interior’s Standards and Guidelines for Architectural and Engineering Documentation - The Contractor is to use the District’s existing site record, District mining files and records, personal interviews, video tapes, historical documents, and Historical Evaluation as part of their research to produce HABS/HAER Reports. The Contractor shall maintain daily field notes for work at the site. The Contractor will submit the daily field notes to the District with the HABS/HAER Reports. The Contractor should also utilize historic information in library and archival materials, California Mining Journals, and those on file at the Mariposa County Courthouse, the Mariposa Museum and History Center and the California State Mining and Mineral Museum in Mariposa, California.

2. Complete Level II HABS Documentation – With the information gathered, the Contractor shall produce Level II documentation on 3 buildings, the main cabin (residence), the assay office, and the mill building. These shall include Drawings, Photographs and Written Data following the HABS Historical Reports (2000) guidelines. This will involve field visits to the Mine site to capture drawings if none exist and required photographs. The Drawings, Photographs and Written Data must adhere to quality standards for HABS documentation. The contractor shall utilize the appropriate format (i.e. narrative, outline format, short format) or a combination of formats to best document the buildings at the mine site. For example, a narrative format might document the site context and an outline format will capture a detailed description of each building.

3. Complete HAER Documentation – The Sweetwater Mine meets Criterion A based on its connection "to the lode mining theme, Depression-era and post-World War II economics, the evolution of mining technology, and the use of appropriate technology in local noncorporate mining operations" (Nettles et al. 2008: 68). The mine meets Criterion B based on its connection with "Sweetwater Clyde" at the local level of significance and the mine "illustrates and is the location where he achieved his importance" (Nettles et al. 2008: 69). The mine meets Criterion C because of its association with mining technologies and is an excellent example of a small mining site in California. "The Sweetwater Mine essentially retains its 1930s character, including structures and equipment, and provides a great deal of information about the structure and operation of the mine" (Nettles et al. 2008: 71). Lastly, the mine meets Criterion D based upon the potential to learn about the unique mining technologies and the potential to learn about the domestic use of the site through study of the refuse. "Enough equipment remains to address important questions about technology that, because of the scarcity of such equipment in situ, are usually very difficult to study" (Nettles et al. 2008: 71).

Given the importance of the technological operations and landscape of the site, HAER documentation is necessary. The Contractor shall document this according to the Historic American Engineering Record Guidelines for Historical Reports (2008). This shall include the outline format for manufacturing/industrial sites, detailing the mining operations that took place at the Sweetwater Mine Site, in addition to a description of the physical history, the context, and design and structural information. The remaining buildings and structures not included in the HABS report shall be documented in this report. HAER documentation shall follow the Chicago Manual of Style guidelines (see Kate L. Turabian, A Manual for Writers of Term Papers, Theses and Dissertations (6th ed., Chicago and London: University of Chicago Press, 1996).

Reference:

Nettles, Wendy M., Randy Baloian, Barry A. Price, and Mark Kile

2008 National Register of Historic Places Eligibility Evaluation of the Sweetwater Gold Mine in Mariposa County, California. Submitted under contract to USDA Forest Service, Sierra National Forest. On file at the Sierra National Forest Supervisor's Office, Clovis CA and the Bass Lake District Office, North Fork, CA.

DRAFT HABS/HAER REPORT: Within a reasonable time, but not more than 60 calendar days following award of the contract, the Contractor will provide 3 copies of comprehensive draft reports including drawings and photographs to the Contract Inspector/Project Manager for review and comments. The reports shall fully document the work completed under this work order and include the appropriate narrative/outline format for a HABS Historical Report. The HAER Report shall utilize the outline format for manufacturing/industrial sites, including drawings and photographs. The Project Manager will review the draft reports and provide all comments back to the Contractor within 15 business days of receipt of the drafts.

FINAL HABS/HAER REPORT: The Contractor shall make corrections and changes as specified by the Project Manager, and provide 4 copies of the final report to the Contract Inspector/Project Manager within 30 calendar days. The Forest will submit the final report to the National Park Service (NPS) Regional Office.

FINAL-REVISED HABS/HAER REPORT: If NPS sends the report(s) back to the Forest with comments and requires additional information, the Project Manager will notify the Contractor. Within 30-days of receipt of comments from the NPS, the Contractor shall revise and re-submit the report(s) to incorporate NPS’s comments. The Contractor shall provide 4 copies of this final-revised report(s) to the Project Manager. Upon acceptance by NPS, the Forest will consider the HABS/HAER reports final.

The objective is for the Contractor to provide the final HABS/HAER Reports to the Project Manager no later than noon on September 30, 2010, which is the last business day of the Fiscal Year 2010.

PRE-WORK CONFERENCE: Within 10 business days following issuance of the work order, a pre-work conference will be held with the Contractor, Forest Contracting Officer, Contracting Officer Representative, Contract Inspector/Project Manager and other Forest personnel as needed. The Project Manager and Contractor shall determine the date and time of the meeting. Discussions pertaining to contract requirements and the specific responsibilities of each party will occur at this time.

TIME LINE

DISCLOSURE OF WORK HAZARDS: The proposed project is within the confines of the Sweetwater Mine Site. Hazards at the site include unsealed adits and tunnels, un-maintained buildings, waste rock piles, garbage dumps, and heavy equipment. There are no defined hazardous materials waste sites at this time. Of note, the Sweetwater Mine site becomes inaccessible in the winter due to bad road conditions and snow. The Contractor should ensure all field work is conducted while the site is still accessible.

PROJECT LOCATION: The Mine is located on approximately 186 acres +/- of National Forest System (NFS) lands in (protracted) portions of the SW ¼, SE ¼ Sec.17; and portions of the NE ¼, E ½ , NW ¼ Sec. 20, R.19E, T.3S, MDB&M in Mariposa County. The Mine is located on the Bass Lake Ranger District, Sierra National Forest, approximately 4 miles northwest of the Jerseydale Fire Station.

BACKGROUND INFORMATION: The Mine is a group of nine un-patented lode-type claims situated within the Jerseydale (aka Sweetwater) Mining District. The earliest claim was located in 1878, with additional claims located in 1911, 1933, and 1954. Some sources indicate mining exploration and activity occurred in the vicinity of the Mine in the 1860’s. The Mine is located northwest of, and immediately adjacent to, a group of patented claims known as the Early Mine.

The Mine was owned by various corporations and individuals throughout its history, however, one individual named Clyde Foster, known locally as “Sweetwater Clyde”, owned and operated the Mine from approximately 1935 until 1993 when he Quitclaim Deeded the claims to another Mariposa County resident. In 1999 the Bureau of Land Management (BLM) declared the claims “Null and Forfeit” because the “new” claimant failed to file his annual assessment work. The Interior Board of Land Appeals (IBLA) affirmed the BLM’s decision in October of 1999, and the case was closed in December of that year. The claimant did not re-locate the claims following the IBLA’s affirmation, although his “caretakers” continued to live on the mining claims.

In October 2000, the caretakers occupying the Mine left the premises at the urging of District personnel. Between October 2000 and April 2001, the Forest Service, on behalf of the US Government, acquired the structures and other items “affixed to the realty” on the claims through forfeiture of the mining claims (see Brothers v. US), and by following the abandonment of personal property regulations found at 36 CRF 262.12.

The Forest acquired seven buildings at the Mine including the main cabin (circa 1890), a woodshed (date of construction unknown), a barracks/storehouse structure (date unknown), a compressor house (circa 1980), an ore processing mill (date of construction unknown), an assay office (date of construction unknown), an outhouse (date of construction unknown), a woodshed (date of construction unknown) and a chicken coop structure (date of construction unknown). After weeping dynamite was found by Forest Service personnel in the barracks/storehouse, the structure was demolished on July 16, 2002, following a controlled explosives detonation by the Merced County Bomb Squad.

In addition to the buildings and structures, mining-related equipment located on the claims include two free-standing stamp mills (moved onto the Mine site in the early 1980’s); burned remains of a small sawmill; a narrow-gauge trestle; compressors; a steam-powered 10-stamp mill (in ruins): a Caterpillar tractor (model unknown); scraper; a Chilean Mill; mercury retort, settling tanks and engines related to ore processing. There are also hundreds of feet of pipeline, miscellaneous tools, hardware and equipment scattered about the Mine.

Physical remnants of mining activities include an old mill-tailing pond situated on one of the claims and was believed used in the late 1800’s and early 1900’s. There are 6 or more open adits, several collapsed or partially collapsed adits, waste rock piles, and an unknown number of stopes and air shafts on the claims. Forest Development road 5S24 bisects the infrastructure located at the Sweetwater Mine.

The Mine is located in a relatively remote area of the Forest and, since the structures and personal property became the property of the U. S. Government, a lot of mining equipment and personal property has been removed from the site without authorization (i.e., stolen). To protect and/or secure some of the remaining “portable” artifacts, the District moved some rock drills, miscellaneous tools and mining equipment, and two WWII-era trucks to the Jerseydale Fire Station for safekeeping. An inventory of the tools and equipment relocated to Jerseydale Fire Station is on file at the Bass Lake District Office.

Research Information Collected to Date:

In the fall of 2001 Mr. Bud Munck, a resident of Mariposa County and friend of Mr. Foster, took dozens of photographs of the Mine (before many of the artifacts were stolen) and provided copies of the photos to the District’s Minerals Administrator. In addition, Mr. Munck was interviewed on video camera in 2001 after the Mine became Government property, recounting in detail the Mine’s recent history (i.e., the mining operations conducted by Mr. Foster), explained what different types of mining equipment was used for, and identified various mining tools. In 2002-03 preliminary historic research was completed under personal service contract to the District; and the Mine was mapped, photographed, and recorded as a historic site (05-15-51-678, CA MRP 1686H) by District Archaeologists.

In 2007, a historical evaluation of the mine site was contracted out. The contractor submitted the evaluation to the Forest in May 2008. Sweetwater Mine was found to be eligible to the National Register of Historic Places (NRHP) under Criteria A, B, C, and D and to possess all seven aspects of integrity. The California State Historic Preservation Officer (SHPO) concurred on September 29, 2008.

Copies of the site record, historic research, photographs, historic evaluation and video are located at the Bass Lake Ranger District office in North Fork, California. These materials shall be made available for use by the Contractor for the duration of the contract period, and shall be returned to the District office upon submission of the final draft of the HABS/HAER documents, if not before.

Abandoned Mine Lands Reclamation:

The Forest considers the Sweetwater Mine an Abandoned Mine Land (AML) property and intends to undertake reclamation of the Mine to enhance public safety, improve watershed conditions, and provide and/or preserve wildlife (bat) habitat. To accomplish that objective, the Forest proposes several activities that include, but are not limited to:

· Removal of mining and non-mining equipment and other property related to occupation of the Mine;

· Closing and/or installing bat gates on mine adits;

· Removal of un-maintained structures including the ore processing mill, residence, assay office, woodshed, outhouse, and compressor house;

· Decommissioning/heavy maintenance of roads.

As noted above, the Sweetwater Mine site has been determined eligible for the NRHP. Due to public health and safety issues, the lack of funding for maintenance of the Mine facilities, the remote location, and the lack of personnel to patrol the area, the Forest is moving forward with reclamation activities. Therefore, the proposed mining reclamation activities will have an adverse effect on the historic values of the site. The Forest will enter into a Memorandum of Agreement with the SHPO to mitigate the adverse effects. This HABS/HAER documentation is one of the proposed mitigation measures.

CONTACTS AND SUBMITTAL OF DELIVERABLES AND/OR INVOICES:

All deliverables shall be provided to:

USDA Forest Service

Bass Lake Ranger District

Attn: Erin Potter, Contract Inspector/Project Manager 57003 Road 225

North Fork, CA 93643

(559) 877-2218 ext. 3158 epotter@fs.fed.us USDA Forest Service

Sierra National Forest

Jerry DeGraff, Contracting Officer Representative

1600 Tollhouse Road

Clovis, CA 93611 jdegraff@fs.fed.us

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services – Fixed Price

SECTION F--DELIVERIES OR PERFORMANCE

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

SECTION G--CONTRACT ADMINISTRATION DATA

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

SECTION H--SPECIAL CONTRACT REQUIREMENTS

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

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JUL 2004)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

52.203-7 Anti-Kickback Procedures (JUL 1995)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.215-2 Audit and Records -- Negotiation (JUN 1999)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) 52.219-8 Utilization of Small Business Concerns (MAY 2004) Alternate II (Oct 2001) 52.219-16 Liquidated Damages --Subcontracting Plan (JAN 1999) (Applicable if > $1 Million) 52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005)

52.222-6 Davis-Bacon Act (JUL 2005)

52.222-7 Withholding of Funds (FEB 1988)

52.222-8 Payrolls and Basic Records (FEB 1988)

52.222-9 Apprentices and Trainees (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements (FEB 1988)

52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988)

52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (FEB 1988)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006)

52.222-50 Combating Trafficking in Persons (SEP 2007)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (DEC 2007) 52.223-6 Drug-Free Workplace (MAY 2001)

52.223-14 Toxic Chemical Release Reporting (AUG 2003)

52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.227-1 Authorization and Consent (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)

52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007)

52.228-2 Additional Bond Security (OCT 1997)

52.228-11 Pledges of Assets (FEB 1992)

52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995)

52.228-14 Irrevocable Letter of Credit (DEC 1999)

52.228-15 Performance and Payment Bonds – Construction (NOV 2006)

52.229-3 Federal, State, and Local Taxes (APR 2003)

52.232-1 Payments

52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002)

52.232-17 Interest (OCT 2008)

52.232-23 Assignment of Claims (JAN 1986)

52.232-27 Prompt Payment for Construction Contracts (OCT 2008)

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

52.233-1 Disputes (JULY 2002)

52.233-2 Service of Protest

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by The Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-11 Use and Possession Prior to Completion (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997)

52.236-26 Preconstruction Conference (FEB 1995)

52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (AUG 1987)

52.244-6 Subcontracts for Commercial Items (MAR 2009)

52.245-1 Property Records (JUN 2007) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (SEP 2006)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)--Alternate I (SEP 1996)

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

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996)

452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996)

452.236-72 Use of Premises (NOV 1996)

452.236-73 Archeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996)

452.236-76 Samples and Certificates (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

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.

(End of clause) 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 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—

(1) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

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

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

(End of clause) 52.215-2 Audit and Records—Negotiation (Mar 2009)

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

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

(c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor’s records, including computations and projections, related to—

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

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

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

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

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

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

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

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

(e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating—

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

(2) The data reported.

(f) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), (c), (d), and (e) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition—

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

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

(g) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract that exceed the simplified acquisition threshold, and—

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

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

(3) That require the subcontractor to furnish reports as discussed in paragraph (e) of this clause.

The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under the Government prime contract.

(End of clause) 52.225-21 Required Use of American Iron, Steel, and 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:

[Contracting Officer to list applicable excepted materials or indicate “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:

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.]

[Incl…