Amendment 0005.pdf

W66QKZ90146255

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

See Amendment Summary.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 18

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

16C. DATE SIGNED

BY

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 W9127N-09-B-0005

X 9B. DATED (SEE ITEM 11)

27-Feb-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 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.

U0006

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

6. ISSUED BY

3. EFFECTIVE DATE

09-Apr-2009

CODE

US ARMY CORPS OF ENGINEERS

333 SW FIRST AVE

PORTLAND OR 97204-3495

W9127N 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9127N-09-B-0005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

Purpose of Amendment:

The purpose of this amendment is to:

Update Bid Items 0013 and 0014 to include ARRA at the beginning of each line item.

Incorporate the following clauses into section 00800:

1. 52.203-15 Whistleblower Protections Under the American Recovery Act of 2009.

2. 52.204-11 American Recovery and Reinvestment Act—Reporting Requirements

3. 52.225-23 Required Use of American Iron, Steel, and Other Manufactured Goods=Buy American Act-

Construction Materials Under Trade Agreements.

4. 52.225-24 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods-Buy

American Act-Construction Materials Under Trade Agreements.

Incorporate changes to the following clauses and relocate them to section 00800:

1. 52.214-3 Amendments to Invitation for Bids

2. 52.214-26 Audit and Records –Sealed Bidding

3. 52.244-6 Subcontracts for Commercial Items.

Update Clause 52.211-10 Commencement, Prosecution and Completion of Work to include

ARRA at the beginning of items 0013 and 0014.

Update Section 01 22 00.82, paragraphs 3.1.4, 3.1.5, and 3.1.6 as follows:

3.1.4 CR Increment for Material Placement Site (3 to 5 miles one-way), Optional

This line item applies to Columbia River Maintenance Dredging and Disposal unless otherwise specified.

a. Measurement for this bid item shall be any disposal location greater than three (3) and up to five (5) navigational miles (one way) from the centroid of the dredging area to the centroid of the placement area as indicated in SECTION 35 20 23.82. Dredge material placement areas will be established by the Government.

b. Payment for this item will be an incremental cost in addition to the price per cubic yard for CR Dredging and Disposal, Pre/Post Survey and Bin Measure items. This incremental cost will not be applied to: RECOVERY CR Maintenance - RM 10+00 to 15+00, Bin Measure, DWS Disposal and RECOVERY CR Maintenance - RM 15+00 to 21+20, Bin Measure, DWS Disposal.

3.1.5 ARRA - CR Maintenance - RM 10+00 to 15+00, Bin Measure, DWS Disposal (Optional)

a. Measurement and payment for the bid items stated above will be considered complete and full compesantion for the effort and cost to excavate the estimated quantities from within the limits of the dredging pay areas, and above the maximum pay depth as shown including placement of all dredged material within the CRCI DWS. This work be paid for at the contract unit price (cubic yards of dredged material) for these items as directed by the Government.

The distance from the centroid of the dredging area to the centroid of the placement area is approximately 20 miles one way.

b. Mesurement shall be made as stated in paragraph (c), below, to determine total quantities dredged within the individual project sections. The total measured quantity will be subject to deductions for material removed from outside the dimensions of the dredging pay areas, for material which is improperly transported (violations of draft limitations set forth in the Certificate of Inspection, Load Line Certification, or Stability Letter including any amendments thereto), or the material not placed within the designated material placement areas (misplaced material). As part of the CQC program the Contractor and/or the Government shall analyze the determine, by interpolation, the quantities removed from within the project limits shown on pre-dredge survey and progress survey drawings. Non-payable quantity may be determined from survey data, electronic dredge data and/or observation of the on-board CQC or GQAR. When the quantity of non-payable material can be determined on the spot, the CQC and GQAR shall calculate the non-payable material as a percentage of the entire load. Both the CQC and the onboard GQAR will sign the daily record of quantity determination on the daily report form. Those records will be reviewed and checked for verification of actual pay quantities. The volumes arrived at through the review and checking process will be used for actual pay purposes.

c. Load measurements shall be taken by the Contractor and will be generally witnessed by the GQAR.

Measurements shall be accomplished by bin soundings. The bin measuring tape shall have readily visible markings, with the zero point at the bottom of the anchor, and shall be constructed from non-stretchable material, be weighted by a 6- to 8-pound anchor, and be calibrated in feet and tenths of feet. The procedures to be used in the load measuring process shall be included in the CQC plan. A minimum of five soundings shall be taken from each side of the bin(s) or hopper(s) or at locations as necessary to yield the representative average numerical value to be used for accurate quantity determination in accordance with hopper capacity tables.

3.1.6 ARRA - CR Maintenance - RM 15+00 to 21+20, Bin Measure, DWS Disposal (Optional)

a. Measurement and payment for the bid items stated above will be considered complete and full compensation for the effort and cost to excavate the estimated quantities from within the limits of the dredging pay areas, and above the maximum pay depth as shown including placement of all dredged material within the CRCI DWS. This work shall be paid for at the contract unit price (cubic yards of dredged material) for these items as directed by the Government. The distance from the centroid of the dredging area to the centroid of the placement area is approximately 23 miles one way.

b. Measurement shall be made as stated in paragraph (c), below, to determine total quantities dredged within the individual project sections. The total measured quantity will be subject to deductions for material removed from outside the dimensions of the dredging pay areas, for material which is improperly transported (violations of draft limitations set forth in the Certificate of Inspection, Load Line Certification, or Stability Letter including any amendments thereto), or the material not placed within the designated material placement areas (misplaced material). As part of the CQC program the Contractor and/or the Government shall analyze, by interpolation, the quantities removed from within the project limits shown on pre-dredge survey and progress survey drawings. Non-payable quantity may be determined from survey data, electronic dredge data and/or observation of the on-board CQC or GQAR. When the quantity of non-payable material can be determined on the spot, the CQC and GQAR shall calculate the non-payable material as a percentage of the entire load. Both the CQC and the onboard GQAR will sign the daily record of quantity determination on the daily report form. Those records will be reviewed and checked for verification of actual pay quantities. The volumes arrived at through the review and checking process will be used for actual pay purposes.

c. Load measurements shall be taken by the Contractor and will be generally witnessed by the GQAR.

Measurements shall be accomplished by bin soundings. The bin measuring tape shall have readily visible markings, with the zero point at the bottom of the anchor, and shall be constructed from non-stretchable material, be weighted by a 6- to 8-pound anchor, and be calibrated in feet and tenths of feet. The procedures to be used in the load measuring process shall be included in the CQC plan. A minimum of five soundings shall be taken from each side of the bin(s) or hopper(s) or at locations as necessary to yield the representative average numerical value to be used for accurate quantity determination in accordance with hopper capacity tables.

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The following have been modified:

BID SCHEDULE

SECTION 00010

PRICE SCHEDULE

FOR

NO. W9127N-09-B-0005

ITEM

NUMBER DESCRIPTION ESTIMATED

QUANTITIES UNIT UNIT PRICE ESTIMATED

AMOUNT

0001 Mobilization and Demobilization 1 Job xxxxxx $___________

0002 Government Direct Stand-by (Optional) 25 hr $________ $___________

Mouth of the Columbia River (MCR) Maintenance Dredging and Disposal

0003 MCR, Bin Measure – Shallow Water Site (SWS) or North Jetty Site (NJS) Disposal 2,000,000 yd3 $________ $_________

0004 MCR, Bin Measure – SWS or NJS Disposal (Optional)

500,000 yd3 $________ $_________

0005 MCR, Bin Measure – SWS or NJS Disposal (Optional)

500,000 yd3 $________ $_________

MCR, Bin Measure – Increment for Operations and Maintenance Deep Water Site (O&M DWS) Disposal (Optional)

500,000 yd3 $________ $_________

0007 MCR, Bin Measure – Increment for O&M DWS Disposal (Optional)

500,000 yd3 $________ $_________

0008 MCR, Bin Measure – Increment for O&M DWS Disposal (Optional)

500,000 yd3 $________ $_________

Columbia River (CR) Maintenance Dredging and Disposal

0009 CR Maintenance – RM 3+00 to RM 105+00, Bin Measure, Flow Lane (FL) Disposal xxxxxx xxx xxxxxx Xxxxxx

0009AA First 75,000 CY 75,000 yd3 $________ $_________

0009AB Over 75,000 CY 75,000 yd3 $________ $_________

NUMBER DESCRIPTION ESTIMATED

QUANTITIES UNIT UNIT PRICE ESTIMATED

AMOUNT

0010 CR Maintenance – RM 3+00 to RM 105+00, Pre/Post Survey, FL Disposal xxxxxx xxx xxxxxx xxxxx

0010AA First 500,000 CY 500,000 yd3 $________ $_________

0010AB Over 500,000 CY 75,000 yd3 $________ $_________

0011 CR Maintenance – RM 3+00 to RM 105+00, Pre/Post Survey, FL Disposal (Optional) xxxxxx xxx xxxxxx xxxxx

0011AA First 250,000 CY 250,000 yd3 $________ $_________

0011AB Over 250,000 CY 50,000 yd3 $________ $_________

0012 CR Increment for Material Placement Site (3 to 5 miles one-way) (Optional) 75,000 yd3 $________ $_________

0013 ARRA - CR Maintenance – RM 10+00 to 15+00, Bin Measure, DWS Disposal (Optional) 100,000 yd3 $________ $_________

0014 ARRA - CR Maintenance – RM 15+00 to 21+20, Bin Measure, DWS Disposal (Optional) 100,000 yd3 $________ $_________

0015 CR Inter-Project Transit Miles (Optional) xxxxxx xxx xxxxxx xxxxx

0015AA First 250 Miles 250 mile $________ $_________

0015AB Over 250 Miles 250 mile $________ $_________

Coos Bay Maintenance Dredging and Disposal

0016 Coos Bay Entrance, RM 0-40 to RM 0+20, Bin Measure, Site F Disposal xxxxxx xxx xxxxxx xxxxx

0016AA First 400,000 400,000 yd3 $________ $_________

NUMBER DESCRIPTION ESTIMATED

QUANTITIES UNIT UNIT PRICE ESTIMATED

AMOUNT

0016AB Over 400,000 200,000 yd3 $________ $_________

0017 Coos Bay Entrance Transition Zone, RM 0+20 to 0+40 Bin Measure, Site F Disposal (Optional) xxxxxx xxx xxxxxx xxxxx

0017AA First 100,000 (Optional) 100,000 yd3 $________ $_________

0017AB Over 100,000 (Optional) 100,000 yd3 $________ $_________

TOTAL FOR ALL MANDITORY ITEMS $ ____________________

TOTAL FOR ALL OPTIONAL ITEMS $ ____________________

TOTAL FOR ALL ITEMS $ ____________________

BID SCHEDULE NOTES

1. CONDITIONS FOR EXERCISING OPTIONS

The Government may unilaterally exercise optional MCR Bid Items any time after award through September 1, 2009 should work at MCR still exist.

The Government may unilaterally exercise optional CR Maintenance Bid Items anytime prior to completion of all dredging work.

The Government may unilaterally exercise optional Coos Bay Bid Items anytime prior to the completion of all dredging work.

2. UNBALANCED BIDS

It is in the Government’s best interest to receive fair and reasonable bids for the work to be performed under the terms and conditions of this Contract. Any bid may be rejected by the Contracting Officer if he determines that the price for any line item or sub-line item is materially unbalanced. A bid is materially unbalanced if it is mathematically unbalanced and if:

a. There is a reasonable doubt that the bid would result in the lowest overall cost to the Government even though it is the lowest responsive bid; or

b. The bid is so grossly unbalanced that its acceptance would be tantamount to allowing an advance payment.

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been deleted:

52.214-3 Amendments To Invitations For Bids DEC 1989

SECTION 00700 - CONTRACT CLAUSES

The following have been deleted:

52.214-26 Audit and Records--Sealed Bidding OCT 1997 52.244-6 Subcontracts for Commercial Items DEC 2008

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been added by full text:

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

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

(a) Definitions . As used in this clause—

Contract , as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards;

job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq . For discussion of various types of contracts, see FAR Part 16.

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

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

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

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

(1) Salary and bonus.

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

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

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

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

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

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

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

(d) The Contractor shall report the following information, using the online reporting tool available at http://www.FederalReporting.gov .

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government's on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor's progress towards the completion of the overall purpose and expected outcomes or results of the contract ( i.e ., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor's workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor's existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

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

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

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

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

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

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

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

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

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

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

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

(vi) Funding agency.

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

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

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

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

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

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

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

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

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

52.214-26 -- Audit and Records -- Sealed Bidding Alternate I (Mar 2009)

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

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

(1) The proposal for the modification;

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

(3) Pricing of the modification; or

(4) Performance of the modification.

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

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

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

(d) Availability. The Contractor shall make available at its office at all reasonable times the materials described in paragraph (b) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract, or for any other period specified in Subpart 4.7 of the Federal Acquisition Regulation (FAR). FAR Subpart 4.7, Contractor Records Retention, in effect on the date of this contract, is incorporated by reference in its entirety and made a part of this contract.

(1) If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

(2) Records pertaining to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to the performance of this contract shall be made available until disposition of such appeals, litigation, or claims.

(e)

(1) Except as provided in paragraph (e)(2), the Contractor shall insert a clause containing the provisions of this clause, including this paragraph (e), in all subcontracts.

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

52.214-3 -- Amendments to Invitations for Bids (Dec 1989)

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Bidders shall acknowledge receipt of any amendment to this solicitation

(1) by signing and returning the amendment,

(2) by identifying the amendment number and date in the space provided for this purpose on the form for submitting a bid,

(3) by letter or telegram, or

(4) by facsimile, if facsimile bids are authorized in the solicitation.

The Government must receive the acknowledgment by the time and at the place specified for receipt of bids.

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; 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, or United Kingdom);

(2) A Free Trade Agreement country (FTA)(Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore); or

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia).

“Recovery Act designated country construction material” means a construction material that is a WTO GPA country construction material, an FTA country construction material, or a least developed country construction material.

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

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

“Unmanufactured construction material” means raw material brought to the construction site for incorporation into the building or work that has not been—

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

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

“WTO GPA country construction material” means a construction material that—

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

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

(b) Construction materials.

(1) The restrictions of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-

5) (Recovery Act) and the Buy American Act (41 U.S.C. 10a-10d) do not apply to Recovery Act designated country construction material. Consistent with U.S. obligations under international agreements, this clause implements—

(i) Section 1605 of the Recovery Act by requiring, unless an exception applies, that all iron, steel, and other manufactured goods used as construction material in the project are produced in the United States; and

(ii) The Buy American Act by providing a preference for unmanufactured domestic construction material.

(2) The Contractor shall use only domestic or Recovery Act designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate “none”.]

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

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

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

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

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

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

(c) Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American Act.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including—

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

(B) Unit of measure;

(C) Quantity;

(D) Cost;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

(3) Unless the Government determines that an exception to the section 1605 of the Recovery Act or the Buy American Act applies, use of foreign construction material other than that covered by trade agreements is noncompliant with the applicable Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Cost Comparison

Construction material description Unit of measure

Quantity Cost (dollars)

Item 1:

Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.][Include other applicable supporting information.]

[* Include all delivery costs to the construction site.]

52.225-24 -- Notice of Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials under Trade Agreements. (Mar 2009)

(a) Definitions. “Construction material,” “domestic construction material,” “foreign construction material,” “manufactured construction material,” “Recovery Act designated country 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 Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-23).

(b) Requests for determination 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 FAR clause 52.225-23 in the request. If an offeror has not requested a determination regarding the inapplicability of section 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, other than Recovery Act designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-23, the offeror also may submit an alternate offer based on use of equivalent domestic or Recovery Act designated country 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 FAR clause 52.225-23 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 FAR clause 52.225-23 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or Recovery Act designated country construction material, and the offeror shall be required to furnish such domestic or Recovery Act designated country 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.

52.244-6 -- Subcontracts for Commercial Items (Mar 2009)

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

“Commercial item” has the meaning contained Federal Acquisition Regulation 2.101, Definitions.

“Subcontract” includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

(c) (1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110- 252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). Applies to subcontracts funded under the Act.

(iii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C.

637(d)(2)(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceed $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212(a));

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C.

793).

(vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (Flow down a required in accordance with paragraph (g) of FAR clause 52.222-39.)

(viii) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

(ix) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241 and 10 U.S.C. 2631) (flow down required in accordance with paragraph (d) of FAR clause 52.247-64).

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract

AVAILABILITY OF FUNDS

Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available