QandAs.pdf

1. The bid states that U.S.-made material must be used unless the cost exceeds that of foreign material by 20 percent. Two U.S. suppliers were listed, but neither will ship to Oregon due to cost prohibitions. Can we order locally if the material meets all required standards?

Response: Manufacturers referenced in the Statement of Work also mention “or approved equal.” As long as the material used meets the salient characteristics of the preapproved manufacturer, and meets requirements of 52.225-9, Buy American Act-Construction Materials, there isn’t an issue.

2. If the wire is foreign but manufactured into fabric in the U.S., does it qualify as U.S.-made?

Response: All construction material used on the project must meet the requirements of 52.225-9, Buy American Act-Construction Materials.

This clause requires only “domestic construction material” be used in performing the contract, unless other material was added to (b)(2) of the clause, which we did not do.

Therefore, you have to look at the definition of what qualifies as a “domestic construction material.” For material wholly or predominantly consisting of iron or steel a construction material is considered domestic if it is manufactured in the United States AND the cost of foreign iron and steel constitutes less than 5% of the cost of all components used in the construction material.

(a) Definitions. As used in this clause— Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if–

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material.

The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

(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 domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (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.

http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter83&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1907&num=0&edition=prelim https://www.acquisition.gov/far/12.505#FAR_12_505

3. The contract states that we are responsible for temporary fencing. Given that 50 percent of the fence is already exposed, is this still a requirement?

Response: No temporary fencing is required.

4. Is there a desired distance between the new fence and any existing trees or brush?

Response: Contractor shall complete brush clearing on/along existing fence line as needed for construction of new fence (approximately in same location). However, no seed trees (inside of the fence and greater than 15' tall) should be cut.

5. There is some existing wire grown into trees. I assume this wood should be disposed of and not put into the firewood pile. Is this correct?

Response: Yes, wood with embedded metal should not be included with firewood.

6. Is it possible to leave the existing gates in place until we're ready to install the new ones? This would save us from setting up temporary barriers.

Response: Yes, no need for temporary barriers.

7. What is the closest water source we could access to fill totes for the project?

Response: The closest water drafting site is at 44.1484, -122.0356 where Spring Creek crosses Road 2643. There are also Forest Service overhead fill stations available at McKenzie Bridge State Airport (44.1823, -122.0844) and Road 19 (44.1627, -122.2589).

8. Can on-onsite trailer and security personnel be utilized to secure our equipment after hours? This will help reduce cost from having to mobilize and demobilize our equipment daily.

Response: Yes.

9. What is the specified clearance distance required for the fence line?

Response: Contractor shall complete brush clearing on/along existing fence line as needed for construction of new fence (approximately in same location). However, no seed trees (inside of the fence and greater than 15' tall) should be cut.

10. Is there a water source available for use at the two buildings that can be utilized for mixing concrete?

Response: The warehouse at Lower Foley Seed Orchard does not have water. The closest water drafting site is at 44.1484, -122.0356 where Spring Creek crosses Road 2643. There are also Forest Service overhead fill stations available at McKenzie Bridge State Airport (44.1823, -122.0844) and Road 19 (44.1627, -122.2589).

11. The contract states that we can adjust the line if it improves the project. Is there a local representative who can approve changes on-site to prevent delays, or will we need to wait for a formal decision?

Response: No, After clearing, contractor shall stake new fence line for approval by Contracting Officer. Fence line location can be shifted/adjusted as needed to simplify construction or improve layout. Government Technical Monitor will be onsite to verify new fence location and provide information to the Contracting Officer for determination.

12. What is the specific length the trees we cut and stack for firewood need to be cut to?

Response: No specific length is required – it is the Contractor’s choice to facilitate movement to the stacking area. The Government intends to sell the firewood as logs which will be cut into rounds by a firewood purchaser.