18R0009_Fishhook_Tunnel_Recondition.docx
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- IDAHO PANHANDLE NATIONAL FOREST, St. Joe Ranger District - Fishhook Tunnel Remediation - IMAT
- Solicitation number
- 12034318R0009
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Solicitation 12034318R0009
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| File | Type | Posted |
|---|---|---|
| 12034318R0009_02.pdf | ||
| 12034318R0009_01.pdf | ||
| Attch_02_-_Fishhook_FSSS_2018_01_12.pdf | ||
| Attch_01_-_FishhookPlans_2018_01_12.pdf | ||
| Attch_03_-_WD-ID180060.docx | DOCX document |
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| CONSTRUCTION RFP thru FAC 2005-96 – 11/6/2017, Procurement Advisory 128 – 8/9/2017 | 12034318***** |
| *(Project Name) | |
| Page 3 of 43 |
| CONSTRUCTION RFP thru FAC 2005-96 – 11/6/2017, Procurement Advisory 128 – 8/9/2017 | 12034318R0009 |
| Fishhook Tunnel Remediation | |
| Page 7 of 39 |
OFFEROR'S COPY
NOTE: Attached forms must be completed and submitted intact.
Issuing Office:
USDA – Forest Service Region 1, Acquisition Management Idaho/Montana Acquisition Zone 3815 N. Schrieber Way Coeur d’Alene Idaho 83815
Offers Are Solicited For:
PROJECT
Fishhook Tunnel Remediation
| Solicitation No. 12034318R0009 |
| HELP PREVENT FOREST FIRES |
IMPORTANT - NOTICE TO OFFEROR
1. This is a complete copy. Information and instructions for submission of proposals as well as contract provisions and specifications are contained in this OFFEROR REFERENCE COPY. This copy should be retained by offerors.
2. Note: An offer guarantee (Bid Bond) IS REQUIRED. Performance and Payment Bonds will be required of the successful offeror. (See Section I, FAR Clause 52.228-15.)
FS-6300-45 (11/79)
| CONSTRUCTION RFP thru FAC 2005-96 – 11/6/2017, Procurement Advisory 128 – 8/9/2017 | 12034318R0009 |
| Page 3 of 43 | Fishhook Tunnel Remediation |
TABLE OF CONTENTS
Page(s)
PART I - THE SCHEDULE
SECTION A - SOLICITATION/CONTRACT FORM 1 - 2
Standard Form 1442, Solicitation, Offer, and Award
SECTION B - SUPPLIES OR SERVICES AND PRICES 3 - *
| B- 1 - Schedule of Items |
| B- 2 - Payment for Bond Premiums |
| B- 3 - Additive or Deductive Items |
| B- 4 - Minimum and Maximum Contract Amounts |
SECTION C - DESCRIPTION/SPECIFICATIONS *
| C- 1 - Scope of Contract |
| C- 2 - Project Location |
| C- 3 - Project Magnitude |
| C- 4 - Biobased Product Utilization |
| C- 5 - Government-Furnished Property |
| C- 6 - Standard Specifications |
| C- 7 - Special Project Specifications |
| C- 8 - Drawings |
SECTION E - INSPECTION AND ACCEPTANCE *
E- 1 - Clauses Incorporated by Reference
SECTION F - DELIVERIES OR PERFORMANCE *
| F- 1 - Clauses Incorporated by Reference |
| F- 2 - Commencement, Prosecution, and Completion of Work |
| F- 6 - Effective Period of the Contract |
SECTION H - SPECIAL CONTRACT REQUIREMENTS *
| H- 1 - Use of Premises |
| H- 2 - Physical Data |
| H- 3 - Section 8(a) Direct Award |
| H- 4 - Key Personnel |
| H- 5 - Fire Control |
| H- 6 - Loss, Damage, or Destruction |
| H- 7 - Incidental Payment Items |
| H- 8 - Conformity with Drawings and Specifications |
| H- 9 - Local Material Sources |
| H-10 - Samples, Tests, Cited Specifications |
| H-11 - Barricades, Warning Signs, and Other Devices |
| H-12 - Weed Free Equipment |
| H-13 - Landscape Preservation |
H-14 - Invoice Processing Platform (IPP)
| H-15 - Contractor Performance Assessment Reporting System |
| H-16 - Prework Conference |
| H-17 - Idaho Worker’s Compensation Law |
PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES *
| I- 1 - Clauses Incorporated by Reference |
| I- 2 - Personal Identity Verification of Contractor Personnel |
| I- 3 - Basic Safeguarding of Covered Contractor Information Systems |
| I- 4 - Personal Identity Verification of Contractor Employees |
| I- 5 - Ordering |
| I- 6 - Order Limitations |
| I- 7 - Definite Quantity |
| I- 8 - Requirements |
| I- 9 - Indefinite Quantity |
| I-10 - Execution and Commencement of Work |
| I-11 - Limitation on Government Liability |
| I-12 - Contract Definitization |
| I-13 - Option for Increased Quantity—Separately Priced Line Item |
| I-14 - Option to Extend the Term of the Contract |
| I-15 - Notice of Price Evaluation Preference for HUBZone Small Business Concerns |
| I-16 - Incentive Subcontracting Program |
| I-17 - Notice of Set-Aside of Orders |
| I-18 - Limitations on Subcontracting |
| I-19 - Notification of Competition Limited to Eligible 8(a) Concerns Deviation |
| I-20 - Post Award Small Business Program Rerepresentation |
| I-21 - Construction Wage Rate Requirements—Price Adjustment (Percentage Method) |
| I-22 - Paid Sick Leave Under Executive Order 13706 |
| I-23 - Affirmative Procurement of Biobased Products Under Service and Construction Contracts |
| I-24 - Estimate of Percentage of Recovered Material Content for EPA - Designated Products |
| I-25 - Aerosols |
| I-26 - Foams |
| I-27 - Buy American - Construction Materials |
| I-28 - Bid Guarantee |
| I-29 - Alternative Payment Protections |
| I-30 - Performance and Payment Bonds - Construction |
| I-31 - Alternative Forms of Security |
| I-32 - Insurance Coverage |
| I-33 - Federal, State, and Local Taxes |
| I-34 - Reimbursement For Bond Premiums - Fixed Price Construction Contracts |
| I-35 - Permits and Responsibilities |
| I-36 - Alterations In Contract |
| I-37 - Authorized Deviations in Clauses |
| I-38 - Order of Precedence - Construction |
PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS *
| J- 1 - Wage Determination |
| J- 2 - Specifications |
| J- 3 - Drawings |
| J- 4 - Exhibits |
| J- 5 - State of Idaho Certificate of Verification of Workers’ Compensation Insurance |
PART IV - REPRESENTATIONS AND INSTRUCTIONS
| SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER | * |
| STATEMENTS OF OFFERORS AND RESPONDENTS |
K- 1 - Annual Representations and Certifications K- 2 - Incorporation by Reference of Representations and Certifications
| K- 3 - Information Regarding Responsibility Matters |
| K- 4 - Notice of Price Evaluation Preference for HUBZone Small Business Concerns |
| K- 5 - Disaster or Emergency Area Representation |
| SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS | * |
| AND RESPONDENTS |
| L- 1 - Solicitation Provisions Incorporated by Reference |
| L- 2 - System for Award Management |
| L- 3 - Inquiries |
| L- 5 - Requirements For Cost or Pricing Data or Information Other Than Cost or Pricing Data |
| L- 6 - Instructions for the Preparation of Technical and Business Proposals |
| L- 7 - Amendments to Proposals |
| L- 8 - Type of Contract |
| L- 9 - Construction Wage Rate Requirements—Secondary Site of the Work |
| L-10 - Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity |
for Construction
| L-11 - Notice of Buy American Requirements - Construction Materials |
| L-12 - Service of Protest |
| L-13 - Site Visit (Construction) |
| L-15 - Pre-Bid/Pre-Proposal Conference |
| L-16 - Alterations in Solicitation |
| L-17 - Authorized Deviations in Provisions |
SECTION M - EVALUATION FACTORS FOR AWARD *
| M- 1 - Evaluation Criteria | |
| M- 2 - Award Statement | |
| M- 3 - Evaluation Exclusive of Options | |
| M- 4 - Evaluation of Options | |
| M- 5 - Evaluation Quantities—Indefinite Delivery Contracts | |
| CONSTRUCTION RFP thru FAC 2005-96 –11/6/2017, Procurement Advisory 128 – 8/9/2017 | 12034318R0009 |
| Fishhook Tunnel Remediation |
OMB APPROVAL NO. 2700-0042
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
12034318R0009
2. TYPE OF SOLICITATION
|_| SEALED BID (IFB)
|_| NEGOTIATED (RFP)
3. DATE ISSUED
4/27/2018
| PAGE OF PAGES | |
| 1 | 39 |
IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
5. REQUISITION/PURCHASE REQUEST NO.
6. PROJECT NO.
| 7. ISSUED BY | CODE |
| 8. ADDRESS OFFER TO |
USDA - Forest Service Region 1, Acquisition Management
IMAT
3815 N. Schreiber Way Coeur d’Alene ID 83815
USDA - Forest Service Region 1, Acquisition Management ATTN: Michael J. Allred 3815 N. Schreiber Way Coeur d’Alene ID 83815
| 9. FOR INFORMATION |
| CALL: Contracting |
Technical
a. NAME Michael J. Allred Brent Briggs
b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 208-765-7456 208-765-7436
SOLICITATION
NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):
Fishhook Tunnel Remediation St Joe Ranger District Idaho Panhandle National Forest Shoshone County, Idaho
Project Magnitude The estimated price magnitude is:
Between $1,000,000 and $5,000,000.
11. The Contractor shall begin performance within 10 calendar days and complete it within (by 10/31/2018) calendar days after receiving |_| award, |_| notice to proceed. This performance period is |_| mandatory, |_| negotiable. (See Section F, Clause 52.211-10)
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If “YES,” indicate within how many calendar days after award in Item 12b.)
| |_| YES | |_| NO | |
| 12b. CALENDAR DAYS |
| 13. ADDITIONAL SOLICITATION REQUIREMENTS: | |||
| a. | Sealed offers in original and 3 copies to perform the work required are due at the place specified in Item 8 by 4:00 pm local time 5/29/2018. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due. | ||
| b. | An offer guarantee | |_| is, | |_| is not required. (If “is required” see AGAR Clause 452.228-70) |
| c. | All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference. | ||
| d. | Offers providing less than 45 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected. |
| NSN 7540-01-155-3212 | 1442-101 | STANDARD FORM 1442 (REV. 4-85) |
| Computer Generated | Prescribed by GSA |
FAR (48 CFR) 53.236-1(e)
OFFER (Must be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)
15. TELEPHONE NO. (Include area code)
Duns No. _________________ TIN: ___________________
CAGE Code (see FAR Provision 52.204-16) ____________
16. REMITTANCE ADDRESS (Include only if different than Item 14)
CODE FACILITY CODE
17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each
| AMENDMENT NO. |
| DATE |
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)
20B. SIGNATURE
20C. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT
23. ACCOUNTING AND APPROPRIATION DATA
| 24. SUBMIT INVOICES TO ADDRESS SHOWN IN |
| (4 copies unless otherwise specified) |
| ITEM |
| 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO | |
| |_| 10 U.S.C. 2304(c)( ) | |_| 41 U.S.C. 253(c)( ) |
| 26. ADMINISTERED BY | CODE |
| 27. PAYMENT WILL BE MADE BY |
USDA - Forest Service Region 1, Acquisition Management IMAT – Michael J. Allred 3815 N. Schreiber Way Coeur d’Alene ID 83815
All invoices will be processed using the Department of Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via IPP.
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
| |_| | 28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract. |
| |_| | 29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary. |
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA
BY
31c. DATE
Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)
PART I - THE SCHEDULE
SECTION B - SUPPLIES OR SERVICES AND PRICES
Fishhook Tunnel Remediation St Joe Ranger District Idaho Panhandle National Forest Shoshone County, Idaho
B- 1 Schedule of Items
ITEM
NO.
DESCRIPTION
METH. OF
MEAS.
PAY
UNIT
EST.
QTY.
UNIT
PRICE
TOTAL
AMOUNT
15101
Mobilization and Demobilization
LSQ
Lump Sum
21401
Rock Scaling Crew
AQ
Hour
26001
Rock Dowels
AQ
EA
27001
Shotcrete
AQ
LF
27002
Shotcrete (Optional)**
AQ
LF
NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization. Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.
**NOTE: Optional Item (27002) requirements outlined Section H paragraph H-3.
SECTION C - DESCRIPTION AND SPECIFICATIONS
C- 1 - PROJECT DESCRIPTION AND LOCATION
(a) - Description of Work.
This project is for the remediation of an existing tunnel on the Fishhook Creek road, (FDR 301). The work includes but is not limited to mobilization and demobilization, scaling the tunnel perimeter, furnishing and installing rock dowels, and furnishing, installing and testing wet-mix steel fiber reinforced shotcrete including installation of drainage mat prior to the application of shotcrete, and all other incidental items necessary to complete the project in accordance with the plans and specifications.
(b) - Project Location.
This project is located in the Idaho Panhandle National Forests. The tunnel is located on National Forest System Road No. 301 at Mile Post 3.78, in the NE ¼ of the SE ¼ Section 32, T.45 N., R.5 E., B.M., Shoshone County, Idaho (47.202384, -115.845134). The tunnel is on the St. Joe Ranger district.
The project can be accessed from Avery, Idaho by taking the old river road on the south side of the St. Joe River. Approximately 2 miles downstream from Avery is the intersection with forest road 301. Turn left on road 301 and proceed approximately 2.8 miles to the Fishhook tunnel.
(c) Restrictions. No wash water can be allowed to enter Fishhook creek. See Supplemental Specification Section 156 for requirements for accommodating public traffic during work.
(d) Submittals. Allow 15 calendar days for government review of submittals.
C- 2 - STANDARD SPECIFICATIONS: " FHWA FP-03 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS” are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this Solicitation and any resultant contract.
Copies of the " FHWA FP-03 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS" are available for download at the following URL:
http://www.wfl.fha.dot.gov/design/specs/fp03.htm.
The following “FHWA FP-03 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS” are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract.
| SPEC. NO | TITLE | |||
| PREFACE | ||||
| Section 101 | TERMS, FORMAT, AND DEFINITIONS | |||
| Section 102 | BID, AWARD AND EXECUTION OF CONTRACT | |||
| Section 103 | SCOPE OF WORK | |||
| Section 104 | CONTROL OF WORK | |||
| Section 105 | CONTROL OF MATERIAL | |||
| Section 106 | ACCEPTANCE OF WORK | |||
| Section 107 | LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC | |||
| Section 108 | PROSECUTION AND PROGRESS | |||
| Section 109 | MEASUREMENT AND PAYMENT | |||
| Section 151 | MOBILIZATION | |||
| Section 152 | CONSTRUCTION SURVEY AND STAKING | |||
| Section 153 | CONTRACTOR QUALITY CONTROL | |||
| Section 154 | CONTRACTOR SAMPLING AND TESTING | |||
| Section 155 | SCHEDULES FOR CONSTRUCTION CONTRACTS | |||
| Section 156 | PUBLIC TRAFFIC | |||
| Section 157 | SOIL EROSION CONTROL | |||
| Section 261 | ROCK DOWELS | |||
| Section 566 | SHOTCRETE | |||
| Section 701 | CEMENT | |||
| Section 711 | CONCRETE CURING MATERIAL & ADMIXTURES | |||
| Section 718 | TRAFFIC SIGNING AND MARKING MATERIAL | |||
| Section 725 | MISCELLANEOUS MATERIAL |
SECTION E - INSPECTION AND ACCEPTANCE
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
| 52.246-11 | Higher-Level Contract Quality Requirement (DEC 2014) |
| 52.246-12 | Inspection of Construction (AUG 1996) |
SECTION F - DELIVERIES OR PERFORMANCE
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
F-1 - 52.242-14 - Suspension of Work (APR 1984)
F-2 - FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 10-calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 10/31/2018 The time stated for completion shall include final cleanup of the premises.
F-3 - FAR 52.236-1 Performance of Work by the Contractor (APR 1984) The Contractor shall perform on the site, and with its own organization, work equivalent to at least 50 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.
SECTION H - SPECIAL CONTRACT REQUIREMENTS
AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES
H-1 - 452.236-72 - Use of Premises (NOV 1996)
H-2 - 452.237-74 - Key Personnel. (FEB 1988)
(a) The Contractor shall assign to this contract the following key personnel:
Superintendent - Site Manager - Project Contractor Quality Control -
(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.
(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.
(End of Clause) H-3 - Option for Increased Quantity - Separately Priced Line Item
The Government may require the delivery of the optional line item 27002 - Shotcrete, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 50 calendar after awrard of the contract. Optional Items will may be added to the contract under a Unilateral Modification within 60 calendar days of Contract Award. Delivery of added items shall be concurrent with the work process and be intigrated into the work schedule/progress schedule to complete the work on time. Additional items under 27002 will not allow for additional time under this contract, unless the parties otherwise agree.
H- 5 - Fire Control
(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.
(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or the Contractor’s employees, the Contractor when requested by the Contracting Officer shall place the employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.
Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.
An equitable adjustment in contract time may be made for this period.
(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to the Contractor’s operation under the contract.
(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.
(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:
One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.
One - shovel, round point #0 lady or equal.
One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.
One - water container (at least 1-gallon capacity), not required with stationary equipment.
(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.
(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:
One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.
One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.
Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.
(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.
(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.
(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.
(8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.
(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.
All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.
(10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.
(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.
When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:
(i) All high fire risk operations could be terminated at 1300 local time.
(ii) All burning could be stopped, including debris burning fires.
(iii) Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.
(12) Pump and Trailer. The Contractor shall provide at a location satisfactory to the Contracting Officer, a serviceable truck or trailer, equipped with a fire fighting tanker unit to be kept ready for instant use for suppressing forest fires. The unit shall consist of a tank of not less than 100-gallon capacity upon which shall be mounted a live hose reel or live hose basket with 250 feet of at least ¾-inch I.D. heavy-duty rubber hose; a portable or power takeoff pump with discharge capacity of at least 10 gallons per minute at 150 P.S.I. pressure. Gear type pumps shall be provided with a bypass or pressure relief valve so that the hose nozzle may be shut while the pump is operating. Each tanker unit shall have a hose nozzle of the shut-off type, adjustable for straight stream, spray or fog, at least 12 feet of 1-inch suction hose with an intake screen, and additional 250 feet of 3/4 –inch heavy-duty rubber hose or 1-inch cotton jacket rubber-lined or linen hose to be carried on the unit for use as needed. Tools, adapters, accessories and fuel necessary to operate the pump and truck or trailer shall be provided. If a trailer is used, a serviceable vehicle with proper trailer tow hitch shall be located at a point satisfactory to the Contracting Officer. Where water is available, a supply sufficient for rapidly filling the water tank shall be provided at one or more accessible points along or adjacent to the main truck roads.
(13) Burning. Before starting any open burning, the Contractor shall comply with the following:
(i) Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.
(ii) Obtain a burning permit from the District Ranger.
(iii) Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.
(iv) Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion. Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during off-work hours to avoid wildfires.
(v) Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.
(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his/her discretion, prohibit all open burning for definite periods within specific areas of the National Forest.
H-7 - Incidental Payment Items
The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.
H- 8 - Conformity with Drawings and Specifications
Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is compliance with reasonable and customary manufacturing and construction tolerances.
H- 9 - Local Material Sources
(a) Designated Sources--Sources of local materials will be designated on the drawings. The Government assumes responsibility for the quality and quantity of material in the source. The Contractor shall determine the equipment and work required to produce the specified product.
The Contractor shall utilize all suitable material in the source. The designation of source will include the rights of the Contractor to use certain area(s) for plant site, stockpiles, and haul roads. Any Contractor royalty payment requirements will be stated below.
When materials are subject to weight measurement, the weight/volume relationship used for determination of designed quantities will be shown on the Drawings.
Should the designated source, due to causes beyond the control of the Contractor, contain insufficient suitable material, the Government will provide another source with an equitable adjustment in accordance with the Differing Site Conditions and Changes clauses.
(b) Contractor-Furnished Sources--When the material sources are not designated as provided above or the Contractor elects not to use designated sources, the Contractor shall be responsible for providing the specified product with no adjustment in contract price, unless weight/volume relationship differences between designated source material and Contractor-furnished source material result in financial disadvantage to the Government. Quality testing shall be the responsibility of the Contractor. Test results shall be furnished to the Contracting Officer.
H-10 - Samples, Tests, Cited Specifications
Reference made in the contract to specifications, standards, or test methods adopted by AASHTO, ASTM, GSA, or other recognized National technical associations, shall mean specifications, standards, or test methods (including interim or tentative issues) which are in effect on the date of the solicitation.
H-11 - Barricades, Warning Signs, and Other Devices
The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.
The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.
Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.
H-12 - Weed-Free Equipment
In order to prevent the potential spread of noxious weeds into the project area, the Contractor shall be required to furnish the Contracting Officer with proof of weed-free equipment.
The following is considered proof of weed-free equipment:
The Contractor will be required to clean all construction equipment (equipment that operates off existing roads) prior to entry on the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only construction equipment inspected by the Contracting Officer will be allowed to operate within the project area. All subsequent move-ins of construction equipment shall be treated the same as the initial move-in.
Prior to initial move-in of all construction equipment, and all subsequent move-ins, the Contractor shall make equipment available for inspection at an agreed location.
H-13 - Landscape Preservation
(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material, which falls outside of these limits, shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.
(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).
Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.
Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.
H-14 - Invoice Processing Platform (IPP)
The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.
Upon award of a contract, Contractors will be enrolled automatically. Contractor will subsequently receive electronic notification from IPP of enrollment. IPP password will be delivered electronically to allow first login to IPP. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.
H-15 - Contractor Performance Assessment Reporting System (FEB 2011)
(a) General. This contract is subject to Federal Acquisition Regulations (FAR), Agriculture Acquisition Regulations (AGAR), and Forest Service Acquisition Regulations (FSAR) that require past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System (CPARS).
(b) Contact Information. At the Prework Meeting, the name and email address of the Contractor Representative will be required.
(c) Assessment. Upon completion of the work associated with the contract/delivery orders, an evaluation will be initiated by the Contracting Officer in the CPARS system and the Contractor Representative will receive an auto-email from CPARS with instructions for completion of the evaluation.
H-17 - Idaho Worker’s Compensation Law
(a) Prior to award of any contract subject to Idaho Workers' Compensation Laws, the Contractor must provide a completed State of Idaho Certificate of Verification of Workers’ Compensation Insurance form to the Government. This form will be submitted to the Idaho Industrial Commission by the Government in order to assure that the Contractor in line for award has the required worker’s compensation coverage or is exempt from the requirement for coverage.
(b) A copy of the State of Idaho Certificate of Verification of Workers' Compensation Insurance form has been provided for use in Section J and shall be completed and submitted as part of the offer.
(c) This certificate of verification shall be fully executed by the Contractor and signed by the Industrial Commission Compliance Officer prior to award of the contract.
PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
FAR 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): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
| 52.202-1 | Definitions (NOV 2013) |
| 52.203-3 | Gratuities (APR 1984) |
| 52.203-5 | Covenant Against Contingent Fees (MAY 2014) |
| 52.203-7 | Anti-Kickback Procedures (MAY 2014) |
| 52.203-8 | Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) |
| 52.203-10 | Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) |
| 52.203-12 | Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) |
| 52.203-17 | Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014) |
| 52.204-4 | Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) |
| 52.204-10 | Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) |
| 52.204-13 | System for Award Management Maintenance (OCT 2016) |
| 52.204-14 | Service Contract Reporting Requirements (OCT 2016) |
| 52.204-18 | Commercial and Government Entity Code Maintenance (JUL 2016) |
| 52.209-6 | Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) |
| 52.209-9 | Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) |
| 52.209-10 | Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)) |
| 52.211-18 | Variation in Estimated Quantity (APR 1984) |
| 52.215-2 | Audit and Records - Negotiation (OCT 2010) |
| 52.215-8 | Order of Precedence -- Uniform Contract Format. (Oct 1997) |
| 52.215-15 | Pension Adjustments and Asset Reversions (OCT 2010) |
| 52.215-18 | Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions (JULY 2005) |
| 52.219-6 | Notice of Total Small Business Set-Aside (NOV 2011) |
| 52.219-8 | Utilization of Small Business Concerns (NOV 2016) |
| 52.219-9 | Small Business Subcontracting Plan (JAN 2017) |
| 52.219-9 | Small Business Subcontracting Plan (JAN 2017) Alternate II (NOV 2016) |
| 52.219-14 | Limitations on Subcontracting (JAN 2017) |
| 52.219-16 | Liquidated Damages--Subcontracting Plan (JAN 1999) |
| 52.219-28 | Post-Award Small Business Program Rerepresentation (JUL 2013) |
| 52.222-3 | Convict Labor (JUNE 2003) |
| 52.222-4 | Contract Work Hours and Safety Standards--Overtime Compensation (MAY 2014) |
| 52.222-6 | Construction Wage Rate Requirements (MAY 2014) |
| 52.222-7 | Withholding of Funds (MAY 2014) |
| 52.222-8 | Payrolls and Basic Records (MAY 2014) |
| 52.222-9 | Apprentices and Trainees (JULY 2005) |
| 52.222-10 | Compliance with Copeland Act Requirements (FEB 1988) |
| 52.222-11 | Subcontracts (Labor Standards) (MAY 2014) |
| 52.222-12 | Contract Termination - Debarment (MAY 2014) |
| 52.222-13 | Compliance with Construction Wage Rate Requirements and Related Regulations (MAY 2014) |
| 52.222-14 | Disputes Concerning Labor Standards (FEB 1988) |
| 52.222-15 | Certification of Eligibility (MAY 2014) |
| 52.222-21 | Prohibition of Segregated Facilities (APR 2015) |
| 52.222-26 | Equal Opportunity (SEPT 2016) |
| 52.222-27 | Affirmative Action Compliance Requirements for Construction (APR 2015) |
| 52.222-30 | Construction Wage Rate Requirements—Price Adjustment (None or Separately Specified Method) (MAY 2014) |
| 52.222-35 | Equal Opportunity for Veterans (OCT 2015) |
| 52.222-36 | Equal Opportunity for Workers with Disabilities (JUL 2014) |
| 52.222-37 | Employment Reports on Veterans (FEB 2016) |
| 52.222-40 | Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) |
| 52.222-50 | Combating Trafficking in Persons (MAR 2015) |
| 52.222-54 | Employment Eligibility Verification (OCT 2015) |
| 52.222-55 | Minimum Wages Under Executive Order 13658 (DEC 2015) |
| 52.222-62 | Paid Sick Leave Under Executive Order 13706 (JAN 2017) |
| 52.223-3 | Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JULY 1995) |
| 52.223-5 | Pollution Prevention and Right-to-Know Information (MAY 2011) |
| 52.223-6 | Drug-Free Workplace (MAY 2001) |
| 52.223-15 | Energy Efficiency in Energy-Consuming Products (DEC 2007) |
| 52.223-17 | Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (MAY 2008) |
| 52.223-18 | Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) |
| 52.223-20 | Aerosols (JUN 2016) |
| 52.223-21 | Foams (JUN 2016) |
| 52.225-13 | Restrictions on Certain Foreign Purchases (JUNE 2008) |
| 52.228-2 | Additional Bond Security (OCT 1997) |
| 52.228-11 | Pledges of Assets (JAN 2012) |
| 52.228-12 | Prospective Subcontractor Requests for Bonds (MAY 2014) |
| 52.228-14 | Irrevocable Letter of Credit (NOV 2014) |
| 52.228-15 | Performance and Payment Bonds--Construction (OCT 2010) |
| 52.229-3 | Federal, State, and Local Taxes (FEB 2013) |
| 52.232-5 | Payments Under Fixed-Price Construction Contracts (MAY 2014) |
| 52.232-9 | Limitation on Withholding of Payments (APR 1984) |
| 52.232-18 | Availability of Funds (APR 1984) |
| 52.232-23 | Assignment of Claims (MAY 2014) |
| 52.232-27 | Prompt Payment for Construction Contracts (JAN 2017) |
| 52.232-33 | Payment by Electronic Funds Transfer—System for Award Management (JUL 2013) |
| 52.232-39 | Unenforceability of Unauthorized Obligations (JUN 2013) |
| 52.232-40 | Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) |
| 52.233-1 | Disputes (MAY 2014) Alternate I (DEC 1991) |
| 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) |
| 52.236-8 | 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) Alternate I (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) |
| 52.242-5 | Payments to Small Business Subcontractors (JAN 2017) |
| 52.242-13 | Bankruptcy (JULY 1995) |
| 52.243-4 | Changes (JUNE 2007) |
| 52.244-6 | Subcontracts for Commercial Items (NOV 2017) |
| 52.246-21 | Warranty of Construction (MAR 1994) |
| 52.248-3 | Value Engineering--Construction (OCT 2015) |
| 52.249-2 | Termination for Convenience of the Government (Fixed-Price) (APR 2012) Alternate I (SEPT 1996) |
| 52.249-10 | Default (Fixed-Price Construction) (APR 1984) |
| 52.253-1 | Computer Generated Forms (JAN 1991) |
AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES
| 452.224-70 | Confidentiality of Information (FEB 1988) |
| 452.236-71 | Prohibition Against the Use of Lead-Paint (NOV 1996) |
| 452.236-73 | Archeological or Historic Sites (FEB 1988) |
| 452.236-74 | Control of Erosion, Sedimentation and Pollution (NOV 1996) |
| 452.236-76 | Samples and Certificates (FEB 1988). |
FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEPT 2013)
(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—
(1) The product cannot be acquired—
(i) Competitively within a time frame providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:
(i) Spacecraft system and launch support equipment.
(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.
(b) Information about this requirement and these products is available at http://www.biopreferred.gov.
(c) In the performance of this contract, the Contractor shall—
(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and
(2) Submit this report no later than—
(i) October 31 of each year during contract performance; and
(ii) At the end of contract performance.
FAR 52.225-9 Buy American--Construction Materials (MAY 2014)
(a) Definitions. As used in this clause--
“Commercially available off-the-shelf (COTS) item”—
(1) Means any item of supply (including construction material) that is--
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
"Component" means any article, material, or supply incorporated directly into construction materials.
"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--
(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (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
(4) 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;
(2) A construction material manufactured in the United States, if—
(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or
(ii) The construction material is a COTS item.
"Foreign construction material" means a construction material other than a domestic construction material.
"United States" means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference.
(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). 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 information technology that is a commercial item or to the construction materials or components listed by the Government as follows:
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