38_Solicitation.docx

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-9702-S-10-0212

2. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|X| NEGOTIATED (RFP)

3. DATE ISSUED

3/9/2010

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO. 362687

348471

6. PROJECT NO.

USDA Forest Service

EROC SW

1323 Club Dr.

Vallejo, CA 94592

See Block 7

Marla Lefevre B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 707-562-9123. E-mail preferred: mplefevre@fs.fed.us 707-562-9123

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):

Hayden Flat Campground Rehabilitation: This solicitation is for the drilling, water sampling, and installation of a new well for potable water.

Location: Hayden Flat Campground, Shasta-Trinity National Forest

Price Range:

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

Submission of Offers: Please submit all offers on the www.fbo.gov website no later than 2pm April 7, 2010.

11. The Contractor shall begin performance within 10 calendar days and complete it within 60 calendar days after receiving the:

|_| award, |X| notice to proceed. This performance period is |_| mandatory, |_| 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.)

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

PART I—THE SCHEDULE

SECTION B - SCHEDULE OF ITEMS

Option Item 2

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

HAYDEN FLAT CAMPGROUND REHABILITATION –WELL DRILLING SPECIAL PROJECT SPECIFICATIONS

INDEX

SPECIAL PROJECT SPECIFICATIONS

DIVISION 1 – GENERAL REQUIREMENTS

SECTION 01110 – SUMMARY OF WORK

SECTION 01330 - SUBMITTAL PROCEDURES

SECTION 01600 – USE OF GOVERNMENT FACILITIES

SECTION 01640 – PRODUCT HANDLING

SECTION 01700 – CLEANING OF EQUIPMENT

SECTION 01900 – MEASUREMENT AND PAYMENT

DIVISION 2 – SITE CONSTRUCTION

SECTION 02525 – WATER SUPPLY WELLSHAYDEN FLAT CAMPGROUND REHABILITATION –WELL DRILLING SPECIAL PROJECT SPECIFICATIONS

DIVISION 1 - GENERAL REQUIREMENTS

SECTION 01100 - SUMMARY OF WORK

Description of Work: The work shall include all labor, equipment, materials, and incidentals necessary to construct new vertical potable water well and destroy existing abandoned vertical well.

The Contracting Officers Representative (COR) will stake the exact well(s) location on the ground. The drilling CONTRACTOR does not represent, warrant, or guarantee the quality, quantity, or kind of water, if any, encountered.

No separate measurement or payment will be made for work specified in this section.

SECTION 01330 – SUBMITTAL PROCEDURES

The CONTRACTOR will submit, for approval by the CONTRACTING OFFICER, all information necessary to ensure compliance with standards and specifications contained herein. The CONTRACTOR will provide the required submittals at least ten business days prior to the start of work and will include:

a. Written work plan/schedule

b. Written site specific erosion control plan (refer to Appendix B- Non-Site Specific Erosion Control Plan for Well Drilling Projects)

c. Manufacture’s literature, MSDS, and shop drawings of all construction products and materials required for the planned work including casing, drilling foam, mudding agents, grout, etc.

Work will not begin until all submittals have been reviewed and approved by the CONTRACTING OFFICER.

SECTION 01600 - USE OF GOVERNMENT FACILITIES, UTILITIES, ETC.

If approved by the CONTRACTING OFFICER the CONTRACTOR may store materials and equipment at the project site. However, any materials or equipment stored on government property by the CONTRACTOR is the responsibility of the CONTRACTOR.

The CONTRACTOR may use existing sanitation facilities at the worksite.

The CONTRACTOR is responsible for furnishing all utilities necessary to complete the required work.

The CONTRACTOR may use existing GOVERNMENT utilities with written approval from the CONTRACTING OFFICER.

No separate measurement or payment will be made for work specified in this section.HAYDEN FLAT CAMPGROUND REHABILITATION –WELL DRILLING SPECIAL PROJECT SPECIFICATIONS

SECTION 01640 – PRODUCT HANDLING

Work includes protecting products scheduled for work use by means including, but not necessarily limited to, those described in this section.

Quality Assurance: Include within the CONTRACTOR's quality assurance program such procedures as are required to assure full protection of work and materials.

Testing Laboratory Recommendations: Except as otherwise approved by the CONTRACTING OFFICER, determine and comply with testing Laboratory's recommendations on product handling, storage, and protection.

Packaging: Maintain packaged materials with seal(s) unbroken and label(s) intact until time of use. At no cost to the Government, promptly remove any damaged material not meeting the specified requirements. The CONTRACTING OFFICER will reject as non-complying such material and products that do not satisfactorily indicate grade, quality, and other pertinent information.

Protection: Protect finished surfaces over which equipment and materials are handled. Maintain and protect finished surfaces until accepted by the CONTRACTING OFFICER.

Repairs and Replacements:

a. In event of damage, promptly replace and/or repair the item as directed and approved by the CONTRACTING OFFICER at no additional cost to the Government.

b. Additional time required to secure replacements and/or make repairs will not be considered by the CONTRACTING OFFICER as justification for an extension in the Contract Time of Completion.

SECTION 1700 - CLEANING OF EQUIPMENT (04/03)

This work consists of removing all soil and vegetative matter from equipment prior to moving to the project area.

Cleaning Equipment Requirements:

a. Noxious weeds :

1. To prevent the spread of noxious weeds on National Forest Land, CONTRACTOR shall ensure that all equipment is free of soil, seeds, vegetative matter, or other debris that could hold seeds. CONTRACTOR shall employ whatever cleaning methods necessary to ensure compliance with the terms of this specification and shall notify the Contracting Officer prior to moving each piece of equipment onto National Forest land. Notification will include identifying the location of the equipment’s most recent operations. Upon request of the CONTRACTING OFFICER, arrangements shall be made to inspect each piece of equipment prior to it being placed into service. If it is determined by the Contracting Officer that noxious weeds are present in a project, cleaning may also be required before moving between work areas within the same project. The Contracting Officer will approve locations for this additional equipment cleaning.

2. The CONTRACTOR shall certify in writing compliance with the terms of this specification prior to each start up of operations. Measures taken to ensure compliance for equipment used at the start of operations or mobilized later will be identified in the certification. For the purposes of this specification, “equipment” includes all machinery except for lowboys, pickup trucks, cars or other vehicles used to transport personnel on a daily basis.

b. Port Orford Cedar root rot and Sudden Oak Death Syndrome

1. To prevent the spread of Phytophora lateralis (Port Orford Cedar root) and/or Phytophthora ramorum (Sudden Oak Death Syndrome) the CONTRACTOR shall clean any vehicles or equipment moved from infected areas before use in the project area.

2. Cleaning shall consist of the removal of soil by steam cleaning or use of a high-pressure hose. The CONTRACTING OFFICER will inspect cleaned equipment and vehicles prior to mobilization into the project area.

SECTION 01900 – MEASUREMENT AND PAYMENT

The accepted quantities of work will be measured as shown below and paid for at the contract bid price as shown on the Schedule of Items.

Materials and work items not specifically included as specified pay items shall be considered incidental to the following pay items and shall be included in their payment.

ITEM NO.

1001 Mobilization – Lump sum payment includes travel, per diem, and all costs incurred in assembling all needed equipment at well site and its return (demobilization). Bonding costs and local permit(s) application fees shall also be included in pay item.

1002 Drilling - Linear foot payment of drilled vertical hole, measured from the natural ground surface or from start of hole diameter to the final depth. Payment shall include materials, labor, and equipment for drilling; well completion report; drilling fluid, well plumbness and alignment; and well disinfection.

1003 Casing - Linear foot payment of casing installed, measured vertically end-to-end for each type and size. Slotted well casing shall be measured from the bottom of the slotted casing to its connection with the continuous well casing. Payment shall include materials and labor for installation, joining casing sections, installation/removal of temporary (outer) casing if used, casing backfill, site grading around the casing, and secured with lockable cap.

1004 Sanitary seal - Lump sum payment for a 50 foot sanitary seal, measured from the starting lowest level at which the seal is placed to within the ground surface. Seal includes furnishing materials, labor and equipment to mix and place sanitary seal.

1005 Well Development - Lump sum payment includes all materials, equipment, labor, and sampling to complete the development.

1006 Well Performance Testing - Lump sum payment shall include all materials, equipment, and labor necessary to complete performance testing and measurement of static/pumping water levels and drawdown/recovery data.

1007 Water sampling and testing – Lump sum payment shall include all materials, equipment, labor, and laboratory testing analyses from representative well water samples.

1008 Well Destruction – Linear foot payment of hole abandoned. Payment shall be made only when the CONTRACTING OFFICER authorizes the CONTRACTOR - in writing - to abandon the well. Payment when authorized shall include all materials, equipment, and labor required to abandon the well.

1009 Erosion Control – Lump sum payment shall include all materials, equipment, and labor to complete required erosion control measures.

DIVISION 2 – SITE CONSTRUCTION

SECTION 02525 -WATER SUPPLY WELLS

GENERAL

1.01 SCOPE: This work shall consist of furnishing all labor, equipment, materials, and supervision necessary to do the following: drill vertically, case, seal, develop, performance pumping, disinfect, sample & test, and abandon if necessary, a new potable public water source and; properly destroy existing 50-ft deep, 6-inch steel cased 2-ft above ground surface, abandoned vertical well. No well logs exist for the existing abandoned well. If the desired minimum yield is not found, than the CONTRACTING OFFICER may direct the CONTRACTOR to drill in another location within the Campground and modify the base contract with optional well #2 and/or well #3 award items.

1.02 LICENSED CONTRACTOR: Licensed C-57 water well CONTRACTOR shall perform all work under this section.

1.03 CODES AND STANDARDS: All work shall be in accordance with all applicable requirements specified in the following:

• California Well Standards Bulletin 74-81 and 74-90; and any subsequent bulletins published by the California Department of Water Resources (DWR) establishing standards for domestic water well drilling in the state of California

• California Drinking Water Standards – Title 17 and Title 22

• American Water Works Association Standard A100-97 for Water Wells

• Environmental Protection Agency Manual of Water Well Construction Practices

• National Sanitation Foundation (NSF)

• State, County and local regulations and code requirements

1.04 SITE LOCATION: Hayden Flat Campground is located just north of the Trinity River, off of Highway 299-West (T5N, R7E, SW ¼ of Section 24; Lat 40°47’05”N, 123°20’33”W; APN# 008-230-08-00) approximately 30 miles west of the town of Weaverville and 30 miles east of the town of Willow Creek, CA (Appendix A). Meta-sediment bedrock is mapped at Hayden Flat Campground (Appendix D).

1.05 PERMITS: The CONTRACTOR shall obtain all required local permits such as Trinity County water well permit.

1.06 NOTIFICATION: The CONTRACTOR shall notify the Contracting Officer’s Representative Seventy-two (72) hours in advance when starting work on site.

1.07 REPORTS: The CONTRACTOR shall submit a “Well Completion Report, DWR 188” (Appendix C) to the CONTRACTING OFFICER and to the Department of Water Resources Northern District office upon completion of work. Report form available at http://www.dpla2.water.ca.gov/publications/groundwater/dwr188_prd.pdf

1.08 YIELD: The desired minimum yield is 10 gallons per minute.

PRODUCTS

2.01 All products shall be new, undamaged, and approved for the intended use. CONTRACTING OFFICER shall review and approve of all products prior to use and/or installation (refer to Section 01330 and schedule of items).

2.02 The CONTRACTOR will furnish potable water. The CONTRACTOR will identify the potable water source in the submitted work plan. The CONTRACTOR will obtain water from a source that complies with public water system standards.

2.03 Impervious material: Any material with a coefficient of permeability less than 10 feet per year which includes, but is not limited to: Neat cement, sand-cement grout, concrete, and bentonite clay; and well-proportioned mixes of silts, sands, and clays or cement. All impervious materials require the approval of the CONTRACTING OFFICER.

Filler material: Mixtures containing varying proportions of clay, silt, sand, gravel, and crushed stone. All fillers require the approval of the CONTRACTING OFFICER.

Organic matter shall not be used.

EXECUTION

3.01 All soil erosion controls shall be in place prior to start of work if drilling outside of Normal Operating Season (NOS) defined as May 15 to October 15.

3.02 The target depth to achieve sufficient water yield is estimated to be within 250 feet of the surface. The CONTRACTING OFFICER must approve drilling past the target depth. If the well yield is below the minimum desired, the CONTRACTING OFFICER shall consider approving further drilling beyond 250-ft or moving to a different drill site. If a sufficient amount of water quantity is obtained the CONTRACTING OFFICER may direct the CONTRACTOR to stop drilling prior to the 250-ft depth.

3.03 Final disinfection shall be sufficient to produce a minimum of 50 mg/l (parts per million) of available chlorine solution when mixed with the total volume of water in well.

3.04 Steel casing shall be used for the sanitary seal and extend 2-feet above ground surface. The finished well shall be secured with a lockable well cap.

Placement of slotted well casing shall be determined in the field.

PVC well liner casing shall not be extended above ground surface.

If a consolidated geologic formation exists below the sanitary seal, the CONTRACTING OFFICER shall consider not extending the steel casing to the bottom of the drilled hole.

3.05 Well development will be performed in manner that does not threaten or damage the well structure. The pump and prime mover shall have a capacity in excess of the anticipated lift and final production capacity of the well. The development and test pump shall be set to a depth in excess of the anticipated pumping level. Development equipment and method used shall permit variable pumping discharge rates.

3.06 Performance Pumping Test – After recovery from well development is complete, (return of well to static water level), a step-drawdown test and a constant rate test shall be conducted. Pumping the well at the design rate or at maximum yield for a period of not less than 24 hours, unless otherwise specified, and until the pumping level remains constant for at least 8 hours, or until the CONTRACTING OFFICER terminates testing.

3.07 Once well development, disinfection, and performance testing are complete, and all traces of disinfection have been removed the CONTRACTOR shall collect representative water samples. The CONTRACTOR will have a California certified lab conduct the following test analyses: General Mineral; General Physical; Inorganic Chemical; EPA method 200.8 for Arsenic, Boron, Vanadium; and bacteriological colilert analysis. Submit all results to the CONTRACTING OFFICER.

3.08 Well Destruction: Locate all existing underground utilities at or near existing abandoned well. All water utilities shall be capped and all electrical utilities shall be disconnected. Remove exposed unused utilities at least down to 2-feet below ground surface. Remove and dispose of casing down to 3-feet below ground surface.

Contractor shall remove and properly dispose off government land any existing surface grade concrete aprons or foundations surrounding well casing and any existing obstructions and contaminants from within the well casing. No disposal will occur on Government land.

Fill well from the bottom up. The maximum permissible vertical drop for concrete or other cementitious materials is limited to 2 feet. Cementitious material shall not be exposed to the action of water before setting, or deposited in water, except upon written permission. If placing cementitious material in water, prevent segregation by placing from the bottom of the hole using a slick line or equivalent allowing the cementitious material to displace water as the hole is filled.

Provide a continuous seal from the bottom of well to within 3-feet of ground surface. Sealing material placed in the well shall flow over to form a cap.

The CONTRACTOR must verify that the volume of the material placed in the well is at least equal to the volume of the hole. The CONTRACTOR will report results to the COR.

After well seal has been approved by the CONTRACTING OFFICER, existing native soil fill material shall be mounded 1-foot higher than the existing ground surface to allow for settlement. Grade fill material back to existing ground surface with a 1/2:1 slope

END OF SECTION 02525

AGAR 452.211-72 Statement Of Work/Specifications (FEB 1988)

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

AGAR 452.211-73 Attachments To Statement Of Work/Specifications (FEB 1988)

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

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

52.242-14 Suspension of Work (APR 1984)

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 not later than 30 days after commencement. The time stated for completion shall include final cleanup of the premises.

AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996)

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

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

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

The maximum workweek that will be approved is 7 days per week.

SECTION G--CONTRACT ADMINISTRATION DATA

SECTION H--SPECIAL CONTRACT REQUIREMENTS

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

52.213.4 Terms and Conditions -- Simplified Acquisitions (Other Than Commercial Items)

(DEC 2009)

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

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)

Alternate I (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

FAR 52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause— “Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

FAR 52.223-4 Recovered Material Certification (May 2008) As required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(c)(3)(A)(i)), the offeror certifies, by signing this offer, that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable contract specifications or other contractual requirements.

FAR 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---------------------------------------

[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:

Foreign and Domestic Construction Materials Cost Comparison

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.]

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

As prescribed in 25.1102 (e), insert the following provision:

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

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

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) or the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-21 in the request. If an offeror has not requested a determination regarding the inapplicability of 1605 of the Recovery Act or the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

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

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

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

FAR 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…