CACHA001.pdf

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Contract Clauses

52.202-1 Definitions. (JUL 2004)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (APR 1984)

52.203-7 Anti-Kickback Procedures. (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)

52.203-13 Contractor Code of Business Ethics and Conduct. (DEC 2008)

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)

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

52.204-7 Central Contractor Registration. (APR 2008)

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.

Amendment A001 March 30, 2010

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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. (FEB 2009)

52.222-54 Employment Eligibility Verification. (JAN 2009)

52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997)

52.223-5 Pollution Prevention and Right-to-Know Information. (AUG 2003)

52.223-6 Drug-Free Workplace. (MAY 2001)

52.223-14 Toxic Chemical Release Reporting. (AUG 2003)

52.224-1 Privacy Act Notification. (APR 1984)

52.224-2 Privacy Act. (APR 1984)

52.225-23 Required Use of American Iron, Steel, and Other Manufactured Goods -- Buy American Act— Construction Materials under Trade Agreements (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 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;

(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 a Free Trade Agreement (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 a 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, or United Kingdom);

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GENERAL DECISION: AZ20100014 03/12/2010 AZ14

Date: March 12, 2010 General Decision Number: AZ20100014 03/12/2010

Superseded General Decision Number: AZ20080014

State: Arizona

Construction Type: Highway

Counties: Apache, Cochise, Gila, Graham, Greenlee, La Paz, Navajo and Santa Cruz Counties in Arizona.

HIGHWAY CONSTRUCTION PROJECTS

Modification Number Publication Date 0 03/12/2010

* CARP0408-007 07/01/2009

APACHE, COCHISE & SANTA CRUZ COUNTIES

Rates Fringes

CARPENTER (Including Cement Form Work).......................$ 23.58 7.24

ENGI0428-004 06/01/2009

Rates Fringes

POWER EQUIPMENT OPERATOR

Oiler Driver................$ 24.16 9.31

SUAZ2009-002 04/23/2009

Rates Fringes

CARPENTER

Gila, Graham, Greenlee, La Paz & Navajo................$ 21.71 3.82

CEMENT MASON.....................$ 17.74 3.59

ELECTRICIAN......................$ 24.43 5.38

IRONWORKER, Rebar................$ 21.36 9.83

LABORER

Asphalt Raker...............$ 14.97 5.88 Concrete Worker.............$ 13.38 4.50 Fence Builder...............$ 12.20 3.84 Flagger.....................$ 12.31 3.96 General/Cleanup.............$ 12.78 2.50 Guard Rail Installer........$ 12.20 3.84 Landscape Laborer...........$ 11.02

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Water Blaster...............$ 14.90 2.90

PAINTER..........................$ 13.94 2.56

POWER EQUIPMENT OPERATOR

Backhoe < 1 cu yd...........$ 17.76 3.89 Compactor Self Propelled (with blade-grade operation.$ 22.53 6.57 Compactor Small Self Propelled (with blade-backfill, ditch operation)..$ 22.29 6.31 Concrete Pump...............$ 20.31 6.48 Crane (under 15 tons).......$ 22.98 4.26 Drilling Machine (including wells)...........$ 21.79 4.10 Grade Checker...............$ 23.41 6.54 Hydrographic Seeder.........$ 19.73 5.40 Mass Excavator..............$ 23.33 6.98 Milling Machine/Rotomill....$ 21.87 6.84 Power Sweeper...............$ 19.33 4.85 Roller (all types asphalt)..$ 17.46 5.58 Roller (excluding asphalt)..$ 19.23 5.09 Scraper (pneumatic tire)....$ 22.41 6.90 Screed......................$ 20.90 6.72 Skip Loader (all types 3 < 6 cu yd)....................$ 20.91 7.35 Skip Loader (all types 6 < 10 cu yd)...................$ 22.24 6.83 Skip Loader < 3 cu yd.......$ 17.97 6.60 Tractor (dozer, pusher-all)........................$ 22.53 6.47 Tractor (wheel type)........$ 24.62 7.57

TRUCK DRIVER

2 or 3 axle Dump or Flatrack....................$ 16.17 4.24 Oil Tanker Bootman..........$ 21.94 Pickup......................$ 12.88 1.73 Water Truck < 2500 gal......$ 19.59 5.90 Water Truck > 3900 gal......$ 18.70 4.79 Water Truck 2500 < 3900 gal.........................$ 17.13

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)).

In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined

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WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).

Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

Untitled

CENTRAL FEDERAL LANDS HIGHWAY DIVISION

12300 WEST DAKOTA AVENUE, SUITE 360

LAKEWOOD, COLORADO 80228

ATTENTION: TIFFANY ATCHISON

1:

INVITATION FOR BID

Remove pages C-1 and C-7 and replace with pages C-1 and C-7, dated March 30, 2010. Adds clauses 52.203-13 Contractor Code of Business Ethics and Conduct. (DEC 2008) and 52.222-54 Employment Eligibility Verification. (JAN 2009)

Remove Pages D-1 through D-3 and replace with pages D-1 through D-3, dated March 30, 2010. Revises Davis Bacon Wage Determination

*FAILURE TO ACKNOWLEDGE THIS AMENDMENT BY THE DESIGNATED DATE AND HOUR SPECIFIED IN THE SOLICITATION MAY RESULT IN REJECTION OF YOUR BID (REFER TO ITEM 11.)