1305M220QNWWR0224.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

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.

d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

See Attached

STANDARD FORM 1442 (REV. )

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( )

20b. SIGNATURE 20c. OFFER DATE

STANDARD FORM 1442 (REV. ) BACK

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Remove and install new asphalt road on RDA access road for the NWS in White Lake, MI.

NAICS CODE: 237310 (Highway, Street, and Bridge Construction - including asphalt paving) with an applicable size standard of $39.5m. The corresponding Product Service Code (PSC) is Y1LB.

This Request for Quote (RFQ) is 100% set aside for small businesses.

FAR 36.204 - DISCLOSURE OF THE MAGNITUDE OF

THE CONSTRUCTION PROJECT: The magnitude of this project is between $25,000 and $100,000

FAR 28.102-1(b): The Contracting Officer has selected the two following payment protections: a payment bond;

or an irrevocable letter of credit (ILC).

Davis-Bacon Wage Determination # MI20200001 (Modification 7, dated July 2, 2020) is applicable to this solicitation.

The Government intends to award a Firm Fixed-Price purchase order in accordance with the procedures of FAR Parts 13 (Simplified Acquisition Procedures) and 36 (Construction and Architect-Engineer Contracts).

The quoter shall provide pricing on a firm fixed price basis, inclusive of all costs.

The Government Point of Contact (GCP) for this project is David Ginnett who can be reached at David.Ginnett@noaa.gov or 636-329-8349. Any vendor interested in scheduling a site visit must contact and receive approval from David Ginnett at least 24 hours in advance.

INVOICING: All invoices shall be submitted via email to David Ginnett at David.Ginnett@noaa.gov with a copy to the Contracting Officer

0001 CONTRACTOR SHALL PROVIDE ALL PERSONNEL,

TOOLS, MATERIALS, LABOR, EQUIPMENT, AND

SUPERVISION TO COMPLETE THE REPLACEMENT

AND INSTALLATION OF THE ASPHALT ROAD

BEHIND THE WEATHER FORECAST

OFFICE LOCATED IN WHITE LAKE, MI IN

ACCORDANCE WITH THE TERMS AND CONDITIONS

CONTAINED HEREIN, THE ATTACHED STATEMENT

OF WORK, DRAWING, AND APPLICABLE WAGE

DETERMINATION.

1.00 JB

PAGE 3 OF 58 1305M220QNWWR0224

Table of Contents

STATEMENT OF WORK

ATTACHMENT A - DRAWING

INSTRUCTION FOR SUBMITTING QUOTES

EVALUATION CRITERIA

SUBMISSION OF INVOICES

SCHEDULE OF DELIVERABLES

52.204-13SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2016)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (MAR 2020)

52.219-28POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (MAY 2020)

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

52.222-8 PAYROLLS AND BASIC RECORDS (AUG 2018)

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 2104)

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 2015)

52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019)

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP

2013)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (AUG

2018)

52.223-18ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (DEC 2007)

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY 2014)

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (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)

52.236-2 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)

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR

1984)

52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

52.236-12 CLEANING UP (APR 1984)

52.236-13 ACCIDENT PREVENTION (NOV 1991)

PAGE 4 OF 58 1305M220QNWWR0224

Table of Contents

52.236-17 LAYOUT OF WORK (APR 1984)

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

52.242-14 SUSPENSION OF WORK (APR 1984)

52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM) (APR 1984)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

52.213-4 - TERMS AND CONDITIONS - SAP

52.225-9 BUY AMERICAN--CONSTRUCTION MATERIALS (MAY 2014)

52.228-11 PLEDGES OF ASSETS (APR 2020 DEVIATION)

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

1352.228-70 INSURANCE COVERAGE (APR 2010)

1352.237-75 KEY PERSONNEL (APR 2010)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

1330-52.243-70REQUESTS FOR EQUITABLE ADJUSTMENT (OCT 2017)

1330-52.270-304NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

52.222-5 Construction Wage Rate Requirements Secondary Site of the Work (May 2014)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR

CONSTRUCTION (FEB 1999)

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

1352.215-72 INQUIRIES (APR 2010)

1352.233-70 AGENCY PROTESTS (APR 2010)

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

DAVIS BACON WD - OAKLAND COUNTY, MI

PAGE 5 OF 58 1305M220QNWWR0224

CLAUSES

STATEMENT OF WORK

PAGE 6 OF 58 1305M220QNWWR0224

Statement of Work DTX-Detroit Michigan

National Weather Forecast Office RDA Asphalt Road Repairs

Scope: The Contractor shall provide all personnel, materials, labor, equipment, and supervision to complete the RDA Asphalt Road replacement/repair at the White Lake, MI (DTX) National Weather Service (NWS) Weather Forecast Office (WFO) according to the attached drawing (see Attachment A). This will take place from the existing gate at the WFO parking lot up to the RDA (Radar) Security fence.

Location:

NWS Weather Forecast Office 9200 White Lake Road White Lake, Michigan 48386-1126

Government Contact Point (GCP): David Ginnett (636-329-8349)

Description of Work: Quote will include complete removal of existing asphalt pavement road and subbase 8” below asphalt. Compact existing subbase, add new 8” base in lifts by mechanical compaction, install 4” asphalt in 2” lifts, compacted then seal coat and seal joints.

Saw cuts will be performed at both ends of the road and at Upper Air Inflation Building (UAIB) turn-a-round. Asphalt will be removed and disposed off-site or recycled and/or re-used as a base or recycled for new asphalt.

Before any work is started; Contractor will have an Electrician on site to locate & mark existing RDA Grounding Ring prior to excavating.

Contractor will also contact local “locate” company to be sure all utilities are located & marked.

Excavate both existing asphalt and then existing 9” subbase aggregate while maintaining elevation

(curvature in road) and slope per industry standards. Some of the material should be stockpiled (if acceptable) for use if over-excavation occurs or as material needs to be replaced (If up to road standards). Dispose all removed materials in accordance with local and State regulations. When all work is completed, the remaining stockpiled material shall be removed.

Prepare and mechanically compact sub-grade and then supply & install 8” of # 22A of the correct subbase in lifts and mechanically compact in lifts. Any areas that yield, pump, or contain possible organic soil or other obviously objectionable material shall be removed and replaced with the new correct materials. Subbase shall be compacted to a minimum of 95% of maximum dry density as determined by the modified proctor test. Unsuitable materials, such as organic, spongy soil, rubble, trash, debris, or tree roots encountered within the limits of the work shall be removed and replaced with recommended rock fill. Rock fill shall not contain the above materials or rocks and hard clumps greater the three inches in size. Nesting of rocks shall not be permitted. At least 80 percent of the material provided for rock fill shall be smaller than ¾” inch in size. Low areas resulting from removal of unsatisfactory material shall be brought up to required grade with satisfactory materials and mechanically compacted, the entire subgrade shall be shaped to line, grade, cross section, and compacted to keep a standard curvature in the road to shed water.

Base Compaction shall be accomplished by sheep foot rollers, pneumatic-tired compact roller equipment, steel-wheeled rollers, vibratory compactors, or other approved equipment well suited to the type of material being compacted.

Sub-base shall be compacted to a minimum of 95% of maximum dry density as determined by the modified proctor test.

PAGE 7 OF 58 1305M220QNWWR0224

Apply tack coat and a prime coat to the aggregate subbase of the area where asphalt was removed and new base installed.

Place a composite bituminous layer per the Michigan Department of Transportation (MDOT) specification gradation consisting of one 2 inch lift of 13A for leveling base course and one 2 inch lift of 5E1 for the wearing course.

Contractor shall restore the area around the work area to its original condition, which includes grading and side loading the road by 12” on each side of new asphalted road areas and leveling the disturbed areas.

Completion Date: This project shall be complete within 60 days from the date of notice to proceed.

The estimated start date is between August 1 and September 1, 2020. If any delays are expected, the Contracting Officer (CO), or GCP shall be notified as soon as possible to coordinate the modification.

Inspections and Acceptance: Upon completion, before invoicing and Release of Claims, contractor will notify the GCP for approval and/or acceptance.

Terms of the SOW:

1. The Contractor shall designate a local supervisor representative to the contract site, with contact numbers, for the MIC/ GCP to communicate with about the quality or work, progress, and technical details of the project. Neither the local representative nor the GCP has the authority to modify the contract in any manner which might affect the cost thereof.

2. The contractor will be responsible for the scheduling and coordination of work on the site with the GCP. This will include any required outages. In the event severe weather occurs within the warning area of the work site, all work being performed by the contractor may be halted by the local Meteorologist in Charge (MIC). Work stoppage due to severe weather in the warning area is not negotiable and all work will stop immediately.

3. All areas will need to be kept clean on a daily basis

4. Cones, caution tape, and safety devices will be required to be set by contractor in all areas where work is to take place.

5. Unless otherwise approved, the Contractor shall schedule all work Monday through Friday with work hours between the hours of 7:00 am and 5:00 pm local time. Longer work days and work on Saturday may be approved; however, no work will be performed on Sundays or Federal Holidays. The Contracting Officer and the GCP shall be notified when changes in the project schedule are requested along with the reason.

6. The Contractor shall be responsible for removal and disposal of all unused materials and placed equipment. All disposals shall conform to Federal, State and local environmental regulations.

7. The Government reserves the right to inspect for quality control at any point during the maintenance process.

8. Warranty on all work & materials is 1 year.

END OF SOW

ATTACHMENT A - DRAWING

PAGE 8 OF 58 1305M220QNWWR0224

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INSTRUCTION FOR SUBMITTING QUOTES

1352.213-71 INSTRUCTIONS FOR SUBMITTING QUOTES

1) GENERAL QUOTE INFORMATION

Quotes shall conform to the Request for Quote Terms and Conditions and be prepared in accordance with the guidelines of this section.

2) GENERAL QUOTE SUMISSION INSTRUCTIONS

a. Quoters shall email their quote by the closing date and time listed in Box 13a. of the SF 1442 to alex.williams@noaa.gov. Quoters must confirm receipt of their email quote.

b. General Content should include;

- Evidence of a current System Award Management (SAM) registration documenting size status and other socioeconomic qualifications (https://www.sam.gov);

- Evidence of financial responsibility, capacity, and capability to perform the project (i.e. income statements or bank letter);

- Documents that are proof/evidence that shows the Quoter has all of the applicable licenses as required through local ordinances, under State and Federal laws for the performance of work under any order that may result from the Request for Quote; and

- Submit quote on the Standard Form (SF) 1442

- DUNS number and associated CAGE code

c. Technical Content should include:

- Technical Experience. This section shall contain the Quoter’s experience in performing the same or similar type work. Quote shall include a description of the project; location of project; dollar value of project; name of Project Manager and Site Superintendent.

Quoter shall identify a minimum of two (2), maximum of five (5) projects similar in scope and magnitude to the requirements identified in the SOW.

- Key Personnel. Identify Project Manager and Site Superintendent that will be assigned to the project. Fill in clause 1352.237-75, KEY PERSONNEL

d. Past Performance should include:

- Contact information for references on a minimum of two, maximum five projects identified under Technical Experience. Contact information shall include, the name, address, phone number, and email address for each point of contact.

In addition to contacting the references, the Government reserves the right to consider information obtained from sources other than those provided by the Quoter.

e. Price Quote shall include:

- A price breakdown of materials, labor, overhead, and profit, including but not limited to the following:

a. Demolition;

b. Labor;

c. Materials;

d. Equiptment;

e. Subcontracts (if applicable);

f. Total Price;

3) INQUIRIES

All technical questions concerning this requirement must be submitted by email to alex.williams@noaa.gov no later than five calendar days after the issuance date of this Request for Quotation.

EVALUATION CRITERIA

1352-213.70 EVALUATION USING SIMPLIFIED ACQUISITION PROCEDURES (APR 2010)

The Government will issue an order resulting from this Request for Quotation to the responsible quoter whose quotation results in the best value to the Government, considering both price and non-price factors.

The following factors will be used to evaluate quotations:

PAGE 9 OF 58 1305M220QNWWR0224

NON-PRICE FACTORS (Technical Experience and Past Performance) when combined are equally as important as PRICE.

1. Technical Experience The quoter shall demonstrate relevant experience and demonstrate the extent and depth of its technical knowledge of, understanding of, and approach to the requirements identified in the SOW.

2. Past Performance The quoter's past performance on related contracts will be evaluated to determine, as appropriate;

relevancy, successful performance of contract requirements, quality and timeliness, of delivery of goods and services, cost management, communications between contracting parties, proactive management, and customer satisfaction.

In addition to contacting the references, the Government reserves the right to consider information obtained from sources other than those provided by the Quoter.

3. Price NOAA will evaluate the quoter's proposed prices for fairness and reasonableness in relation to this RFQ's requirements.

(End of provision)

SUBMISSION OF INVOICES

The contractor shall prepare and submit an invoice to the Government Contact Point with a copy to the Contracting Officer. Invoices shall be submitted in accordance with this clause and Federal Acquisition Regulation clause 52.232-5, entitled “Payments Under Fixed-Price Construction Contracts:

and clause number 52.232-27, entitled “Prompt Payment for Construction Contracts” referenced elsewhere herein.

To constitute a proper invoice, the document must include the items listed in paragraphs (1) through

(7) of this section. If the invoice does not comply with these requirements, it will be returned within 7 days after the date the designated office received the invoice with a statement of the reasons why it is not a proper invoice.

1) Name and address of the contractor;

2) Invoice date (Contractors are encouraged to date invoices as close to the mailing date as possible);

3) Contract or Purchase Order Number and Line Item Number ;

4) Description of services performed;

5) Contractors are strongly encouraged to assign a sequential invoice number system;

6) Name, title, phone number and mailing address of person to be notified in the event of a defective invoice; and

7) Certification that Subcontractors working on the project have been paid per Federal Acquisition Regulation 52.232-5(c).

PAGE 10 OF 58 1305M220QNWWR0224

SCHEDULE OF DELIVERABLES

PAGE 11 OF 58 1305M220QNWWR0224

1330-52.215-70 Schedule of Deliverables

The following is a schedule of all deliverables, including administrative deliverables, required during the period of performance of this contract:

52.222-8 Payrolls and Basic Records

(AUG 2018)

The contractor shall submit payrolls in accordance with the clause.

52.228-13 Alternative Payment Protections (July 2000)

The contractor shall submit one of the following payment protections if the awarded amount exceeds $35,000.00: A payment bond, or an irrevocable letter of credit (ILC).

Required within 10 calendar days after award

1352.228-70, INSURANCE

COVERAGE, AND 52.228-5

INSURANCE – WORK ON A

GOVERNMENT INSTALLATION

Insurance coverage shall be provided in accordance with the clause. Proof of insurance shall be submitted before commencing work under this purchase order.

1352.209-74(c), Organizational Conflict of Interest

(c)… The Contractor agrees it shall make an immediate and full disclosure, in writing, to the CO of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the Contractor’s impartiality because of the appearance or existence of bias or unfair competitive advantage. Such disclosure shall include a description of the actions the Contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest… (f)…If the subcontractor’s organizational conflict cannot be avoided, neutralized, or mitigated, the Contractor must obtain the written approval of the CO prior to entering into a subcontract.

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(Reference 52.204-13)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2016)

(Reference 52.204-18)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) (Reference 52.204-19)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015) (Reference 52.209-10)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (MAR 2020)

(Reference 52.219-6)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (MAY 2020)

(Reference 52.219-28)

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

(Reference 52.222-6)

52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

(Reference 52.222-7)

52.222-8 PAYROLLS AND BASIC RECORDS (AUG 2018)

(Reference 52.222-8)

52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

(Reference 52.222-9)

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

(Reference 52.222-10)

52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

(Reference 52.222-11)

52.222-12 CONTRACT TERMINATION--DEBARMENT (MAY 2014)

(Reference 52.222-12)

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY 2014) (Reference 52.222-13)

52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

(Reference 52.222-14)

52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2104)

(Reference 52.222-15)

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 2015)

(Reference 52.222-27)

52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019)

(Reference 52.222-50)

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)

(Reference 52.222-55)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)

(Reference 52.222-62)

PAGE 12 OF 58 1305M220QNWWR0224

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013) (Reference 52.223-2)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

(Reference 52.223-5)

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (AUG 2018) (Reference 52.223-17)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020) (Reference 52.223-18)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

(Reference 52.225-13)

52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (DEC 2007)

(Reference 52.227-4)

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

(Reference 52.228-2)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY 2014)

(Reference 52.228-12)

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

(Reference 52.228-14)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

(Reference 52.232-5)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

(Reference 52.232-23)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

(Reference 52.232-27)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT (OCT 2018) (Reference 52.232-33)

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

(Reference 52.236-2)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

(Reference 52.236-3)

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

(Reference 52.236-5)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

(Reference 52.236-6)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

(Reference 52.236-7)

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984) (Reference 52.236-9)

PAGE 13 OF 58 1305M220QNWWR0224

52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

(Reference 52.236-10)

52.236-12 CLEANING UP (APR 1984)

(Reference 52.236-12)

52.236-13 ACCIDENT PREVENTION (NOV 1991)

(Reference 52.236-13)

52.236-17 LAYOUT OF WORK (APR 1984)

(Reference 52.236-17)

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

(Reference 52.236-26)

52.242-14 SUSPENSION OF WORK (APR 1984)

(Reference 52.242-14)

52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)

(Reference 52.243-5)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(Reference 52.246-12)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

(Reference 52.246-21)

52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM) (APR 1984) (Reference 52.249-1)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

(Reference 52.249-10)

1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010) (Reference 1352.201-70)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to

(a) commence work under this contract within 1 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 60 calendar days after the Notice to Proceed is issued. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

PAGE 14 OF 58 1305M220QNWWR0224

52.213-4 - TERMS AND CONDITIONS - SAP

PAGE 15 OF 58 1305M220QNWWR0224

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS

(DEVIATION APR 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115- 232).

(iv) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vii) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008)(E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(viii) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(ix) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Jan 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEVIATION APR 2020) (31 U.S.C. 3903 and 10 U.S.C. 2307).

(vii) 52.233-1, Disputes (May 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (AUG 2019).

(ix) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).

(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014) (41 U.S.C. chapter 65)(Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (Jul 2014) (29 U.S.C.

793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).

PAGE 16 OF 58 1305M220QNWWR0224

(vii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.

Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015)(Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O.

13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016)(E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR(R)Program or Federal Energy Management Program (FEMP) will be--

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities).

(xvii) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).

(xx) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award

PAGE 17 OF 58 1305M220QNWWR0224

Management (Jul 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (Applies to contracts over $35,000).

(iii) 52.211-17, Delivery of Excess Quantities (Sep 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b.

origin).

(v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) 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):

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance.

The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights-

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.

Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor

PAGE 18 OF 58 1305M220QNWWR0224

fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

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--

(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) 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 material 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;

PAGE 19 OF 58 1305M220QNWWR0224

(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 shall include the following information and any applicable supporting data based on the survey of suppliers:

|Foreign and Domestic Construction Materials Price Comparison| | Construction | Unit of | Quantity | Price | | Material | Measure | | (Dollars)+ | | Description | | | | | Item 1: | | | | | Foreign construction | | | | | material | | | | | Domestic construction | | | | | material | | | | | Item 2: | | | | | Foreign construction | | | | | material | | | | |…