12445122R0041 SF1442 COMPLETE.pdf
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- Solicitation number
- 12445122R0041
- Issued by
-
Department of Agriculture Forest Service
About this file
This federal sources sought notice describes a design-build contract opportunity for the U.S. Forest Service. The project involves demolishing all structures at the existing London Ranger District Administrative Site and constructing a new 7,500 SF office, 4,000 SF warehouse, and 3,200 SF covered storage building. Additional requirements include new prefabricated storage buildings, driveways, and parking. The project must achieve at least two Green Globes or LEED Silver certification and comply with solar ready standards. Mass timber must be used for the office and warehouse. The small business set-aside contract has a performance period of January 2023 to January 2025 and a cost ceiling of $5.4 million for design and construction. The solicitation will be available on August 5th and Phase I responses are due by September 15th at 1300 ET. A pre-proposal conference will be held on August 12th. The Forest Service aims to award the contract in fall 2022.
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12445122R0015 London Complex Design Build
NOTICE TO OFFERORS
1.0 PROCUREMENT OVERVIEW
This is a competitive acquisition as a 100% small business set aside for the award of a single contract. This RFP includes the requirements, evaluation criteria, and method of evaluation.
This acquisition is a Two-Phase Design-Build (DB) procurement in accordance with Federal Acquisition Regulation (FAR) 36.3. One firm-fixed-price contract will be awarded to the responsible Offeror whose proposal the Government determines conforms to the solicitation, is fair and reasonable with regard to pricing, and whose proposal offers the best overall value to the Government considering both price and non-price factors described in Section M.
Set Aside: 100% small business NAICS: 236220 Commercial and Institutional Building Construction PSC: Y1AZ Construction of Other Administrative Facilities and Service Buildings Size Standard: $39.5M Construction Location: 761 S Laurel Rd, London, KY 40744 Order of Magnitude: The project is subject to a cost ceiling of $5.4M for design and construction
2.0 PHASE I SUBMITTAL AND KEY DEADLINES
Phase I is a Request for Qualifications (RFQ) where all potential sources can submit proposals demonstrating their capability to perform. The Government will select and invite no more than three (3) offerors to submit proposals for Phase II.
A. Phase I only involves non-price criteria.
B. Do not include either design or pricing information in the Phase I proposal.
C. An offer guarantee is not required for Phase I (SF 1442 block 13b).
Phase I Pre-Proposal Conference:
The Government will host a virtual Phase I Pre-Proposal Conference where potential contractors may obtain a better understanding of the project scope and submission process.
1. Conference Date and Time: 12 Aug 2022; 0900-1100 ET
2. The conference will be held using Microsoft Teams. Preregistration with the Contracting Officer two days in advance is required for attendance.
Phase I SF-330 and Associated Documents Submittal Deadline: 15 Sep 2022 / 1300 ET Submittal Method: ALL documents will be electronic PDF. It is the contractor’s responsibility to ensure they are accessible and received by the deadline. Submittals will be email via the following:
Subject Line: 12445122R0041_SF-330_Company NAME Emailed to: steven.alves@usda and charles.cotton@usda.gov Call to Confirm Receipt: 859-334-0254
SAM.GOV Registration: Contractors submitting an SF-330 package for consideration SHALL be registered in the SAM.GOV system and ensure their unique identifying number is denoted on the required Phase I document cover letter.
mailto:steven.alves@usda mailto:charles.cotton@usda.gov
SOLICITATION, OFFER,
AND AWARD
2. TYPE OF SOLICITATION
6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.
PAGE OF PAGES
7. ISSUED BY CODE
SOLICITATION
(Construction, Alteration, or Repair)
1. SOLICITATION NO. 3. DATE ISSUED
IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.
9.
INFORMATION
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."
CALL:
FOR
SEALED BID (IFB)
NEGOTIATED (RFP)
USDA-FS CSA EAST 11
1720 PEACHTREE ST NW
STE 876S
ATLANTA GA 30309-2449
4451 8. ADDRESS OFFER TO
SUBJECT LINE: 12445122R0041 SF-330 Company Name email to steven.alves@usda.gov/cc: charles.cotton@usda.gov
Call 859-334-0254 to confirm receipt
a. NAME
STEVEN ALVES
b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
859-334-0254
GAOA
x 08/05/2022
12445122R0041
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
Project Title: 12445122R0041 Design-Build Construction of USDA, Forest Service, Daniel Boone National Forest, London Ranger District Office Compound, London (Laurel County), Kentucky.
Procurement Type: This solicitation will utilize Subpart 36.3 - Two-Phase Design-Build Selection Procedures Original Set Aside: This solicitation is set-aside 100% small business.
NAICS Code: 236220 Commercial and Institutional Building Construction PSC: Y1AZ Construction of Other Administrative Facilities and Service Buildings Location: 761 S Laurel Rd, London, KY 40744 Magnitude: Contract Cost Ceiling Limitation for design and construction for this project is $5,400,000.00 Deadlines:
• Phase I Preproposal Technical Conference: Virtual. Date: 12 Aug 2022 / Time: 0900 -1100 Eastern Standard Time
• Phase I Deadline: SF-330 and associated documents due date: 15 Sep 2022 / Time: 1300 Eastern Standard Time
• Phase II RFP Amendment to be issued with required due dates to those firms rated best qualified. Complete RFP provided for reference.
• Bonds -The 1442 correctly reflects the offer guarantee is required. It is NOT required for Phase One (1) but, it IS required for Phase Two(2).
11. The Contractor shall begin performance
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and is not required.is, b. An offer guarantee
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.
(date). If this is a sealed bid solicitation, offers will 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.
d. Offers providing less than
12b. CALENDAR DAYSYES NO
(If "YES", indicate within how many calendar days after award in Item 12b.)
10 730 calendar days and complete it within ________________ ________________ calendar days after receiving
09/15/2022
NSN 7540-01-155-3212
x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ _______
_____ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________
STANDARD FORM 1442 (Rev. 4-85)
Prescribed by GSA
FAR(48 CFR) 53.236-1(d)
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing 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.)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than item 14.)
CODE FACILITY CODE
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGEMENT OF AMENDMENTS
OFFER (Must be fully completed by offeror)
(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
26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this document and return (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 31c. DATE
BY
2PAGE OF
USDA-FS CSA EAST 11
1720 PEACHTREE ST NW
STE 876S
ATLANTA GA 30309-2449
STEVEN J. ALVES
28. NEGOTIATED AGREEMENT 29. AWARD
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, copies to issuing office.)
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
STANDARD FORM 1442 (REV. 4-85) BACK
Continued...
salves Highlight salves Highlight salves Highlight
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
3 7
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
12445122R0041
0001A
Delivery Location Code: 3390
USDA FOREST SERVICE
WARM SPRINGS RANGER DISTRICT
HIGHWAY 220 SOUTH
BOX 30
HOT SPRINGS VA 24445-9703 US
Period of Performance: 01/02/2023 to 01/02/2025
Line Item 001: Design Phase
Product/Service Code: Y1AZ
Product/Service Description: CONSTRUCTION OF
OTHER ADMINISTRATIVE FACILITIES AND SERVICE
BUILDINGS
A Design Kick-Off Meeting and Site Visit.
Product/Service Code: Y1AZ
Product/Service Description: CONSTRUCTION OF
OTHER ADMINISTRATIVE FACILITIES AND SERVICE
BUILDINGS
0001B B. Conceptual Design Verification Documents.
Product/Service Code: Y1AZ
Product/Service Description: CONSTRUCTION OF
OTHER ADMINISTRATIVE FACILITIES AND SERVICE
BUILDINGS
0001C C. Design Development Documents.
Product/Service Code: Y1AZ
Product/Service Description: CONSTRUCTION OF
OTHER ADMINISTRATIVE FACILITIES AND SERVICE
BUILDINGS
0001D D. Draft Construction Documents.
Product/Service Code: Y1AZ
Product/Service Description: CONSTRUCTION OF
OTHER ADMINISTRATIVE FACILITIES AND SERVICE
BUILDINGS
0001E E. Complete Stamped and Signed Construction
Documents
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
4 7
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
12445122R0041
Product/Service Code: Y1AZ
Product/Service Description: CONSTRUCTION OF
OTHER ADMINISTRATIVE FACILITIES AND SERVICE
BUILDINGS
0002 Line Item 02: Commissioning Services
Product/Service Code: Y1AZ
Product/Service Description: CONSTRUCTION OF
OTHER ADMINISTRATIVE FACILITIES AND SERVICE
BUILDINGS
0002A A. Commissioning Authority
Product/Service Code: Y1AZ
Product/Service Description: CONSTRUCTION OF
OTHER ADMINISTRATIVE FACILITIES AND SERVICE
BUILDINGS
0002B B. Development of the Owner¿s Project
Requirements document based on the Government¿s
Conceptual Documents
Product/Service Code: Y1AZ
Product/Service Description: CONSTRUCTION OF
OTHER ADMINISTRATIVE FACILITIES AND SERVICE
BUILDINGS
0002C C. Design Review based on the OPRs and Conceptual
Documents
Product/Service Code: Y1AZ
Product/Service Description: CONSTRUCTION OF
OTHER ADMINISTRATIVE FACILITIES AND SERVICE
BUILDINGS
0002D D. Construction phase commissioning based on the
Complete Stamped & Signed Construction Documents
Product/Service Code: Y1AZ
Product/Service Description: CONSTRUCTION OF
OTHER ADMINISTRATIVE FACILITIES AND SERVICE
BUILDINGS
0003 Line Item 03: Demolition Phase
Product/Service Code: Y1AZ
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
5 7
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
12445122R0041
Product/Service Description: CONSTRUCTION OF
OTHER ADMINISTRATIVE FACILITIES AND SERVICE
BUILDINGS
0003A A. Demolition
Product/Service Code: Y1AZ
Product/Service Description: CONSTRUCTION OF
OTHER ADMINISTRATIVE FACILITIES AND SERVICE
BUILDINGS
0004 Line Item 04: Construction Phase
Product/Service Code: Y1AZ
Product/Service Description: CONSTRUCTION OF
OTHER ADMINISTRATIVE FACILITIES AND SERVICE
BUILDINGS
0004A A. Site Work
Product/Service Code: Y1AZ
Product/Service Description: CONSTRUCTION OF
OTHER ADMINISTRATIVE FACILITIES AND SERVICE
BUILDINGS
0004B B. Parking Lot and Access Roads.
Product/Service Code: Y1AZ
Product/Service Description: CONSTRUCTION OF
OTHER ADMINISTRATIVE FACILITIES AND SERVICE
BUILDINGS
0004C C. Utilities.
Product/Service Code: Y1AZ
Product/Service Description: CONSTRUCTION OF
OTHER ADMINISTRATIVE FACILITIES AND SERVICE
BUILDINGS
0004D D. Renewable Energy infrastructure.
Product/Service Code: Y1AZ
Product/Service Description: CONSTRUCTION OF
OTHER ADMINISTRATIVE FACILITIES AND SERVICE
BUILDINGS
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
6 7
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
12445122R0041
0004E E. Audiovisual systems
Product/Service Code: Y1AZ
Product/Service Description: CONSTRUCTION OF
OTHER ADMINISTRATIVE FACILITIES AND SERVICE
BUILDINGS
Attachments
J.1 ATTACHMENTS
Attachment B SCHEDULE B - SCHEDULE OF ITEMS FINAL
FILLABLE
Attachment C SECTION C -
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
Attachment F PARTICIPATION GOALS FOR MINORITIES
AND FEMALES
Attachment L SECTION L - SUBMISSION INSTRUCTIONS
08012022 FINAL
Attachment M SECTION M - EVALUATION FACTORS FOR
AWARD 08012022 FINAL
Attachment N WDOL LAUREL COUNTY KY20220025
Appendix D - Attachment A - CONTRACTOR
PERFORMANCE QUESTIONNAIRE FILLABLE
Appendix D - Attachment B - CONFIRMATION OF
DESIGN DEVELOPMENT FILLABLE
Appendix D - Attachment C ¿ BETTERMENTS FORM
FILLABLE
Engineering Documents
Space and Functional Requirements Documents
A. London Admin Office -Project Program_08Dec21
B. London Admin Office -Guiding Principles
Scorecard_07Dec21
C. London Admin Office -Program Tables_02Nov21
D. London Admin Office -Chemical
Inventory_10May211.2
Standard Guidance Documents
A. Design and Construction Standards for Southern
Region Facilities_10Dec21
B. Room Templates for Southern Region
Facilities_24May191.3
Division 01 of the Project Manual: London Admin
Office -Project Manual_27June22
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
7 7
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
12445122R0041
Existing record documents for the site
A. Existing Plans London Office
B. London Admin Office -KYDOT Site Plan1.5
Reference Designs
A. Appalachian Admin Office -100% CDs Arch_14Sep07
B. Appalachian Work Center -100% CDs Arch_18Apr16
C. Chattooga River Work Center -100% CDs
Arch_05May17
D. Croatan Admin Office -Concept Documents
Arch_16Sep20
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Solicitation No: 12445122R0041 Project Name: London Office Compound DB
FAC 2022-06 effective May 26, 2022
Table of Contents
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 SCHEDULE OF ITEMS
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 SCOPE OF CONTRACT
C.2 PROJECT LOCATON
C.3 MAGNITUDE OF CONSTRUCTION PROJECT
C.4 TECHNICAL SPECIFICATIONS
SECTION D--PACKAGING AND MARKING
D-1 PACKING AND MARKING
D-2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE
SECTION E--INSPECTION AND ACCEPTANCE
E.1 CLAUSES
SECTION F--DELIVERIES OR PERFORMANCE
F.1 CLAUSES
SECTION G--CONTRACT ADMINISTRATION DATA
G.1 CLAUSES
G.2 OTHER REQUIREMENTS
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H.1 CLAUSES
H.2 OTHER REQUIREMENTS
PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
I.1 CLAUSES
PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J--LIST OF ATTACHMENTS
J.1 ATTACHMENTS
PART IV--REPRESENTATIONS AND INSTRUCTIONS
SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND
OTHER STATEMENTS OF OFFERORS OR RESPONDENTS
K.1 PROVISIONS
SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR
RESPONDENTS
FAC 2022-06 effective May 26, 2022
L.1 PROVISIONS
SECTION M--EVALUATION FACTORS FOR AWARD
FAC 2022-06 effective May 26, 2022
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 SCHEDULE OF ITEMS
See Attachment B, SCHEDULE B - SCHEDULE OF ITEMS FINAL FILLABLE
FAC 2022-06 effective May 26, 2022
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
See Attachment C: SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK for complete details.
Abridged
C.1 SCOPE OF CONTRACT
This project will demolish all structures and site features on the existing London Ranger District Administrative Site and design and construct a new London Ranger District Administrative Site under a single contract. The Forest Service will vacate the existing site prior to the start of demolition work under this contract and return after Substantial Completion. During the construction period, the site will be closed to the public and no Forest Service operations will take place on the site.
C.2 PROJECT LOCATON
London Ranger District Administrative Site is located at 761 South Laurel Road, London, KY 40744.
C.3 MAGNITUDE OF CONSTRUCTION PROJECT
The DBC shall provide all design, demolition, and construction services required for the final firm, fixed price contract. The project is subject to a cost ceiling of $5.4M for design and construction.
C.4 TECHNICAL SPECIFICATIONS
See Section J
FAC 2022-06 effective May 26, 2022
SECTION D--PACKAGING AND MARKING
D-1 PACKING AND MARKING
All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.
D-2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE
The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.
SECTION E--INSPECTION AND ACCEPTANCE
E.1 CLAUSES
52.246-12 Inspection of Construction (AUG 1996) 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (AUG 1996)
SECTION F--DELIVERIES OR PERFORMANCE
F.1 CLAUSES
52.242-14 Suspension of Work (APR 1984)
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 730 days from the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.
FAC 2022-06 effective May 26, 2022
SECTION G--CONTRACT ADMINISTRATION DATA
G.1 CLAUSES
G.2 OTHER REQUIREMENTS
452.215-73 Post Award Conference (NOV 1996)
A post award conference with the successful offeror is required. It will be scheduled and held within 10 days after the date of contract award. The conference will be held via Microsoft Teams or equal service.
FAC 2022-06 effective May 26, 2022
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H.1 CLAUSES
252.227-7023 Drawings and other data to become property of Government. (MAR 1979) All designs, drawings, specifications, notes and other works developed in the performance of this contract shall become the sole property of the Government and may be used on any other design or construction without additional compensation to the Contractor. The Government shall be considered the “person for whom the work was prepared” for the purpose of authorship in any copyrightable work under 17 U.S.C. 201(b). With respect thereto, the Contractor agrees not to assert or authorize others to assert any rights nor establish any claim under the design patent or copyright laws. The Contractor for a period of three (3) years after completion of the project agrees to furnish all retained works on the request of the Contracting Officer. Unless otherwise provided in this contract, the Contractor shall have the right to retain copies of all works beyond such period
H.2 OTHER REQUIREMENTS
KEY PERSONNEL
(a) The Contractor shall assign to this contract the following key personnel:
See Section C, Paragraph 1.18 Key Personnel
(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.
USE OF PREMISES
(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.
FAC 2022-06 effective May 26, 2022
(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.
ARCHAEOLOGICAL OR HISTORIC SITES
If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.
CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION
(a) Operations 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.).
(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste 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.
(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.
INSURANCE COVERAGE
Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:
(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.
(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence. (2) The Contractor shall have
FAC 2022-06 effective May 26, 2022 property damage liability insurance shall be required in the amount of 500K/500K per occurrence.
(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.
(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.
PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
I.1 CLAUSES
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 Regulation (FAR) Clauses:
https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:
https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:
https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm
52.202-1 Definitions (JUN 2020) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020) 52.203-7 Anti-Kickback Procedures (JUN 2020) 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 (JUN 2020) 52.203-13 Contractor Code of Business Ethics and Conduct (NOV 2021) 52.203-14 Display of Hotline Poster(s) (NOV 2021) 52.203-17 Contractor Employee Whistleblower Rights & Requirements to Inform
Employees of Whistleblower Rights (JUN 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (JAN 2017) 52.204-7 System for Award Management (OCT 2018) 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 (JUN
2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or
Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm
FAC 2022-06 effective May 26, 2022
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)
52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021)
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
(OCT 2018)
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.210-1 Market Research (NOV 2021) 52.215-2 Audit and Records -- Negotiation (JUN 2020) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY
2018) 52.222-6 Construction Wage Rate Requirement (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (JUL 2021) 52.222-9 Apprentices and Trainees (JUL 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 (APR 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 Pricing Method) (AUG 2018) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-40 Notification of Employee Rights Under National Labor Relations Act (DEC
2010) 52.222-41 Service Contract Labor Standards (AUG 2018) 52.222-49 Service Contract Labor Standards—Place of Performance Unknown (May 2014) 52.222-50 Combating Trafficking in Persons (NOV 2021) 52.222-54 Employment Eligibility Verification (MAY 2022) 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026 (JAN
2022) 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction
Contracts (SEP 2013)
FAC 2022-06 effective May 26, 2022
52.223-3 Hazardous Material Identification and Material Safety Data Alt 1 (FEB 2021) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (Jun 2016) 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air
Conditioners (JUN 2016) 52.223-15 Energy Efficiency in Energy Consuming Products (MAY 2020) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction
Contracts (AUG 2018) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN
2020) 52.223-20 Aerosols (JUN 2016) 52.223-21 Foams. (JUN 2016) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.227-1 Authorization and Consent (JUN 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-16 Progress Payments (NOV 2021) Alt 1 (MAR 2000) 52.232-17 Interest (MAY 2014) 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 (OCT
2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 Disputes (MAY 2014) Alt 1 (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) 52.236-7 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)
FAC 2022-06 effective May 26, 2022
52.236-13 Accident Prevention (NOV 1991) Alternate I (NOV 1991)
52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)
Alternate I (APR 1984) Alternate II (APR 1984)
52.242-5 Payments to Small Business Subcontractors (JAN 2017) 52.242-13 Bankruptcy (JUL 1995) 52.242-14 Suspension of Work APR 1984 52.243-4 Changes (JUN 2007) 52.244-6 Subcontracts for Commercial Products and Commercial Services (JAN 2022) 52.246-12 Inspection of Construction AUG 1996
(DEVIATION APR 2020)
52.246-21 Warranty of Construction (MAR 1994)
Alternate I (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2020) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)
Alternate I (SEP 1996) 52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or
Removal of Improvements) (APR 2012) 52.249-10 Default (Fixed-Price Construction) (APR 1984)
Alternate I (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)
52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items
(May 2008)
(a) Definitions. As used in this clause— “Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item.
Postconsumer material is a part of the broader category of “recovered material.”
“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.
(b) The Contractor, on completion of this contract, shall—
(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and
(2) Submit this estimate to contracting officer/cor.
FAC 2022-06 effective May 26, 2022
52.225-9 Buy American Act-Construction Materials (NOV 2021)
(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 product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (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.
"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) 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 55 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. 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".
Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.
Foreign construction material means a construction material other than a domestic construction material.
Foreign iron and steel means iron or steel products not produced in the United States.
Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.
FAC 2022-06 effective May 26, 2022
Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.
"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 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.
(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:
[Contracting Officer to list applicable excepted materials or indicate "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 statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;
(ii) The application of the restriction of the Buy American statute 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.
FAC 2022-06 effective May 26, 2022
(c) Request for determination of inapplicability of the Buy American statute. (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 statute 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.
FAC 2022-06 effective May 26, 2022
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.
(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
Construction Material Description Unit of Measure Quantity Price (dollars)* Item1:
Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______
Item2:
Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______
[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].
[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]
[Include other applicable supporting information.]
52.225-11 Buy American Act-Construction Materials under Trade Agreements (NOV
2021)(DEVIATION JUL 2020)
(a) Definitions. As used in this clause-
Caribbean Basin country construction material means a construction material that–
(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.
Commercially available off-the-shelf (COTS) item-
FAC 2022-06 effective May 26, 2022
(1) Means any item of supply (including construction material) that is-
(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (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 an article, material, or supply incorporated directly into a construction material.
Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
Cost of components means-
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
Designated country means any of the following countries:
(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, FAC 2022-06 effective May 26, 2022
Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);
(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);
(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or
(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).
"Designated country construction material" means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.
Domestic construction material means-
(1) 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 55 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. 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…
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