Solicitation No. HAQ082031

PART II - SCHEDULE OF ITEMS

cy = Cubic Yard

ls = Lump Sum

lf = Linear Foot

PERFORMANCE TIME: 60 Calendar Days

ESTIMATED START WORK DATE: August 11, 2008 (SEE PART III, PARAGRAPH
III.5)

BOND REQUIREMENTS: This project requires 20% bid guarantee (FAR
52.228-1) (bonds require power of attorney); 100% payment bond or
payment protection (FAR 52.228-15 or 52.228-13 if the award amount
exceeds \$30,000 but does not exceed \$100,000); and 100% performance
bond, as described in 52.228-15, regardless of dollar amount.

EVALUATION FOR AWARD

Award will be made on an all or none basis to the offeror offering the
lowest total acceptable bid and will not be made for less than a total
of all quantities as set forth in the schedule of items.

QUALIFICATION OF OFFER

An offeror may qualify its offer to not be considered for an award under
this solicitation if awarded another Oregon State Office BLM contract
under any of the below-listed solicitations opening prior to this
solicitation.

[Solicitation Number(s):]{.underline}

a\. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

b\. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

c\. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Bids qualified other than as provided above will be considered
nonresponsive.

PART III - SPECIAL CONTRACT REQUIREMENTS

III.1.0 CONTRACTING OFFICER\'S REPRESENTATIVE DEFINITION

> The "Contracting Officer's Representative (COR)" is the on-the-ground
> administrator for the Contracting Officer.

III.2.0 PROJECT INSPECTOR DEFINITION

> "Project Inspector" means the person designated by the Contracting
> Officer to perform, as needed, on-the-job Government inspection of
> work accomplished by the Contractor.

III.3.0 RESPONSIBILITIES OF THE CONTRACTING OFFICER\'S REPRESENTATIVE
AND PROJECT INSPECTOR

III.3.1 The COR's authorities and responsibilities are defined in the
COR's Designation Letter. The COR is authorized to clarify technical
requirements, and to review and approve work which is clearly within the
scope of work. He is NOT authorized to issue changes pursuant to the
changes clause or to in any other way modify the scope of work.

III.3.2 The Project Inspector is responsible for checking the
Contractor's compliance with the technical specifications, drawings,
work schedule, and labor provisions at the site of the work.

III.4.0 WORK HOURS

> Unless otherwise specified in Part VI, Specifications, work hours
> under this contract shall be limited to the time between one-half hour
> before sunrise to one-half hour after sunset each day. No work will be
> done on Saturday, Sunday, or legal National Holidays unless authorized
> by the COR.

III.5.0 ENVIRONMENTAL INTERRUPTION OF WORK

> The Contracting Officer, by issuance of a suspend work order, may
> direct the Contractor to shut down any work that may be subject to
> damage due to weather conditions, fire danger, or because it is
> impracticable to work during the winter season. The Contractor will be
> given a resume work order which will document the date the work
> suspension ends. An allowance [has been included]{.underline} in the
> contract time for all environmental delays. The count of contract time
> will therefore continue during all periods of suspension due to normal
> weather conditions, including fire danger. The Contractor will not be
> entitled to additional contract time for any suspensions except to the
> extent that they are due to unusually severe weather conditions. The
> Contractor will not be entitled to additional monetary compensation
> for such suspensions regardless of duration.

III.6.0 DRAWINGS

III.6.1 Typical Drawings. Any drawings titled typical are general only
and dimensions of each structure will be fixed by the Contracting
Officer to adapt the design to existing conditions at the structure
location.

III.6.2 Reduced Size Drawings. Drawings appearing in this package may be
photographically reduced in size. Accordingly, measurements and
dimensions should not be taken or be based on any numerical scales
shown. To review full-size drawings, contact the Contracting Officer.

III.7.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

III.7.1 Public Law 93-291, May 24, 1974, provides for the preservation
of scientific, prehistorical, and archeological data (including relics
and specimens) which might otherwise be lost due to alteration of the
terrain as a result of any Federal construction project.

III.7.2 The Contractor agrees that should any contractor employees in
the performance of this contract discover evidence of possible
scientific, prehistorical, historical, or archeological data the
contractor will notify the Contracting Officer immediately in writing
giving the location and nature of the findings.

III.7.3 Where appropriate by reason of discovery, the Contracting
Officer may order delays in the time of performance and/or changes in
the work. If such delays and/or changes are ordered, the time of
performance and contract price shall be adjusted in accordance with the
applicable clauses in the Contract Clauses Section of this contract.

III.7.4 The Contractor agrees to insert this requirement in all
subcontracts which involve the performance of work on the terrain of the
site.

III.8.0 PERFORMANCE AND PAYMENT SECURITY

III.8.1 The successful quoter/offeror shall furnish to the Contracting
Officer performance security on Standard Form (SF) 25 in the penal sum
of 20 percent of the original contract price and payment security on SF
25A in the penal sum of 100 percent of the original contract price. The
security shall be submitted within ten (10) days after receipt of
written request for security. See clause 52.228-13. Failure to submit
security shall be cause to cancel the award (applies to quotes only).

III.8.2 Each corporate surety bond, executed by an agent or
attorney-in-fact for a corporate surety, is required to have submitted
with it a power of attorney specifically naming the agent or
attorney-in-fact to represent the corporate surety. The power of
attorney shall be executed upon a date reasonably proximate to the date
of the bond or shall be accompanied by a certification of the surety to
the effect that the power of attorney was in full force and effect upon
a date reasonably proximate to the date of the bond.

III.8.3 Certified or cashier\'s checks, bank drafts, and postal money
orders shall be drawn payable to the Bureau of Land Management (BLM) and
reference the applicable contract number. Currency may be deposited by
the BLM in the U.S. Treasury. Irrevocable letters of credit (ILC) issued
by a federally-insured financial institution in the name of the
contracting agency and which identify the agency and solicitation or
contract number for which the ILC is provided (see clause 52.228-14).

III.8.4 Performance security shall be maintained through date of final
payment or until completion of any warranty period.

III.9.0 FIRE DANGER SEASON

> If the COR allows the Contractor to continue work during periods of
> declared fire danger or season, the Contractor shall comply with all
> applicable state laws relating to fire prevention and with all special
> conditions of work as directed by the COR and outlined as follows:

FIRE REQUIREMENTS PROCEDURES OUTLINE

This outline covers the fire protection requirements of a contractor or
private party who performs service or construction contracts on BLM
land. In western Oregon, the BLM allows Oregon Forest Law (ORS) and
Oregon Administrative Rules (OAR) to apply to these operations on BLM
lands rather than develop similar rules applicable only to BLM lands.

**1.** **CLOSED FIRE SEASON**

The closed fire season means that fire season has been declared. ORS
477.505 gives the State Forester the authority to establish the fire
season. The authority has been delegated to the District Foresters
around the state who issue public notices through the newspapers and
radio when fire season will be closed for their individual districts.
Closed fire season depends upon the drying of forest fuels, rainfall,
and time of year. During the closed fire season, the following
requirements must be met:

1.  Fire tools must be on site;

2.  Fire extinguisher must be in all vehicles;

3.  Chainsaws must have a .023-inch mesh screen installed in the
    exhaust;

4.  Only [unmodified]{.underline} saws are to be used in the forest;

5.  Approved spark arresters must be on all internal combustion engines;

6.  Watchman service must be provided for 3 hrs after shutdown of power
    equipment for the day;

7.  No smoking is permitted while working or traveling through any
    operations area in the forest;

8.  No use of explosives is permitted unless approved by the State
    Forester\'s representative;

9.  Permits to burn are required unless waived by a representative of
    the State Forester.

Changes or modifications to the above requirements are possible
depending upon changes in State of Oregon law and requirements of the
State Districts and Protective Associations.

**2. FIRE PRECAUTION LEVELS**

There are 4 fire precaution levels that begin with level 1 at the start
of the closed fire season and can go through level 4 if conditions
warrant. The fire precaution levels restrict certain forest operations
as the fire danger increases. It is the responsibility of the individual
operating on forest land to know the precaution level for the day and
take the correct fire precautions. There are no precaution levels prior
to the closed fire season. Each fire precaution level requires adherence
to the restrictions applicable to all lower levels in addition to the
limits placed by that level.

**Level 1** is the lowest level of fire danger usually occurring early
in the season and perhaps again after significant rainfall during the
season. All requirements listed above apply. Waivers may be issued by
the State Districts or Protective Associations and these
[MUST]{.underline} be approved by the BLM. Waivers will only be
considered if the conditions on the work site are not as severe as
predicted. The requirements for fire tools on site, screens installed in
saws, and fire extinguishers with saws will not be waived.

**Level 2** is the partial hootowl where saws can operate from first
light in the morning until 1:00 p.m. in the afternoon. From 1:00 p.m.
until the end of the day saws are to be shut down. Waivers for operating
beyond the 1:00 p.m. shutdown will be evaluated on a site-by-site basis.

**Level 3** is the partial shutdown of all forest industrial operations
and shuts down contractor operations with few exceptions. Waivers may be
issued on a site-by-site basis.

**Level 4** is the general shutdown of all contractor operations.
Waivers will not be issued. Landowners are permitted entry into their
lands.

**ORS. 477.066** requires that an operator on forest land take immediate
action to control and extinguish a fire on forest land. The contractor
shall take this action and notify the BLM and the nearest State of
Oregon District office immediately.

**OAR. 629-43-030** requires [watchmen]{.underline} to be:

10. Physically capable and experienced in operating any firefighting
    equipment on site.

11. On duty for 3 hours after the shutdown of the last power-driven
    equipment for the day.

12. Furnished adequate facilities for transportation and communications
    in order to summon

assistance if needed.

13. Patrolling and visually inspecting all sites where work was done
    during the day.

**3. FIRE TOOLS REQUIRED DURING CLOSED FIRE SEASON**

The operator/contractor shall furnish fire tools to all personnel on
site using the following combinations.

[NUMBER OF
PERSONNEL                                           \_\_\_\_\_\_\_\_     ]{.underline}

1- 4 5 6 7 8 9 10 11 12 13 14

[KIND OF TOOLS NUMBER OF TOOLS
REQUIRED                     \_      \_\_\_\_\_\_\_\_\_\_     ]{.underline}

Pulaskis 1 1 1 1 1 1 2 2 2 2 2

Shovels 2 2 2 3 3 3 3 4 4 5 5

Hazel hoes 1 2 3 3 4 5 5 5 6 6 6

In addition to the above handtools, the operator/contractor must provide
a backpack pump can filled with water located with the tool box in a
readily available area.

All shovels are to be size 0 or larger, long handled. All tools shall be
sharp and ready for service. Fire extinguishers as follows:

-   For chainsaws - 8 oz. capacity by weight.

-   For vehicles - UL rating of at least 4 BC.

PART IV - CONSTRUCTION CLAUSES (current through Federal Acquisition
Circ. 2005-26)

**\* Asterisked clauses are included in full text.**

52.203-3 Gratuities (APR 1984)

52.204-7\* Central Contractor Registration (APR 2008)

52.209-6 Protecting the Government's Interest When (SEPT 2006)

Subcontracting With Contractors Debarred, Suspended,

Or Proposed for Debarment

52.211-10\* Commencement, Prosecution, and Completion of Work (APR 1984)

52.211-18\* Variation in Estimated Quantity (APR 1984)

52.219-3 Notice of Total HUBZone Set-Aside (JAN 1999)

(Applicable if noted on the Schedule).

52.222-50 Combating Trafficking in Persons. (AUG 2007)

52.225-9\* Buy American Act - Balance of Payments Program -

> Construction Materials (JAN 2005)

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

52.228-2 Additional Bond Security (OCT 1997)

(Applicable if award exceeds \$30,000.)

52.228-13\* Alternative Payment Protections (JUL 2000)

(Applicable if award exceeds \$30,000.)

52.228-14 Irrevocable Letter of Credit (DEC 1999)

(Applicable if award exceeds \$30,000.)

52.232-5\* Payments under Fixed - Price Construction Contracts (SEP
2002)

52.232-9 Limitation on Withholding of Payments (APR 1984)

52.232-23 Assignment of Claims (JAN 1986)

52.232-27\* Prompt Payment for Construction Contracts (SEPT 2005)

52.232-33\* Payment by Electronic Funds Transfer - Central Contractor

Registration (OCT 2003)

52.233-1\* Disputes \-- Alternate I (DEC 1991) (JUL 2002)

52.233-3 Protest After Award (AUG 1996)

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

52.236-2\* Differing Site Conditions (APR 1984)

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

52.236-5\* Material and Workmanship (APR 1984)

52.236-6\* Superintendence by the Contractor (APR 1984)

52.236-7\* Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures,

> Equipment, Utilities, and Improvements (APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

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

52.236-12 Cleaning Up (APR 1984)

52.236-13\* Accident Prevention (NOV 1991)

52.236-17 Layout of Work (APR 1984)

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

52.236-26\* Preconstruction Conference (FEB 1995)

52.242-14\* Suspension of Work (APR 1984)

52.243-5\* Changes and Changed Conditions (APR 1984)

52.244-6 Subcontracts for Commercial Items (MAR 2007)

52.245-1 Government Property (JUN 2007)

52.245-9 Use and Charges (JUN 2007)

52.246-12\* Inspection of Construction (AUG 1996)

52.246-21\* Warranty of Construction (MAR 1994)

52.249-1\* Termination for Convenience of the Government

> (Fixed-Price) (SHORT FORM) (APR 1984)

52.249-10\* Default (Fixed-Price Construction) (APR 1984)

52.252-2\* Clauses Incorporated by Reference (FEB 1998)

52.253-1 Computer Generated Forms (JAN 1991)

PART IV - CONTRACT CLAUSES

52.204-7 CENTRAL CONTRACT REGISTRATION (APR 2008)

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

"Central Contractor Registration (CCR) database" means the primary
Government repository for Contractor information required for the
conduct of business with the Government.

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

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

"Registered in the CCR database" means that---

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

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

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

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

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

\(1\) An offeror may obtain a DUNS number---

> \(i\) Via the Internet at <http://fedgov.dnb.com/webform>; or if the
> offeror does not have internet access, it may call Dun and Bradstreet
> at 1-866-705-5711 if located within the United States; or
>
> \(ii\) If located outside the United States, by contacting the local
> Dun and Bradstreet office. The offeror should indicate that it is an
> offeror for a U.S. Government contract when contacting the local Dun
> and Bradstreet office.

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

\(i\) Company legal business.

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

\(iii\) Company Physical Street Address, City, State, and ZIP Code.

\(iv\) Company Mailing Address, City, State and ZIP Code (if separate
from physical).

\(v\) Company Telephone Number.

\(vi\) Date the company was started.

\(vii\) Number of employees at your location.

\(viii\) Chief executive officer/key manager.

\(ix\) Line of business (industry).

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

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

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

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

\(g\)

\(1\)

\(i\) If a Contractor has legally changed its business name, "doing
business as" name, or division name (whichever is shown on the
contract), or has transferred the assets used in performing the
contract, but has not completed the necessary requirements regarding
novation and change-of-name agreements in Subpart 42.12, the Contractor
shall provide the responsible Contracting Officer a minimum of
one business day's written notification of its intention to (A) change
the name in the CCR database; (B) comply with the requirements of
Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and
procedures specified by the responsible Contracting Officer. The
Contractor must provide with the notification sufficient documentation
to support the legally changed name.

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

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

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

52.211-10 COMMENCEMENT, PROSECUTION, AND (APR 1984)

COMPLETION OF WORK

The Contractor shall be required to (a) commence work under this
contract within (See Schedule of Items) calendar days after the date the
Contractor receives the notice to proceed, (b) prosecute the work
diligently, and (c) complete the entire work ready for use not later
than (See Schedule of Items). The time stated for completion shall
include final cleanup of the premises.

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated
quantity and the actual quantity of the unit-priced item varies more
than 15 percent above or below the estimated quantity, an equitable
adjustment in the contract price shall be made upon demand of either
party. The equitable adjustment shall be based upon any increase or
decrease in costs due solely to the variation above 115 percent or below
85 percent of the estimated quantity. If the quantity variation is such
as to cause an increase in the time necessary for completion, the
Contractor may request, in writing, an extension of time, to be received
by the Contracting Officer within 10 days from the beginning of the
delay, or within such further period as may be granted by the
Contracting Officer before the date of final settlement of the contract.
Upon the receipt of a written request for an extension, the Contracting
Officer shall ascertain the facts and make an adjustment for extending
the completion date as, in the judgement of the Contracting Officer, is
justified.

52.215-8 ORDER OF PRECEDENCE\--UNIFORM CONTRACT FORMAT (OCT 1997)

Any inconsistency in this solicitation or contract shall be resolved by
giving precedence in the following order:

\(a\) The Schedule (excluding the specifications).

\(b\) Representations and other instructions.

\(c\) Contract clauses.

\(d\) Other documents, exhibits, and attachments.

\(e\) The specifications.

52.225-9 BUY AMERICAN ACT - CONSTRUCTION MATERIALS (JAN 2005)

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

"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 a subcontractor for
incorporation into the building or work. The term also includes an item
brought to the site preassembled from articles, materials, or supplies.
However, emergency life safety systems, such as emergency lighting, fire
alarm, and audio evacuation systems, that are discrete systems
incorporated into a public building or work and that are produced as
complete systems, are evaluated as a single and distinct construction
material regardless of when or how the individual parts or components of
those systems are delivered to the construction site. Materials
purchased directly by the Government are supplies, not construction
material.

"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.

"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, if 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.

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

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

\(b\) Domestic preference.

\(1\) This clause implements the Buy American Act (41 U.S.C. 10a - 10d)
by providing a preference for domestic construction material. The
Contractor shall use only domestic construction material in performing
this contract, except as provided in paragraphs (b)(2) and (b)(3) of
this clause.

\(2\) This requirement does not apply to the construction material or
components listed by the Government as follows: none.

\(3\) The Contracting Officer may add other foreign construction
material to the list in paragraph (b)(2) of this clause if the
Government determines that---

\(i\) The cost of domestic construction material would be unreasonable.
The cost of a particular domestic construction material subject to the
requirements of the Buy American Act is unreasonable when the cost of
such material exceeds the cost of foreign material by more than
6 percent;

\(ii\) The application of the restriction of the Buy American Act to a
particular construction material would be impracticable or inconsistent
with the public interest; or

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

\(c\) Request for determination of inapplicability of the Buy American
Act.

(1)(i) Any Contractor request to use foreign construction material in
accordance with paragraph (b)(3) 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;

\(D\) Price;

\(E\) 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)(3) of this
clause.

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

\(iii\) The price of construction material shall include all delivery
costs to the construction site and any applicable duty (whether or not a
duty-free certificate may be issued).

\(iv\) 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 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 price of a domestic construction material, adequate
consideration is not less than the differential established in
paragraph (b)(3)(i) of this clause.

\(3\) Unless the Government determines that an exception to the Buy
American Act applies, use of foreign construction material is
noncompliant with the Buy American Act.

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

+---+----------------------------+--------------+--------+--------------+---+
|   | [Foreign and Domestic      |              |        |              |   |
|   | Construction Materials     |              |        |              |   |
|   | Price                      |              |        |              |   |
|   | Comparison]{.smallcaps}    |              |        |              |   |
+---+----------------------------+--------------+--------+--------------+---+
|   | Construction Material      | Unit of      | Qu     | Price        |   |
|   | Description                | Measure      | antity | (Dollars)\*  |   |
+---+----------------------------+--------------+--------+--------------+---+
|   | > *Item 1*:                |              |        |              |   |
+---+----------------------------+--------------+--------+--------------+---+
|   | > Foreign construction     | \_           | \_     | \_           |   |
|   | > material                 | \_\_\_\_\_\_ | \_\_\_ | \_\_\_\_\_\_ |   |
|   |                            |              | \_\_\_ |              |   |
+---+----------------------------+--------------+--------+--------------+---+
|   | > Domestic construction    | \_           | \_     | \_           |   |
|   | > material                 | \_\_\_\_\_\_ | \_\_\_ | \_\_\_\_\_\_ |   |
|   |                            |              | \_\_\_ |              |   |
+---+----------------------------+--------------+--------+--------------+---+
|   | >                          |              |        |              |   |
+---+----------------------------+--------------+--------+--------------+---+
|   | > *Item 2:*                | \_           | \_     | \_           |   |
|   |                            | \_\_\_\_\_\_ | \_\_\_ | \_\_\_\_\_\_ |   |
|   |                            |              | \_\_\_ |              |   |
+---+----------------------------+--------------+--------+--------------+---+
|   | > Foreign construction     | \_           | \_     | \_           |   |
|   | > material                 | \_\_\_\_\_\_ | \_\_\_ | \_\_\_\_\_\_ |   |
|   |                            |              | \_\_\_ |              |   |
+---+----------------------------+--------------+--------+--------------+---+
|   | > Domestic construction    |              |        |              |   |
|   | > material                 |              |        |              |   |
+---+----------------------------+--------------+--------+--------------+---+
| \ |                            |              |        |              |   |
| [ |                            |              |        |              |   |
| * |                            |              |        |              |   |
| L |                            |              |        |              |   |
| i |                            |              |        |              |   |
| s |                            |              |        |              |   |
| t |                            |              |        |              |   |
| n |                            |              |        |              |   |
| a |                            |              |        |              |   |
| m |                            |              |        |              |   |
| e |                            |              |        |              |   |
| , |                            |              |        |              |   |
| a |                            |              |        |              |   |
| d |                            |              |        |              |   |
| d |                            |              |        |              |   |
| r |                            |              |        |              |   |
| e |                            |              |        |              |   |
| s |                            |              |        |              |   |
| s |                            |              |        |              |   |
| , |                            |              |        |              |   |
| t |                            |              |        |              |   |
| e |                            |              |        |              |   |
| l |                            |              |        |              |   |
| e |                            |              |        |              |   |
| p |                            |              |        |              |   |
| h |                            |              |        |              |   |
| o |                            |              |        |              |   |
| n |                            |              |        |              |   |
| e |                            |              |        |              |   |
| n |                            |              |        |              |   |
| u |                            |              |        |              |   |
| m |                            |              |        |              |   |
| b |                            |              |        |              |   |
| e |                            |              |        |              |   |
| r |                            |              |        |              |   |
| , |                            |              |        |              |   |
| a |                            |              |        |              |   |
| n |                            |              |        |              |   |
| d |                            |              |        |              |   |
| c |                            |              |        |              |   |
| o |                            |              |        |              |   |
| n |                            |              |        |              |   |
| t |                            |              |        |              |   |
| a |                            |              |        |              |   |
| c |                            |              |        |              |   |
| t |                            |              |        |              |   |
| f |                            |              |        |              |   |
| o |                            |              |        |              |   |
| r |                            |              |        |              |   |
| s |                            |              |        |              |   |
| u |                            |              |        |              |   |
| p |                            |              |        |              |   |
| p |                            |              |        |              |   |
| l |                            |              |        |              |   |
| i |                            |              |        |              |   |
| e |                            |              |        |              |   |
| r |                            |              |        |              |   |
| s |                            |              |        |              |   |
| s |                            |              |        |              |   |
| u |                            |              |        |              |   |
| r |                            |              |        |              |   |
| v |                            |              |        |              |   |
| e |                            |              |        |              |   |
| y |                            |              |        |              |   |
| e |                            |              |        |              |   |
| d |                            |              |        |              |   |
| . |                            |              |        |              |   |
| A |                            |              |        |              |   |
| t |                            |              |        |              |   |
| t |                            |              |        |              |   |
| a |                            |              |        |              |   |
| c |                            |              |        |              |   |
| h |                            |              |        |              |   |
| c |                            |              |        |              |   |
| o |                            |              |        |              |   |
| p |                            |              |        |              |   |
| y |                            |              |        |              |   |
| o |                            |              |        |              |   |
| f |                            |              |        |              |   |
| r |                            |              |        |              |   |
| e |                            |              |        |              |   |
| s |                            |              |        |              |   |
| p |                            |              |        |              |   |
| o |                            |              |        |              |   |
| n |                            |              |        |              |   |
| s |                            |              |        |              |   |
| e |                            |              |        |              |   |
| ; |                            |              |        |              |   |
| i |                            |              |        |              |   |
| f |                            |              |        |              |   |
| o |                            |              |        |              |   |
| r |                            |              |        |              |   |
| a |                            |              |        |              |   |
| l |                            |              |        |              |   |
| , |                            |              |        |              |   |
| a |                            |              |        |              |   |
| t |                            |              |        |              |   |
| t |                            |              |        |              |   |
| a |                            |              |        |              |   |
| c |                            |              |        |              |   |
| h |                            |              |        |              |   |
| s |                            |              |        |              |   |
| u |                            |              |        |              |   |
| m |                            |              |        |              |   |
| m |                            |              |        |              |   |
| a |                            |              |        |              |   |
| r |                            |              |        |              |   |
| y |                            |              |        |              |   |
| . |                            |              |        |              |   |
| * |                            |              |        |              |   |
| \ |                            |              |        |              |   |
| ] |                            |              |        |              |   |
|   |                            |              |        |              |   |
| \ |                            |              |        |              |   |
| [ |                            |              |        |              |   |
| * |                            |              |        |              |   |
| I |                            |              |        |              |   |
| n |                            |              |        |              |   |
| c |                            |              |        |              |   |
| l |                            |              |        |              |   |
| u |                            |              |        |              |   |
| d |                            |              |        |              |   |
| e |                            |              |        |              |   |
| o |                            |              |        |              |   |
| t |                            |              |        |              |   |
| h |                            |              |        |              |   |
| e |                            |              |        |              |   |
| r |                            |              |        |              |   |
| a |                            |              |        |              |   |
| p |                            |              |        |              |   |
| p |                            |              |        |              |   |
| l |                            |              |        |              |   |
| i |                            |              |        |              |   |
| c |                            |              |        |              |   |
| a |                            |              |        |              |   |
| b |                            |              |        |              |   |
| l |                            |              |        |              |   |
| e |                            |              |        |              |   |
| s |                            |              |        |              |   |
| u |                            |              |        |              |   |
| p |                            |              |        |              |   |
| p |                            |              |        |              |   |
| o |                            |              |        |              |   |
| r |                            |              |        |              |   |
| t |                            |              |        |              |   |
| i |                            |              |        |              |   |
| n |                            |              |        |              |   |
| g |                            |              |        |              |   |
| i |                            |              |        |              |   |
| n |                            |              |        |              |   |
| f |                            |              |        |              |   |
| o |                            |              |        |              |   |
| r |                            |              |        |              |   |
| m |                            |              |        |              |   |
| a |                            |              |        |              |   |
| t |                            |              |        |              |   |
| i |                            |              |        |              |   |
| o |                            |              |        |              |   |
| n |                            |              |        |              |   |
| . |                            |              |        |              |   |
| * |                            |              |        |              |   |
| \ |                            |              |        |              |   |
| ] |                            |              |        |              |   |
|   |                            |              |        |              |   |
| \ |                            |              |        |              |   |
| [ |                            |              |        |              |   |
| * |                            |              |        |              |   |
| \ |                            |              |        |              |   |
| * |                            |              |        |              |   |
| I |                            |              |        |              |   |
| n |                            |              |        |              |   |
| c |                            |              |        |              |   |
| l |                            |              |        |              |   |
| u |                            |              |        |              |   |
| d |                            |              |        |              |   |
| e |                            |              |        |              |   |
| a |                            |              |        |              |   |
| l |                            |              |        |              |   |
| l |                            |              |        |              |   |
| d |                            |              |        |              |   |
| e |                            |              |        |              |   |
| l |                            |              |        |              |   |
| i |                            |              |        |              |   |
| v |                            |              |        |              |   |
| e |                            |              |        |              |   |
| r |                            |              |        |              |   |
| y |                            |              |        |              |   |
| c |                            |              |        |              |   |
| o |                            |              |        |              |   |
| s |                            |              |        |              |   |
| t |                            |              |        |              |   |
| s |                            |              |        |              |   |
| t |                            |              |        |              |   |
| o |                            |              |        |              |   |
| t |                            |              |        |              |   |
| h |                            |              |        |              |   |
| e |                            |              |        |              |   |
| c |                            |              |        |              |   |
| o |                            |              |        |              |   |
| n |                            |              |        |              |   |
| s |                            |              |        |              |   |
| t |                            |              |        |              |   |
| r |                            |              |        |              |   |
| u |                            |              |        |              |   |
| c |                            |              |        |              |   |
| t |                            |              |        |              |   |
| i |                            |              |        |              |   |
| o |                            |              |        |              |   |
| n |                            |              |        |              |   |
| s |                            |              |        |              |   |
| i |                            |              |        |              |   |
| t |                            |              |        |              |   |
| e |                            |              |        |              |   |
| a |                            |              |        |              |   |
| n |                            |              |        |              |   |
| d |                            |              |        |              |   |
| a |                            |              |        |              |   |
| n |                            |              |        |              |   |
| y |                            |              |        |              |   |
| a |                            |              |        |              |   |
| p |                            |              |        |              |   |
| p |                            |              |        |              |   |
| l |                            |              |        |              |   |
| i |                            |              |        |              |   |
| c |                            |              |        |              |   |
| a |                            |              |        |              |   |
| b |                            |              |        |              |   |
| l |                            |              |        |              |   |
| e |                            |              |        |              |   |
| d |                            |              |        |              |   |
| u |                            |              |        |              |   |
| t |                            |              |        |              |   |
| y |                            |              |        |              |   |
| ( |                            |              |        |              |   |
| w |                            |              |        |              |   |
| h |                            |              |        |              |   |
| e |                            |              |        |              |   |
| t |                            |              |        |              |   |
| h |                            |              |        |              |   |
| e |                            |              |        |              |   |
| r |                            |              |        |              |   |
| o |                            |              |        |              |   |
| r |                            |              |        |              |   |
| n |                            |              |        |              |   |
| o |                            |              |        |              |   |
| t |                            |              |        |              |   |
| a |                            |              |        |              |   |
| d |                            |              |        |              |   |
| u |                            |              |        |              |   |
| t |                            |              |        |              |   |
| y |                            |              |        |              |   |
| - |                            |              |        |              |   |
| f |                            |              |        |              |   |
| r |                            |              |        |              |   |
| e |                            |              |        |              |   |
| e |                            |              |        |              |   |
| e |                            |              |        |              |   |
| n |                            |              |        |              |   |
| t |                            |              |        |              |   |
| r |                            |              |        |              |   |
| y |                            |              |        |              |   |
| c |                            |              |        |              |   |
| e |                            |              |        |              |   |
| r |                            |              |        |              |   |
| t |                            |              |        |              |   |
| i |                            |              |        |              |   |
| f |                            |              |        |              |   |
| i |                            |              |        |              |   |
| c |                            |              |        |              |   |
| a |                            |              |        |              |   |
| t |                            |              |        |              |   |
| e |                            |              |        |              |   |
| i |                            |              |        |              |   |
| s |                            |              |        |              |   |
| i |                            |              |        |              |   |
| s |                            |              |        |              |   |
| s |                            |              |        |              |   |
| u |                            |              |        |              |   |
| e |                            |              |        |              |   |
| d |                            |              |        |              |   |
| ) |                            |              |        |              |   |
| . |                            |              |        |              |   |
| * |                            |              |        |              |   |
| \ |                            |              |        |              |   |
| ] |                            |              |        |              |   |
+---+----------------------------+--------------+--------+--------------+---+

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000)

(Applicable if award exceeds \$25,000.)

\(a\) The Contractor shall submit one of the following payment
protections: Corporate surety, certified or cashier\'s check, bank
draft, postal money order, currency, or irrevocable letter of credit.

> \(b\) The amount of the payment protection shall be 100 percent of the
> contract price.

\(c\) The submission of the payment protection is required within 10
days of contract award.

\(d\) The payment protection shall provide protection for the full
contract performance period plus a one-year period.

\(e\) Except for escrow agreements and payment bonds, which provide
their own protection procedures, the Contracting Officer is authorized
to access funds under the payment protection when it has been alleged in
writing by a supplier of labor or material that a nonpayment has
occurred, and to withhold such funds pending resolution by
administrative or judicial proceedings or mutual agreement of the
parties.

\(f\) When a tripartite escrow agreement is used, the Contractor shall
utilize only suppliers of labor and material that signed the escrow
agreement.

52.232-5 PAYMENTS UNDER FIXED - PRICE CONSTRUCTION (SEP 2002)

CONTRACTS

\(a\) *Payment of price*. The Government shall pay the Contractor the
contract price as provided in this contract.

\(b\) *Progress payments*. The Government shall make progress payments
monthly as the work proceeds, or at more frequent intervals as
determined by the Contracting Officer, on estimates of work accomplished
which meets the standards of quality established under the contract, as
approved by the Contracting Officer.

\(1\) The Contractor's request for progress payments shall include the
following substantiation:

\(i\) An itemization of the amounts requested, related to the various
elements of work required by the contract covered by the payment
requested.

\(ii\) A listing of the amount included for work performed by each
subcontractor under the contract.

\(iii\) A listing of the total amount of each subcontract under the
contract.

\(iv\) A listing of the amounts previously paid to each such
subcontractor under the contract.

\(v\) Additional supporting data in a form and detail required by the
Contracting Officer.

\(2\) In the preparation of estimates, the Contracting Officer may
authorize material delivered on the site and preparatory work done to be
taken into consideration. Material delivered to the Contractor at
locations other than the site also may be taken into consideration if---

\(i\) Consideration is specifically authorized by this contract; and

\(ii\) The Contractor furnishes satisfactory evidence that it has
acquired title to such material and that the material will be used to
perform this contract.

\(c\) *Contractor certification*. Along with each request for progress
payments, the Contractor shall furnish the following certification, or
payment shall not be made: (However, if the Contractor elects to delete
paragraph (c)(4) from the certification, the certification is still
acceptable.)

I hereby certify, to the best of my knowledge and belief, that---

\(1\) The amounts requested are only for performance in accordance with
the specifications, terms, and conditions of the contract;

\(2\) All payments due to subcontractors and suppliers from previous
payments received under the contract have been made, and timely payments
will be made from the proceeds of the payment covered by this
certification, in accordance with subcontract agreements and the
requirements of Chapter 39 of Title 31, United States Code;

\(3\) This request for progress payments does not include any amounts
which the prime contractor intends to withhold or retain from a
subcontractor or supplier in accordance with the terms and conditions of
the subcontract; and

\(4\) This certification is not to be construed as final acceptance of a
subcontractor's performance.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
(*Name*)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
(*Title*)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
(*Date*)

\(d\) *Refund of unearned amounts*. If the Contractor, after making a
certified request for progress payments, discovers that a portion or all
of such request constitutes a payment for performance by the Contractor
that fails to conform to the specifications, terms, and conditions of
this contract (hereinafter referred to as the "unearned amount"), the
Contractor shall---

\(1\) Notify the Contracting Officer of such performance deficiency; and

\(2\) Be obligated to pay the Government an amount (computed by the
Contracting Officer in the manner provided in paragraph (j) of this
clause) equal to interest on the unearned amount from the 8th day after
the date of receipt of the unearned amount until---

\(i\) The date the Contractor notifies the Contracting Officer that the
performance deficiency has been corrected; or

\(ii\) The date the Contractor reduces the amount of any subsequent
certified request for progress payments by an amount equal to the
unearned amount.

\(e\) *Retainage*. If the Contracting Officer finds that satisfactory
progress was achieved during any period for which a progress payment is
to be made, the Contracting Officer shall authorize payment to be made
in full. However, if satisfactory progress has not been made, the
Contracting Officer may retain a maximum of 10 percent of the amount of
the payment until satisfactory progress is achieved. When the work is
substantially complete, the Contracting Officer may retain from
previously withheld funds and future progress payments that amount the
Contracting Officer considers adequate for protection of the Government
and shall release to the Contractor all the remaining withheld funds.
Also, on completion and acceptance of each separate building, public
work, or other division of the contract, for which the price is stated
separately in the contract, payment shall be made for the completed work
without retention of a percentage.

\(f\) *Title, liability, and reservation of rights*. All material and
work covered by progress payments made shall, at the time of payment,
become the sole property of the Government, but this shall not be
construed as---

\(1\) Relieving the Contractor from the sole responsibility for all
material and work upon which payments have been made or the restoration
of any damaged work; or

\(2\) Waiving the right of the Government to require the fulfillment of
all of the terms of the contract.

\(g\) *Reimbursement for bond premiums*. In making these progress
payments, the Government shall, upon request, reimburse the Contractor
for the amount of premiums paid for performance and payment bonds
(including coinsurance and reinsurance agreements, when applicable)
after the Contractor has furnished evidence of full payment to the
surety. The retainage provisions in paragraph (e) of this clause shall
not apply to that portion of progress payments attributable to bond
premiums.

\(h\) *Final payment*. The Government shall pay the amount due the
Contractor under this contract after---

\(1\) Completion and acceptance of all work;

\(2\) Presentation of a properly executed voucher; and

\(3\) Presentation of release of all claims against the Government
arising by virtue of this contract, other than claims, in stated
amounts, that the Contractor has specifically excepted from the
operation of the release. A release may also be required of the assignee
if the Contractor's claim to amounts payable under this contract has
been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727
and 41 U.S.C. 15).

\(i\) *Limitation because of undefinitized work*. Notwithstanding any
provision of this contract, progress payments shall not exceed
80 percent on work accomplished on undefinitized contract actions. A
"contract action" is any action resulting in a contract, as defined in
FAR Subpart 2.1, including contract modifications for additional
supplies or services, but not including contract modifications that are
within the scope and under the terms of the contract, such as contract
modifications issued pursuant to the Changes clause, or funding and
other administrative changes.

\(j\) *Interest computation on unearned amounts*. In accordance with
31 U.S.C. 3903(c)(1), the amount payable under paragraph (d)(2) of this
clause shall be---

\(1\) Computed at the rate of average bond equivalent rates of 91-day
Treasury bills auctioned at the most recent auction of such bills prior
to the date the Contractor receives the unearned amount; and

\(2\) Deducted from the next available payment to the Contractor.

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (SEPT 2005)

Notwithstanding any other payment terms in this contract, the Government
will make invoice payments under the terms and conditions specified in
this clause. The Government considers payment as being made on the day a
check is dated or the date of an electronic funds transfer. Definitions
of pertinent terms are set forth in sections 2.101, 32.001, and 32.902
of the Federal Acquisition Regulation. All days referred to in this
clause are calendar days, unless otherwise specified. (However, see
paragraph (a)(3) concerning payments due on Saturdays, Sundays, and
legal holidays.)

\(a\) Invoice payments---

\(1\) *Types of invoice payments*. For purposes of this clause, there
are several types of invoice payments that may occur under this
contract, as follows:

\(i\) Progress payments, if provided for elsewhere in this contract,
based on Contracting Officer approval of the estimated amount and value
of work or services performed, including payments for reaching
milestones in any project.

\(A\) The due date for making such payments is 14 days after the
designated billing office receives a proper payment request. If the
designated billing office fails to annotate the payment request with the
actual date of receipt at the time of receipt, the payment due date is
the 14th day after the date of the Contractor's payment request,
provided the designated billing office receives a proper payment request
and there is no disagreement over quantity, quality, or Contractor
compliance with contract requirements.

\(B\) The due date for payment of any amounts retained by the
Contracting Officer in accordance with the clause at 52.232-5, Payments
Under Fixed-Price Construction Contracts, is as specified in the
contract or, if not specified, 30 days after approval by the Contracting
Officer for release to the Contractor.

\(ii\) Final payments based on completion and acceptance of all work and
presentation of release of all claims against the Government arising by
virtue of the contract, and payments for partial deliveries that have
been accepted by the Government (*e.g., *each separate building, public
work, or other division of the contract for which the price is stated
separately in the contract).

\(A\) The due date for making such payments is the later of the
following two events:

\(1\) The 30th day after the designated billing office receives a proper
invoice from the Contractor.

\(2\) The 30th day after Government acceptance of the work or services
completed by the Contractor. For a final invoice when the payment amount
is subject to contract settlement actions (*e.g., *release of claims),
acceptance is deemed to occur on the effective date of the contract
settlement.

\(B\) If the designated billing office fails to annotate the invoice
with the date of actual receipt at the time of receipt, the invoice
payment due date is the 30th day after the date of the Contractor's
invoice, provided the designated billing office receives a proper
invoice and there is no disagreement over quantity, quality, or
Contractor compliance with contract requirements.

\(2\) *Contractor\'s invoice*. The Contractor shall prepare and submit
invoices to the designated billing office specified in the contract. A
proper invoice must include the items listed in paragraphs (a)(2)(i)
through (a)(2)(xi) of this clause. If the invoice does not comply with
these requirements, the designated billing office must return it within
7 days after receipt, with the reasons why it is not a proper invoice.
When computing any interest penalty owed the Contractor, the Government
will take into account if the Government notifies the Contractor of an
improper invoice in an untimely manner.

\(i\) Name and address of the Contractor.

\(ii\) Invoice date and invoice number. (The Contractor should date
invoices as close as possible to the date of mailing or transmission.)

\(iii\) Contract number or other authorization for work or services
performed (including order number and contract line item number).

\(iv\) Description of work or services performed.

\(v\) Delivery and payment terms (*e.g., *discount for prompt payment
terms).

\(vi\) Name and address of Contractor official to whom payment is to be
sent (must be the same as that in the contract or in a proper notice of
assignment).

\(vii\) Name (where practicable), title, phone number, and mailing
address of person to notify in the event of a defective invoice.

\(viii\) For payments described in paragraph (a)(1)(i) of this clause,
substantiation of the amounts requested and certification in accordance
with the requirements of the clause at 52.232-5, Payments Under
Fixed-Price Construction Contracts.

\(ix\) Taxpayer Identification Number (TIN). The Contractor shall
include its TIN on the invoice only if required elsewhere in this
contract.

\(x\) Electronic funds transfer (EFT) banking information.

\(A\) The Contractor shall include EFT banking information on the
invoice only if required elsewhere in this contract.

\(B\) If EFT banking information is not required to be on the invoice,
in order for the invoice to be a proper invoice, the Contractor shall
have submitted correct EFT banking information in accordance with the
applicable solicitation provision (*e.g., *52.232-38, Submission of
Electronic Funds Transfer Information with Offer), contract clause
(*e.g., *52.232-33, Payment by Electronic Funds Transfer---Central
Contractor Registration, or 52.232-34, Payment by Electronic Funds
Transfer---Other Than Central Contractor Registration), or applicable
agency procedures.

\(C\) EFT banking information is not required if the Government waived
the requirement to pay by EFT.

\(xi\) Any other information or documentation required by the contract.

\(3\) *Interest penalty*. The designated payment office will pay an
interest penalty automatically, without request from the Contractor, if
payment is not made by the due date and the conditions listed in
paragraphs (a)(3)(i) through (a)(3)(iii) of this clause are met, if
applicable. However, when the due date falls on a Saturday, Sunday, or
legal holiday, the designated payment office may make payment on the
following working day without incurring a late payment interest penalty.

\(i\) The designated billing office received a proper invoice.

\(ii\) The Government processed a receiving report or other Government
documentation authorizing payment and there was no disagreement over
quantity, quality, Contractor compliance with any contract term or
condition, or requested progress payment amount.

\(iii\) In the case of a final invoice for any balance of funds due the
Contractor for work or services performed, the amount was not subject to
further contract settlement actions between the Government and the
Contractor.

\(4\) *Computing penalty amount*. The Government will compute the
interest penalty in accordance with the Office of Management and Budget
prompt payment regulations at 5 CFR Part 1315.

\(i\) For the sole purpose of computing an interest penalty that might
be due the Contractor for payments described in paragraph (a)(1)(ii) of
this clause, Government acceptance or approval is deemed to occur
constructively on the 7th day after the Contractor has completed the
work or services in accordance with the terms and conditions of the
contract. If actual acceptance or approval occurs within the
constructive acceptance or approval period, the Government will base the
determination of an interest penalty on the actual date of acceptance or
approval. Constructive acceptance or constructive approval requirements
do not apply if there is a disagreement over quantity, quality, or
Contractor compliance with a contract provision. These requirements also
do not compel Government officials to accept work or services, approve
Contractor estimates, perform contract administration functions, or make
payment prior to fulfilling their responsibilities.

\(ii\) The prompt payment regulations at 5 CFR 1315.10(c) do not require
the Government to pay interest penalties if payment delays are due to
disagreement between the Government and the Contractor over the payment
amount or other issues involving contract compliance, or on amounts
temporarily withheld or retained in accordance with the terms of the
contract. The Government and the Contractor shall resolve claims
involving disputes, and any interest that may be payable in accordance
with the clause at FAR 52.233-1, Disputes.

\(5\) *Discounts for prompt payment*. The designated payment office will
pay an interest penalty automatically, without request from the
Contractor, if the Government takes a discount for prompt payment
improperly. The Government will calculate the interest penalty in
accordance with the prompt payment regulations at 5 CFR Part 1315.

\(6\) Additional interest penalty.

\(i\) The designated payment office will pay a penalty amount,
calculated in accordance with the prompt payment regulations at 5 CFR
Part 1315 in addition to the interest penalty amount only if---

\(A\) The Government owes an interest penalty of \$1 or more;

\(B\) The designated payment office does not pay the interest penalty
within 10 days after the date the invoice amount is paid; and

\(C\) The Contractor makes a written demand to the designated payment
office for additional penalty payment, in accordance with
paragraph (a)(6)(ii) of this clause, postmarked not later than 40 days
after the date the invoice amount is paid.

(ii)(A) The Contractor shall support written demands for additional
penalty payments with the following data. The Government will not
request any additional data. The Contractor shall---

\(1\) Specifically assert that late payment interest is due under a
specific invoice, and request payment of all overdue late payment
interest penalty and such additional penalty as may be required;

\(2\) Attach a copy of the invoice on which the unpaid late payment
interest was due; and

\(3\) State that payment of the principal has been received, including
the date of receipt.

\(B\) If there is no postmark or the postmark is illegible---

\(1\) The designated payment office that receives the demand will
annotate it with the date of receipt provided the demand is received on
or before the 40th day after payment was made; or

\(2\) If the designated payment office fails to make the required
annotation, the Government will determine the demand's validity based on
the date the Contractor has placed on the demand, provided such date is
no later than the 40th day after payment was made.

\(b\) *Contract financing payments*. If this contract provides for
contract financing, the Government will make contract financing payments
in accordance with the applicable contract financing clause.

\(c\) *Subcontract clause requirements*. The Contractor shall include in
each subcontract for property or services (including a material
supplier) for the purpose of performing this contract the following:

\(1\) *Prompt payment for subcontractors*. A payment clause that
obligates the Contractor to pay the subcontractor for satisfactory
performance under its subcontract not later than 7 days from receipt of
payment out of such amounts as are paid to the Contractor under this
contract.

\(2\) *Interest for subcontractors*. An interest penalty clause that
obligates the Contractor to pay to the subcontractor an interest penalty
for each payment not made in accordance with the payment clause---

\(i\) For the period beginning on the day after the required payment
date and ending on the date on which payment of the amount due is made;
and

\(ii\) Computed at the rate of interest established by the Secretary of
the Treasury, and published in the *Federal Register*, for interest
payments under section 12 of the Contract Disputes Act of 1978
(41 U.S.C. 611) in effect at the time the Contractor accrues the
obligation to pay an interest penalty.

\(3\) *Subcontractor clause flowdown*. A clause requiring each
subcontractor to---

\(i\) Include a payment clause and an interest penalty clause conforming
to the standards set forth in paragraphs (c)(1) and (c)(2) of this
clause in each of its subcontracts; and

\(ii\) Require each of its subcontractors to include such clauses in
their subcontracts with each lower-tier subcontractor or supplier.

\(d\) *Subcontract clause interpretation*. The clauses required by
paragraph (c) of this clause shall not be construed to impair the right
of the Contractor or a subcontractor at any tier to negotiate, and to
include in their subcontract, provisions that---

\(1\) *Retainage permitted*. Permit the Contractor or a subcontractor to
retain (without cause) a specified percentage of each progress payment
otherwise due to a subcontractor for satisfactory performance under the
subcontract without incurring any obligation to pay a late payment
interest penalty, in accordance with terms and conditions agreed to by
the parties to the subcontract, giving such recognition as the parties
deem appropriate to the ability of a subcontractor to furnish a
performance bond and a payment bond;

\(2\) *Withholding permitted*. Permit the Contractor or subcontractor to
make a determination that part or all of the subcontractor's request for
payment may be withheld in accordance with the subcontract agreement;
and

\(3\) *Withholding requirements*. Permit such withholding without
incurring any obligation to pay a late payment penalty if---

\(i\) A notice conforming to the standards of paragraph (g) of this
clause previously has been furnished to the subcontractor; and

\(ii\) The Contractor furnishes to the Contracting Officer a copy of any
notice issued by a Contractor pursuant to paragraph (d)(3)(i) of this
clause.

\(e\) *Subcontractor withholding procedures*. If a Contractor, after
making a request for payment to the Government but before making a
payment to a subcontractor for the subcontractor's performance covered
by the payment request, discovers that all or a portion of the payment
otherwise due such subcontractor is subject to withholding from the
subcontractor in accordance with the subcontract agreement, then the
Contractor shall---

\(1\) *Subcontractor notice*. Furnish to the subcontractor a notice
conforming to the standards of paragraph (g) of this clause as soon as
practicable upon ascertaining the cause giving rise to a withholding,
but prior to the due date for subcontractor payment;

\(2\) *Contracting Officer notice*. Furnish to the Contracting Officer,
as soon as practicable, a copy of the notice furnished to the
subcontractor pursuant to paragraph (e)(1) of this clause;

\(3\) *Subcontractor progress payment reduction*. Reduce the
subcontractor's progress payment by an amount not to exceed the amount
specified in the notice of withholding furnished under paragraph (e)(1)
of this clause;

\(4\) *Subsequent subcontractor payment*. Pay the subcontractor as soon
as practicable after the correction of the identified subcontract
performance deficiency, and---

\(i\) Make such payment within---

\(A\) Seven days after correction of the identified subcontract
performance deficiency (unless the funds therefor must be recovered from
the Government because of a reduction under paragraph (e)(5)(i)) of this
clause; or

\(B\) Seven days after the Contractor recovers such funds from the
Government; or

\(ii\) Incur an obligation to pay a late payment interest penalty
computed at the rate of interest established by the Secretary of the
Treasury, and published in the *Federal Register*, for interest payments
under section 12 of the Contracts Disputes Act of 1978 (41 U.S.C. 611)
in effect at the time the Contractor accrues the obligation to pay an
interest penalty;

\(5\) *Notice to Contracting Officer*. Notify the Contracting Officer
upon---

\(i\) Reduction of the amount of any subsequent certified application
for payment; or

\(ii\) Payment to the subcontractor of any withheld amounts of a
progress payment, specifying---

\(A\) The amounts withheld under paragraph (e)(1) of this clause; and

\(B\) The dates that such withholding began and ended; and

\(6\) *Interest to Government*. Be obligated to pay to the Government an
amount equal to interest on the withheld payments (computed in the
manner provided in 31 U.S.C. 3903(c)(1)), from the 8th day after receipt
of the withheld amounts from the Government until---

\(i\) The day the identified subcontractor performance deficiency is
corrected; or

\(ii\) The date that any subsequent payment is reduced under
paragraph (e)(5)(i) of this clause.

\(f\) Third-party deficiency reports---

\(1\) *Withholding from subcontractor*. If a Contractor, after making
payment to a first-tier subcontractor, receives from a supplier or
subcontractor of the first-tier subcontractor (hereafter referred to as
a \"second-tier subcontractor\") a written notice in accordance with the
Miller Act (40 U.S.C. 3133), asserting a deficiency in such first-tier
subcontractor's performance under the contract for which the Contractor
may be ultimately liable, and the Contractor determines that all or a
portion of future payments otherwise due such first-tier subcontractor
is subject to withholding in accordance with the subcontract agreement,
the Contractor may, without incurring an obligation to pay an interest
penalty under paragraph (e)(6) of this clause---

\(i\) Furnish to the first-tier subcontractor a notice conforming to the
standards of paragraph (g) of this clause as soon as practicable upon
making such determination; and

\(ii\) Withhold from the first-tier subcontractor's next available
progress payment or payments an amount not to exceed the amount
specified in the notice of withholding furnished under
paragraph (f)(1)(i) of this clause.

\(2\) *Subsequent payment or interest charge*. As soon as practicable,
but not later than 7 days after receipt of satisfactory written
notification that the identified subcontract performance deficiency has
been corrected, the Contractor shall---

\(i\) Pay the amount withheld under paragraph (f)(1)(ii) of this clause
to such first-tier subcontractor; or

\(ii\) Incur an obligation to pay a late payment interest penalty to
such first-tier subcontractor computed at the rate of interest
established by the Secretary of the Treasury, and published in the
*Federal Register*, for interest payments under section 12 of the
Contracts Disputes Act of 1978 (41 U.S.C. 611) in effect at the time the
Contractor accrues the obligation to pay an interest penalty.

\(g\) *Written notice of subcontractor withholding*. The Contractor
shall issue a written notice of any withholding to a subcontractor (with
a copy furnished to the Contracting Officer), specifying---

\(1\) The amount to be withheld;

\(2\) The specific causes for the withholding under the terms of the
subcontract; and

\(3\) The remedial actions to be taken by the subcontractor in order to
receive payment of the amounts withheld.

\(h\) *Subcontractor payment entitlement*. The Contractor may not
request payment from the Government of any amount withheld or retained
in accordance with paragraph (d) of this clause until such time as the
Contractor has determined and certified to the Contracting Officer that
the subcontractor is entitled to the payment of such amount.

\(i\) *Prime-subcontractor disputes*. A dispute between the Contractor
and subcontractor relating to the amount or entitlement of a
subcontractor to a payment or a late payment interest penalty under a
clause included in the subcontract pursuant to paragraph (c) of this
clause does not constitute a dispute to which the Government is a party.
The Government may not be interpleaded in any judicial or administrative
proceeding involving such a dispute.

\(j\) *Preservation of prime-subcontractor rights*. Except as provided
in paragraph (i) of this clause, this clause shall not limit or impair
any contractual, administrative, or judicial remedies otherwise
available to the Contractor or a subcontractor in the event of a dispute
involving late payment or nonpayment by the Contractor or deficient
subcontract performance or nonperformance by a subcontractor.

\(k\) *Non-recourse for prime contractor interest penalty*. The
Contractor's obligation to pay an interest penalty to a subcontractor
pursuant to the clauses included in a subcontract under paragraph (c) of
this clause shall not be construed to be an obligation of the Government
for such interest penalty. A cost-reimbursement claim may not include
any amount for reimbursement of such interest penalty.

\(l\) *Overpayments*. If the Contractor becomes aware of a duplicate
contract financing or invoice payment or that the Government has
otherwise overpaid on a contract financing or invoice payment, the
Contractor shall immediately notify the Contracting Officer and request
instructions for disposition of the overpayment.

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

> Contractor Registration

\(a\) Method of payment.

\(1\) All payments by the Government under this contract shall be made
by electronic funds transfer (EFT), except as provided in
paragraph (a)(2) of this clause. As used in this clause, the term "EFT"
refers to the funds transfer and may also include the payment
information transfer.

\(2\) In the event the Government is unable to release one or more
payments by EFT, the Contractor agrees to either---

\(i\) Accept payment by check or some other mutually agreeable method of
payment; or

\(ii\) Request the Government to extend the payment due date until such
time as the Government can make payment by EFT (but see paragraph (d) of
this clause).

\(b\) *Contractor\'s EFT information*. The Government shall make payment
to the Contractor using the EFT information contained in the Central
Contractor Registration (CCR) database. In the event that the EFT
information changes, the Contractor shall be responsible for providing
the updated information to the CCR database.

\(c\) *Mechanisms for EFT payment*. The Government may make payment by
EFT through either the Automated Clearing House (ACH) network, subject
to the rules of the National Automated Clearing House Association, or
the Fedwire Transfer System. The rules governing Federal payments
through the ACH are contained in 31 CFR Part 210.

\(d\) *Suspension of payment*. If the Contractor's EFT information in
the CCR database is incorrect, then the Government need not make payment
to the Contractor under this contract until correct EFT information is
entered into the CCR database; and any invoice or contract financing
request shall be deemed not to be a proper invoice for the purpose of
prompt payment under this contract. The prompt payment terms of the
contract regarding notice of an improper invoice and delays in accrual
of interest penalties apply.

\(e\) Liability for uncompleted or erroneous transfers.

\(1\) If an uncompleted or erroneous transfer occurs because the
Government used the Contractor's EFT information incorrectly, the
Government remains responsible for---

\(i\) Making a correct payment;

\(ii\) Paying any prompt payment penalty due; and

\(iii\) Recovering any erroneously directed funds.

\(2\) If an uncompleted or erroneous transfer occurs because the
Contractor's EFT information was incorrect, or was revised within
30 days of Government release of the EFT payment transaction instruction
to the Federal Reserve System, and---

\(i\) If the funds are no longer under the control of the payment
office, the Government is deemed to have made payment and the Contractor
is responsible for recovery of any erroneously directed funds; or

\(ii\) If the funds remain under the control of the payment office, the
Government shall not make payment, and the provisions of paragraph (d)
of this clause shall apply.

\(f\) *EFT and prompt paymen*t. A payment shall be deemed to have been
made in a timely manner in accordance with the prompt payment terms of
this contract if, in the EFT payment transaction instruction released to
the Federal Reserve System, the date specified for settlement of the
payment is on or before the prompt payment due date, provided the
specified payment date is a valid date under the rules of the Federal
Reserve System.

\(g\) *EFT and assignment of claims*. If the Contractor assigns the
proceeds of this contract as provided for in the assignment of claims
terms of this contract, the Contractor shall require as a condition of
any such assignment, that the assignee shall register separately in the
CCR database and shall be paid by EFT in accordance with the terms of
this clause. Notwithstanding any other requirement of this contract,
payment to an ultimate recipient other than the Contractor, or a
financial institution properly recognized under an assignment of claims
pursuant to Subpart 32.8, is not permitted. In all respects, the
requirements of this clause shall apply to the assignee as if it were
the Contractor. EFT information that shows the ultimate recipient of the
transfer to be other than the Contractor, in the absence of a proper
assignment of claims acceptable to the Government, is incorrect EFT
information within the meaning of paragraph (d) of this clause.

\(h\) *Liability for change of EFT information by financial agent*. The
Government is not liable for errors resulting from changes to EFT
information made by the Contractor's financial agent.

\(i\) *Payment information*. The payment or disbursing office shall
forward to the Contractor available payment information that is suitable
for transmission as of the date of release of the EFT instruction to the
Federal Reserve System. The Government may request the Contractor to
designate a desired format and method(s) for delivery of payment
information from a list of formats and methods the payment office is
capable of executing. However, the Government does not guarantee that
any particular format or method of delivery is available at any
particular payment office and retains the latitude to use the format and
delivery method most convenient to the Government. If the Government
makes payment by check in accordance with paragraph (a) of this clause,
the Government shall mail the payment information to the remittance
address contained in the CCR database.

52.233-1 DISPUTES \-- ALTERNATE I (DEC 1991) (JUL 2002)

\(a\) This contract is subject to the Contract Disputes Act of 1978, as
amended (41 U.S.C. 601-613).

\(b\) Except as provided in the Act, all disputes arising under or
relating to this contract shall be resolved under this clause.

\(c\) "Claim," as used in this clause, means a written demand or written
assertion by one of the contracting parties seeking, as a matter of
right, the payment of money in a sum certain, the adjustment or
interpretation of contract terms, or other relief arising under or
relating to this contract. However, a written demand or written
assertion by the Contractor seeking the payment of money exceeding
\$100,000 is not a claim under the Act until certified. A voucher,
invoice, or other routine request for payment that is not in dispute
when submitted is not a claim under the Act. The submission may be
converted to a claim under the Act, by complying with the submission and
certification requirements of this clause, if it is disputed either as
to liability or amount or is not acted upon in a reasonable time.

(d)(1) A claim by the Contractor shall be made in writing and, unless
otherwise stated in this contract, submitted within 6 years after
accrual of the claim to the Contracting Officer for a written decision.
A claim by the Government against the Contractor shall be subject to a
written decision by the Contracting Officer.

(2)(i) The Contractor shall provide the certification specified in
paragraph (d)(2)(iii) of this clause when submitting any claim exceeding
\$100,000.

\(ii\) The certification requirement does not apply to issues in
controversy that have not been submitted as all or part of a claim.

\(iii\) The certification shall state as follows: "I certify that the
claim is made in good faith; that the supporting data are accurate and
complete to the best of my knowledge and belief; that the amount
requested accurately reflects the contract adjustment for which the
Contractor believes the Government is liable; and that I am duly
authorized to certify the claim on behalf of the Contractor."

\(3\) The certification may be executed by any person duly authorized to
bind the Contractor with respect to the claim.

\(e\) For Contractor claims of \$100,000 or less, the Contracting
Officer must, if requested in writing by the Contractor, render a
decision within 60 days of the request. For Contractor-certified claims
over \$100,000, the Contracting Officer must, within 60 days, decide the
claim or notify the Contractor of the date by which the decision will be
made.

\(f\) The Contracting Officer's decision shall be final unless the
Contractor appeals or files a suit as provided in the Act.

\(g\) If the claim by the Contractor is submitted to the Contracting
Officer or a claim by the Government is presented to the Contractor, the
parties, by mutual consent, may agree to use alternative dispute
resolution (ADR). If the Contractor refuses an offer for ADR, the
Contractor shall inform the Contracting Officer, in writing, of the
Contractor's specific reasons for rejecting the offer.

\(h\) The Government shall pay interest on the amount found due and
unpaid from (1) the date that the Contracting Officer receives the claim
(certified, if required); or (2) the date that payment otherwise would
be due, if that date is later, until the date of payment. With regard to
claims having defective certifications, as defined in FAR 33.201,
interest shall be paid from the date that the Contracting Officer
initially receives the claim. Simple interest on claims shall be paid at
the rate, fixed by the Secretary of the Treasury as provided in the Act,
which is applicable to the period during which the Contracting Officer
receives the claim and then at the rate applicable for each 6-month
period as fixed by the Treasury Secretary during the pendency of the
claim.

\(i\) The Contractor shall proceed diligently with performance of this
contract, pending final resolution of any request for relief, claim,
appeal, or action arising under or relating to the contract, and comply
with any decision of the Contracting Officer.

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

\(a\) The Contractor shall promptly, and before the conditions are
disturbed, give a written notice to the Contracting Officer of---

\(1\) Subsurface or latent physical conditions at the site which differ
materially from those indicated in this contract; or

\(2\) Unknown physical conditions at the site, of an unusual nature,
which differ materially from those ordinarily encountered and generally
recognized as inhering in work of the character provided for in the
contract.

\(b\) The Contracting Officer shall investigate the site conditions
promptly after receiving the notice. If the conditions do materially so
differ and cause an increase or decrease in the Contractor's cost of, or
the time required for, performing any part of the work under this
contract, whether or not changed as a result of the conditions, an
equitable adjustment shall be made under this clause and the contract
modified in writing accordingly.

\(c\) No request by the Contractor for an equitable adjustment to the
contract under this clause shall be allowed, unless the Contractor has
given the written notice required; *provided*, that the time prescribed
in paragraph (a) of this clause for giving written notice may be
extended by the Contracting Officer.

\(d\) No request by the Contractor for an equitable adjustment to the
contract for differing site conditions shall be allowed if made after
final payment under this contract.

52.236-3 SITE INVESTIGATION AND CONDITIONS (APR 1984)

AFFECTING THE WORK

\(a\) The Contractor acknowledges that it has taken steps reasonably
necessary to ascertain the nature and location of the work, and that it
has investigated and satisfied itself as to the general and local
conditions which can affect the work or its cost, including but not
limited to (1) conditions bearing upon transportation, disposal,
handling, and storage of materials; (2) the availability of labor,
water, electric power, and roads; (3) uncertainties of weather, river
stages, tides, or similar physical conditions at the site; (4) the
conformation and conditions of the ground; and (5) the character of
equipment and facilities needed preliminary to and during work
performance. The Contractor also acknowledges that it has satisfied
itself as to the character, quality, and quantity of surface and
subsurface materials or obstacles to be encountered insofar as this
information is reasonably ascertainable from an inspection of the site,
including all exploratory work done by the Government, as well as from
the drawings and specifications made a part of this contract. Any
failure of the Contractor to take the actions described and acknowledged
in this paragraph will not relieve the Contractor from responsibility
for estimating properly the difficulty and cost of successfully
performing the work, or for proceeding to successfully perform the work
without additional expense to the Government.

\(b\) The Government assumes no responsibility for any conclusions or
interpretations made by the Contractor based on the information made
available by the Government. Nor does the Government assume
responsibility for any understanding reached or representation made
concerning conditions which can affect the work by any of its officers
or agents before the execution of this contract, unless that
understanding or representation is expressly stated in this contract.

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

\(a\) All equipment, material, and articles incorporated into the work
covered by this contract shall be new and of the most suitable grade for
the purpose intended, unless otherwise specifically provided in this
contract. References in the specifications to equipment, material,
articles, or patented processes by trade name, make, or catalog number,
shall be regarded as establishing a standard of quality and shall not be
construed as limiting competition. The Contractor may, at its option,
use any equipment, material, article, or process that, in the judgment
of the Contracting Officer, is equal to that named in the
specifications, unless otherwise specifically provided in this contract.

\(b\) The Contractor shall obtain the Contracting Officer's approval of
the machinery and mechanical and other equipment to be incorporated into
the work. When requesting approval, the Contractor shall furnish to the
Contracting Officer the name of the manufacturer, the model number, and
other information concerning the performance, capacity, nature, and
rating of the machinery and mechanical and other equipment. When
required by this contract or by the Contracting Officer, the Contractor
shall also obtain the Contracting Officer's approval of the material or
articles which the Contractor contemplates incorporating into the work.
When requesting approval, the Contractor shall provide full information
concerning the material or articles. When directed to do so, the
Contractor shall submit samples for approval at the Contractor's
expense, with all shipping charges prepaid. Machinery, equipment,
material, and articles that do not have the required approval shall be
installed or used at the risk of subsequent rejection.

\(c\) All work under this contract shall be performed in a skillful and
workmanlike manner. The Contracting Officer may require, in writing,
that the Contractor remove from the work any employee the Contracting
Officer deems incompetent, careless, or otherwise objectionable.

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

At all times during performance of this contract and until the work is
completed and accepted, the Contractor shall directly superintend the
work or assign and have on the worksite a competent superintendent who
is satisfactory to the Contracting Officer and has authority to act for
the Contractor.

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

The Contractor shall, without additional expense to the Government, be
responsible for obtaining any necessary licenses and permits, and for
complying with any Federal, State, and municipal laws, codes, and
regulations applicable to the performance of the work. The Contractor
shall also be responsible for all damages to persons or property that
occur as a result of the Contractor's fault or negligence. The
Contractor shall also be responsible for all materials delivered and
work performed until completion and acceptance of the entire work,
except for any completed unit of work which may have been accepted under
the contract.

52.236-13 ACCIDENT PREVENTION (NOV 1991)

\(a\) The Contractor shall provide and maintain work environments and
procedures which will---

\(1\) Safeguard the public and Government personnel, property,
materials, supplies, and equipment exposed to Contractor operations and
activities;

\(2\) Avoid interruptions of Government operations and delays in project
completion dates; and

\(3\) Control costs in the performance of this contract.

\(b\) For these purposes on contracts for construction or dismantling,
demolition, or removal of improvements, the Contractor shall---

\(1\) Provide appropriate safety barricades, signs, and signal lights;

\(2\) Comply with the standards issued by the Secretary of Labor at
29 CFR Part 1926 and 29 CFR Part 1910; and

\(3\) Ensure that any additional measures the Contracting Officer
determines to be reasonably necessary for the purposes are taken.

\(c\) NOT APPLICABLE.

\(d\) Whenever the Contracting Officer becomes aware of any
noncompliance with these requirements or any condition which poses a
serious or imminent danger to the health or safety of the public or
Government personnel, the Contracting Officer shall notify the
Contractor orally, with written confirmation, and request immediate
initiation of corrective action. This notice, when delivered to the
Contractor or the Contractor's representative at the work site, shall be
deemed sufficient notice of the noncompliance and that corrective action
is required. After receiving the notice, the Contractor shall
immediately take corrective action. If the Contractor fails or refuses
to promptly take corrective action, the Contracting Officer may issue an
order stopping all or part of the work until satisfactory corrective
action has been taken. The Contractor shall not be entitled to any
equitable adjustment of the contract price or extension of the
performance schedule on any stop work order issued under this clause.

\(e\) The Contractor shall insert this clause, including this
paragraph (e), with appropriate changes in the designation of the
parties, in subcontracts.

52.236-21 Specifications AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

\(a\) The Contractor shall keep on the work site a copy of the drawings
and specifications and shall at all times give the Contracting Officer
access thereto. Anything mentioned in the specifications and not shown
on the drawings, or shown on the drawings and not mentioned in the
specifications, shall be of like effect as if shown or mentioned in
both. In case of difference between drawings and specifications, the
specifications shall govern. In case of discrepancy in the figures, in
the drawings, or in the specifications, the matter shall be promptly
submitted to the Contracting Officer, who shall promptly make a
determination in writing. Any adjustment by the Contractor without such
a determination shall be at its own risk and expense. The Contracting
Officer shall furnish from time to time such detailed drawings and other
information as considered necessary, unless otherwise provided.

\(b\) Wherever in the specifications or upon the drawings the words
"directed," "required," "ordered," "designated," "prescribed," or words
of like import are used, it shall be understood that the "direction,"
"requirement," "order," "designation," or "prescription," of the
Contracting Officer is intended and similarly the words "approved,"
"acceptable," "satisfactory," or words of like import shall mean
"approved by," or "acceptable to," or "satisfactory to" the Contracting
Officer, unless otherwise expressly stated.

\(c\) Where "as shown," "as indicated," "as detailed," or words of
similar import are used, it shall be understood that the reference is
made to the drawings accompanying this contract unless stated otherwise.
The word "provided" as used herein shall be understood to mean "provide
complete in place," that is "furnished and installed."

\(d\) Shop drawings means drawings, submitted to the Government by the
Contractor, subcontractor, or any lower tier subcontractor pursuant to a
construction contract, showing in detail (1) the proposed fabrication
and assembly of structural elements, and (2) the installation
(*i.e., *fit, and attachment details) of materials or equipment. It
includes drawings, diagrams, layouts, schematics, descriptive
literature, illustrations, schedules, performance and test data, and
similar materials furnished by the contractor to explain in detail
specific portions of the work required by the contract. The Government
may duplicate, use, and disclose in any manner and for any purpose shop
drawings delivered under this contract.

\(e\) If this contract requires shop drawings, the Contractor shall
coordinate all such drawings, and review them for accuracy,
completeness, and compliance with contract requirements and shall
indicate its approval thereon as evidence of such coordination and
review. Shop drawings submitted to the Contracting Officer without
evidence of the Contractor's approval may be returned for resubmission.
The Contracting Officer will indicate an approval or disapproval of the
shop drawings and if not approved as submitted shall indicate the
Government's reasons therefor. Any work done before such approval shall
be at the Contractor's risk. Approval by the Contracting Officer shall
not relieve the Contractor from responsibility for any errors or
omissions in such drawings, nor from responsibility for complying with
the requirements of this contract, except with respect to variations
described and approved in accordance with (f) of this clause.

\(f\) If shop drawings show variations from the contract requirements,
the Contractor shall describe such variations in writing, separate from
the drawings, at the time of submission. If the Contracting Officer
approves any such variation, the Contracting Officer shall issue an
appropriate contract modification, except that, if the variation is
minor or does not involve a change in price or in time of performance, a
modification need not be issued.

\(g\) The Contractor shall submit to the Contracting Officer for
approval four copies (unless otherwise indicated) of all shop drawings
as called for under the various headings of these specifications. Three
sets (unless otherwise indicated) of all shop drawings, will be retained
by the Contracting Officer and one set will be returned to the
Contractor.

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

If the Contracting Officer decides to conduct a preconstruction
conference, the successful offeror will be notified and will be required
to attend. The Contracting Officer's notification will include specific
details regarding the date, time, and location of the conference, any
need for attendance by subcontractors, and information regarding the
items to be discussed.

52.242-14 SUSPENSION OF WORK (APR 1984)

\(a\) The Contracting Officer may order the Contractor, in writing, to
suspend, delay, or interrupt all or any part of the work of this
contract for the period of time that the Contracting Officer determines
appropriate for the convenience of the Government.

\(b\) If the performance of all or any part of the work is, for an
unreasonable period of time, suspended, delayed, or interrupted (1) by
an act of the Contracting Officer in the administration of this
contract, or (2) by the Contracting Officer's failure to act within the
time specified in this contract (or within a reasonable time if not
specified), an adjustment shall be made for any increase in the cost of
performance of this contract (excluding profit) necessarily caused by
the unreasonable suspension, delay, or interruption, and the contract
modified in writing accordingly. However, no adjustment shall be made
under this clause for any suspension, delay, or interruption to the
extent that performance would have been so suspended, delayed, or
interrupted by any other cause, including the fault or negligence of the
Contractor, or for which an equitable adjustment is provided for or
excluded under any other term or condition of this contract.

\(c\) A claim under this clause shall not be allowed---

\(1\) For any costs incurred more than 20 days before the Contractor
shall have notified the Contracting Officer in writing of the act or
failure to act involved (but this requirement shall not apply as to a
claim resulting from a suspension order); and

\(2\) Unless the claim, in an amount stated, is asserted in writing as
soon as practicable after the termination of the suspension, delay, or
interruption, but not later than the date of final payment under the
contract.

52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)

\(a\) The Contracting Officer may, in writing, order changes in the
drawings and specifications within the general scope of the contract.

\(b\) The Contractor shall promptly notify the Contracting Officer, in
writing, of subsurface or latent physical conditions differing
materially from those indicated in this contract or unknown unusual
physical conditions at the site before proceeding with the work.

\(c\) If changes under paragraph (a) or conditions under paragraph (b)
increase or decrease the cost of, or time required for performing the
work, the Contracting Officer shall make an equitable adjustment (see
paragraph (d)) upon submittal of a "proposal for adjustment" (hereafter
referred to as proposal) by the Contractor before final payment under
the contract.

\(d\) The Contracting Officer shall not make an equitable adjustment
under paragraph (b) unless---

\(1\) The Contractor has submitted and the Contracting Officer has
received the required written notice; or

\(2\) The Contracting Officer waives the requirement for the written
notice.

\(e\) Failure to agree to any adjustment shall be a dispute under the
Disputes clause.

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

\(a\) *Definition.* "Work" includes, but is not limited to, materials,
workmanship, and manufacture and fabrication of components.

\(b\) The Contractor shall maintain an adequate inspection system and
perform such inspections as will ensure that the work performed under
the contract conforms to contract requirements. The Contractor shall
maintain complete inspection records and make them available to the
Government. All work shall be conducted under the general direction of
the Contracting Officer and is subject to Government inspection and test
at all places and at all reasonable times before acceptance to ensure
strict compliance with the terms of the contract.

\(c\) Government inspections and tests are for the sole benefit of the
Government and do not---

\(1\) Relieve the Contractor of responsibility for providing adequate
quality control measures;

\(2\) Relieve the Contractor of responsibility for damage to or loss of
the material before acceptance;

\(3\) Constitute or imply acceptance; or

\(4\) Affect the continuing rights of the Government after acceptance of
the completed work under paragraph (i) of this section.

\(d\) The presence or absence of a Government inspector does not relieve
the Contractor from any contract requirement, nor is the inspector
authorized to change any term or condition of the specification without
the Contracting Officer's written authorization.

\(e\) The Contractor shall promptly furnish, at no increase in contract
price, all facilities, labor, and material reasonably needed for
performing such safe and convenient inspections and tests as may be
required by the Contracting Officer. The Government may charge to the
Contractor any additional cost of inspection or test when work is not
ready at the time specified by the Contractor for inspection or test, or
when prior rejection makes reinspection or retest necessary. The
Government shall perform all inspections and tests in a manner that will
not unnecessarily delay the work. Special, full size, and performance
tests shall be performed as described in the contract.

\(f\) The Contractor shall, without charge, replace or correct work
found by the Government not to conform to contract requirements, unless
in the public interest the Government consents to accept the work with
an appropriate adjustment in contract price. The Contractor shall
promptly segregate and remove rejected material from the premises.

\(g\) If the Contractor does not promptly replace or correct rejected
work, the Government may---

\(1\) By contract or otherwise, replace or correct the work and charge
the cost to the Contractor; or

\(2\) Terminate for default the Contractor's right to proceed.

\(h\) If, before acceptance of the entire work, the Government decides
to examine already completed work by removing it or tearing it out, the
Contractor, on request, shall promptly furnish all necessary facilities,
labor, and material. If the work is found to be defective or
nonconforming in any material respect due to the fault of the Contractor
or its subcontractors, the Contractor shall defray the expenses of the
examination and of satisfactory reconstruction. However, if the work is
found to meet contract requirements, the Contracting Officer shall make
an equitable adjustment for the additional services involved in the
examination and reconstruction, including, if completion of the work was
thereby delayed, an extension of time.

\(i\) Unless otherwise specified in the contract, the Government shall
accept, as promptly as practicable after completion and inspection, all
work required by the contract or that portion of the work the
Contracting Officer determines can be accepted separately. Acceptance
shall be final and conclusive except for latent defects, fraud, gross
mistakes amounting to fraud, or the Government's rights under any
warranty or guarantee.

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

\(a\) In addition to any other warranties in this contract, the
Contractor warrants, except as provided in paragraph (i) of this clause,
that work performed under this contract conforms to the contract
requirements and is free of any defect in equipment, material, or design
furnished, or workmanship performed by the Contractor or any
subcontractor or supplier at any tier.

\(b\) This warranty shall continue for a period of 1 year from the date
of final acceptance of the work. If the Government takes possession of
any part of the work before final acceptance, this warranty shall
continue for a period of 1 year from the date the Government takes
possession.

\(c\) The Contractor shall remedy at the Contractor's expense any
failure to conform, or any defect. In addition, the Contractor shall
remedy at the Contractor's expense any damage to Government-owned or
controlled real or personal property, when that damage is the result
of---

\(1\) The Contractor's failure to conform to contract requirements; or

\(2\) Any defect of equipment, material, workmanship, or design
furnished.

\(d\) The Contractor shall restore any work damaged in fulfilling the
terms and conditions of this clause. The Contractor's warranty with
respect to work repaired or replaced will run for 1 year from the date
of repair or replacement.

\(e\) The Contracting Officer shall notify the Contractor, in writing,
within a reasonable time after the discovery of any failure, defect, or
damage.

\(f\) If the Contractor fails to remedy any failure, defect, or damage
within a reasonable time after receipt of notice, the Government shall
have the right to replace, repair, or otherwise remedy the failure,
defect, or damage at the Contractor's expense.

\(g\) With respect to all warranties, express or implied, from
subcontractors, manufacturers, or suppliers for work performed and
materials furnished under this contract, the Contractor shall---

\(1\) Obtain all warranties that would be given in normal commercial
practice;

\(2\) Require all warranties to be executed, in writing, for the benefit
of the Government, if directed by the Contracting Officer; and

\(3\) Enforce all warranties for the benefit of the Government, if
directed by the Contracting Officer.

\(h\) In the event the Contractor's warranty under paragraph (b) of this
clause has expired, the Government may bring suit at its expense to
enforce a subcontractor's, manufacturer's, or supplier's warranty.

\(i\) Unless a defect is caused by the negligence of the Contractor or
subcontractor or supplier at any tier, the Contractor shall not be
liable for the repair of any defects of material or design furnished by
the Government nor for the repair of any damage that results from any
defect in Government-furnished material or design.

\(j\) This warranty shall not limit the Government's rights under the
Inspection and Acceptance clause of this contract with respect to latent
defects, gross mistakes, or fraud.

52.249-1 TERMINATION FOR CONVENIENCE OF THE (APR 1984)

GOVERNMENT (FIXED-PRICE) (SHORT FORM)

The Contracting Officer, by written notice, may terminate this contract,
in whole or in part, when it is in the Government's interest. If this
contract is terminated, the rights, duties, and obligations of the
parties, including compensation to the Contractor, shall be in
accordance with Part 49 of the Federal Acquisition Regulation in effect
on the date of this contract.

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

\(a\) If the Contractor refuses or fails to prosecute the work or any
separable part, with the diligence that will insure its completion
within the time specified in this contract including any extension, or
fails to complete the work within this time, the Government may, by
written notice to the Contractor, terminate the right to proceed with
the work (or the separable part of the work) that has been delayed. In
this event, the Government may take over the work and complete it by
contract or otherwise, and may take possession of and use any materials,
appliances, and plant on the work site necessary for completing the
work. The Contractor and its sureties shall be liable for any damage to
the Government resulting from the Contractor's refusal or failure to
complete the work within the specified time, whether or not the
Contractor's right to proceed with the work is terminated. This
liability includes any increased costs incurred by the Government in
completing the work.

\(b\) The Contractor's right to proceed shall not be terminated nor the
Contractor charged with damages under this clause, if---

\(1\) The delay in completing the work arises from unforeseeable causes
beyond the control and without the fault or negligence of the
Contractor. Examples of such causes include---

\(i\) Acts of God or of the public enemy,

\(ii\) Acts of the Government in either its sovereign or contractual
capacity,

\(iii\) Acts of another Contractor in the performance of a contract with
the Government,

\(iv\) Fires,

\(v\) Floods,

\(vi\) Epidemics,

\(vii\) Quarantine restrictions,

\(viii\) Strikes,

\(ix\) Freight embargoes,

\(x\) Unusually severe weather, or

\(xi\) Delays of subcontractors or suppliers at any tier arising from
unforeseeable causes beyond the control and without the fault or
negligence of both the Contractor and the subcontractors or suppliers;
and

\(2\) The Contractor, within 10 days from the beginning of any delay
(unless extended by the Contracting Officer), notifies the Contracting
Officer in writing of the causes of delay. The Contracting Officer shall
ascertain the facts and the extent of delay. If, in the judgment of the
Contracting Officer, the findings of fact warrant such action, the time
for completing the work shall be extended. The findings of the
Contracting Officer shall be final and conclusive on the parties, but
subject to appeal under the Disputes clause.

\(c\) If, after termination of the Contractor's right to proceed, it is
determined that the Contractor was not in default, or that the delay was
excusable, the rights and obligations of the parties will be the same as
if the termination had been issued for the convenience of the
Government.

\(d\) The rights and remedies of the Government in this clause are in
addition to any other rights and remedies provided by law or under this
contract.

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://www.arnet.gov/far>, <http://www.doi.gov/pam/aindex.html>.

PART V - LABOR STANDARDS AND WAGE DECISIONS:

**\* Asterisked clauses are included in full text.**

52.222-3 Convict Labor (JUN 2003)

52.222-6\* Davis-Bacon Act (JUL 2005)

52.222-7\* Withholding of Funds (FEB 1988)

52.222-8\* Payrolls and Basic Records (FEB 1988)

52.222-9\* Apprentices and Trainees (JUL 2005)

52.222-10\* Compliance With Copeland Act Requirements (FEB 1988)

52.222-11\* Subcontractors (Labor Standards) (JUL 2005)

52.222-12\* Contract Termination-Debarment (FEB 1988)

52.222-13\* Compliance with Davis-Bacon and Related Acts Regs. (FEB
1988)

52.222-14\* Disputes Concerning Labor Standards (FEB 1988)

52.222-15\* Certification of Eligibility (FEB 1988)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

(Applicable if contract exceeds \$10,000)

52.222-23\* Notice of Requirement for Affirmative Action to Ensure (FEB
1999)

Equal Employment Opportunity for Construction

52.222-26 Equal Opportunity (MAR 2007)

(Applicable if contract exceeds \$10,000)

52.222-27 Affirmative Action Compliance Requirements for

> Construction (FEB 1999)

52.222-35 Equal Opportunity for Special Disabled Veterans,

Veterans of the Vietnam Era, and Other Eligible

Veterans (SEPT 2006)

(Applicable if contract exceeds \$25,000)

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

(Applicable if contract exceeds \$2,500)

52.222-37 Employment Reports on Special Disabled Veterans,

Veterans of the Vietnam Era, and Other Eligible

Veterans (SEPT 2006)

(Applicable if contract exceeds \$25,000)

V.1\* Davis-Bacon Wage Rates Applicable to Truck Drivers

PART V - LABOR STANDARDS AND WAGE DECISIONS

52.222-6 DAVIS-BACON ACT (JUL 2005)

\(a\) Definition.---"Site of the work"---

\(1\) Means---

\(i\) *The primary site of the work*. The physical place or places where
the construction called for in the contract will remain when work on it
is completed; and

\(ii\) *The secondary site of the work, if any*. Any other site where a
significant portion of the building or work is constructed, provided
that such site is---

\(A\) Located in the United States; and

\(B\) Established specifically for the performance of the contract or
project;

\(2\) Except as provided in paragraph (3) of this definition, includes
any fabrication plants, mobile factories, batch plants, borrow pits, job
headquarters, tool yards, etc., provided---

\(i\) They are dedicated exclusively, or nearly so, to performance of
the contract or project; and

\(ii\) They are adjacent or virtually adjacent to the "primary site of
the work" as defined in paragraph (a)(1)(i), or the "secondary site of
the work" as defined in paragraph (a)(1)(ii) of this definition;

\(3\) Does not include permanent home offices, branch plant
establishments, fabrication plants, or tool yards of a Contractor or
subcontractor whose locations and continuance in operation are
determined wholly without regard to a particular Federal contract or
project. In addition, fabrication plants, batch plants, borrow pits, job
headquarters, yards, etc., of a commercial or material supplier which
are established by a supplier of materials for the project before
opening of bids and not on the Project site, are not included in the
"site of the work." Such permanent, previously established facilities
are not a part of the "site of the work" even if the operations for a
period of time may be dedicated exclusively or nearly so, to the
performance of a contract.

(b)(1) All laborers and mechanics employed or working upon the site of
the work will be paid unconditionally and not less often than once a
week, and without subsequent deduction or rebate on any account (except
such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR part 3)), the full
amount of wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less than those
contained in the wage determination of the Secretary of Labor which is
attached hereto and made a part hereof, or as may be incorporated for a
secondary site of the work, regardless of any contractual relationship
which may be alleged to exist between the Contractor and such laborers
and mechanics. Any wage determination incorporated for a secondary site
of the work shall be effective from the first day on which work under
the contract was performed at that site and shall be incorporated
without any adjustment in contract price or estimated cost. Laborers
employed by the construction Contractor or construction subcontractor
that are transporting portions of the building or work between the
secondary site of the work and the primary site of the work shall be
paid in accordance with the wage determination applicable to the primary
site of the work.

\(2\) Contributions made or costs reasonably anticipated for bona fide
fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf
of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of paragraph (e) of this clause;
also, regular contributions made or costs incurred for more than a
weekly period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are deemed to be
constructively made or incurred during such period.

\(3\) Such laborers and mechanics shall be paid not less than the
appropriate wage rate and fringe benefits in the wage determination for
the classification of work actually performed, without regard to skill,
except as provided in the clause entitled Apprentices and Trainees.
Laborers or mechanics performing work in more than one classification
may be compensated at the rate specified for each classification for the
time actually worked therein; provided that the employer's payroll
records accurately set forth the time spent in each classification in
which work is performed.

\(4\) The wage determination (including any additional classifications
and wage rates conformed under paragraph (c) of this clause) and the
Davis-Bacon poster (WH-1321) shall be posted at all times by the
Contractor and its subcontractors at the primary site of the work and
the secondary site of the work, if any, in a prominent and accessible
place where it can be easily seen by the workers.

(c)(1) The Contracting Officer shall require that any class of laborers
or mechanics which is not listed in the wage determination and which is
to be employed under the contract shall be classified in conformance
with the wage determination. The Contracting Officer shall approve an
additional classification and wage rate and fringe benefits therefor
only when all the following criteria have been met:

\(i\) The work to be performed by the classification requested is not
performed by a classification in the wage determination.

\(ii\) The classification is utilized in the area by the construction
industry.

\(iii\) The proposed wage rate, including any bona fide fringe benefits,
bears a reasonable relationship to the wage rates contained in the wage
determination.

\(2\) If the Contractor and the laborers and mechanics to be employed in
the classification (if known), or their representatives, and the
Contracting Officer agree on the classification and wage rate (including
the amount designated for fringe benefits, where appropriate), a report
of the action taken shall be sent by the Contracting Officer to the
Administrator of the:

Wage and Hour Division\
Employment Standards Administration\
U.S. Department of Labor\
Washington, DC 20210

The Administrator or an authorized representative will approve, modify,
or disapprove every additional classification action within 30 days of
receipt and so advise the Contracting Officer or will notify the
Contracting Officer within the 30-day period that additional time is
necessary.

\(3\) In the event the Contractor, the laborers or mechanics to be
employed in the classification, or their representatives, and the
Contracting Officer do not agree on the proposed classification and wage
rate (including the amount designated for fringe benefits, where
appropriate), the Contracting Officer shall refer the questions,
including the views of all interested parties and the recommendation of
the Contracting Officer, to the Administrator of the Wage and Hour
Division for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and
so advise the Contracting Officer or will notify the Contracting Officer
within the 30-day period that additional time is necessary.

\(4\) The wage rate (including fringe benefits, where appropriate)
determined pursuant to paragraphs (c)(2) and (c)(3) of this clause shall
be paid to all workers performing work in the classification under this
contract from the first day on which work is performed in the
classification.

\(d\) Whenever the minimum wage rate prescribed in the contract for a
class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly rate, the Contractor shall either pay the benefit
as stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly cash equivalent thereof.

\(e\) If the Contractor does not make payments to a trustee or other
third person, the Contractor may consider as part of the wages of any
laborer or mechanic the amount of any costs reasonably anticipated in
providing bona fide fringe benefits under a plan or program; provided,
That the Secretary of Labor has found, upon the written request of the
Contractor, that the applicable standards of the Davis-Bacon Act have
been met. The Secretary of Labor may require the Contractor to set aside
in a separate account assets for the meeting of obligations under the
plan or program.

52.222-7 WITHHOLDING OF FUNDS (FEB 1988)

The Contracting Officer shall, upon his or her own action or upon
written request of an authorized representative of the Department of
Labor, withhold or cause to be withheld from the Contractor under this
contract or any other Federal contract with the same Prime Contractor,
or any other federally assisted contract subject to Davis-Bacon
prevailing wage requirements, which is held by the same Prime
Contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers, employed by the Contractor or any
subcontractor the full amount of wages required by the contract. In the
event of failure to pay any laborer or mechanic, including any
apprentice, trainee, or helper, employed or working on the site of the
work, all or part of the wages required by the contract, the Contracting
Officer may, after written notice to the Contractor, take such action as
may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased.

52.222-8 PAYROLLS AND BASIC RECORDS (FEB 1988)

\(a\) Payrolls and basic records relating thereto shall be maintained by
the Contractor during the course of the work and preserved for a period
of 3 years thereafter for all laborers and mechanics working at the site
of the work. Such records shall contain the name, address, and social
security number of each such worker, his or her correct classification,
hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof of
the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily
and weekly number of hours worked, deductions made, and actual wages
paid. Whenever the Secretary of Labor has found, under paragraph (d) of
the clause entitled Davis-Bacon Act, that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in
section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain
records which show that the commitment to provide such benefits is
enforceable, that the plan or program is financially responsible, and
that the plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under approved programs
shall maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of the
apprentices and trainees, and the ratios and wage rates prescribed in
the applicable programs.

(b)(1) The Contractor shall submit weekly for each week in which any
contract work is performed a copy of all payrolls to the Contracting
Officer. The payrolls submitted shall set out accurately and completely
all of the information required to be maintained under paragraph (a) of
this clause. This information may be submitted in any form desired.
Optional Form WH-347 (Federal Stock Number 029-005-00014-1) is available
for this purpose and may be purchased from the---

Superintendent of Documents\
U.S. Government Printing Office\
Washington, DC 20402

The Prime Contractor is responsible for the submission of copies of
payrolls by all subcontractors.

\(2\) Each payroll submitted shall be accompanied by a "Statement of
Compliance," signed by the Contractor or subcontractor or his or her
agent who pays or supervises the payment of the persons employed under
the contract and shall certify---

\(i\) That the payroll for the payroll period contains the information
required to be maintained under paragraph (a) of this clause and that
such information is correct and complete;

\(ii\) That each laborer or mechanic (including each helper, apprentice,
and trainee) employed on the contract during the payroll period has been
paid the full weekly wages earned, without rebate, either directly or
indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than permissible deductions
as set forth in the Regulations, 29 CFR Part 3; and

\(iii\) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for the
classification of work performed, as specified in the applicable wage
determination incorporated into the contract.

\(3\) The weekly submission of a properly executed certification set
forth on the reverse side of Optional Form WH-347 shall satisfy the
requirement for submission of the "Statement of Compliance" required by
paragraph (b)(2) of this clause.

\(4\) The falsification of any of the certifications in this clause may
subject the Contractor or subcontractor to civil or criminal prosecution
under Section 1001 of Title 18 and Section 3729 of Title 31 of the
United States Code.

\(c\) The Contractor or subcontractor shall make the records required
under paragraph (a) of this clause available for inspection, copying, or
transcription by the Contracting Officer or authorized representatives
of the Contracting Officer or the Department of Labor. The Contractor or
subcontractor shall permit the Contracting Officer or representatives of
the Contracting Officer or the Department of Labor to interview
employees during working hours on the job. If the Contractor or
subcontractor fails to submit required records or to make them
available, the Contracting Officer may, after written notice to the
Contractor, take such action as may be necessary to cause the suspension
of any further payment. Furthermore, failure to submit the required
records upon request or to make such records available may be grounds
for debarment action pursuant to 29 CFR 5.12.

52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

\(a\) Apprentices.

\(1\) An apprentice will be permitted to work at less than the
predetermined rate for the work performed when employed---

\(i\) Pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration, Office of Apprenticeship
Training, Employer, and Labor Services (OATELS) or with a State
Apprenticeship Agency recognized by the OATELS; or

\(ii\) In the first 90 days of probationary employment as an apprentice
in such an apprenticeship program, even though not individually
registered in the program, if certified by the OATELS or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.

\(2\) The allowable ratio of apprentices to journeymen on the job site
in any craft classification shall not be greater than the ratio
permitted to the Contractor as to the entire work force under the
registered program.

\(3\) Any worker listed on a payroll at an apprentice wage rate, who is
not registered or otherwise employed as stated in paragraph (a)(1) of
this clause, shall be paid not less than the applicable wage
determination for the classification of work actually performed. In
addition, any apprentice performing work on the job site in excess of
the ratio permitted under the registered program shall be paid not less
than the applicable wage rate on the wage determination for the work
actually performed.

\(4\) Where a Contractor is performing construction on a project in a
locality other than that in which its program is registered, the ratios
and wage rates (expressed in percentages of the journeyman's hourly
rate) specified in the Contractor's or subcontractor's registered
program shall be observed. Every apprentice must be paid at not less
than the rate specified in the registered program for the apprentice's
level of progress, expressed as a percentage of the journeyman hourly
rate specified in the applicable wage determination.

\(5\) Apprentices shall be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the apprenticeship program
does not specify fringe benefits, apprentices must be paid the full
amount of fringe benefits listed on the wage determination for the
applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that
determination.

\(6\) In the event OATELS, or a State Apprenticeship Agency recognized
by OATELS, withdraws approval of an apprenticeship program, the
Contractor will no longer be permitted to utilize apprentices at less
than the applicable predetermined rate for the work performed until an
acceptable program is approved.

\(b\) Trainees.

\(1\) Except as provided in 29 CFR 5.16, trainees will not be permitted
to work at less than the predetermined rate for the work performed
unless they are employed pursuant to and individually registered in a
program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship Training, Employer, and Labor
Services (OATELS). The ratio of trainees to journeymen on the job site
shall not be greater than permitted under the plan approved by OATELS.

\(2\) Every trainee must be paid at not less than the rate specified in
the approved program for the trainee's level of progress, expressed as a
percentage of the journeyman hourly rate specified in the applicable
wage determination. Trainees shall be paid fringe benefits in accordance
with the provisions of the trainee program. If the trainee program does
not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed in the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman wage
rate in the wage determination which provides for less than full fringe
benefits for apprentices. Any employee listed on the payroll at a
trainee rate who is not registered and participating in a training plan
approved by the OATELS shall be paid not less than the applicable wage
rate in the wage determination for the classification of work actually
performed. In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program shall be paid
not less than the applicable wage rate in the wage determination for the
work actually performed.

\(3\) In the event OATELS withdraws approval of a training program, the
Contractor will no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed until an
acceptable program is approved.

\(c\) *Equal employment opportunity.* The utilization of apprentices,
trainees, and journeymen under this clause shall be in conformity with
the equal employment opportunity requirements of Executive Order 11246,
as amended, and 29 CFR Part 30.

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

The Contractor shall comply with the requirements of 29 CFR Part 3,
which are hereby incorporated by reference in this contract.

52.222-11 SUBCONTRACTORS (LABOR STANDARDS) (JUL 2005)

\(a\) *Definition.* "Construction, alteration or repair," as used in
this clause, means all types of work done by laborers and mechanics
employed by the construction Contractor or construction subcontractor on
a particular building or work at the site thereof, including without
limitation---

\(1\) Altering, remodeling, installation (if appropriate) on the site of
the work of items fabricated off-site;

\(2\) Painting and decorating;

\(3\) Manufacturing or furnishing of materials, articles, supplies, or
equipment on the site of the building or work;

\(4\) Transportation of materials and supplies between the site of the
work within the meaning of paragraphs (a)(1)(i) and (ii) of the "site of
the work" as defined in the FAR clause at 52.222-6, Davis-Bacon Act of
this contract, and a facility which is dedicated to the construction of
the building or work and is deemed part of the site of the work within
the meaning of paragraph (2) of the "site of work" definition; and

\(5\) Transportation of portions of the building or work between a
secondary site where a significant portion of the building or work is
constructed, which is part of the "site of the work" definition in
paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, and
the physical place or places where the building or work will remain
(paragraph (a)(1)(i) of the FAR clause at 52.222-6, in the "site of the
work" definition).

\(b\) The Contractor shall insert in any subcontracts for construction,
alterations and repairs within the United States the clauses entitled---

\(1\) Davis-Bacon Act;

\(2\) Contract Work Hours and Safety Standards Act---Overtime
Compensation (if the clause is included in this contract);

\(3\) Apprentices and Trainees;

\(4\) Payrolls and Basic Records;

\(5\) Compliance with Copeland Act Requirements;

\(6\) Withholding of Funds;

\(7\) Subcontracts (Labor Standards);

\(8\) Contract Termination---Debarment;

\(9\) Disputes Concerning Labor Standards;

\(10\) Compliance with Davis-Bacon and Related Act Regulations; and

\(11\) Certification of Eligibility.

\(c\) The prime Contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor performing construction within
the United States with all the contract clauses cited in paragraph (b).

(d)(1) Within 14 days after award of the contract, the Contractor shall
deliver to the Contracting Officer a completed Standard Form (SF) 1413,
Statement and Acknowledgment, for each subcontract for construction
within the United States, including the subcontractor's signed and dated
acknowledgment that the clauses set forth in paragraph (b) of this
clause have been included in the subcontract.

\(2\) Within 14 days after the award of any subsequently awarded
subcontract the Contractor shall deliver to the Contracting Officer an
updated completed SF 1413 for such additional subcontract.

\(e\) The Contractor shall insert the substance of this clause,
including this paragraph (e) in all subcontracts for construction within
the United States.

52.222-12 CONTRACT TERMINATION-DEBARMENT (FEB 1988)

A breach of the contract clauses entitled Davis-Bacon Act, Contract Work
Hours and Safety Standards Act---Overtime Compensation, Apprentices and
Trainees, Payrolls and Basic Records, Compliance with Copeland Act
Requirements, Subcontracts (Labor Standards), Compliance with
Davis-Bacon and Related Act Regulations, or Certification of Eligibility
may be grounds for termination of the contract, and for debarment as a
Contractor and subcontractor as provided in 29 CFR 5.12.

52.222-13 COMPLIANCE WITH DAVIS-BACON AND (FEB 1988)

RELATED ACTS REGULATIONS

All rulings and interpretations of the Davis-Bacon and Related Acts
contained in 29 CFR parts 1, 3, and 5 are hereby incorporated by
reference in this contract.

52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

The United States Department of Labor has set forth in 29 CFR parts 5,
6, and 7 procedures for resolving disputes concerning labor standards
requirements. Such disputes shall be resolved in accordance with those
procedures and not the Disputes clause of this contract. Disputes within
the meaning of this clause include disputes between the Contractor (or
any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the employees or their representatives.

52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988)

\(a\) By entering into this contract, the Contractor certifies that
neither it (nor he or she) nor any person or firm who has an interest in
the Contractor's firm is a person or firm ineligible to be awarded
Government contracts by virtue of section 3(a) of the Davis-Bacon Act or
29 CFR 5.12(a)(1).

\(b\) No part of this contract shall be subcontracted to any person or
firm ineligible for award of a Government contract by virtue of
section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

\(c\) The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001.

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE (FEB 1999)

AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION

(Applicable if quote exceeds \$10,000)

\(a\) The offeror's attention is called to the Equal Opportunity clause
and the Affirmative Action Compliance Requirements for Construction
clause of this solicitation.

\(b\) The goals for minority and female participation, expressed in
percentage terms for the Contractor's aggregate

workforce in each trade on all construction work in the covered area,
are as follows:

  ----------------------------------- -----------------------------------
  Goals for Minority\                 Goals for Female\
  Participation for Each Trade        Participation for Each Trade

  2.4%                                6.9%
  ----------------------------------- -----------------------------------

These goals are applicable to all the Contractor's construction work
performed in the covered area. If the Contractor performs construction
work in a geographical area located outside of the covered area, the
Contractor shall apply the goals established for the geographical area
where the work is actually performed. Goals are published periodically
in the *Federal Register* in notice form, and these notices may be
obtained from any Office of Federal Contract Compliance Programs office.

\(c\) The Contractor's compliance with Executive Order 11246, as
amended, and the regulations in 41 CFR 60-4 shall be based on (1) its
implementation of the Equal Opportunity clause, (2) specific affirmative
action obligations required by the clause entitled "Affirmative Action
Compliance Requirements for Construction," and (3) its efforts to meet
the goals. The hours of minority and female employment and training must
be substantially uniform throughout the length of the contract, and in
each trade. The Contractor shall make a good faith effort to employ
minorities and women evenly on each of its projects. The transfer of
minority or female employees or trainees from Contractor to Contractor,
or from project to project, for the sole purpose of meeting the
Contractor's goals shall be a violation of the contract, Executive
Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance
with the goals will be measured against the total work hours performed.

\(d\) The Contractor shall provide written notification to the Deputy
Assistant Secretary for Federal Contract Compliance, U.S. Department of
Labor, within 10 working days following award of any construction
subcontract in excess of \$10,000 at any tier for construction work
under the contract resulting from this solicitation. The notification
shall list the---

\(1\) Name, address, and telephone number of the subcontractor;

\(2\) Employer's identification number of the subcontractor;

\(3\) Estimated dollar amount of the subcontract;

\(4\) Estimated starting and completion dates of the subcontract; and

\(5\) Geographical area in which the subcontract is to be performed.

\(e\) As used in this Notice, and in any contract resulting from this
solicitation, the "covered area" is Oregon, Josephine County, Medford
District.

V.1 DAVIS-BACON WAGE RATES APPLICABLE TO TRUCK DRIVERS

> 29 CFR 5.2(j) limits coverage of construction contractor or
> subcontractor employees performing as truck drivers under the
> Davis-Bacon Act (FAR 52.222-6) to only their time spent directly upon
> the \"site of the work\" or when hauling between the site of the work
> and a facility which is dedicated to and located in the proximity of
> the actual construction location. Other transportation of materials or
> supplies to or from the site of work by employees of the construction
> contractor or subcontractor is not \"construction\" at the site of
> work and accordingly is not subject to the Davis-Bacon Act.

GENERAL DECISION: **OR20080002** 07/04/2008 OR2

Date: July 4, 2008

General Decision Number: **OR20080002** 07/04/2008

Superseded General Decision Number: OR20070002

State: Oregon

Construction Types: Heavy (Heavy and Dredging) and Highway

Counties: Oregon Statewide.

DREDGING, HEAVY AND HIGHWAY CONSTRUCTION PROJECTS

Modification Number Publication Date

0 02/08/2008

1 02/15/2008

2 03/07/2008

3 04/04/2008

4 04/18/2008

5 04/25/2008

6 06/06/2008

7 06/13/2008

8 06/20/2008

9 07/04/2008

BOIL0500-001 10/01/2007

Rates Fringes

BOILERMAKER\...\...\...\...\...\...\....\$ 31.56 19.01

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

\* BROR0001-006 06/01/2008

BAKER, BENTON (NORTH), CLACKAMAS, CLATSOP, COLUMBIA, GILLIAM,

HARNEY, HOOD RIVER, LINCOLN (NORTH), LINN (NORTH), MALHEUR

(NORTH), MARION, MORROW, MULTNOMAH, POLK, SHERMAN, TILLAMOOK,

UMATILLA, UNION, WALLOWA, WASCO (NORTH), WASHINGTON AND YAMHILL

COUNTIES

Rates Fringes

BRICKLAYER\...\...\...\...\...\...\.....\$ 31.12 13.80

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

\* BROR0001-007 06/01/2008

BENTON (SOUTH), CROOK, DESCHUTES, GRANT, JACKSON, JEFFERSON,

KLAMATH, LAKE, LANE, LINCOLN (SOUTH), LINN (SOUTH), MALHEUR

(SOUTH), WASCO (SOUTH) AND WHEELER COUNTIES

Rates Fringes

BRICKLAYER\...\...\...\...\...\...\.....\$ 29.90 13.45

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

CARP9001-001 06/01/2007

ZONE 1:

Rates Fringes

Carpenters:

CARPENTERS\...\...\...\...\...\...\$ 27.56 13.30

DIVER STANDBY\...\...\...\...\...\$ 34.42 13.30

DIVERS TENDERS\...\...\...\.....\$ 30.28 13.30

DIVERS\...\...\...\...\...\...\....\$ 68.84 13.30

MANIFOLD AND/OR

DECOMPRESSION CHAMBER

OPERATORS\...\...\...\...\...\....\$ 30.28 13.30

MILLWRIGHTS\...\...\...\...\.....\$ 28.04 13.30

PILEDRIVERS\...\...\...\...\.....\$ 28.04 13.30

DEPTH PAY:

50 to 100 feet \$1.00 per foot over 50 feet

101 to 150 feet 1.50 per foot over 101 feet

151 to 200 feet 2.00 per foot over 151 feet

Zone Differential (Add to Zone 1 rates):

Zone 2 - \$0.85

Zone 3 - 1.25

Zone 4 - 1.70

Zone 5 - 2.00

Zone 6 - 3.00

ZONE 1 - All jobs or projects located within 30 miles of the

respective City Hall

ZONE 2 - More than 30 miles and less than 40 miles from the

respective City Hall

ZONE 3 - More than 40 miles and less than 50 miles from the

respective City Hall

ZONE 4 - More than 50 miles and less than 60 miles from the

respective City Hall

ZONE 5 - More than 60 miles and less than 70 miles from the

respective City Hall

ZONE 6 - More than 70 miles from the respective City Hall.

BASEPOINTS CITIES FOR CARPENTERS (EXCLUDING MILLWRIGHTS,

PILEDRIVERS AND DIVERS)

ALBANY ASTORIA BAKER

BEND BROOKINGS BURNS

COOS BAY CORVALLIS EUGENE

GOLDENDALE GRANTS PASS HERMISTON

HOOD RIVER KLAMATH FALLS LAGRANDE

LAKEVIEW LONGVIEW MADRAS

MEDFORD McMINNVILLE NEWPORT

OREGON CITY ONTARIO PENDLETON

PORTLAND PORT ORFORD REEDSPORT

ROSEBURG SALEM ST. HELENS

THE DALLES TILLAMOOK VANCOUVER

BASEPOINTS FOR MILLWRIGHTS

EUGENE NORTH BEND LONGVIEW

PORTLAND MEDFORD THE DALLES

VANCOUVER

BASEPOINTS FOR PILEDRIVERS AND DIVERS

ASTORIA BEND COOS BAY

EUGENE KLAMATH FALLS LONGVIEW

MEDFORD NEWPORT PORTLAND

ROSEBURG SALEM THE DALLES

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

\* ELEC0048-006 01/01/2008

CLACKAMAS, CLATSOP, COLUMBIA, HOOD RIVER, MULTNOMAH, TILLAMOOK,

WASCO, WASHINGTON, SHERMAN AND YAMHILL (NORTH) COUNTIES

Rates Fringes

CABLE SPLICER\...\...\...\...\...\.....\$ 34.40 3%+\$14.85

ELECTRICIAN\...\...\...\...\...\...\....\$ 34.15 3%+\$14.85

HOURLY ZONE PAY:

Hourly Zone Pay shall be paid on jobs located outside of the

free zone computed from the city center of the following

listed cities:

Portland, The Dalles, Hood River, Tillamook, Seaside and

Astoria

Zone Pay:

Zone 1: 31-50 miles \$1.50/hour

Zone 2: 51-70 miles \$3.50/hour

Zone 3: 71-90 miles \$5.50/hour

Zone 4: Beyond 90 miles \$9.00/hour

\*These are not miles driven. Zones are based on Delorrne

Street Atlas USA 2006 plus.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

ELEC0112-001 06/04/2007

BAKER, GILLIAM, GRANT, MORROW, UMATILLA, UNION, WALLOWA, AND

WHEELER COUNTIES

Rates Fringes

CABLE SPLICER\...\...\...\...\...\.....\$ 33.50 3%+13.33

ELECTRICIAN\...\...\...\...\...\...\....\$ 31.90 3%+13.33

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

ELEC0125-001 02/01/2007

Rates Fringes

Line Construction:

CABLE SPLICER\...\...\...\...\...\$ 42.09 3.875%+10.60

GROUNDMAN\...\...\...\...\...\....\$ 26.31 3.875%+8.60

LINE EQUIPMENT MAN\...\...\....\$ 32.32 3.875%+8.70

LINEMAN, POLE SPRAYER,

HEAVY LINE EQUIPMENT MAN\....\$ 37.58 3.875%+10.60

POWDERMAN, JACKHAMMERMAN\....\$ 28.19 3.875%+8.60

TREE TRIMMER\...\...\...\...\....\$ 22.04 3%+8.79

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

ELEC0280-003 01/01/2008

BENTON, CROOK, DESCHUTES, JEFFERSON, LANE (EAST OF A LINE

RUNNING NORTH AND SOUTH FROM THE NORTHEAST CORNER OF COOS

COUNTY TO THE SOUTHEAST CORNER OF LINCOLN COUNTY), LINN,

MARION, POLK AND YAMHILL (SOUTHERN HALF) COUNTIES

Rates Fringes

CABLE SPLICER\...\...\...\...\...\.....\$ 35.81 3%+13.58

ELECTRICIAN\...\...\...\...\...\...\....\$ 32.55 3%+13.58

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

ELEC0291-006 06/01/2007

MALHEUR COUNTY

Rates Fringes

CABLE SPLICER\...\...\...\...\...\.....\$ 29.88 3%+\$9.04

ELECTRICIAN\...\...\...\...\...\...\....\$ 27.16 3%+\$9.04

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

\* ELEC0659-004 01/01/2008

DOUGLAS (EAST OF A LINE RUNNING NORTH AND SOUTH FROM THE NE

CORNER OF COOS COUNTY TO THE SE CORNER OF LINCOLN COUNTY),

HARNEY, JACKSON, JOSEPHINE, KLAMATH AND LAKE COUNTIES

Rates Fringes

CABLE SPLICER\...\...\...\...\...\.....\$ 28.93 3%+\$12.40

ELECTRICIAN\...\...\...\...\...\...\....\$ 28.93 3%+\$12.40

ZONE PAY: BASE POINTS ARE FROM THE DOWNTOWN POST OFFICE IN

GRANTS PASS, KLAMATH FALLS, ROSEBURG AND MEDFORD.

ZONE 1: 0-20 MILES \$0.00 PER HOUR

ZONE 2: 21-30 MILES \$1.00 PER HOUR

ZONE 3: 31-40 MILES \$2.80 PER HOUR

ZONE 4: 41-50 MILES \$4.50 PER HOUR

ZONE 5: 51-60 MILES \$6.30 PER HOUR

ZONE 6: BEYOND 60 MILES \$9.00 PER HOUR

\*THESE ARE NOT MILES DRIVEN. zONES ARE BASED ON DELORNE

STREET ATLAS USA 5.0.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

ELEC0932-004 07/01/2007

COOS, CURRY, LINCOLN, DOUGLAS AND LANE COUNTIES (AREA LYING

WEST OF A LINE NORTH AND SOUTH FROM THE N.E. CORNER OF COOS

COUNTY TO THE S.E. CORNER OF LINCOLN COUNTY)

Rates Fringes

ELECTRICIAN\...\...\...\...\...\...\....\$ 30.35 3%+11.95

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

\* ENGI0701-004 01/01/2008

Rates Fringes

Dredging:

ZONE A

ASSISTANT ENGINEER\...\...\...\$ 35.66 10.05

ASSISTANT MATE\...\...\...\....\$ 31.53 10.05

LEVERMAN, DIPPER,

FLOATING CLAMSHELL\...\...\...\$ 38.12 10.05

LEVERMAN, HYDRAULIC\...\.....\$ 38.12 10.05

TENDERMAN\...\...\...\...\...\...\$ 34.54 10.05

ZONE B

ASSISTANT ENGINEER\...\...\...\$ 37.66 10.05

ASSISTANT MATE\...\...\...\....\$ 33.53 10.05

LEVERMAN, DIPPER FLOATING

CLAMSHELL\...\...\...\...\...\...\$ 40.12 10.05

LEVERMAN, HYDRAULIC\...\.....\$ 40.12 10.05

TENDERMAN\...\...\...\...\...\...\$ 36.54 10.05

ZONE C

ASSISTANT ENGINEER\...\...\...\$ 38.66 10.05

ASSISTANT MATE\...\...\...\....\$ 34.53 10.05

LEVERMAN, DIPPER FLOATING

CLAMSHELL\...\...\...\...\...\...\$ 41.12 10.05

LEVERMAN, HYDRAULIC\...\.....\$ 41.12 10.05

TENDERMAN\...\...\...\...\...\...\$ 37.54 10.05

ZONE DESCRIPTION FOR DREDGING

ZONE A - All jobs or projects located within 30 road miles of

Portland City Hall.

ZONE B - Over 30-50 road miles from Portland City Hall.

ZONE C - Over 50 road miles from Portland City Hall.

\*All jobs or projects shall be computed from the city hall by

the shortest route to the geographical center of the

project.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

ENGI0701-005 01/01/2008

ZONE 1:

POWER EQUIPMENT OPERATORS (See Footnote C)

Rates Fringes

Power equipment operators:

GROUP 1\...\...\...\...\...\...\...\$ 35.06 10.25

GROUP 1A\...\...\...\...\...\.....\$ 36.75 10.25

GROUP 1B\...\...\...\...\...\.....\$ 38.44 10.25

GROUP 2\...\...\...\...\...\...\...\$ 33.55 10.25

GROUP 3\...\...\...\...\...\...\...\$ 32.62 10.25

GROUP 4\...\...\...\...\...\...\...\$ 31.75 10.25

GROUP 5\...\...\...\...\...\...\...\$ 30.72 10.25

GROUP 6\...\...\...\...\...\...\...\$ 27.94 10.25

Zone Differential (add to Zone 1 rates):

Zone 2 - \$2.00

Zone 3 - \$4.00

For the following metropolitan counties: MULTNOMAH;

CLACKAMAS; MARION; WASHINGTON; YAMHILL; AND COLUMBIA;

CLARK; AND COWLITZ COUNTY, WASHINGTON WITH MODIFICATIONS AS

INDICATED:

All jobs or projects located in Multnomah, Clackamas and

Marion Counties, West of the western boundary of Mt. Hood

National Forest and West of Mile Post 30 on Interstate 84

and West of Mile Post 30 on State Highway 26 and West of

Mile Post 30 on Highway 22 and all jobs or projects located

in Yamhill County, Washington County and Columbia County

and all jobs or porjects located in Clark & Cowlitz County,

Washington except that portion of Cowlitz County in the Mt.

St. Helens \"Blast Zone\" shall receive Zone I pay for all

classifications.

All jobs or projects located in the area outside the

identified boundary above, but less than 50 miles from the

Portland City Hall shall receive Zone II pay for all

classifications.

All jobs or projects located more than 50 miles from the

Portland City Hall, but outside the identified border

above, shall receive Zone III pay for all classifications.

For the following cities: ALBANY; BEND; COOS BAY; EUGENE;

GRANTS PASS; KLAMATH FALLS; MEDFORD; ROSEBURG

All jobs or projects located within 30 miles of the

respective city hall of the above mentioned cities shall

receive Zone I pay for all classifications.

All jobs or projects located more than 30 miles and less than

50 miles from the respective city hall of the above

mentioned cities shall receive Zone II pay for all

classifications.

All jobs or projects located more than 50 miles from the

respective city hall of the above mentioned cities shall

receive Zone III pay for all classifications.

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

GROUP 1: CONCRETE: Batch Plant and/or Wet Mix Operator, three

units or more; CRANE: Helicopter Operator, when used in

erecting work; Whirley Operator, 90 ton and over; LATTICE

BOOM CRANE: Operator 200 tons through 299 tons, and/or over

200 feet boom; HYDRAULIC CRANE: Hydraulic Crane Operator 90

tons through 199 tons with luffing or tower attachments;

FLOATING EQUIPMENT: Floating Crane, 150 ton but less than

250 ton

GROUP 1A: HYDRAULIC CRANE: Hydraulic Operator, 200 tons and

over (with luffing or tower attachment); LATTICE BOOM

CRANE: Operator, 200 tons through 299 tons, with over 200

feet boom; FLOATING EQUIPMENT: Floating Crane 250 ton and

over

GROUP 1B: LATTICE BOOM CRANE: Operator, 300 tons through 399

tons with over 200 feet boom; Operator 400 tons and over;

FLOATING EQUIPMENT: Floating Crane 350 ton and over

GROUP 2: ASPHALT: Asphalt Plant Operator (any type); Roto

Mill, pavement profiler, operator, 6 foot lateral cut and

over; BLADE: Auto Grader or \"Trimmer\" (Grade Checker

required); Blade Operator, Robotic; BULLDOZERS: Bulldozer

operator over 120,000 lbs and above; Bulldozer operator,

twin engine; Bulldozer Operator,tandem, quadnine, D10, D11,

and similar type; Bulldozere Robotic Equipment (any type;

CONCRETE: Batch Plant and/or Wet Mix Operator, one and two

drum; Automatic Concrete Slip Form Paver Operator; Concrete

Canal Line Operator; Concrete Profiler, Diamond Head;

CRANE: Cableway Operator, 25 tons and over; HYDRAULIC

CRANE: Hydraulic crane operator 90 tons through 199 tons

(without luffing or tower attachment); TOWER/WHIRLEY

OPERATOR: Tower Crane Operator; Whirley Operator, under 90

tons; LATTICE BOOM CRANE: 90 through 199 tons and/or 150 to

200 feet boom; CRUSHER: Crusher Plant Operator; FLOATING

EQUIPMENT: Floating Clamshell, etc.operator, 3 cu. yds.

and over; Floating Crane (derrick barge) Operator, 30 tons

but less than 150 tons; LOADERS: Loader operator, 120,000

lbs. and above; REMOTE CONTROL: Remote controlled

earth-moving equipment; RUBBER-TIRED SCRAPERS: Rubber-

tired scraper operator, with tandem scrapers, multi-engine;

SHOVEL, DRAGLINE, CLAMSHELL, SKOOPER OPERATOR: Shovel,

Dragline, Clamshell, operator 5 cu. yds and over; TRENCHING

MACHINE: Wheel Excavator, under 750 cu. yds. per hour

(Grade Oiler required); Canal Trimmer (Grade Oiler

required); Wheel Excavator, over 750 cu. yds. per hour;

Band Wagon (in conjunction with wheel excavator);

UNDERWATER EQUIPMENT: Underwater Equipment Operator, remote

or otherwise; HYDRAULIC HOES-EXCAVATOR: Excavator over

130,000 lbs.; HYDRAULIC CRANE: Hydraulic crane operator, 50

tons through 89 tons (with luffing or tower attachment);

GROUP 3: BULLDOZERS: Bulldozer operator, over 70,000 lbs. up

to and including 120,000 lbs.; HYDRAULIC CRANE: Hydraulic

crane operator, 50 tons through 89 tons (without luffing or

tower attachment); LATTICE BOOM CRANES: Lattice Boom

Crane-50 through 89 tons (and less than 150 feet boom);

FORKLIFT: Rock Hound Operator; HYDRAULIC HOES-EXCAVATOR:

excavator over 80,000 lbs. through 130,000 lbs.; LOADERS:

Loader operator 60,000 and less than 120,000; RUBBER-TIRED

SCRAPERS: Scraper Operator, with tandem scrapers;

Self-loading, paddle wheel, auger type, finish and/or 2 or

more units; SHOVEL, DRAGLINE, CLAMSHELL,SKOOPER OPERATOR:

Shovel, Dragline, Clamshell operators 3 cu. yds. but less

than 5 cu yds.

GROUP 4: ASPHALT: Screed Operator; Asphalt Paver operator

(screeman required); BLADE: Blade operator; Blade operator,

finish; Blade operator, externally controlled by

electronic, mechanical hydraulic means; Blade operator,

multi-engine; BULLDOZERS: Bulldozer Operator over 20,000

lbs and more than 100 horse up to 70,000 lbs; Drill Cat

Operator; Side-boom Operator; Cable-Plow Operator (any

type); CLEARING: Log Skidders; Chippers; Incinerator; Stump

Splitter (loader mounted or similar type); Stump Grinder

(loader mounted or similar type; Tub Grinder; Land Clearing

Machine (Track mounted forestry mowing & grinding machine);

Hydro Axe (loader mounted or similar type); COMPACTORS

SELF-PROPELLED: Compactor Operator, with blade; Compactor

Operator, multi-engine; Compactor Operator, robotic;

CONCRETE: Mixer Mobile Operator; Screed Operator; Concrete

Cooling Machine Operator; Concrete Paving Road Mixer;

Concrete Breaker; Reinforced Tank Banding Machine (K-17 or

similar types); Laser Screed; CRANE: Chicago boom and

similar types; Lift Slab Machine Operator; Boom type

lifting device, 5 ton capacity or less; Hoist Operator, two

\(2\) drum; Hoist Operator, three (3) or more drums; Derrick

Operator, under 100 ton; Hoist Operator, stiff leg, guy

derrick or similar type, 50 ton and over; Cableway Operator

up to twenty (25) ton; Bridge Crane Operator, Locomotive,

Gantry, Overhead; Cherry Picker or similar type crane hoist

five (5) ton capacity or less; Hydraulic Crane Operator,

under 50 tons; LATTICE BOOM CRANE OPERATOR: Lattice Boom

Crane Operator, under 50 tons; CRUSHER: Generator Operator;

Diesel- Electric Engineer; Grizzley Operator; DRILLING:

Drill Doctor; Boring Machine Operator; Driller-Percussion,

Diamond, Core, Cable, Rotary and similar type; Cat Drill

(John Henry); Directional Drill Operator over 20,000 lbs

pullback; FLOATING EQUIPMENT: Diesel-electric Engineer;

Jack Operator, elevating barges, Barge Operator,

self-unloading; Piledriver Operator (not crane type)

(Deckhand required); Floating Clamshelll, etc. Operator,

under 3 cu. yds. (Fireman or Diesel-Electric Engineer

required); Floating Crane (derrick barge) Operator, less

than 30 tons; GENERATORS: Generator Operator;

Diesel-electric Engineer; GUARDRAIL EQUIPMENT: Guardrail

Punch Operator (all types); Guardrail Auger Operator (all

types); Combination Guardrail machines, i.e., punch auger,

etc.; HEATING PLANT: Surface Heater and Planer Operator;

HYDRAULIC HOES EXCAVATOR: Robotic Hydraulic backhoe

operator, track and wheel type up to and including 20,0000

lbs. with any or all attachments; Excavator Operator over

20,000 lbs through 80,000 lbs.; LOADERS: Belt Loaders,

Kolman and Ko Cal types; Loaders Operator, front end and

overhead, 25,000 lbs and less than 60,000 lbs; Elevating

Grader Operator by Tractor operator, Sierra, Euclid or

similar types; PILEDRIVERS: Hammer Operator; Piledriver

Operator (not crane type); PIPELINE, SEWER WATER: Pipe

Cleaning Machine Operator; Pipe Doping Machine Operator;

Pipe Bending Machine Operator; Pipe Wrapping Machine

Operator; Boring Machine Operator; Back Filling Machine

Operator; REMOTE CONTROL: Concrete Cleaning Decontamination

Machine Operator; Ultra High Pressure Water Jet Cutting

Tool System Operator/Mechanic; Vacuum Blasting Machine

Operator/mechanic; REPAIRMEN, HEAVY DUTY: Diesel Electric

Engineer (Plant or Floating; Bolt Threading Machine

operator; Drill Doctor (Bit Grinder); H.D. Mechanic;

Machine Tool Operator; RUBBER-TIRED SCRAPERS: Rubber-tired

Scraper Operator,single engine, single scraper;

Self-loading, paddle wheel, auger type under 15 cu. yds.;

Rubber-tired Scraper Operator, twin engine; Rubber-tired

Scraper Operator, with push-pull attachments; Self Loading,

paddle wheel, auger type 15 cu. yds. and over, single

engine; Water pulls, water wagons; SHOVEL, DRAGLINE,

CLAMSHELL, SKOOPER OPERATOR: Diesel Electric Engineer;

Stationay Drag Scraper Operator; Shovel, Dragline,

Clamshell, Operator under 3 cy yds.; Grade-all Operator;

SURFACE (BASE) MATERIAL: Blade mounted spreaders, Ulrich

and similar types; TRACTOR-RUBBERED TIRED: Tractor

operator, rubber-tired, over 50 hp flywheel; Tractor

operator, with boom attachment; Rubber-tired dozers and

pushers (Michigan, Cat, Hough type); Skip Loader, Drag Box;

TRENCHING MACHINE: Trenching Machine operator, digging

capacity over 3 ft depth; Back filling machine operator;

TUNNEL: Mucking machine operator

GROUP 5: ASPHALT: Extrusion Machine Operator; Roller

Operator (any asphalt mix); Asphalt Burner and

Reconditioner Operator (any type); Roto-Mill, pavement

profiler, ground man; BULLDOZERS: Bulldozer operator,

20,000 lbs. or less or 100 horse or less; COMPRESSORS:

Compressor Operator (any power), over 1,250 cu. ft. total

capacity; COMPACTORS: Compactor Operator, including

vibratory; Wagner Pactor Operator or similar type (without

blade); CONCRETE: Combination mixer and Compressor

Operator, gunite work; Concrete Batch Plant Quality Control

Operator; Beltcrete Operator; Pumpcrete Operator (any

type); Pavement Grinder and/or Grooving Machine Operator

(riding type); Cement Pump Operator, Fuller-Kenyon and

similar; Concrete Pump Operator; Grouting Machine Operator;

Concrete mixer operator, single drum, under (5) bag

capacity; Cast in place pipe laying machine; maginnis

Internal Full slab vibrator operator; Concrete finishing

mahine operator, Clary, Johnson, Bidwell, Burgess Bridge

deck or similar type; Curb Machine Operator, mechanical

Berm, Curb and/or Curb and Gutter; Concrete Joint Machine

Operator; Concrete Planer Operator; Tower Mobile Operator;

Power Jumbo Operator setting slip forms in tunnels; Slip

Form Pumps, power driven hydraulic lifting device for

concrete forms; Concrete Paving Machine Operator; Concrete

Finishing Machine Operator; Concrete Spreader Operator;

CRANE: Helicopter Hoist Operator; Hoist Operator, single

drum; Elevator Operator; A-frame Truck Operator, Double

drum; Boom Truck Operator; HYDRAULIC CRANE OPERATOR:

Hydraulic Boom Truck, Pittman; DRILLING: Churm Drill and

Earth Boring Machine Operator; Directional Drill Operator

over 20,000 lbs pullback; FLOATING EQUIPMENT: Fireman;

FORKLIFT: Lull Hi-Lift Operator or similar type; Fork Lift,

over 5 ton and/or robotic; HYDRAULIC HOES EXCAVATORS:

Hydraulic Backhoe Operator, wheel type (Ford, John Deere,

Case type); Hydraulic Backhoe Operator track type up to and

including 20,000 lbs.; LOADERS: Loaders, rubber-tired type,

less than 25,000 lbs; Elevating Grader Operator, Tractor

Towed requiring Operator or Grader; Elevating loader

oeprator, Athey and similar types; OILERS: Service Oiler

(Greaser); PIPELINE-SEWER WATER: Hydra hammer or simialr

types; Pavement Breaker Operator; PUMPS: Pump Operator,

more than 5 (any size); Pot Rammer Operator; RAILROAD

EQUIPMENT: Locomotive Operator, under 40 tons; Ballast

Regulator Operator; Ballast Tamper Multi-Purpose Operator;

Track Liner Operator; Tie Spacer Operator; Shuttle Car

Operator; Locomotive Operator, 40 tons and over; MATERIAL

HAULRS: Cat wagon DJB\'s Volvo similar types; Conveyored

material hauler; SURFACING (BASE) MATERIAL: Rock Spreaders,

self-propelled; Pulva-mixer or similar types; Chiip

Spreading machine operator; Lime spreading operator,

construction job siter; SWEEPERS: Sweeper operator (Wayne

type) self-propelled construction job site; TRACTOR-RUBBER

TIRED: Tractor operator,

rubber-tired, 50 hp flywheel and under; Trenching machine

operator, maximum digging capacity 3 ft depth; TUNNEL:

Dinkey

GROUP 6: ASPHALT: Plant Oiler; Plant Fireman; Pugmill

Operator (any type); Truck mounted asphalt spreader, with

screed; COMPRESSORS: Compressor Operator (any power), under

1,250 cu. ft. total capacity; CONCRETE: Plant Oiler,

Assistant Conveyor Operator; Conveyor Operator; Mixer Box

Operator (C.T.B., dry batch, etc.); Cement Hog Operator;

Concrete Saw Operator; Concrete Curing Machine Operator

(riding type); Wire Mat or Brooming Machine Operator;

CRANE: Oiler; Fireman, all equipment; Truck Crane Oiler

Driver; A-frame Truck Operator, single drum; Tugger or

Coffin Type Hoist Operator; CRUSHER: Crusher Oiler; Crusher

Feederman; CRUSHER: Crusher oiler; Crusher feederman;

DRILLING: Drill Tender; Auger Oiler; FLOATING EQUIPMENT:

Deckhand; Boatman; FORKLIFT: Self-propelled Scaffolding

Operator, construction job site (excluding working

platform); Fork Lift or Lumber Stacker Operator,

construction job site; Ross Carrier Operator, construction

job site; GUARDRAIL EQUIPMENT: Oiler; Auger Oiler; Oiler,

combination guardrail machines; Guardrail Punch Oiler;

HEATING PLANT: Temporary Heating

Plant Operator; LOADERS: Bobcat, skid steer (less than 1 cu

yd.); Bucket Elevator Loader Operator, BarberGreene and

similar types; OILERS: Oiler; Guardrail Punch Oiler; Truck

Crane Oiler- Driver; Auger Oiler; Grade Oiler, required to

check grade; Grade Checker; PIPELINE-SEWER WATER: Tar Pot

Fireman; Tar Pot Fireman (power agitated); PUMPS: Pump

Operator (any power); Hydrostatic Pump Operator; RAILROAD

EQUIPMENT: Brakeman; Oiler; Switchman; Motorman; Ballast

Jack Tamper Operator; SHOVEL, DRAGLINE, CLAMSHELL, SKOOPER,

ETC. OPERATOR: Oiler, Grade Oiler (required to check

grade); Grade Checker; Fireman; SWEEPER: Broom operator,

self propelled,

construction job site; SURFACING (BASE) MATERIAL: Roller

Operator, grading of base rock (not asphalt); Tamping

Machine operartor, mechanical, self-propelled; Hydrographic

Seeder Machine Operator; TRENCHING MACHINE: Oiler; Grade

Oiler; TUNNEL: Conveyor operator;

Air filtration equipment operator

FOOTNOTE C:

HANDLING OF HAZARDOUS WAST MATERIALS - Personnel in all craft

classifications subject to working inside a federally

designated Hazardous Waste perimeter shall be eligible for

compensation in accordance with the following group

schedule relative to the level of Hazardous Waste as

outline in the specific Hazardous Waste Project Site Safety

Plan:

H-1 Base Wage Rate when on a hazardous waste site when not

outfitted with protective clothing.

H-2 Class \"C\" Suit - Basic hourly wage rate plus \$1.00 per

hour, fringes plus \$0.15.

H-3 Class \"B\" Suit - Basic hourly wage rate plus \$1.50 per

hour, fringes plus \$0.15.

H-4 Class \"A\" Suit -Basic hourly wage rate plus \$2.00 per

hour, fringes plus \$0.15.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

IRON0029-004 07/01/2007

Rates Fringes

IRONWORKER\...\...\...\...\...\...\.....\$ 30.25 15.52

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

LABO0001-006 06/01/2007

Rates Fringes

Mason Tender/Hod Carrier

Tenders to Bricklayers,

Tile Setters, Marble

Setters and Terrazzo

Workers, Topping for

Cement Finishers and

Mortar Mixers\...\...\...\...\...\$ 25.14 11.07

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

LABO0003-003 06/01/2007

ZONE 1:

LABORERS (SEE FOOTNOTE C)

Rates Fringes

Laborers:

GROUP 1\...\...\...\...\...\...\...\$ 23.12 11.07

GROUP 2\...\...\...\...\...\...\...\$ 23.72 11.07

GROUP 3\...\...\...\...\...\...\...\$ 24.16 11.07

GROUP 4\...\...\...\...\...\...\...\$ 24.54 11.07

GROUP 5\...\...\...\...\...\...\...\$ 20.12 11.07

Zone Differential (Add to Zone 1 rates):

Zone 2 - \$0.65

Zone 3 - 1.15

Zone 4 - 1.70

Zone 5 - 2.75

ZONE 1 - All jobs or projects located within 30 miles of the

respective City Hall

ZONE 2 - More than 30 miles and less than 40 miles from the

respective City Hall

ZONE 3 - More than 40 miles and less than 50 miles from the

respective City Hall

ZONE 4 - More than 50 miles and less than 80 miles from the

respective City Hall

ZONE 5 - More than 80 miles from the respective City Hall.

BASEPOINTS:

ALBANY ASTORIA BAKER CITY

BEND BURNS COOS BAY

EUGENE GRANTS PASS HERMISTON

KLAMATH FALLS MEDFORD PENDLETON

PORTLAND ROSEBURG SALEM

THE DALLES

LABORER CLASSIFICATIONS

GROUP 1: Asphalt Spreaders; Asphalt Plant Laborers; Batch

Weighman; Broomers; Brush Burners and Cutters; Car and

Truck Loaders; Carpenter Tender; Change-House Man or Dry

Shack Man; Choke Setter; Cleanup Laborers; Curing,

Concrete; Demolition, Wrecking, and Moving Laborers;

Dumpers, road oiling crew; Dumpmen (for grading crew);

Elevator Feeders; Fine Graders; Fence Builders; Form

Strippers (not swinging stages); Guard Rail, Median Rail,

Guide Post; Reference Post, Right-of-way Marker; Hazardous

Waste Laborers; Landscaping or Planting Laborer; Leverman

or Aggregate Spreader (Flaherty and similar types); Loading

Spotters; Material Yard Man (including electrical);

Pittsburgh Chipper Operator or similar types; Railroad

Track Laborers; Ribbon Setters (including steel forms); Rip

Rap Man (hand placed); Road Pump Tender; Sewer Labor;

Signalman; Skipman; Slopers; Spraymen; Stake Chaser;

Stockpiler; Tie Back Shoring; Timber Faller and Bucker

(hand labor); Toolroom Man (at jobsite); Weight-Man-Crusher

(aggregate when used); General Laborer

GROUP 2: Applicator (including Pot Tender for same),

applying protective material by hand or nozzle on utility

lines or storage tanks on project; Brush Cutters (power

saw); Burners; Choker Splicer; Clary Power Spreader and

similar types; Clean-up Nozzleman-Green-Cutter (concrete,

rock, etc.); Concrete Laborer; Concrete Power Buggyman;

Crusher Feeder; Demolition and Wrecking Charred Materials;

Dropping and Wrapping Pipe; Gunite Nozzleman Tender; Gunite

or Sand Blasting Pot Tender; Handlers or Mixers of all

materials of an irritating nature (including cement and

lime); Post Hole Diggers, Air, Gas or Electric; Sand

Blasting (wet); Tampers; Tool Operators (includes but not

limited to: Dry Pack Machine, Jackhammer, Chipping Guns,

Paving Breakers)

GROUP 3: Asbestos removal (structural removal only); Bit

Grinder; Concrete Saw Operator; Drill Doctor; Drill

Operators (Air Tracks, Cat Drills, Wagon Drills,

Rubber-mounted Drills, and other similar types, including

at crusher plants); Manhole Builder; Nippers and Timbermen;

Power Saw Operators (bucking and falling); Sand Blasting

(dry); Sewer Timberman; Track Liners, Anchor Machines,

Ballast Regulators, Multiple Tampers, Power Jacks; Tugger

Operator; Vibrator-all types; Vibrating Screed; Water

Blaster

GROUP 4: Asphalt Rakers; Concrete Nozzleman; Grade Checker;

Gunite Nozzleman; High Scalers, Strippers and Drillers

(covers work in swinging stages, chairs or belts, under

extreme conditions unusual to normal drilling, blasting,

barring-down, or sloping and stripping); Pipe Layers-All

types; Powdermen; Pumpcrete Nozzlemen; Loop Installation;

Tunnel-miner; Tunner- powderman; Motorman-Dinky Locomotive;

Shield Operator; Tunnel Bullgang (above ground); Tunnel

Chuck Tenders; Tunnel-Muckers, Brakemen, Concrete Crew,

Bull Gang (underground)

GROUP 5: Traffic Flaggers

FOOTNOTE C:

HANDLING OF HAZARDOUS WAST MATERIALS - Personnel in all craft

classifications subject to working inside a federally

designated Hazardous Waste perimeter shall be eligible for

compensation in accordance with the following group

schedule relative to the level of Hazardous Waste as

outline in the specific Hazardous Waste Project Site Safety

Plan:

H-1 Base Wage Rate when on a hazardous waste site when not

outfitted with protective clothing.

H-2 Class \"C\" Suit - Basic hourly wage rate plus \$1.00 per

hour, fringes plus \$0.15.

H-3 Class \"B\" Suit - Basic hourly wage rate plus \$1.50 per

hour, fringes plus \$0.15.

H-4 Class \"A\" Suit -Basic hourly wage rate plus \$2.00 per

hour, fringes plus \$0.15.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

PAIN0055-001 04/01/2008

Rates Fringes

Painters: Commercial

BAKER, BENTON, CLATSOP,

CROOK, DESCHUTES, GRANT,

GILLIAM, HARNEY,

JEFFERSON, LAKE, LANE,

LINN, LINCOLN, MALHEUR,

MARION, POLK, TILLAMOOK,

SHERMAN, UNION, WHEELER

AND YAMHILL COUNTIES

High work-All work 60

feet or higher\...\...\...\....\$ 19.63 7.05

Painters\...\...\...\...\...\....\$ 18.88 7.05

CLACKAMAS, COLUMBIA, HOOD

RIVER, MULTNOMAH, MORROW,

UMATILLA, WALLOWA, WASCO

AND WASHINTON COUNTIES

High work-All work 60

feet or higher\...\...\...\....\$ 20.63 7.05

Painters\...\...\...\...\...\....\$ 19.88 7.05

JACKSON AND KLAMATH

COUNTIES

High Work-All Work 60

feet or higher\...\...\...\....\$ 16.88 7.05

Painters\...\...\...\...\...\....\$ 17.63 7.05

Painters: Industrial

BAKER, BENTON, CLATSOP,

CROOK, DESCHUTES, GRANT,

GILLIAM, HARNEY,

JEFFERSON, LAKE, LANE,

LINN, LINCOLN, MALHEUR,

MARION, POLK, TILLAMOOK,

SHERMAN, UNION, WHEELER

AND YAMHILL COUNTIES

Brush and Roller\...\...\.....\$ 19.48 7.05

High work - All work 60

feet or higher\...\...\...\....\$ 20.23 7.05

Spray and Sandblasting\.....\$ 20.08 7.05

CLACKAMAS, COLUMBIA, HOOD

RIVER, MULTNOMAH, MORROW,

UMATILLA, WALLOWA, WASCO

AND WASHINTON COUNTIES

Brush and Roller\...\...\.....\$ 20.48 7.05

High work-All work 60

feet or higher\...\...\...\....\$ 21.23 7.05

Spray & Sandblasting\...\....\$ 21.08 7.05

JACKSON AND KLAMATH

COUNTIES

Brush & Roller\...\...\...\....\$ 17.48 7.05

High work-All work 60

feet or higher\...\...\...\....\$ 18.23 7.05

Spray, Sandblasting\...\.....\$ 18.08 7.05

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

PAIN0055-005 06/01/2007

Rates Fringes

Painters:

HIGHWAY & PARKING LOT

STRIPER\...\...\...\...\...\...\...\$ 28.27 8.27

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

PLAS0555-001 06/01/2008

ZONE 1:

Rates Fringes

Cement Masons: (ZONE 1)

CEMENT MASONS DOING BOTH

COMPOSITION/POWER

MACHINERY AND

SUSPENDED/HANGING SCAFFOLD..\$ 27.87 14.83

CEMENT MASONS ON

SUSPENDED, SWINGING AND/OR

HANGING SCAFFOLD\...\...\...\...\$ 27.34 14.83

CEMENT MASONS\...\...\...\...\...\$ 26.80 14.83

COMPOSITION WORKERS AND

POWER MACHINERY OPERATORS\...\$ 27.34 14.83

Zone Differential (Add To Zone 1 Rates):

Zone 2 - \$0.65

Zone 3 - 1.15

Zone 4 - 1.70

Zone 5 - 3.00

BASE POINTS: BEND, CORVALLIS, EUGENE, MEDFORD, PORTLAND,

SALEM, THE DALLES, VANCOUVER

ZONE 1: Projects within 30 miles of the respective city hall

ZONE 2: More than 30 miles but less than 40 miles from the

respective city hall.

ZONE 3: More than 40 miles but less than 50 miles from the

respective city hall.

ZONE 4: More than 50 miles but less than 80 miles from the

respective city hall.

ZONE 5: More than 80 miles from the respective city hall

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

PLUM0290-005 04/01/2008

BENTON, CLACKAMAS, CLATSOP, COLUMBIA, COOS, CROOK, CURRY,

DESCHUTES, DOUGLAS, GILLIAM, GRANT AND HARNEY (those portions

which lies north and west of a north-south line drawn from the

town of John Day to a point five miles east of the town of

Burns and three miles south of Burns thence on an airline

through the town of Wagontire west to the County lines), HOOD

RIVER, JACKSON, JEFFERSON, JOSEPHINE, KLAMATH, LAKE, LANE,

LINCOLN, LINN, MARION, MULTNOMAH, POLK, SHERMAN, TILLAMOOK,

WASCO, WASHINGTON, WHEELER AND YAMHILL COUNTIES

Rates Fringes

Plumbers and Pipefitters\...\...\...\$ 35.69 16.39

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

PLUM0296-004 06/01/2007

BAKER, HARNEY (Remainder of County) AND MALHEUR COUNTIES

Rates Fringes

Plumbers and Pipefitters\...\...\...\$ 25.83 10.12

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

PLUM0598-008 06/01/2008

GRANT (Remainder of County), MORROW, UMATILLA, UNION AND

WALLOWA COUNTIES

Rates Fringes

Plumbers and Pipefitters\...\...\...\$ 38.64 19.10

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

SUOR1991-003 04/01/1991

Rates Fringes

Timber Sales Roads:

LABORERS\...\...\...\...\...\.....\$ 8.35 4.30

OPERATING ENGINEERS\...\...\...\$ 10.37 4.15

POWER SAW, DRILLER,

POWDERMAN\...\...\...\...\...\....\$ 9.12 4.30

TEAMSTERS\...\...\...\...\...\....\$ 9.74 3.74

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

TEAM0037-004 06/01/2008

ZONE 1:

TRUCK DRIVERS (See Footnote C):

Rates Fringes

Truck drivers:

GROUP 1\...\...\...\...\...\...\...\$ 26.40 11.91

GROUP 2\...\...\...\...\...\...\...\$ 26.52 11.91

GROUP 3\...\...\...\...\...\...\...\$ 26.65 11.91

GROUP 4\...\...\...\...\...\...\...\$ 26.91 11.91

GROUP 5\...\...\...\...\...\...\...\$ 27.13 11.91

GROUP 6\...\...\...\...\...\...\...\$ 27.29 11.91

GROUP 7\...\...\...\...\...\...\...\$ 27.49 11.91

Zone Differential (add to Zone 1 rates):

Zone 2 - \$0.65

Zone 3 - 1.15

Zone 4 - 1.70

Zone 5 - 2.75

Zone 1 - All jobs or projects located within 30 miles of the

respective City Hall

Zone 2 - More than 30 miles and less than 40 miles from the

respective City Hall

Zone 3 - More than 40 miles and less than 50 miles from the

respective City Hall

Zone 4 - More than 50 miles and less than 80 miles from the

respective City Hall

Zone 5 - More than 80 miles from the respective City Hall

BASEPOINTS:

ALBANY ASTORIA BAKER

BEND BINGEN BROOKINGS

BURNS COOS BAY CORVALLIS

EUGENE GOLDENDALE GRANTS PASS

HERMISTON HOOD RIVER KLAMATH FALLS

LAGRANDE LAKEVIEW LONGVIEW

MADRAS MEDFORD MCMINNVILLE

OREGON CITY NEWPORT ONTARIO

PENDLETON PORTLAND PORT ORFORD

REEDSPORT ROSEBURG SALEM

THE DALLES TILLAMOOK VANCOUVER

TRUCK DRIVER CLASSIFICATIONS

GROUP 1: A-frame or hydra-lift truck w/load bearing surface;

Articulated dump truck; Battery rebuilders; Bus or manhaul

driver; Concrete buggies (power operated); Concrete pump

truck; Dump trucks, side, end and bottom dumps, including

semi-trucks and trains or combinations thereof: up to and

including 10 cu. yds.; Lift jitneys, fork lifts (all sizes

in loading, unloading and transporting material on job

site); Loader and/or leverman on concrete dry batch plant

(manually operated); Lubrication man, fuel truck driver,

tireman, wash rack, steam cleaner or combination; Pilot

car; Pickup truck; Slurry truck driver or leverman; Solo

flat bed and misc. body truck, 0-10 tons; Team drivers;

Tireman; Transit mix and wet or dry mix trucks: 5 cu yds.

and under; Water wagons (rated capacity) up to 3,000 gallons

GROUP 2: Boom truck/hydra-lift or retracting crane;

Challenger; Dumpsters or similar equipment-all sizes; Dump

trucks/articulated dumps 6 cu to 10 cu.; Flaherty spreader

driver or leverman; Low bed equipment, flat bed semi-truck

and trailer or doubles transporting equipment or wet or dry

materials; Lumber carrier, driver-straddle carrier (used in

loading, unloading and transporting of materials on job

site); Oil distributor driver or leverman; Transit mix and

wet or dry mix trucks: over 5 cy yds and including 7 cu.

yds; Vacuum trucks; Water Wagons (rated capacity) over

3,000 to 5,000 gallons

GROUP 3: Ammonia nitrate distributor driver; Dump trucks,

side, end and bottom dumps, including semi-trucks and

trains or combinations thereof: over 10 cu. yds. and

including 30 cu. yds., includes articulated dump trucks;

Self-Propelled street sweeper; Transit mix and wet or dry

mix trucks, over 7 cu. yds. and including 11 cu. yds.;

truck mechanic-Welder-Body repairman; Utility and clean-up

truck; Water wagons (rated capacity) 5,000 to 10,000

gallons.

GROUP 4: Asphalt Bruner; Dump trucks, side, end and bottom

dumps, including semi-trucks and trains or combinations

thereof: over 30 cu. yds. and including 50 cu. yds.

includes articulated dump trucks; Fire guard; Transit Mix

and Wet or Dry Mix Trucks, over 11 cu. yds. and including

15 cu. yds.; Water Wagon (rated capacity) over 10,000

gallons to 15,000 gallons

GROUP 5: Composite Crewman; Dump trucks, side, end and bottom

dumps, including semi-trucks and trains or combinations

thereof: over 50 cu. yds. and including 60 cu. yds.,

includes articulated dump trucks

GROUP 6: Bulk cement spreader w/o auger; Dry Pre-Batch

concrete mix trucks; Dump trucks, side, end and bottom

dumps, including semi-trucks and trains of combinations

thereof: over 60 cu. yds. and including 80 cu. yds. and

includes articulated dump trucks; Skid truck

GROUP 7: Dump trucks, side, end and bottom dumps, including

semi-trucks and trains or combinations thereof: over 80

cu. yds. and including 100 cu. yds. includes articulated

dump trucks; Industrial lift truck (mechanical tailgate)

FOOTNOTE C:

HANDLING OF HAZARDOUS WAST MATERIALS -(LABORERS, POWER

EQUIPMENT OPERATORS, AND TRUCK DRIVERS): Personnel in all

craft classifications subject to working inside a federally

designated Hazardous Waste perimeter shall be eligible for

compensation in accordance with the following group

schedule relative to the level of Hazardous Waste as

outline in the specific Hazardous Waste Project Site Safety

Plan:

H-1 Base Wage Rate when on a hazardous waste site when not

outfitted with protective clothing.

H-2 Class \"C\" Suit - Basic hourly wage rate plus \$1.00 per

hour, fringes plus \$0.15.

H-3 Class \"B\" Suit - Basic hourly wage rate plus \$1.50 per

hour, fringes plus \$0.15.

H-4 Class \"A\" Suit -Basic hourly wage rate plus \$2.00 per

hour, fringes plus \$0.15.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

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

(29CFR 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

PART VI

SPECIFICATIONS FOR

CATHEDRAL HILLS PARKING LOT IMPROVEMENTS - ESPEY ROAD

MEDFORD DISTRICT

[DIVISION 1 - GENERAL]{.underline}

GENERAL INFORMATION AND REQUIREMENTS SECTION 01009

TESTING LABORATORY SERVICE SECTION 01410

MOBILIZATION SECTION 01505

TRAFFIC REGULATION SECTION 01570

[DIVISION 2 - SITEWORK]{.underline}

CLEARING AND GRUBBING SECTION 02111

WATERING SECTION 02201

EXCAVATING, BACKFILLING, AND COMPACTING SECTION 02224

GRANULAR BASE COURSES SECTION 02233

CONSTRUCTION SURVEYING SECTION 02300

CULVERTS SECTION 02640

SEEDING AND MULCHING SECTION 02923

PART VII - PLANS/ DRAWINGS

[Sheet No.]{.underline} [Title]{.underline}

1 of 2 Title Sheet

2 of 2 Site & Grading Plan

PART VIII - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF
OFFERORS

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)

(a)(1) The North American Industry Classification System (NAICS) code
for this acquisition is 238990

\(2\) The small business size standard is \$13 Million.

\(3\) 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 (c) 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 (c) 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:

\[  \] (i) Paragraph (c) applies.

\[  \] (ii) Paragraph (c) does not apply and the offeror has completed
the individual representations and certifications in the solicitation.

\(c\) The offeror has completed the annual representations and
certifications electronically via the Online Representations and
Certifications Application (ORCA) website at
[http://orca.bpn.gov](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 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 \[*offeror to insert changes, identifying
change by clause number, title, date*\]. 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]{.smallcaps}

        \_\_\_\_\_\_\_\_\_\_\_\_        \_\_\_\_\_\_\_\_\_       \_\_\_\_\_      \_\_\_\_\_\_\_
  -----------------------------------------------------------------------------------------------

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.

VIII.1.0 SIGNATURE EXTENSION

If the Offeror is a partnership or a joint venture, all partners or
joint venture representatives are required to sign as contractors.
Signatures shall be provided below:

Name:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Name:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Title:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Title:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Signature:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Address:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Address:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

PART IX - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

\(a\) The offeror shall enter, in the block with its name and address on
the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed
by the DUNS number or "DUNS+4" that identifies the offeror's name and
address exactly as stated in the offer. The DUNS number is a nine-digit
number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS
number plus a 4-character suffix that may be assigned at the discretion
of the offeror to establish additional CCR records for identifying
alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11)
for the same concern.

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

\(1\) An offeror may obtain a DUNS number---

> \(i\) Via the Internet at <http://fedgov.dnb.com/webform>; or if the
> offeror does not have internet access, it may call Dun and Bradstreet
> at 1-866-705-5711 if located within the United States; or
>
> \(ii\) If located outside the United States, by contacting the local
> Dun and Bradstreet office. The offeror should indicate that it is an
> offeror for a U.S. Government contract when contacting the local Dun
> and Bradstreet office.

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

\(i\) Company legal business name.

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

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

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

\(v\) Company telephone number.

\(vi\) Date the company was started.

\(vii\) Number of employees at your location.

\(viii\) Chief executive officer/key manager.

\(ix\) Line of business (industry).

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

52.219-20 NOTICE OF EMERGING SMALL BUSINESS SET-ASIDE (JAN 1991)

> (Not applicable if award exceeds \$25,000)

Offers or quotations under this acquisition are solicited from emerging
small business concerns only. Offers that are not from an emerging small
business shall not be considered and shall be rejected.

52.225-10 Notice of Buy American Act Requirement (MAY 2002)\
---Construction Materials

\(a\) *Definitions*. "Construction material," "domestic construction
material," and "foreign construction material," as used in this
provision, are defined in the clause of this solicitation entitled "Buy
American Act---Construction Materials" (Federal Acquisition Regulation
(FAR) clause 52.225-9).

\(b\) *Requests for determinations of inapplicability*. An offeror
requesting a determination regarding the inapplicability of the Buy
American Act should submit the request to the Contracting Officer in
time to allow a determination before submission of offers. The offeror
shall include the information and applicable supporting data required by
paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If
an offeror has not requested a determination regarding the
inapplicability of 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.

\(1\) The Government will evaluate an offer requesting exception to the
requirements of the Buy American Act, based on claimed unreasonable cost
of domestic construction material, by adding to the offered price the
appropriate percentage of the cost of such foreign construction
material, as specified in paragraph (b)(3)(i) of the clause at
FAR 52.225-9.

\(2\) If evaluation results in a tie between an offeror that requested
the substitution of foreign construction material based on unreasonable
cost and an offeror that did not request an exception, the Contracting
Officer will award to the offeror that did not request an exception
based on unreasonable cost.

\(d\) Alternate offers.

\(1\) When an offer includes foreign construction material not listed by
the Government in this solicitation in paragraph (b)(2) of the clause at
FAR 52.225-9, the offeror also may submit an alternate offer based on
use of equivalent domestic construction material.

\(2\) If an alternate offer is submitted, the offeror shall submit a
separate Standard Form 1442 for the alternate offer, and a separate
price comparison table prepared in accordance with paragraphs (c) and
(d) of the clause at FAR 52.225-9 for the offer that is based on the use
of any foreign construction material for which the Government has not
yet determined an exception applies.

\(3\) If the Government determines that a particular exception requested
in accordance with paragraph (c) of the clause at FAR 52.225-9 does not
apply, the Government will evaluate only those offers based on use of
the equivalent domestic construction material, and the offeror shall be
required to furnish such domestic construction material. An offer based
on use of the foreign construction material for which an exception was
requested---

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

\(ii\) May be accepted if revised during negotiations.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REF. (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may
include blocks that must be completed by the offeror and submitted with
its quotation or offer. In lieu of submitting the full text of those
provisions, the offeror may identify the provision by paragraph
identifier and provide the appropriate information with its quotation or
offer. Also, the full text of a solicitation provision may be accessed
electronically at this/these address(es):
[www.arnet.gov/far](http://www.arnet.gov/far),
<http://www.doi.gov/pam/aindex.html>.

IX.1.0 QUOTATION SUBMITTAL INSTRUCTIONS - This is a Request for
Quotation (RFQ) and, therefore, no public opening will be held. The
results will not be made public prior to award. As quotations are
considered confidential, the name of the Contractor and the amount of
the order will be disclosed only after award. As it is anticipated award
will be made within five (5) days from closing date of quote, award
information may be obtained by accessing:

> http://www.blm.gov/or/procurement/awards.php
>
> or [http://www.fedbizopps.gov](http://www.fedbizopps.gov/). Use one of
> the following methods to submit your quote.

IX.1.1 Electronic Submittal. The quote may be faxed to 503-808-6312. In
the alternative, electronic quotes are acceptable through FedBizOpps
(FBO). In accordance with FAR 4.1201, representations and certifications
shall be entered through [www.bpn.gov](http://www.bpn.gov/) using the
ORCA system and updated annually. Any applicable representations
required under Part VIII shall be submitted either by fax,by e-mail to
or952mb@blm.gov, or by mailing or handcarrying to the proper address
shown in IX.1.2*.*

IX.1.2 Hard Copy Submittal - When submitting a quote, each envelope
(including express mail pouches) must be sealed, marked with the
solicitation number and addressed as follows:

+----------------------------------+-----------------------------------+
| > **Mail quote to:**             | > **Hand carry quote to**:        |
| >                                | >                                 |
| > Bureau of Land Management      | > Bureau of Land Management       |
| >                                | >                                 |
| > Branch of Procurement          | > Land Office                     |
| > Management                     | >                                 |
| >                                | > 333 S.W. First Avenue, 1st      |
| > 333 S.W. First Avenue, 7th     | > Floor                           |
| > Floor                          | >                                 |
| >                                | > Portland, OR 97204              |
| > Portland, OR 97204             |                                   |
+----------------------------------+-----------------------------------+