1267T018Q0044.docx

1267T018Q0044 Signal Well Development Nebraska National Forests & Grasslands

Non Discrimination Statement The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

This procurement requires the use of biobased products to the extent that such products are reasonably available, meet agency or relevant industry performance standards, are reasonably priced. Where available, these products should first be acquired from among qualified products that fall under the umbrella of items designated through the Federal Biobased Products Preferred Procurement Program (FB4P).

For more information on biobased program: http://www.biopreferred.gov To locate biobased products: http://www.biopreferred.gov

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

2018 Stock Water Well Development and Decommissioning Porcupine North #201 Developing Stock Well Bessey Ranger District Nebraska National Forests and Grasslands

Bid Item

Description

Type Msrmt.

Unit

Quantity

Unit Price

Total

TOTAL BASE BID

Porcupine North #121 Developing Stock Well Bessey Ranger District Nebraska National Forests and Grasslands

OPTION BID 1

Bid Item

Description

Type Msrmt.

Unit

Quantity

Unit Price

Total

OPTION BID 1

Signal Hill #222 Developing Stock Well Bessey Ranger District Nebraska National Forests and Grasslands

OPTION BID 2

Bid Item

Description

Type Msrmt.

Unit

Quantity

Unit Price

Total

OPTION BID 2

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

DESCRIPTION OF WORK

Purpose of the project is to develop one new non-potable stock water well and decommissioning the two existing wells. There are two optional items the first item includes developing two new non-potable wells and decommissioning two wells and the second includes providing and installing two new solar pumps, two new 30ft. livestock watering tanks. Optional Items work will be awarded based on funding.

PROJECT LOCATION

Project is located on the Bessey Ranger District of the Nebraska National Forests and Grasslands and the Samuel R. McKelvie National Forest.

PRICE RANGE

The Government’s estimate is between $25,000 and $100,000.

APPLICABLE SPECIFICATIONS (ROAD PROJECTS)

Standard and Supplemental Specifications for FP-03 shown in the specification listing contained in the attachments are applicable to this contract. All specifications not included in the specification listing but referenced by listed specifications, are applicable. The Supplemental Specifications shown on the specification list are physically attached.

AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

Biobased Products The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation

Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.

The following is a list of categories for biopreferred products that are required for performance of this service contract.

Equipment Lubricants, Hydraulic Fluids, Fuel Additives, Engine Oils, Office Products (Ink, paper, cleaning products)

For more information regarding the Department of Agriculture Biobased Program go to: http://www.biopreferred.gov.

SECTION 01010

SUMMARY of work

PART 1 - GENERAL

1.

1.1 SUMMARY:

A. This project involves base bid items for developing one (1) new non-potable stock water well (Porcupine North #201) and decommissioning (1) associated wells (Porcupine North #201) in the Porcupine North pasture of the Bessey Ranger District.

B. Option bid include developing two (2) new non-potable stock water wells (Porcupine North #121 and Signal Hill Natural Research Area #222) and decommissioning two (1) associated wells (Porcupine North #121).

C. Additional work shall be to provide and install solar pump (Grundfos SQ Flex Submersible Pump-11SQF-2 or equal), provide and install two (2) new 30-ft livestock watering tank (12 gauge galvanized steel with flanged top), provide and install new solar panel system with appropriate accessories to provide at least 790 watts, register the new developed wells and decommission wells per NDHHS requirements, and remove tower, head, and fans of decommissioned wells and place at Bessey Ranger District Office.

D. All work shall meet the applicable Nebraska Department of Health and Human Services (NDHHS) Title 178, Water Well Standards, Chapter 12.

1.2 LOCATIONS:

A. Project site is located on the Bessey Ranger District of the Nebraska National Forests and Grasslands (near Halsey, NE). Project locations are identified by allotment names with corresponding well number. The project locations are as follows:

1. Bessey Ranger District:

a. Porcupine North #201- Take Hwy. 2 to the Forest entrance at State Spur 86B. Cross the railroad tracks, then the Middle Loup River. Go straight to the end of the road; turn east at the recreation building. Turn south on Forest Road 223 to go up the hill. Take the 223 road (approx.1 mile) until you reach an administrative road west to #201. Access into the Porcupine North will be coordinated with the Forest Service. This site is accessed by sand trails and may be difficult to reach. It is advised potential contractors visit the site to determine if they can get their equipment to the site to complete the project as described.

b. Porcupine North #121- Take Hwy. 2 to the Forest entrance at State Spur 86B. Cross the railroad tracks, then the Middle Loup River. Go straight to the end of the road; turn east at the recreation building. Turn south on Forest Road 223 to go up the hill. Take the 223 road (approx. ½ mile) until you reach an administrative road west to #121. Access into the Porcupine North will be coordinated with the Forest Service. This site is accessed by sand trails and may be difficult to reach. It is advised potential contractors visit the site to determine if they can get their equipment to the site to complete the project as described.

c. Signal Hill #222 – Take Hwy. 2 to the Forest entrance; turn south on State Spur 86B. Follow State Spur 86B to Forest Road 203 west. Take the 203 road for about 13 miles until you reach the Signal Hill Research Natural Area (SHRNA). Alternately, take the Gaston Road (Forest Road 259) located about 2 miles east of Thedford. Follow the Gaston Road south for about 13 miles to the SHRNA. Access into the SHRNA will be coordinated with the Forest Service. This site is accessed by off road travel and will be very difficult to reach. The site may also require work to be done at specific times of year i.e. when the ground is frozen. It is advised potential contractors visit the site to determine if they can get their equipment to the site to complete the project as described.

1.3 EXISTING CONDITIONS:

A. The project area is within the Sandhills region of Nebraska. Once off Highway 2 the project well site access roads are 4wd two-track sand roads with soft spots. Coordinate with the Forest Service on routes to use getting to the sites. The directions shown above under “Locations” are suggested routes, alternative routes may be used as approved by the Forest Service.

B. The contractor is responsible for supplying water for the drilling process. Water for drilling purposes may be taken from any close-by Forest Service stock well, if operable, or as approved by the Forest Service.

C. Existing wells – Well number with allotment name, year drilled and approx. lengths of casings (if known) are as follows:

1. Bessey:

D. All well locations shall be located by the Government and marked with flagging.

1.4 CONTRACTOR USE OF PREMISES:

A. During the construction period, the Contractor will have full use of the area. Be aware cattle may be utilizing the pastures during this work period and plan accordingly.

B. A site shall be agreed upon between the Contracting Officer (CO) and contractor to use as a mud pit to allow for the settlement of cuttings and circulation of drilling fluids, if needed. Once drilling is complete, the contractor shall bury the mud pit in a way that will not endanger livestock or vehicular travel.

1.5 FIELD VERIFICATION:

A. The Contractor shall be responsible for field verifying the locations of this work and any access issues prior to work commencing.

1.6 GENERAL:

A. Meals and lodging are commercially available in Halsey, Thedford, and Valentine, Ne.

B. The Contractor is responsible for contacting Diggers Hotline prior to any construction activities.

END OF SECTION 01100

SECTION 01025

DEFINITION OF BID ITEMS

AND

MEASUREMENT AND PAYMENT

PART 1 - GENERAL

1.1 SUMMARY

For items that are measured by the linear foot, such as well casing pipe, measurements shall be measured along center of invert.

1.3 UNITS OF MEASUREMENT

1.4 DEFINITION OF BID ITEMS

PART 2 - METHOD OF MEASUREMENT

2.1 GENERAL

A. One of the following methods of measurement for determining final payment is designated on the Schedule of Items for each pay item:

1. ACTUAL QUANTITIES (AQ)

a. These estimated quantities which are determined from actual measurements of completed work.

2. LUMP SUM QUANTITIES (LSQ)

b. These quantities denote one complete unit of work as required by or described in the contract, including necessary materials, equipment, and labor to complete the job. They shall not be measured.

PART 3 - EARTHWORK TOLERANCE

3.1 NA

END OF SECTION 01025

SECTION 15441A

SOLAR PUMPS

PART 1 – GENERAL

1.1

SUMMARY

A. This Section includes solar pumps for non-potable stock water systems.

PART 2 – PRODUCT

2.1

MANUFACTURERS

A. In other Part 2 articles where subparagraph titles below introduce lists, the following requirements apply for product selection:

1. Available Manufacturers and Model:

a. Gruntfos SQ Flex Submersible Pump – 11SQF-2 or equal

2.2 PUMPS, GENERAL

2.3 SPEC WRITER: COMPACT CIRCULATORS: SMALL CIRCULATING PUMP, OFTEN A REPLACEABLE-CARTRIDGE TYPE WITH A PLASTIC IMPELLER. IT IS USUALLY CAPABLE OF ONLY LOW CAPACITY (FLOW) AND HEAD, AND IS RATED FOR UP TO 125-PSIG (860-KPA) WORKING PRESSURE. USE COMPACT CIRCULATORS FOR LOW-COST AND VERY LOW-CAPACITY CIRCULATING SYSTEMS.

COMPACT CIRCULATORS

A. Description: Horizontal, in-line, replaceable-cartridge-design circulator; rated for 125-psig (860-kPa) minimum working pressure and minimum continuous water temperature of 225 deg. F deg. C).

2. Pump and Motor Assembly: On common shaft in hermetically sealed unit without stuffing box or mechanical seal, and with manufacturer's standard cooling and lubrication system.

2.4 SPEC WRITER: IN-LINE CIRCULATORS: PUMP SIMILAR TO A HORIZONTAL IN-LINE PUMP, BUT MADE TO LESS CRITICAL REQUIREMENTS. IT IS USUALLY LIMITED TO LOW CAPACITY AND A 125-TO 175-PSIG (860-TO 1200-KPA) WORKING-PRESSURE RATING. USE IN-LINE CIRCULATORS FOR MORE RELIABLE, LOW-CAPACITY CIRCULATING SYSTEMS.

IN-LINE CIRCULATORS

A. Description: Horizontal in-line circulator, rated for 125-psig (860-kPa) minimum working pressure and minimum continuous water temperature of 225 deg F (107 deg C).

1. Available Manufacturers:

2.5 SPECWRITER: HORIZONTAL IN-LINE PUMPS: FULL-SERVICE PUMP MADE TO BE HORIZONTALLY MOUNTED. IT HAS A 175-PSIG (1200-KPA) MINIMUM WORKING-PRESSURE RATING. IT IS NOT LIMITED IN CAPACITY, BUT A LOARGE UNIT SHOULD BE SUPPORTED SEPARATELY FORM THE CONNECTED PIPING. USIS HORIZONTAL IN-LINE PUMPS FOR HIGH-CAPACITY CIRCULATING SYSTEMS AND WATER DISTRIBUTION.

HORIZONTAL IN-LINE PUMPS

PART 3 – EXECUTION

3.1

INSTALLATION

3.2 CONNECTIONS

END OF SECTION 15441

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

SECTION F--DELIVERIES OR PERFORMANCE

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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

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 30 calendar days. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract).

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

AGAR 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 at a mutually agreed upon location.

Payment will be made at the awarded bid item price for satisfactorily completed work. Partial payment may be authorized by the Contracting Officer.

This contract incorporates the Davis Bacon Wage Rates. Weekly payrolls are mandatory and must be turned into the Contracting Officer Representative for review and approval. Invoices will not be processed until acceptable payrolls have been received.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

FIRE PREVENTION AND CONTROL

(a) Tools and equipment. The Contractor shall furnish and maintain in a serviceable condition one shovel, size O or larger, for each employee working in the project area. The shovels may be stored in the employees private vehicle or the contractor's vehicles, but must be readily available to each employee while in the project area.

For each skid steer, yarder, loader, jammer, chipper, crawler tractor, skidder, hauling truck, portable welder, or comparable type equipment, the Contractor shall furnish one shovel, size O or larger, attached to each unit and one two and one-half pound or larger dry chemical or four pound or larger carbon dioxide type fire extinguisher attached to each unit.

For each power saw, soil auger, portable pump, or like powered equipment, the Contractor shall furnish one shovel, size 0 or larger, and one dry chemical fire extinguisher, 8 ounce or larger, immediately available to the operator of the equipment. The fire extinguisher shall be with the operator of the equipment; the shovel may be with the fuel can used to refuel the equipment.

Refueling of the equipment shall be done in an area cleared and void of flammable materials. Power saws shall be moved from the spot of refueling before starting.

(b) Fire Prevention –

The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor’s agents or employees.

Blasting - Advance approval in writing is required from the District Ranger. The use of fuses shall not be permitted, except near power lines where the danger of accidental detonation is present. Use of prima cord will not be allowed in clearing operations where flammable materials are present. A watchman will remain on site for at least one hour after detonation in areas of blasting where flammable fuels are present. Explosives will be stored at all times in a locked box marked "Explosives." All Federal, State, and local laws concerning the use and storage of explosives shall be followed.

Fire Orders/moratoriums – Any fire order issued during the contract will become a requirement of the contract.

Gas and Oil Use and Storage - Gasoline will be stored and transported only in metal containers with tight caps or seals. Gas and oil drum storage areas will be cleared of all flammable material for a distance of 50 feet around the drums. Storage areas will be posted with "No Smoking" signs. Oil filters, oil cans, oily rags, etc., will be removed from the project area and discarded in proper waste disposal receptacles or sites.

Open Fires - In accordance with State and local regulations. Pursuant to 36 CFR 261.50a the following is prohibited on each National Forest or National Grasslands in the Rocky Mountain Region:

Operating or using any internal or external combustion engine on any timber, brush or grass covered land, including trails traversing such land, without a spark arrester, maintained in effective working order, meeting either (i) Department of Agriculture, Forest Service Standard 5100-1a; or (ii) the 80 percent efficiency level determined according to the appropriate Society of Automotive Engineers (SAE) recommended Practices J335 and J350.

Violation of this regulation and the general prohibitions of 36 CFR 261.3 to .20 is punishable by a fine of not more than $500 or imprisonment for not more than 6 months or both.

Smoking - Smoking is prohibited while operating tractors or open-type vehicles, or while walking or working in an area with flammable fuels.

Welding - All flammable materials will be cleared for a minimum distance of 10 feet around any welding operation. Fire extinguishers and fire tools are required as shown in Section B-1(b).

SAFETY PLAN

(a) The Contractor shall provide a copy of their safety plan at the pre-work meeting.

(b) The Safety Plan should be available to all employees and subcontractors working on the contract.

(c) The Safety Plan should cover at a minimum:

i. Safety briefings covering the area working in, equipment being used, and any special considerations for the work under the contract

ii. Personal Protective Equipment required for the work under the contract

iii. Appropriate OSHA requirements for the type of work under the contract

iv. Weather considerations for the time of year of the contract.

v. Communication issues and locations of the nearest medical facilities to the job site.

vi. Emergency numbers to contact if an accident happens.

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):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.209-6 Protecting the Government's Interest when Subcontracting

(AUG 2011)

52.232-27 Prompt Payment for Construction Contracts (MAY 2014)

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)

Alternate I (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) (Applicable if contract is over $30,000)

IFAR 52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT

(OCT 1997)

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

(a) The Schedule (excluding the specifications)

(b) Representations and other instructions

(c) Contract clauses

(d) Other Documents, exhibits, and attachments

(e) The Specifications

FAR 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

FAR 52.217-7 OPTION FOR INCREASED QUANITITY – SEPARATELY PRICED LINE ITEM. (MAR 1989) The Government may require the delivery of the numbered line item, 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 90 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 90 calendar days.

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 an article, material, or supply incorporated directly into a construction material.

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

“Cost of components” means—

(3) 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

(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:

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 6 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.

(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.

(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…