A10_Amend_2_Construction_RFP_12970224R0032_0002.docx

Solicitation No: 12970224R0032 Batterson & Jerseydale New Construction DB Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

Conceptual Design

Subtotal

Design Development

Subtotal

Construction Documents

Subtotal

Administration

Subtotal

Construction

Subtotal

TOTAL

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Jerseydale Work Center: This project is to design and construct; One 6-Person Barracks and connect to existing utilities in the area. Demolish and disposed of existing barracks.

Construct a new prefab metal building 20ft x 30ft, 16ft height (one rolling door on one side 12ft wide & 14ft tall) with two restrooms on concrete foundation (fully insulated, connect to existing utilities water/electrical. Furnish and replace the entrance sign for the work center with foundation. Fully reconstruct access road/parking area; demolish/grind and repave 4” compacted in-place. Parking area/open areas to be resigned for proper elevations/drainage and repave.

The design portion of this project includes a third-party value analysis report. Provide outdoor small, shaded steel structure (picnic area/ benches) where the barracks (Batterson) and metal buildings (Jerseydale & Batterson) would be constructed.

The project consists of the design and construction of a new admin buildings to replace other facilities that were lost during the Creek Fire. The project will be delivered through a single award Design-Build Contract. The Design-Build Contractor (DBC) shall provide all labor, materials, supplies, equipment, transportation, geotechnical investigation, construction administration services, ancillary services and other necessary items to complete the Work.

The Work includes multi-disciplinary design based upon Forest Service-provided Project Definition Documents and existing designs that will be integrated and evolved into a complete set of construction drawings. Additional deliverables anticipated are a project manual, schedule of values, construction cost estimates, building and site design compliant with all building codes, agency space policies, security requirements, and any additional agency requirements. Upon final approval of the Complete Stamped and Signed Construction Documents, the building and site shall be constructed as designed and specified, according to all applicable laws and requirements.

Government’s Project Definition Documents (PDDs) The following attached documents describe the Government’s requirements and intent for the project:

· Project Program for the Sierra NF Batterson & Jerseydale New Construction, February 25, 2024

· Project Program: The Government's requirements for size, arrangement, organization, and location of functional spaces, description of space functions, identification of fittings, equipment, and furnishings, description of the physical and environmental requirements for each space, together with a description of the image, goals, or "mission" of the project.

· The Program will be validated, refined, and fixed during the Conceptual Design Verification Phase.

· Design and Construction Standards for Region 5, May 1, 2023.

· Project Manual Sections, February 25, 2024:

· Division 01 Sections:

· 012000 – Price and Payment Procedures

· 013000 – Administrative Requirements

· 014000 – Quality Requirements

· 015000 – Temporary Facilities and Controls

· 016000 – Product Requirements

· 017000 – Execution and Closeout Requirements

· 017800 – Closeout Submittals

· 017900 – Demonstration and Training

· 019000 – Commissioning

· Division 27 Section 271000 – Structured Cabling. Forest Service Provided Template after Award

· The DBC shall incorporate the Government provided sections into their Project Manual. Sections necessary for design definition and construction execution not provided by the Government shall be provided by the DBC during the design phase.

· Region 5 Standard Designs for Barracks.

General direction regarding Region 5’s Architectural Standards

· The design of the new facilities shall reflect and incorporate Region 5 aesthetics and materials as depicted in the Forest Service Standard Engine Garage and Barracks Drawings and Specifications provided. Incorporating the design elements helps provide architectural and design theme components that are harmonious with and complimentary to the natural environment setting and Regional Architecture Strategy.

In addition, the infrastructure shall:

· Be located, planned, and designed with respect for the natural systems in which they reside.

· Aesthetically integrate their natural, cultural, and experiential context.

· Contain design elements that reinforce a regional identity.

· Emphasize efficiency of energy and materials consumption in construction and operation.

· Create environments for people to enjoy and gain increased appreciation for the natural environment, and in which employees work productively, experiencing the connection to the resources they manage.

· Use wood and wood products where appropriate in the construction, alteration, repair and operation of infrastructure.

Collaboration and Integrated Project Delivery

· Within the constraints of a single award Design-Build contract, use the principles of the Integrated Project Delivery (IPD) delivery method to provide a collaborative approach to problem solving and project execution. The DBC shall:

· Initiate and maintain an integrated project team in all stages of a project, including key trades and suppliers.

· Achieve performance goals for siting, energy, water, materials, and indoor environmental quality, along with other project goals.

· Ensure incorporation of these goals throughout the design and lifecycle of the building, while considering all stages of the building’s lifecycle, including deconstruction.

· Minimize rework and directly integrate key trades into the design phase to minimize rework and overall level of effort to execute the project.

Government Coordination and Review:

· Any work done or orders for materials or services placed before the Contracting Officer’s approval shall be at the DBC's own risk. Government review periods are listed in the project manual.

· The Contracting Officer will provide all necessary written notification or direction to the DBC. A Contracting Officer’s Representative (COR) will co-ordinate the DBC’s project efforts with the Forest and Region.

Coordination with other work

· Work by Forest Service:

· Provision of telecommunications service, wireless access points, phones, routers, and switches.

· Work by others:

· Pending additional coordination: Utility Provider and County Period of Performance DBCs invited to submit Phase II proposals shall include a proposed Period of Performance as part of the proposal based upon an expected date of award provided in the Phase II RFP.

Time Periods and Milestone Dates Proposal: The time period during which prospective Offerors prepare their Proposals. The Proposal period ends on the date specified for submission of Proposals.

Conceptual Design Verification (CDV): The time period during which the design criteria are finalized and preliminary drawings and written descriptions are prepared to illustrate the proposed design of the work or a portion of the work to the Government. 35% Submittal required.

Design Development (DD): The time period during which the form, arrangement, size, and materials of the work or a portion of the work are determined. 65% Submittal required. At this stage, DBC shall conduct a third-party engineering value analysis for the project.

Construction Documents (CD): The time period during which process working drawings, specifications, and other documents describing the work or a portion of the work are prepared in sufficient detail to allow accurate and complete construction. The end of the Construction Documents period for the project as a whole is a Milestone. 95% and 100% submittals are required.

Construction: The time period from the beginning of work on the project site until final payment.

Substantial Completion: The date as defined in the Conditions of the Contract. Date of Substantial Completion is the due date for the following:

DBC's complete punch-list of items to be completed.

The Government's complete punch-list of items to be completed.

Compliance with requirements of governing authorities, for submittals, inspections, and permits.

Compliance with the Government's requirements for access to areas occupied by the Government.

Final cleaning.

Maintenance manuals.

Warranties.

Spare parts and extra materials.

Maintenance supplies and tools.

Project record documents including As-built drawings Final site survey.

Maintenance plan.

Closeout: The time period during which all details of both construction and commissioning are completed.

The Closeout period is the time from Date of Substantial Completion until final payment, both as defined by the Conditions of the Contract.

Before and during the Closeout period, the Government will ascertain whether the completed project complies with Contract Documents.

Training of the Government's personnel in operation and maintenance occurs during the Closeout period, unless specifically indicated otherwise for certain items.

Occupancy: The time period during which the project is occupied for its intended purpose.

The Occupancy period begins at Date of Substantial Completion, as defined by the Conditions of the Contract.

Move-in will occur before the end of the Closeout period.

The Government is responsible for operation and maintenance of the project during the Occupancy period.

Government Review Periods: Government review periods are listed in the Project Manual

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

The construction magnitude is Between $5,000,000 and $10,000,000.

C.4 TECHNICAL SPECIFICATIONS

See Section J.

452.211-72 Statement of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

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.

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)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within ___14__ 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 ____360___. The time stated for completion shall include final cleanup of the premises.

F.2 OTHER REQUIREMENTS

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

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 14 days after the date of contract award. The conference will be held virtually via Microsoft Teams.

G.2 OTHER REQUIREMENTS

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

452.228-71 Insurance Coverage (NOV 1996) (Alternate I) 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.

(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.

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following 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.

H.2 OTHER REQUIREMENTS Comment by Johnson, Melissa -FS: Add any other special contract requirements as applicable Cultural Resources:

As part of the NEPA coordination, if archeological resources are discovered at the project site, all work in the vicinity of the discovery must stop immediately, and the discovery must be reported to the Contracting Officer and the Government will coordinate with tribal liaisons.

Construction Health and Safety Plan Accident Prevention Program:

Prior to the Preconstruction Meeting submit a Construction Health and Safety Plan. The program must be accepted by the Government before any on site work can begin.

The program shall comply with OSHA and project requirements. Include the following:

Name of responsible supervisor to carry out the program Periodic safety meetings First aid procedures Outline of each phase of work, hazards associated with each phase and methods proposed to ensure property protection, and safety of the public, the Government’s staff, and DBC employees Training Planning for possible emergency situations Housekeeping and fire protection Accident Reporting: Reportable accidents, defined as death, occupational disease, traumatic injury to DBC’s personnel, Government employees or the public, property damage of any accident in excess of $100, and fires shall be reported within seven (7) days. Complete an Accident/Property Damage Report and forward to the Contracting Officer.

Quality Assurance: Ensure that all employees are physically qualified to perform their assigned duties in a safe manner. Do not allow employees to work if their abilities are impaired. Operators of all equipment shall be able to understand signs, signals and operating instructions, and be capable of operating such equipment.

Accident Prevention Products: Provide the following:

First aid facilities.

Personnel protective equipment: Meet NIOSH standards.

Emergency instructions, including telephone numbers and reporting instruction for ambulance, physician, hospital, fire department and forest police. Place in conspicuous locations at the worksite.

Adequate egress at all times in accordance with the Life Safety Code (NFPA 241).

Hard hats for all employees and for up to six visitors.

Designate and post signs in all hardhat areas.

Training: Provide training for first aid and hazardous material handling and storage.

Commissioning Services The DBC shall provide all commissioning services for this contract

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) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021)

52.232-27 Prompt Payment for Construction Contracts (JAN 2017)

Alternate II (APR 1984)

52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—PROHIBITION (DEC 2023)

(a) Definitions. As used in this clause— Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition.

(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5)

(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement.

(1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)

(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the contract;

(D) Name of the covered article or source subject to a FASCSA order;

(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;

(F) Brand;

(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(H) Item description; and

(I) Any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:

(A) Any further available information about mitigation actions undertaken or recommended.

(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.

(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order.

(e) Subcontracts.

(1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.

(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts.

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 christopher.keck@usda.gov

52.225-11 Buy American Act-Construction Materials under Trade Agreements Alternate 1 (NOV 2023)

(a) Definitions. As used in this clause— Bahraini, Mexican, or Omani construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of Bahrain, Mexico, or Oman; 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 Bahrain, Mexico, or Oman into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials. (1) This clause implement 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 material, excluding COTS fasteners. (See 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and all the Free Trade Agreements except the Bahrain FTA, United States-Mexico-Canada Agreement, and the Oman FTA apply to this acquisition. Therefore, the Buy American statute restrictions are waived for designated country construction materials other than Bahraini, Mexican, or Omani construction materials.

(2) The Contractor shall use only domestic or designated country construction material other than Bahraini, Mexican, or Omani construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of 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—

(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.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

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, North Macedonia, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, 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, Saint 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 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.

(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.