1305M320RNWWV0008.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.

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)

1305M320RNWWV0008

WESTERN ACQUISITION DIVISION

SOU6

325 BROADWAY

BOULDER CO 80305

WESTERN ACQUISITION DIVISION

SOU6

325 BROADWAY

BOULDER CO 80305

NWWV4100-20-00083

AJ730004

RYAN EDWARDS 303-497-4057 RYAN.EDWARDS@NOAA.GOV

1 56 local time JUL 14, 2020

4:00 PM MT

FAR 52.211-10

AJ730004

8/2014

June 29, 2020

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. ) BACK1305M320RNWWV0008

8/2014

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 NOME, AK - Design, permitting, construction, delivery, and installation required per the Statement of Work

(SOW).

Period of Performance: 07/28/2020 to 10/25/2020

1.00 LO

OPT

0002 KOTZEBUE, AK - OPTION - Design, permitting, construction, delivery, and installation required per the Statement of Work (SOW).

Period of Performance: 07/28/2020 to 10/25/2020

1.00 LO

OPT

0003 FAIRBANKS, AK - OPTION - Design, permitting, construction, delivery, and installation required per the Statement of Work (SOW).

Period of Performance: 07/28/2020 to 10/25/2020

1.00 LO

OPT

0004 KING SALMON, AK - OPTION - Design, permitting, construction, delivery, and installation required per the Statement of Work (SOW).

Period of Performance: 07/28/2020 to 10/25/2020

1.00 LO

OPT

0005 ST. PAUL, AK - OPTION - Design, permitting, construction, delivery, and installation required per the Statement of Work (SOW).

Period of Performance: 07/28/2020 to 10/25/2020

1.00 LO

OPT

0006 YAKUTAT, AK - OPTION - Design, permitting, construction, delivery, and installation required per the Statement of Work (SOW).

Period of Performance: 07/28/2020 to 10/25/2020

1.00 LO

OPT

0007 ANNETTE, AK - OPTION - Design, permitting, construction, delivery, and installation required per the Statement of Work (SOW).

Period of Performance: 07/28/2020 to 10/25/2020

1.00 LO

PAGE 3 OF 56 1305M320RNWWV0008

Table of Contents

PART I – THE SCHEDULE

SECTION A – STANDARD FORM (SF) 1442

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1. GENERAL

B.2. TYPE OF CONTRACT

B.3. CONTRACT PRICING

B.4. DISCLOSURE OF MAGNITUDE

B.5. PLACE OF PERFORMANCE

B.6. BID GUARANTEE AND PERFORMANCE AND PAYMENT BONDS

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D – PACKAGING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

E.1. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

E.2. CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

E.3. RESPONSIBILITY FOR INSPECTION AND ACCEPTANCE

SECTION F –DELIVERIES OR PERFORMANCE

F.1. FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984)

F.2. CAR 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

F.3. NAM 1330-52.215-70 SCHEDULE OF DELIVERABLES

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CAR 1352.201-72 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (APR

2010) 13

G.2 CAR 1352.237-74 PROGRESS REPORTS (APR 2010)

G.3 CAR 1352.245-70 GOVERNMENT FURNISHED PROPERTY (APR 2010)

G.4 NAM 1330-52.242-70 SUBMITTAL OF INVOICES (FEB 2011)

G.5 ADDENDUM TO NAM 1330-52.242-70 SUBMITTAL OF INVOICES

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 CAR 1352.228-70 INSURANCE COVERAGE (APR 2010)

H.2 CAR 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE

COVERAGE—FIXED PRICE (APR 2010)

H.3 CAR 1352.237-75 KEY PERSONNEL (APR 2010)

PART II CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1 FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (MAY 2020)

I.2 FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

I.3 FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES

(JUL 2014)

I.4 FAR 52.225-9 BUY AMERICAN-CONSTRUCTION MATERIALS (MAY 2014)

I.5 FAR 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT-CONSTRUCTION

MATERIALS (MAY 2014)

I.6 FAR 52.228-1 BID GUARANTEE (SEPT 1996)

I.7 FAR 52.2228-11 PLEDGES OF ASSETS (AUG 2018)(DEVIATION)(APR 2020)

I.8 FAR 52.228-15 PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (OCT

2010)(DEVIATION)(APR 2020)

I.9 FAR 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

I.10 FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)(DEVIATION APR 2020)

I.11 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

I.12 NAM 1330-52.203-71 NOTICE OF POST-GOVERNMENT EMPLOYMENT

RESTRICTIONS (OCT 2015)

I.13 NAM 1330-52.222-70 NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT

PREVENTION AND RESPONSE POLICY (MAY 2018)

I.14 NAM 1330-52.237-70 CONTRACTOR COMMUNICATIONS

I.15 NAM 1330-52.237-72 CONTRACTOR ACCESS TO NOAA FACILITIES (SEP 2017)

I.16 NAM 1330-52.243-70 REQUESTS FOR EQUITABLE ADJUSTMENT (OCT 2017) .. 37

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

K.1 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

K.2 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(DEC 2019)

K.3 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018) 43

K.4 FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAR 2020) . 44

K.5 FAR 52.236-28 PREPARATION OF PROPOSALS-CONSTRUCTION (OCT 1997) .. 47

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS

L.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

L.2 FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006)

L.3 FAR 52.236-27 SITE VISIT (CONSTRUCTION)(FEB 1995)

L.4 CAR 1352.215-70 PROPOSAL PREPARATION (APR 2010)

L.5 CAR 1352.215-72 INQUIRIES

L.6 CAR 1352.233-70 AGENCY PROTESTS (APR 2010)

L.7 CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR

2010) 53

L.8 NAM 1330-52.270-304 NOAA ACQUISITION AND GRANTS OFFICE

OMBUDSMAN (OCT 2016)

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 CAR 1352.215-74 BEST VALUE EVALUATION (APR 2010)

M.2 CAR 1352.215-75 EVALUATION CRITERIA (APR 2010)

PART I – THE SCHEDULE

SECTION A – STANDARD FORM (SF) 1442

See Pages 1-3

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1. GENERAL

The contractor shall provide services required for permitting, construction, delivery, and installation of new hydrogen conexes at National Weather Service (NWS) sites in Annette, Yakutat, St. Paul, King Salmon, Kotzebue, Nome, and Fairbanks Alaska. NOAA solicitation 1305M320RNWWV0008 is hereby issued as a 100% total small business set-aside in accordance with FAR Part 15. The North American Industry Classification Systems (NAICS) code for this acquisition is 332311 – Prefabricated Metal Building and Component Manufacturing. This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular Number 2020-06, dated May 6, 2020.

B.2. TYPE OF CONTRACT

This is a firm-fixed price (FFP) design-build construction contract as required to construct, deliver, and install the hydrogen conexes at seven (7) locations in Alaska.

B.3. CONTRACT PRICING

See the Schedule in SF 1442.

B.4. DISCLOSURE OF MAGNITUDE

In accordance with FAR 36.204(e) the disclosure of magnitude is between $500,000 and $1,000,000.

B.5. PLACE OF PERFORMANCE

The places of performance will be:

Annette, Alaska Yakutat, Alaska St. Paul, Alaska King Salmon, Alaska Kotzebue, Alaska Nome, Alaska Fairbanks, Alaska.

B.6. BID GUARANTEE AND PERFORMANCE AND PAYMENT BONDS

The contractor must furnish a bid guarantee in accordance with FAR 52.228.

The contract must furnish the required performance and payment bonds within ten (10) calendar days after contract award. Performance and payment bonds are required for this procurement.

Refer to Section I for additional bonding requirements.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

NATIONAL WEATHER SERVICE

ALASKA REGION

HYDROGEN CONEX BOXES

The Statement of Work, including all drawings, specifications, and addenda (if applicable) are included as attachments to this document as indicated in Section J, List of Attachments.

SECTION D – PACKAGING AND MARKING

There is nothing in this Section.

SECTION E – INSPECTION AND ACCEPTANCE

E.1. 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):

FAR Clauses: https://www.acquisition.gov/far

CAR Clauses: https://www.acquisition.gov/car

FAR FEDERAL ACQUISITION REGULATION DATE

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

E.2. CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be:

NWS Alaska Region 222 West 7th Avenue Anchorage, AK 99513-7575

E.3. RESPONSIBILITY FOR INSPECTION AND ACCEPTANCE

The Contracting Officer’s Representative (COR), as appointed/designated by letter per the information listed in Section G of this document, is the Government's official responsible for inspection and acceptance of required services under the terms and conditions of this contract.

The Government may designate additional representative(s) to provide periodic inspections or observations during the performance of this contract. However, Government inspections are for the sole benefit of the Government and do not relieve the Contractor of its responsibilities to provide adequate quality control as described in Technical Specification in section C, Statement of Work. The Contractor is responsible for inspection of its own work to insure that all work performed conforms to the terms and conditions of the contract.

SECTION F –DELIVERIES OR PERFORMANCE

52.236-15 SCHEDULES FOR CONSTRUCTION

CONTRACTS

APR 1984

52.242-14 SUSPENSION OF WORK APR 1984

F.1. 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 ten (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 the number of stated for each site in the SOW after issuance of the NTP. The time stated for completion shall include final cleanup of the premises.

F.2. CAR 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

(a) The base period of performance of this contract is 365 days after date of contract. If an option is exercised, the period of performance shall be extended through the end of that option period.

(b) The option periods that may be exercised are as follows:

Location Completion Date Annette 120 days after issuance of NTP Yakutat 105 days after issuance of NTP St. Paul 90 days after issuance of NTP King Salmon 75 days after issuance of NTP Kotzebue 45 days after issuance of NTP Nome 30 days after issuance of NTP Fairbanks 60 days after issuance of NTP

(c) The notice requirements for unilateral exercise of option periods are set out in FAR 52.217–9.

F.3. NAM 1330-52.215-70 SCHEDULE OF DELIVERABLES

Description Qty Due Deliver

To Reference(s)

Anti-kickback Procedures 1 Prompt reporting of possible violations

CO FAR 52.203-7

Reporting Executive Compensation and First-Tier Subcontract Awards

1 Per Clause Online Far 52.204-10

Audit and Records 1 Per Clause CO FAR 52.215-2

Payrolls and Basic Records 1 Weekly CO and

COR

FAR 52.222-8

Employment Reports - Veterans 1 Per Clause CO FAR 52.222-37

Permits 1 10 days after award

CO FAR 52.236-7

Vets - Report 1 Annually Online

FAR 52.204-8

FAR 52.222-37

Restrictions Against Disclosure 1 Upon Contract Award

CO CAR 1352.209-72

Progress Reports 1 Monthly CO CAR 1352.237-74

Construction Schedule - Final 1 5 days after work commences

CO FAR 52.236-15

SECTION G – CONTRACT ADMINISTRATION DATA

CAR COMMERCE ACQUISITION REGULATION DATE

1352.201-70 CONTRACTING OFFICER’S AUTHORITY APR 2010

G.1 CAR 1352.201-72 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (APR

2010)

(a) To be determined by separate letter at time of award is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract.

The COR is located at:

To be determined by separate letter at time of award

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions.

Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

G.2 CAR 1352.237-74 PROGRESS REPORTS (APR 2010)

The contractor shall submit, to the Government, a progress report every one (1) month after the effective date of the contract, and every one (1) month thereafter during the period of performance. The contractor shall deliver progress reports that summarize the work completed during the performance period, the work forecast for the following period, and state the names, titles and number of hours expended for each of the contractor's professional personnel assigned to the contract, including officials of the contractor. The report shall also include any additional information—including findings and recommendations—that may assist the Government in evaluating progress under this contract. The first report shall include a detailed work outline of the project and the contractor's planned phasing of work by reporting period.

G.3 CAR 1352.245-70 GOVERNMENT FURNISHED PROPERTY (APR 2010)

The Government will provide the following item(s) of Government property to the Contractor.

The Contractor shall be accountable for, and have stewardship of, the property in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with provisions of the “Government Property” clause included in this contract: NONE - To be revised as needed, via contract modification.

G.4 NAM 1330-52.242-70 SUBMITTAL OF INVOICES (FEB 2011)

The contractor shall prepare and submit an invoice to the COR for approval [with a copy to the contracting officer for information]. All invoices shall be submitted by the 10th day of the subsequent month.

To constitute a proper invoice, the contractor’s invoice shall be prepared in accordance with, and contain all elements specified in the paragraph titled, “Contractor’s Invoice,” of the applicable prompt payment provision of the contract (e.g., FAR 52.232-25, Prompt Payment; FAR 52.232- 26, Prompt Payment for Fixed-Price Architect Engineer Contracts; or FAR 52.232-27, Prompt Payment for Construction Contracts). For contracts and orders for commercial items and services, paragraph (g) of FAR 52.212-4, titled, “Invoices,” applies.

If the invoice does not comply with the applicable prompt payment provision of the contract, the COR will return it to the contractor within seven days after the date the designated office received the invoice along with a statement as to the reasons why it is not a proper invoice.

G.5 ADDENDUM TO NAM 1330-52.242-70 SUBMITTAL OF INVOICES

Invoices shall be submitted with an original signature to the COR for approval, i.e., a certification by a Contractor official authorized to bind the Contractor no more than once a month.

Payments shall be based upon measurable or quantifiable performance.

(a) The invoice shall be submitted to the COR identified in the COR appointment letter.

(b) The invoice shall show the amount requested and shall be stamped “original”.

(c) The invoice should include the total charges and include the following information:

1. Name and address of the Contractor;

2. Invoice date and number;

3. Contract number;

4. Contract line item number and description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed;

5. Where applicable, shipping and payment terms;

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

7. Any other information or documentation required by other requirements of the contract.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

CAR COMMERCE ACQUISITION REGULATION DATE

1352.208-70 RESTRICTION ON PRINTING AND

DUPLICATING

APR 2010

1352.209-72 RESTRICTIONS AGAINST DISCLOSURE APR 2010

1352.209-73 COMPLIANCE WITH THE LAWS APR 2010

1352.209-74 ORGANIZATIONAL CONFLICT OF

INTEREST

APR 2010

1352.231-71 DUPLICATION OF EFFORT APR 2010

H.1 CAR 1352.228-70 INSURANCE COVERAGE (APR 2010)

(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 workers' compensation to be written by private carriers.

(b) General liability. (1) The contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) When special circumstances apply in accordance with FAR 28.307–2(b), Property Damage Liability Insurance shall be required in the amount of $0.00.

(c) Automobile liability. The contractor shall have automobile liability insurance written on the 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.

(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 liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the Contractor shall provide, vessel collision liability and protection and indemnity liability insurance as determined by the Government.

H.2 CAR 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE

COVERAGE—FIXED PRICE (APR 2010)

When the Government is injured, wholly or partially as a result of the contractor's actions and such actions are covered by the insurance required by 1352.228–70, Insurance Coverage, the Government is entitled to recover from the contractor the full amount of any such injury attributable to the contractor regardless of a deductible. The Contracting Officer may offset the amount of recovery against any payment due to the contractor.

H.3 CAR 1352.237-75 KEY PERSONNEL (APR 2010)

(a) The contractor shall assign to this contract the following key personnel:

Superintendent – Name TBD

Safety Officer – Name TBD

Quality Control Manager – Name TBD

Project Manager – Name TBD

(b) The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer.

(c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain 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. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.

PART II CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

52.202-1 DEFINITIONS NOV 2013

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT

FEES

MAY 2014

52.203-6 RESTRICTIONS ON SUBCONTRACTOR

SALES TO THE GOVERNMENT

MAY 2014

52.203-7 ANTI-KICKBACK PROCEDURES MAY 2014

52.203-8 CANCELLATION, RECISSION, AND

RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTICITY

MAY 2014

52.203-10 PRICE OR FEE ADJUSTMENT FOR

ILLEGAL OR IMPROPER ACTIVITY

MAY 2014

52.203-12 LIMITATION ON PAYMENTS TO

INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

OCT 2012

52.203-16 PREVENTING PERSONAL CONFLICTS OF

INTEREST

DEC 2011

52.203-17 CONTRACTOR EMPLOYEE

WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES

OF WHISTLEBLOWER RIGHTS

APR 2014

52.203-19 PROHIBITION ON REQUIRING CERTAIN

INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS

JAN 2017

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT

PAPER

MAY 2011

52.204-10 REPORTING EXECUTIVE

COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS

OCT 2018

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCT 2018

52.204-14 SERVICE CONTRACT REPORTING

REQUIREMENTS

OCT 2016

52.204-18 COMMERCIAL AND GOVERNMENT

ENTITY CODE MAINTENANCE

JUL 2016

52.204-19 INCORPORATION BY REFERENCE OF

REPRESENTATIONS AND

CERTIFICATIONS

DEC 2014

52.204-23 HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PRODUCED

JUL 2018

BY KASPERSKY LAB OR OTHER

COVERED ENTITIES

52.204-25 PROHIBITION ON CONTRACTING FOR

CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT

AUG 2019

52.209-6 PROTECTING THE GOVERNMENT’S

INTEREST WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR

DEBARMENT

OCT 2015

52.209-9 UPDATES OF PUBLICLY AVAILABLE

INFORMATION REGARDING

RESPONSIBILITY MATTERS

OCT 2018

52.209-10 PROHIBITION ON CONTRACTING WITH

INVERTED DOMESTIC CORPORATIONS

NOV 2015

52.215-2 AUDIT AND RECORDS-NEGOTIATION

52.215-8 ORDER OF PRECEDENCE-UNIFORM

CONTRACT FORMAT

OCT 1997

52.219-6 NOTICE OF TOTAL SMALL BUSINESS

SET-ASIDE

MAR 2020

52.219-8 UTILIZATION OF SMALL BUSINESS

CONCERNS

OCT 2018

52.219-14 LIMITATIONS ON SUBCONTRACTING MAR 2020

52.222-3 CONVICT LABOR JUNE 2003

52.222-4 CONTRACT WORK HOURS AND SAFETY

STANDARDS-OVERTIME

COMPENSATION

MAR 2018

52.222-6 CONSTRUCTION WAGE RATE

REQUIREMENTS

AUG 2018

52.222-7 WITHOLDING OF FUNDS MAY 2014

52.222-8 PAYROLLS AND BASIC RECORDS AUG 2018

52.222-9 APPRENTICES AND TRAINEES JULY 2005

52.222-10 COMPLIANCE WITH COPELAND ACT

REQUIREMENTS

FEB 1988

52.222-11 SUBCONTRACTS (LABOR STANDARDS) MAY 2014

52.222-12 CONTRACT TERMINATION-DEBARMENT MAY 2014

52.222-13 COMPLIANCE WITH CONSTRUCTION

WAGE RATE REQUIREMENTS AND

RELATED REGULATIONS

MAY 2014

52.222-14 DISPUTES CONCERNING LABOR

STANDARDS

FEB 1988

52.222-15 CERTIFICATION OF ELIGIBILITY MAY 2014

52.222-21 PROHIBITION OF SEGREGARED

FACILITIES

APR 2015

52.222-26 EQUAL OPPORTUNITY SEPT 2016

52.222-27 AFFIRMATIVE ACTION COMPLIANCE APR 2015

52.222-30 CONSTRUCTION WAGE RATE

REQUIREMENTS-PRICE ADJUSTMENT

AUG 2018

52.222-33 NOTICE OF REQUIREMENT FOR

PROJECT LABOR AGREEMENT

MAY 2010

52.222-37 EMPLOYMENT REPORTS ON VETERANS FEB 2016

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS

UNDER THE NATIONAL LABOR

RELATIONS ACT

DEC 2010

52.222-50 COMBATTING TRAFFICKING IN

PERSONS

JAN 2019

52.222-54 EMPLOYMENT ELIGIBILITY

VERIFICATION

OCT 2015

52.222-55 MINIMUM WAGES UNDER EXECUTIVE

ORDER 13658

DEC 2015

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE

ORDER 13706

JAN 2017

52.223-6 DRUG-FREE WORKPLACE MAY 2001

52.223-18 ENCOURAGING CONTRACTOR POLICIES

TO BAN TEXT MESSAGING WHILE

DRIVING

AUG 2011

52.223-20 AEROSALS JUN 2016

52.223-21 FOAMS JUN 2016

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN

PURCHASES

JUNE 2008

52.227-1 AUTHORIZATION AND CONSENT DEC 2007

52.227-2 NOTICE AND ASSISTANCE REGARDING

PATENT AND COPYRIGHT

INFRINGEMENT

JUN 2020

52.227-4 PATENT INDEMNITY-CONSTRUCTION

CONTRACTS

DEC 2007

52.228-2 ADDITIONAL BOND SECURITY OCT 1997

52.228-11 PLEDGES OF ASSETS AUG 2018

52.228-12 PROSPECTIVE SUBCONTRACTOR

REQUESTS FOR BONDS

MAY 2014

52.228-14 IRREVOCABLE LETTER OF CREDIT NOV 2014

52.228-15 PERFORMANCE AND PAYMENT BONDS-

CONSTRUCTION

OCT 2010

52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB 2013

52.232-5 PAYMENTS UNDER FIXED-PRICE

CONSTRUCTION CONTRACTS

MAY 2014

52.232-16 PROGRESS PAYMENTS APR 2012

52.232-17 INTEREST MAY 2014

52.232-23 ASSIGNMENT OF CLAIMS MAY 2014

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION

CONTRACTS

JAN 2017

52.232-33 PAYMENT BY ELECTRONIC FUNDS

TRANSFER-SYSTEM FOR AWARD

MANAGEMENT

OCT 2018

52.232-39 UNENFORCEABILITY OF

UNAUTHORIZED OBLIGATIONS

JUN 2013

52.233-1 DISPUTES MAY 2014

52.233-3 PROTEST AFTER AWARD

52.233-4 APPLICABLE LAW FOR BREACH OF

CONTRACT CLAIM

OCT 2004

52.236-2 DIFFERING SITES CONDITIONS APR 1984

52.236-3 SITE INVESTIGATION AND CONDITIONS

AFFECTING THE WORK

APR 1984

52.236-4 PHYSICAL DATA APR 1984

52.236-5 MATERIAL AND WORKMANSHIP APR 1984

52.236-6 SUPERINTENDENCE BY THE

CONTRACTOR

APR 1984

52.236-7 PERMITS AND RESPONSIBILITIES NOV 1991

52.236-8 OTHER CONTRACTS APR 1984

52.236-9 PROTECTION OF EXISTING

VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND

IMPROVEMENTS

APR 1984

52.236-10 OPERATIONS AND STORAGE AREAS APR 1984

52.236-11 USE AND POSSESSION PRIOR TO

COMPLETION

APR 1984

52.236-12 CLEANING UP APR 1984

52.236-13 ACCIDENT PREVENTION NOV 1991

52.236-14 AVAILABILITY AND USE OF UTILITY

SERVICES

APR 1984

52.236-17 LAYOUT OF WORK APR 1984

52.236-21

ALT I

SPECIFICATIONS AND DRAWINGS FOR

CONSTRUCTION

FEB 1997

52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995

52.242-5 PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

JAN 2017

52.242-13 BANKRUPTCY JULY 1995

52.243-4 CHANGES JUNE 2007

52.244-6 SUBCONTRACTS FOR COMMERCIAL

ITEMS

AUG 2019

52.245-1 GOVERNMENT PROPERTY JAN 2017

52.245-9 USE AND CHARGES APR 2012

52.246-21 WARRANTY OF CONSTRUCTION MAR 1994

52.247-63 PREFERENCE FOR U.S. FLAG CARRIERS JUNE 2003

52.248-3 VALUE ENGINEERING - CONSTRUCTION OCT 2015

52.249-2

ALT I

TERMINATION FOR CONVENIENCE OF

THE GOVERNTMENT (FIXED-PRICE)

SEP 1996

52.249-10 DEFAULT (FIXED-PRICE

CONSTRUCTION)

APR 1984

52.249-14 EXCUSABLE DELAYS APR 1984

52.251-1 GOVERNMENT SUPPLY SOURCES APR 2012

52.253-1 COMPUTER GENERATED FORMS JAN 1991

I.1 FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (MAY 2020)

(a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs

(f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it □ is, □ is not a small business concern under NAICS Code _____ assigned to contract number _____.

(2) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it □ is, □ is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program.

[Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that—

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:_____.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern.[Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause. ] The Contractor represents that—

(i) It □ is, □ is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it □ is, □ is not a veteran-owned small business concern.

(7) [ Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it □ is, □ is not a service-disabled veteran-owned small business concern.

(8) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that—

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _____.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.]

I.2 FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

(a) Definitions. As used in this clause- “Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

I.3 FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES

(JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

I.4 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.

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

Foreign and Domestic Construction Materials Price Comparison

Construction Material

Description

Unit of Measure

Quantity Price (Dollars)*

Item1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item2: _______ _______ _______

Foreign construction material _______ _______ _______

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

I.5 FAR 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT-

CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American-Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request.