W911KB-09-R-0001 A00001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Reference Project Title and Location: 2009 -2011 Transitional Dredging at the Port of Anchorage, Anchorage, Alaska

a. The above numbered Solicitation is hereby amended revise the Proposal Schedule, update clauses, and update w age rate. The specific changes are identified on Page 2, Summary of Changes.

b. The date/time for receipt of offers remains unchanged at 4 May 2009 at 2:00 PM Alaska time.

c. Point of contact for this amendment is Christine A. Dale at (907) 753-5618.

d. All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 29

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 10-Apr-2009

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W911KB-09-R-0001

X 9B. DATED (SEE ITEM 11)

02-Apr-2009

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

09-Apr-2009

CODE

U.S. ARMY ENGINEER DISTRICT, AK

CEPOA-CT (W911KB)

PO BOX 6898

ELMENDORF AFB AK 99506-0898

W911KB 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W911KB-09-R-0001

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been modified:

PROPOSAL SCHEDULE

2009-2011 TRANSITIONAL & MAINTENANCE DREDGING

PORT OF ANCHORAGE, ALASKA

Item No. Description Quantity Unit Unit

Price Amount

BASE ITEMS (2009 - 2010)

0001.

Bid, Performance, and Payment Bond Cost, 2009, complete

1 Job Lump Sum $__________

0002.

Mobilization and Demobilization, 2009, complete

0002AA. First Dredge 1 Job Lump Sum $__________

0002AB. Second Dredge 1 Job Lump Sum $__________

0002AC. Third Dredge (If Needed) 1 Job Lump Sum $__________

0003.

North Extension and Barge Berths, Virgin Materials, Dredging, Disposal, and Acceptance Surveys, 2009-2010, complete

0003AA. First 1,700,000 CY 1,700,000 CY $__________ $__________

0003AB. All Over 1,700,000

CY 200,000 CY $__________ $__________

0004.

Removal and Disposal of Boulders and Other Obstructions with any Dimension Greater Than 8 Feet, complete

0004AA.

Boulders with any Dimension Greater Than 8 Feet and Less Than 16 Feet

First 25

25 EA $__________ $__________

0004AB.

Boulders with any Dimension Greater Than 8 Feet and Less Than 16 Feet

All Over 25

15 EA $__________ $__________

0004AC. Concrete Pillbox 1 EA $__________ $__________

0005.

Pre-Dredge, Post- Dredge, and Intermediate Hydrographic Surveys, 2009, complete

__________ EA $__________ $__________

OPTIONAL ITEMS (2009)

0006.

Optional Partnering Session, 2009, Total of Base and Optional Items (0001 thru 0006) for 2009 $__________

OPTIONAL ITEMS (2010)

0007.

Optional Bid, Performance, and Payment Bond Cost, 2010, complete

0008.

Optional Mobilization and Demobilization, 0008AA. First Dredge 1 Job Lump Sum $__________

0008AB. Second Dredge 1 Job Lump Sum $__________

0008AC. Third Dredge (If

0009.

Optional North Extension, Barge Berths, and Existing Port, Maintenance Dredging and Disposal, 2010, 0009AA. First 2,000,000 CY 2,000,000 CY $__________ $__________

0009AB. All Over 2,000,000

CY 800,000 CY $__________ $__________

0010.

Optional South Extension, Virgin Materials, Dredging, Disposal, and Acceptance Surveys, 0010AA. First 650,000 CY 650,000 CY $__________ $__________

0010AB. All Over 650,000 CY 100,000 CY $__________ $__________

0011.

Optional Pre-Dredge, Post-Dredge, and Intermediate Hydrographic Surveys, Total of Optional Items (0007 thru 0011) for 2010 $__________

OPTIONAL ITEMS (2011)

0012.

Optional Bid, Performance, and Payment Bond Cost, 2011, complete

0013.

Optional Mobilization and Demobilization, 0013AA. First Dredge 1 Job Lump Sum $__________

0013AB. Second Dredge 1 Job Lump Sum $__________

0013AC. Third Dredge (If

0014.

If CLIN 0010 is not awarded, Optional South Extension, Virgin Materials, Dredging, Disposal, and Acceptance Surveys, 2011, 0014AA. First 650,000 CY 650,000 CY $__________ $__________

0014AB. All Over 650,000 CY 100,000 CY $__________ $__________

0015.

Optional North Extension, Barge Berths, South Extension, and Remainder of Existing Port, Maintenance Dredging and Disposal, 2011, 0015AA. First 1,000,000 CY 1,000,000 CY $__________ $__________

0015AB. All Over 1,000,000

CY 400,000 CY $__________ $__________

0016.

Optional Pre-Dredge, Post-Dredge, and Intermediate Hydrographic Surveys, Total of Optional Items (0012 thru 0016) for 2011

Total of Base plus Optional Items (0001 thru 0016) 2009-2011: $__________

EVALUTIONS OF OFFERS.

1. AWARD: Award will be made in accordance with Section 00120 – EVALUATION

FACTORS FOR AWARD.

2. INCOMPLETE PROPOSALS: Failure to submit an offer on all items in the schedule will result in an incomplete offer and the offer will be rejected.

Unit or lump sum prices must be shown for each item within the schedule.

3. EXTENSIONS: All extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will govern.

4. SPECIAL BID CONDITION: If a modification to an offer based on unit prices is submitted which provides for a lump sum adjustment to the total offered price, the application of the lump sum adjustment to each unit price in the proposal schedule must be stated. If it is not stated, the offeror agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the proposal schedule.

-- End of Proposal Schedule --

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from U.S. Army Corps of Engineers – Alaska District, Chief of Contracting, P.O. Box 6898, Elmendorf AFB AK 99506-0898 (Physical Address: 2204 Third Street, Elmendorf AFB, AK 99506)

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Name: Kim Kuk Address: P. O. Box 6898, Elmendorf AFB, AK 99506-0898 Telephone: (907) 753-2755

SECTION 00600 - REPRESENTATIONS & CERTIFICATIONS

The following included by full text have been revised:

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is -------------- [insert NAICS code].

(2) The small business size standard is -------------- [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(__) Paragraph (d) applies.

(__) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225- 1.

(xvi) 52.225-4, Buy American Act--Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

----(i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

------(ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

------(iii) 52.219-22, Small Disadvantaged Business Status.

------(A) Basic.

------(B) Alternate I.

------(iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

------(v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

------(vi) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Certification.

------(vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

------(viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

------(ix) 52.227-6, Royalty Information.

------ (A) Basic.

------ (B) Alternate I.

------(x) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below

(offeror to insert changes, identifyingchange by clause number, title, date). These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of Provision)

SECTION 00700 - CONTRACT CLAUSES

The following have been modified:

SECTION 00700a

GENERAL DECISION: AK20080001 04/03/2009 AK1

Date: April 3, 2009 General Decision Number: AK20080001 04/03/2009

Superseded General Decision Number: AK20070001

State: Alaska

Construction Types: Building and Heavy

Counties: Alaska Statewide.

BUILDING AND HEAVY CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories)

Modification Number Publication Date 0 02/08/2008 1 02/15/2008 2 02/29/2008 3 04/04/2008 4 04/18/2008 5 05/09/2008 6 05/23/2008 7 06/06/2008 8 06/27/2008 9 08/01/2008 10 08/08/2008 11 08/15/2008 12 08/22/2008 13 09/05/2008 14 09/19/2008 15 11/07/2008 16 01/02/2009 17 02/06/2009 18 02/27/2009 19 04/03/2009

ASBE0097-001 02/01/2009

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Asbestos Workers/Insulator (includes application of all insulating materials protective coverings, coatings and finishings to all types of mechanical systems).........................$ 31.54 16.70

ASBE0097-002 01/01/2009

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HAZARDOUS MATERIAL HANDLER

(includes preparation, wetting, stripping, removal scrapping, vacuming, bagging, and disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems).........$ 27.35 13.70

BOIL0502-002 10/01/2007

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BOILERMAKER......................$ 39.12 19.01

BRAK0001-002 07/01/2008

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Bricklayer, Blocklayer, Stonemason, Marble Mason, Tile Setter, Terrazzo Worker.....$ 33.82 15.80 Tile & Terrazzo Finisher.........$ 28.65 15.80

CARP1243-003 07/01/2008

North of the 63rd Parallel

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Carpenter/Lather/Drywall Applicator.......................$ 33.30 17.85 Carpenter: Fire or Flood Repair Work......................$ 33.30 17.85

MILLWRIGHT.......................$ 33.39 16.08

CARP1281-004 07/01/2008

SOUTH OF 63RD PARALLEL

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Acoustical Applicator and Lather...........................$ 33.30 17.23 Carpenters & Drywallers..........$ 33.30 17.23

MILLWRIGHT.......................$ 33.39 16.08

CARP2520-003 07/01/2008

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Diver Stand-by....................$ 37.34 17.23

Tender......................$ 36.34 17.23 Working.....................$ 74.68 17.23 Piledriver Carpenter...................$ 33.30 17.23 Piledriver; Skiff Operator and Rigger..................$ 32.30 17.23 Sheet Stabber...............$ 33.30 17.23 Welder......................$ 34.30 17.23

DEPTH PAY PREMIUM FOR DIVERS BELOW WATER SURFACE:

50-100 feet $1.00 per foot 101 feet and deeper $2.00 per foot

ENCLOSURE PAY PREMIUM WITH NO VERTICAL ASCENT:

5-50 FEET $1.00 PER FOOT/DAY

51-100 FEET $2.00 PER FOOT/DAY

101 FEET AND ABOVE $3.00 PER FOOT/DAY

SATURATION DIVING:

The standby rate applies until saturation starts. The saturation diving rate applies when divers are under pressure continuously until work task and decompression are complete. the diver rate shall be paid for all saturation hours.

WORK IN COMBINATION OF CLASSIFICATIONS:

Employees working in any combination of classifications within the diving crew (except dive supervisor) in a shift are paid in the classification with the highest rate for that shift.

* ELEC1547-004 03/30/2009

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CABLE SPLICER....................$ 38.22 3%+$18.15

Electrician;Technician...........$ 36.47 3%+$18.15

* ELEC1547-005 04/01/2009

Line Construction

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CABLE SPLICER....................$ 46.35 3%+$20.65

Line Construction:

(Tree Trimmer Shredder)..........$ 33.40 3%+$20.65 Linemen (Including Equipment Operators, Technician)...........$ 44.60 3%+$20.65 Powderman........................$ 42.60 3%+$20.65

TREE TRIMMER.....................$ 44.60 3%+$20.65

ELEV0019-002 01/01/2009

ELEVATOR MECHANIC................$ 45.405 18.285+a+b

FOOTNOTE: a. Employer contributes 8% of the basic hourly rate for over 5 year's service and 6% of the basic hourly rate for 6 months to 5 years' of service as vacation paid credit. b. Eight paid holidays:

New Year's Day; Memorial Day; Independence Day;

Labor Day; Veteran's Day; Thanksgiving Day; Friday after Thanksgiving and Christmas Day

ENGI0302-002 01/01/2009

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Power equipment operators:

GROUP 1.....................$ 36.19 15.95

GROUP 1A....................$ 37.95 15.95

GROUP 2.....................$ 35.42 15.95

GROUP 3.....................$ 34.70 15.95

GROUP 4.....................$ 28.49 15.95

TUNNEL WORK

GROUP 1....................$ 39.81 15.95

GROUP 1A...................$ 41.75 15.95

GROUP 2....................$ 38.96 15.95

GROUP 3....................$ 38.17 15.95

GROUP 4....................$ 31.34 15.95

POWER EQUIPMENT OPERATOR CLASSIFICATIONS

GROUP 1: Asphalt Roller; Back Filler; Barrier Machine (Zipper); Batch Plant Operator: Batch and Mixer over 200 yds.; Beltcrete with power pack and similar conveyors;

Bending Machine; Boat Coxwains; Bulldozers; Cableways, Highlines and Cablecars; Cleaning Machine; Coating Machine;

Concrete Hydro Blaster; Cranes-45 tons and under or 150 foot boom and under (including jib and attachments): (a) Shovels, Backhoes, Draglines, Clamshells; Gradalls-3 yards and under; (b) Hydralifts or Transporters, all track or truck type,(c) Derricks; Crushers; Deck Winches-Double Drum; Ditching or Trenching Machine (16 inch or over);

Drilling Machines, core, cable, rotary and exploration;

Finishing Machine Operator, concrete paving, Laser Screed, sidewalk, curb and gutter machine; Helicopters; Hover Craft, Flex Craft, Loadmaster, Air Cushion, All Terrain Vehicle, Rollagon, Bargecable, Nodwell Sno Cat; Hydro Ax:

Feller Buncher and similar; Loaders: Forklifts with power boom and swing attachment, Overhead and front end, 2 1/2 yards through 5 yards, Loaders with forks or pipe clamps, Loaders, elevating belt type, Euclid and similar types;

Mechanics, Bodyman; Micro Tunneling Machine; Mixers: Mobile type w/hoist combination; Motor Patrol Grader; Mucking Machines: Mole, Tunnel Drill, Horizontal/Directional Drill Operator, and/or Shield; Operator on Dredges; Piledriver Engineers, L. B. Foster, Puller or similar Paving Breaker;

Power Plant, Turbine Operator, 200 k.w. and over (power plants or combination of power units over 300 k.w.);

Sauerman-Bagley; Scrapers-through 40 yards; Service Oiler/Service Engineer; Sidebooms-under 45 tons; Shot Blast Machine; Spreaders, Blaw Knox, Cedarapids, Barber Greene, Slurry Machine; Sub-grader (Gurries, C.M.I. and C.M.I. Roto Mills and similar types); Tack tractor; Truck mounted Concrete Pumps, Conveyor, Creter; Water Kote Machine;

Unlicensed off road hauler; Welder; Electrical Mechanic, Camp Maintenance Engineer

GROUP 1A: Cranes-over 45 tons or 150 foot (including jib and attachments): (a) Shovels, backhoes, draglines, clamshells-over 3 yards, (b) Tower cranes; Loaders over 5 yds.; Motor Patrol Grader, Dozer, Grade Tractor (finish:

when finishing to final grade and/or to hubs, or for asphalt); Power Plants: 1000 k.w. and over; Quad; Screed;

Sidebooms over 45 tons; Slip Form Paver C.M.I. and similar types; Scrapers over 40 yards; Camera/Tool/Video Operator (Slipline).

GROUP 2: Batch Plant Operators: Batch and Mixer 200 yds. per hour and under; Boiler-fireman; Cement Hog and Concrete Pump Operator; Conveyors (except as listed in group 1);

Hoist on steel erection; Towermobiles and Air Tuggers;

Horizontal/Directional Drill Locator; Loaders, Elevating Grader, Dumor and similar; Locomotives: rod and geared engines; Mixers; Screening, Washing Plant; Sideboom (cradling rock drill regardless of size); Skidder; Trencing Machine under 16 inches.

GROUP 3: "A" Frame Trucks, Deck Winches: single power drum;

Bombardier (tack or tow rig); Boring Machine; Brooms-power;

Bump Cutter; Compressor; Farm tractor; Forklift, industrial type; Gin Truck or Winch Truck with poles when used for hoisting; Grade Checker and Stake Hopper; Hoist, Air Tuggers, Elevators; Loaders: (a) Elevating-Athey, Barber Green and similar types (b) Forklifts or Lumber Carrier (on construction job site) (c) Forklifts with Tower (d) Overhead and Front-end, under 2 1/2 yds. Locomotives:Dinkey (air, steam, gas and electric) Speeders; Mechanics (light duty); Mixers: Concrete Mixers and Batch 200 yds. per hour and under; Oil, Blower Distribution; Post Hole Diggers, mechanical; Pot Fireman (power agitated); Power Plant, Turbine Operator, under 300 k.w.; Pumps-water; Rig oiler/assistant engineer, over 45 ton, over 3 yards or over 150 foot boom; Roller-other than Plantmix; Saws, concrete;

Straightening Machine; Tow Tractor

GROUP 4: Rig Oiler/Assistant Engineer (Advances to Group III if over 45 tons or 3 yards or 150 ft. boom); Swamper (on trenching machines or shovel type equipment); Spotter;

Steam Cleaner

FOOTNOTE: Groups 1-4 receive 10% premium while performing tunnel or underground work. Rig Oiler/Assistant Engineer shall be required on cranes over 85 tons or over 100 feet of boom.

IRON0751-003 08/01/2008

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Ironworkers:

BRIDGE, STRUCTURAL,

ORNAMENTAL, REINFORCING

MACHINERY MOVER, RIGGER,

SHEETER, STAGE RIGGER,

BENDER OPERATOR.............$ 32.29 18.60

FENCE, BARRIER AND

GUARDRAIL INSTALLERS........$ 28.79 18.35

GUARDRAIL LAYOUT MAN........$ 29.53 18.35

HELICOPTER, TOWER...........$ 33.29 18.60

LABO0341-005 07/01/2008

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Laborers: North of the 63rd Parallel & East of Longitude 138 Degrees

GROUP 1.....................$ 28.24 15.20

GROUP 2.....................$ 29.14 15.20

GROUP 3.....................$ 29.94 15.20

GROUP 3A....................$ 32.84 15.20

GROUP 3B....................$ 33.58 15.20

GROUP 4.....................$ 19.00 15.20

TUNNELS, SHAFTS, AND RAISES

GROUP 1....................$ 31.10 15.20

GROUP 2....................$ 32.09 15.20

GROUP 3....................$ 32.96 15.20

GROUP 3A...................$ 36.15 15.20

GROUP 3B...................$ 36.96 15.20

Laborers: South of the 63rd Parallel & West of Longitude 138 Degrees

GROUP 1.....................$ 27.41 14.25

GROUP 2.....................$ 28.27 14.25

GROUP 3.....................$ 29.04 14.25

GROUP 3A....................$ 31.82 14.25

GROUP 3B....................$ 32.53 14.25

GROUP 4.....................$ 18.55 14.25

TUNNELS, SHAFTS, AND RAISES

GROUP 1....................$ 30.11 14.25

GROUP 2....................$ 31.05 14.25

GROUP 3....................$ 31.90 14.25

GROUP 3A...................$ 34.95 14.25

GROUP 3B...................$ 35.75 14.25

LABORERS CLASSIFICATIONS

GROUP 1: Asphalt Workers (shovelman, plant crew); Brush Cutters; Camp Maintenance Laborer; Carpenter Tenders; Choke Setters, Hook Tender, Rigger, Signalman; Concrete

Laborer(curb and gutter, chute handler, grouting, curing, screeding); Crusher Plant Laborer; Demolition Laborer;

Ditch Diggers; Dump Man; Environmental Laborer (asbestos (limited to nonmechanical systems), hazardous and toxic waste, oil spill); Fence Installer; Fire Watch Laborer;

Flagman; Form Strippers; General Laborer; Guardrail Laborer, Bridge Rail Installers; Hydro-Seeder Nozzleman;

Laborers (building); Landscape or Planter; Laying of Decorative Block (retaining walls, flowered decorative block 4 feet and below); Material Handlers; Pneumatic or Power Tools; Portable or Chemical Toilet Serviceman; Pump Man or Mixer Man; Railroad Track Laborer; Sandblast, Pot Tender; Saw Tenders; Scaffold Building and Erecting; Slurry Work; Stake Hopper; Steam Point or Water Jet Operator;

Steam Cleaner Operator; Tank Cleaning; Utiliwalk, Utilidor Laborer and Conduit Installer; Watchman (construction projects); Window Cleaner

GROUP 2: Burning and Cutting Torch; Cement or Lime Dumper or Handler (sack or bulk); Choker Splicer; Chucktender (wagon, airtrack and hydraulic drills); Concrete Laborers (power buggy, concrete saws, pumpcrete nozzleman, vibratorman);

Culvert Pipe Laborer; Cured in place Pipelayer;

Environmental Laborer (marine work, oil spill skimmer operator, small boat operator); Foam Gun or Foam Machine Operator; Green Cutter (dam work); Gunnite Operator; Hod Carriers; Jackhammer or Pavement Breakers (more than 45 pounds);Laying of Decorative Block (retaining walls, flowered decorative block above 4 feet); Mason Tender and Mud Mixer (sewer work); Pilot Car; Plasterer, Bricklayer and Cement Finisher Tenders; Power Saw Operator; Railroad Switch Layout Laborer; Sandblaster; Sewer Caulkers; Sewer Plant Maintenance Man; Thermal Plastic Applicator; Timber Faller, chain saw operator, filer; Timberman

GROUP 3: Alarm Installer; Bit Grinder; Guardrail Machine Operator; High Rigger and tree topper; High Scaler;

Multiplate; Slurry Seal Squeegee Man

GROUP 3A: Asphalt Raker, Asphalt Belly dump lay down; Drill Doctor (in the field); Drillers (including, but not limited to, wagon drills, air track drills; hydraulic drills);

Powderman; Pioneer Drilling and Drilling Off Tugger (all type drills); Pipelayers

GROUP 3B: Grade checker (setting or transfering of grade marks, line and grade)

GROUP 4: Final Building Cleanup

TUNNELS, SHAFTS, AND RAISES CLASSIFICATIONS

GROUP 1: Brakeman; Muckers; Nippers; Topman and Bull Gang;

Tunnel Track Laborer

GROUP 2: Burning and Cutting Torch; Concrete Laborers;

Jackhammers; Nozzleman, Pumpcrete or Shotcrete.

GROUP 3: Miner; Retimberman

GROUP 3A: Asphalt Raker, Asphalt Belly dump lay down; Drill Doctor (in the field); Drillers (including, but not limited to, wagon drills, air track drills; hydraulic drills);

Powderman; Pioneer Drilling and Drilling Off Tugger (all type drills); Pipelayers.

GROUP 3B: Grade checker (setting or transfering of grade marks, line and grade)

Tunnel shaft and raise rates only apply to workers regularly employed inside a tunnel portal or shaft collar.

PAIN1140-004 12/01/2008

SOUTH OF THE 63RD PARALLEL

Rates Fringes

Painters:

Brush, Roller, Sign, Paper and Vinyl, Swing Stage, Hand Taper/Drywall, Structural Steel, and Commercial Spray............$ 27.18 17.22 Machine Taper/Drywall.......$ 28.38 17.22 Spray-Sand/Blast, Epoxy and Tar Applicator..........$ 28.48 17.22

PAIN1140-005 04/01/2008

Rates Fringes

FLOOR LAYER: CARPET (SOFT)

FLOOR............................$ 28.57 10.59

PAIN1140-006 12/01/2008

SOUTH OF THE 63RD PARALLEL

Rates Fringes

GLAZIER..........................$ 30.12 17.25

PAIN1555-004 12/01/2008

NORTH OF THE 63RD PARALLEL

Rates Fringes

PAINTER

BRUSH, ROLLER PAINTER,

WALLCOVERER.................$ 29.85 17.29

STRUCTURAL, SANDBLAST, POT

TENDER, FINISH METAL,

SPRAY, BUFFER OPERATOR,

FLOORCOVERER, RADON

MITIGATION, LEAD BASED

PAINT ABATEMENT, HAZARDOUS

MATERIAL HANDLER, TAPER,

TEXTURING...................$ 30.35 17.29

PAIN1555-005 12/01/2008

NORTH OF THE 63RD PARALLEL

Rates Fringes

GLAZIER..........................$ 31.87 16.30

PLAS0867-001 02/01/2009

Rates Fringes

PLASTERER

North of the 63rd parallel..$ 34.04 15.65 South of the 63rd parallel..$ 33.79 15.65

PLAS0867-004 02/01/2009

Rates Fringes

CEMENT MASON/CONCRETE FINISHER

North of the 63rd parallel..$ 33.79 15.65 South of the 63rd parallel..$ 33.54 15.65

PLUM0262-002 01/01/2009

East of the 141st Meridian

Rates Fringes

Plumber; Steamfitter.............$ 33.02 17.87

PLUM0367-002 07/01/2008

South of the 63rd Parallel

Rates Fringes

Plumber; Steamfitter.............$ 35.58 17.12

PLUM0375-002 07/01/2008

North of the 63rd Parallel

Plumber; Steamfitter.............$ 35.54 18.32

PLUM0669-002 04/01/2008

Rates Fringes

SPRINKLER FITTER.................$ 41.05 16.15

ROOF0190-002 09/01/2007

Rates Fringes

ROOFER, Including Built Up, Composition and Single Ply Roofs North of the 63rd Parallel..$ 32.12 10.50 South of the 63rd Parallel..$ 32.12 10.50

SHEE0023-003 08/01/2008

South of the 63rd Parallel

Rates Fringes

Sheet Metal Worker...............$ 37.34 16.60

SHEE0023-004 07/01/2008

North of the 63rd Parallel

Rates Fringes

Sheet Metal Worker...............$ 39.93 17.11

TEAM0959-003 09/01/2008

Rates Fringes

TRUCK DRIVER

GROUP 1.....................$ 34.98 13.90

GROUP 1A....................$ 36.16 13.90

GROUP 2.....................$ 33.81 13.90

GROUP 3.....................$ 33.05 13.90

GROUP 4.....................$ 32.51 13.90

GROUP 5.....................$ 31.80 13.90

GROUP 1: Semi with Double Box Mixer; Dump Trucks (including rockbuggy and trucks with pups) over 40 yards up to and including 60 yards; Deltas, Commanders, Rollogans and similar equipment when pulling sleds, trailers or similar equipment; Boat Coxswain; Lowboys including attached trailers and jeeps, up to and including 12 axles; Ready-mix over 12 yards up to and including 15 yards); Water Wagon (250 Bbls and above); Tireman, Heavy Duty/Fueler

GROUP 1A: Dump Trucks (including Rockbuggy and Trucks with pups) over 60 yards up to and including 100 yards; Jeeps

(driver under load)

GROUP 2: Turn-O-Wagon or DW-10 not self-loading; All Deltas, Commanders, Rollogans, and similar equipment; Mechanics;

Dump Trucks (including Rockbuggy and Trucks with pups) over 20 yards up to and including 40 yards; Lowboys including attached trailers and jeeps up to and including 8 axles;

Super vac truck/cacasco truck/heat stress truck; Ready-mix over 7 yards up to and including 12 yards;

GROUP 3: Dump Trucks (including Rockbuggy and Trucks with pups) over 10 yards up to and including 20 yards; batch trucks 8 yards and up; Oil distributor drivers; Partsman;

Oil Distributor Drivers; Trucks/Jeeps (push or pull);

Traffic Control Technician

GROUP 4: Buggymobile; Semi or Truck and trailer; Dumpster;

Tireman (light duty); Dump Trucks (including Rockbuggy and Truck with pups) up to and including 10 yards; Track Truck Equipment; Stringing Truck; Grease Truck; Flat Beds, dual rear axle; Hyster Operators (handling bulk aggregate);

Lumber Carrier; Water Wagon, semi; Water Truck, dual axle;

Gin Pole Truck, Winch Truck, Wrecker, Truck Mounted "A" Frame manufactured rating over 5 tons; Bull Lifts and Fork Lifts with Power Boom and Swing attachments, over 5 tons;

Front End Loader with Forks; Bus Operator over 30 passengers; All Terrain Vehicles; Boom Truck/Knuckle Truck over 5 tons; Foam Distributor Truck/dual axle;

Hydro-seeders, dual axle; Vacuum Trucks, Truck Vacuum Sweepers; Loadmaster (air and water); Air Cushion or similar type vehicle; Fire Truck/Ambulance Driver;

Combination Truck-fuel and grease; Compactor (when pulled by rubber tired equipment); Rigger (air/water/oilfield);

Ready Mix, up to and including 7 yards;

GROUP 5: Gravel Spreader Box Operator on Truck; Flat Beds, single rear axle; Boom Truck/Knuckle Truck up to and including 5 tons; Pickups (Pilot Cars and all light duty vehicles); Water Wagon (Below 250 Bbls); Gin Pole Truck, Winch Truck, Wrecker, Truck Mounted "A" Frame, manufactured rating 5 tons and under; Bull Lifts and Fork Lifts (fork lifts with power broom and swing attachments up to and including 5 tons); Buffer Truck; Tack Truck; Farm type Rubber Tired Tractor (when material handling or pulling wagons on a construction project); Foam Distributor, single axle; Hydro-Seeders, single axle; Team Drivers (horses, mules and similar equipment); Fuel Handler (station/bulk attendant); Batch Truck, up to and including 7 yards;

Gear/Supply Truck; Bus Operator, Up to 30 Passengers;

Rigger/Swamper

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 to be prevailing.

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

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):

http://farsite.hill.af.mil/ http://www.hq.usace.army.mil/cepr/efars.htm http://acquisition.gov/comp/far/index.html

(End of clause)

252.222-7000 RESTRICTIONS ON EMPLOYMENT OF PERSONNEL (MAR 2000)

(a) The Contractor shall employ, for the purpose of performing that portion of the contract work in Alaska, individuals who are residents thereof and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills to perform the contract.

(b) The Contractor shall insert the substance of this clause, including this paragraph (b), in each subcontract awarded under this contract.

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Drawing No. Sheet No. Title Rev. No. Date G-001 1 of 6 Project Cover Sheet NA NA C-101 2 of 6 Project Site Plan, Disposal Site && Index

C-102 3 of 6 Barge Berts & Nort Extension, Detail and

Site Plan

C-103 4 of 6 Existing Port Site Plan “ “ C-104 5 of 6 Existing Port & South

Extension

C-501 6 of 6 Project Details “ “ Exhibit 1 1 of 4 2008 Pre-Dredge Survey

May 16, 2008

Exhibit 2 2 of 4 2008 Pre-Dredge Survey May 16, 2008

Exhibit 3 3 of 4 2008 Pre-Dredge Survey May 16, 2008

Exhibit 4 4 of 4 2008 Pre-Dredge Survey May 16, 2008

252.236-7004 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (DEC 1991)

(a) The Government will pay all costs for the mobilization and demobilization of all of the Contractor's plant and equipment at the contract lump sum price for this item.

(1) Sixty percent of the lump sum price upon completion of the contractor's mobilization at the work site.

(2) The remaining forty percent upon completion of demobilization.

(b) The Contracting Officer may require the Contractor to furnish cost data to justify this portion of the bid if the Contracting Officer believes that the percentages in paragraphs (a) (1) and (2) of this clause do not bear a reasonable relation to the cost of the work in this contract.

(1) Failure to justify such price to the satisfaction of the Contracting Officer will result in payment, as determined by the Contracting Officer, of --

(i) Actual mobilization costs at completion of mobilization;

(ii) Actual demobilization costs at completion of demobilization; and

(iii) The remainder of this item in the final payment under this contract.

(2) The Contracting Officer's determination of the actual costs in paragraph (b)(1) of this clause is not subject to appeal.

The following included by reference have been revised:

52.219-9 Alt II Small Business Subcontracting Plan (Apr 2008) Alternate II OCT 2001 52.222-8 Payrolls and Basic Records FEB 1988 52.222-50 Combating Trafficking in Persons AUG 2007 52.244-6 Subcontracts for Commercial Items DEC 2008 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) APR 2007

The following included by full text have been revised:

52.225-11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAR

2009)

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

Caribbean Basin country construction material means a construction material that--

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

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

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.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement 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);

(2) Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, Morocco, Nicaragua, or Singapore);

(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); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, British Virgin Islands, Costa Rica, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Netherlands Antilles, St. Kitts and Nevis, St.

Lucia, St. Vincent and the Grenadines, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country 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, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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.

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

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

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

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

(b) Construction materials.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)).