20-D-5082 JTC SIGNED.docx

W15QKN20D5082

Section SF 30 - Block 14 Continuation Page (SF 30)

CONTRACT ADMINISTRATION

This requirement is set aside for 8(a) contractors under SBA Requirement No. 0358/18/804505/01

The Ordering Period will be a period of 12 months.

Inquiries concerning all contractual actions after award shall be directed first to the Contract Administrator on the INDIVIDUAL TASK ORDER. In the absence of the Contract Administrator, please contact the Contracting Officer. CHANGES: The Contract Administrator will incorporate all changes and other administrative actions to the contract as directed and authorized by the Contracting Officer.

Contract Administrator (will be assigned on individual task orders)

Contracting Officer

Name: Sharon Wilson-Emmons Phone: 609-562-6405 Email: Sharon.Wilson-emmons.civ@mail.mil

Government Point of Contact

General Engineer/Regional Facilities Operations Specialist/Contracting Officer’s Representative Will be assigned per task order.

Place of Performance Will be assigned per task order.

Contractor

John Chris Taylor Construction and Design Attn: John C Taylor 11 Marcy Street Freehold, New Jersey 07728 Telephone: 732-780-8813 Email:jctaylor@johnchristaylor.com

Attachments:

Contract Data Requirement List A001 Quality System Plan Dtd. Jan. 9, 2019 A002 Contractors Safety Plan Dtd. Jan 9, 2019 Attachment 1 – Pricing Workbook - JCT Co-Efficient sheet Attachment 2 – Contractor cost breakdown worksheet

Section 00 00 00 - Procurement and Contracting Requirements

EXECUTIVE SUMMARY

1. Introduction: The U.S. Army Contracting Command - New Jersey, Fort Dix, New Jersey, on behalf of the 99th Readiness Division, Directorate of Public Works has a requirement for a Job Order Contract (JOC) for construction project(s) used to acquire real property repair, maintenance, minor construction, and/or asbestos abatement. Under this contract, task orders will be placed primarily for general building renovation, road and pavement repair, and general environmental work. This work includes, but is not limited to, incidental new minor construction, excavation, plumbing, demolition, electrical, structural, mechanical, concrete work, and environmental remedial work. It has been determined that competition will be limited to 8(a) firms located within the geographical area serviced by the Connecticut, New Jersey, Pennsylvania, and New York Small Business Administration District Offices, and other 8(a) construction firms with a bona fide place of business within the geographical competitive areas and the assigned NAICS code. All other 8(a) Business Development Participants are deemed ineligible to submit offers.

2. Contracting Strategy: The acquisition approach is to award up to five Firm Fixed Price (FFP), Indefinite Delivery/Indefinite Quantity (IDIQ) contract(s) to the offeror(s) that are determined to represent Best Value to the Government, utilizing the Lowest Priced Technically Acceptable source selection methodology. For proposal instructions and submittal information, see section entitled Instructions to Offerors and for the basis for award, see section entitled Evaluation Factors for Award.

3. Contract Type: This will be a five (5) year FFP IDIQ type contract. Task Orders will be issued in accordance with FAR 16.505 Ordering. Task Orders will set forth the requirements for Delivery Schedules, Inspection/Acceptance, etc. See clauses entitled, "Ordering" DFARS 252.216-7006 (May 2011), "Order Limitations" FAR 52.216-19 (Oct 1995); and, "Indefinite Quantity" FAR 52.216-22 (Oct 1995). It is the Government’s unilateral right to withdraw a proposed job or order, before or after receipt of contractor’s proposal, but prior to award.

4. Minimum/Maximum Requirement: Pursuant to FAR 16.504(a) (2), the contract(s) will have a guaranteed minimum requirement of $20,000 to be awarded concurrently with the basic contract and will satisfy the Government’s requirement for the 5-year ordering period. The estimated contract ceiling is established at $22,751.408.00. The estimated magnitude in accordance with FAR Subpart 36.204 is more than $10 million. The minimum dollar value of each task order is $2,000.00. The maximum dollar value of each task order project is $2 million.

5. Block 11 is not applicable to the IDIQ contract and therefore not completed. Block 12.a is referring to bonds required at task order level when applicable. An offer guarantee is not required with the IDIQ proposal as shown in block 13.B., however FAR clause 52.228-1 is included but is referring to a guarantee at task order level when applicable.

6. Bonding. Contract line item numbers (CLINs) 1002 and corresponding future ordering period CLINs will not be priced at the IDIQ contract level. Bonding on individual task orders will be limited to actual amount paid after receipt of proof of payment. Offerors shall not propose bonding prices for the total ceiling of the IDIQ contract.

Offerors shall propose bonding costs, if applicable, for the seed project.

7. Wage Determinations: Davis-Bacon Act wage determinations will be incorporated into the Requests for Task Order Proposal at task order level after contract award and resultant task orders. The seed project Davis-Bacon wage determination is included at attachment 5. Wage determinations may be viewed at https://www.wdol.gov/.

Section 00 10 00 - Solicitation

JOC District B - Ordering Period One

FFP

Job Order Contract for Maintenance, Repair and Minor Construction Projects for the 99th Readiness Division (RD) for various facilities in Connecticut, New Jersey, Pennsylvania, and New York in accordance with the incorporated Statement of Work. The co-efficients relative to this instant contract are as stated in **ATTACHMENT 1, Pricing Workbook ** FOB: Destination

PURCHASE REQUEST NUMBER: 0011295482

PSC CD: Y1AA

Bonding- Ordering Period One

Bonding Ordering Period One. Bonding will not be priced at the Indefinite Delivery/Indefinite Quantity (IDIQ) contract level. Offerors shall not propose bonding prices for the IDIQ contract. Bonding only applicable to Task Order level. The contractor will only be paid for the actual cost.

FOB: Destination

NSP

Contract Data Requirements List (CDRL)

Contract Data Requirements List (CDRL) -Ordering Period 1. Exhibit A1- Contract Data Requirements List-Quality Assurance Plan. Exhibit A2 -Contract Data Requirements List-Safety Plan. Submission of data in accordance with the CDRL is a requirement for the contract, but shall not be separately priced.

NET AMT

JOC District B - Ordering Period Two

Job Order Contract for Maintenance, Repair and Minor Construction Projects for the 99th Readiness Division (RD) for various facilities in Connecticut, New Jersey, Pennsylvania, and New York in accordance with the incorporated Statement of Work. The co-efficients relative to this instant contract are as stated in **ATTACHMENT 1, Pricing Workbook **

Bonding- Ordering Period Two

Bonding Ordering Period Two. Bonding will not be priced at the Indefinite Delivery/Indefinite Quantity (IDIQ) contract level. Offerors shall not propose bonding prices for the IDIQ contract. Bonding only applicable to Task Order level. The contractor will only be paid for the actual cost.

NSP

Contract Data Requirements List (CDRL)

Contract Data Requirements List (CDRL) -Ordering Period 1. Exhibit A1- Contract Data Requirements List-Quality Assurance Plan. Exhibit A2 -Contract Data Requirements List-Safety Plan. Submission of data in accordance with the CDRL is a requirement for the contract, but shall not be separately priced.

NET AMT

JOC District B - Ordering Period Three

Job Order Contract for Maintenance, Repair and Minor Construction Projects for the 99th Readiness Division (RD) for various facilities in Connecticut, New Jersey, Pennsylvania, and New York in accordance with the incorporated Statement of Work. The co-efficients relative to this instant contract are as stated in **ATTACHMENT 1, Pricing Workbook **

Bonding- Ordering Period Three

Bonding Ordering Period Three. Bonding will not be priced at the Indefinite Delivery/Indefinite Quantity (IDIQ) contract level. Offerors shall not propose bonding prices for the IDIQ contract. Bonding only applicable to Task Order level. The contractor will only be paid for the actual cost.

NSP

Contract Data Requirements List (CDRL)

Contract Data Requirements List (CDRL) -Ordering Period 1. Exhibit A1- Contract Data Requirements List-Quality Assurance Plan. Exhibit A2 -Contract Data Requirements List-Safety Plan. Submission of data in accordance with the CDRL is a requirement for the contract, but shall not be separately priced.

NET AMT

JOC District B - Ordering Period Four

Job Order Contract for Maintenance, Repair and Minor Construction Projects for the 99th Readiness Division (RD) for various facilities in Connecticut, New Jersey, Pennsylvania, and New York in accordance with the incorporated Statement of Work. The co-efficients relative to this instant contract are as stated in **ATTACHMENT 1, Pricing Workbook **

Bonding- Ordering Period Four

Bonding Ordering Period Four. Bonding will not be priced at the Indefinite Delivery/Indefinite Quantity (IDIQ) contract level. Offerors shall not propose bonding prices for the IDIQ contract. Bonding only applicable to Task Order level. The contractor will only be paid for the actual cost.

NSP

Contract Data Requirements List (CDRL)

Contract Data Requirements List (CDRL) -Ordering Period 1. Exhibit A1- Contract Data Requirements List-Quality Assurance Plan. Exhibit A2 -Contract Data Requirements List-Safety Plan. Submission of data in accordance with the CDRL is a requirement for the contract, but shall not be separately priced.

NET AMT

JOC District B - Ordering Period Five

Job Order Contract for Maintenance, Repair and Minor Construction Projects for the 99th Readiness Division (RD) for various facilities in Connecticut, New Jersey, Pennsylvania, and New York in accordance with the incorporated Statement of Work. The co-efficients relative to this instant contract are as stated in **ATTACHMENT 1, Pricing Workbook **

Bonding- Ordering Period Five

Bonding Ordering Period Five. Bonding will not be priced at the Indefinite Delivery/Indefinite Quantity (IDIQ) contract level. Offerors shall not propose bonding prices for the IDIQ contract. Bonding only applicable to Task Order level. The contractor will only be paid for the actual cost.

NSP

Contract Data Requirements List (CDRL)

Contract Data Requirements List (CDRL) -Ordering Period 1. Exhibit A1- Contract Data Requirements List-Quality Assurance Plan. Exhibit A2 -Contract Data Requirements List-Safety Plan. Submission of data in accordance with the CDRL is a requirement for the contract, but shall not be separately priced.

NET AMT

DELIVERY INFORMATION

28-SEP-2021

28-SEP-2021

28-SEP-2021

28-SEP-2022

28-SEP-2022

28-SEP-2022

28-SEP-2023

28-SEP-2023

28-SEP-2023

28-SEP-2024

28-SEP-2024

28-SEP-2024

28-SEP-2025

28-SEP-2025

28-SEP-2025

Section 00 22 16 - Supplementary Instructions to Proposers

TASK/DELIVERY ORDER OMBUDSMAN

TASK AND DELIVERY ORDER OMBUDSMAN

The ACC-New Jersey Task and Delivery Order Ombudsman shall review contractor complaints under either a multiple award task order or multiple award delivery order contract to ensure that all contractors awarded such contracts are provided a fair opportunity to be considered for each order, consistent with the procedures in the contract. Complaints to the ACC-New Jersey Task and Delivery Order Ombudsman must be forwarded to:

ACC-New Jersey Task and Delivery Order Ombudsman Phipps Road, Bldg. 1610 Picatinny Arsenal, NJ 07806-5000 Phone Number: 973-724-9028/609-562-4869 Facsimile: 973-724-2914 Email: usarmy.picatinny.acc.mbx.accnjombudsman@mail.mil

Submissions to the ACC-New Jersey Task and Delivery Order Ombudsman must be in writing and should include the relevant solicitation, contract, task order, or delivery order number(s), relevant information supporting the complaint and the name of the cognizant Contracting Officer, if known.

All information submitted to the Government under this text must identify any restrictions on use, release, or disclosure. Only unclassified information should be submitted in accordance with the above procedures.

Submittals under this text do not constitute submittals under the requirements of FAR 52.233-1, “Disputes and Alternates”, 52.233-2, “Service of Protest and Alternates”, and 52.233-4000, “ HQ AMC-Level Protest Program”.

UNIT PRICE DISCLOSURE

DISCLOSURE OF UNIT PRICE INFORMATION OCT/2010

This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23, 1987), of our intention to release unit prices in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the contracting officer is notified of your objection to such posting prior to submission of initial proposals.

Section 00 45 00 - Representations and Certifications

CLAUSES INCORPORATED BY FULL TEXT

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

(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 (c) 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 a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the 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) 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 assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) 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.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) 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 that the data have been validated or updated, and provide the date of the validation or update.

(f) 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 (e) or (g) of this clause.

(g) 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:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 236220- assigned to contract number W15QKN-20-D-5082.

(Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

Section 00 70 00 - Conditions of the Contract

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$20,000.00

$22,751,408.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

20,000.00

2,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within as identified in the individual task orders when issued 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 time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of Will be addressed at task order level if applicable for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.216-18 ORDERING. (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 29 September 2020 through 28 September 2025.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor -

(1) Any order for a single item in excess of $2,000,000.00;

(2) Any order for a combination of items in excess of $4,000,000.00; or

(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 1 year after end of contract performance period.

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)

(a) Definitions. As used in this contract--

HUBZone small business concern means a small business concern, certified by the Small Business Administration, that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern means a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business concern means a small business concern--

(1) That is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b) It is the policy of the United States that small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns.

(c) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor's compliance with this clause.

(d)(1) The Contractor may accept a subcontractor's written representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business if the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract.

(2) The Contractor may accept a subcontractor's representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business in the System for Award Management (SAM) if--

(i) The subcontractor is registered in SAM; and

(ii) The subcontractor represents that the size and socioeconomic status representations made in SAM are current, accurate and complete as of the date of the offer for the subcontract.

(3) The Contractor may not require the use of SAM for the purposes of representing size or socioeconomic status in connection with a subcontract.

(4) In accordance with 13 CFR 121.411, 124.1015, 125.29, 126.900, and 127.700, a contractor acting in good faith is not liable for misrepresentations made by its subcontractors regarding the subcontractor's size or socioeconomic status.

(5) The Contractor shall confirm that a subcontractor representing itself as a HUBZone small business concern is certified by SBA as a HUBZone small business concern by accessing the System for Award Management or by contacting the SBA. Options for contacting the SBA include--

(i) HUBZone small business database search application Web page at http://dsbs.sba.gov/dsbs/search/dsp_searchhubzone.cfm; or http://www.sba.gov/hubzone;

(ii) In writing to the Director/HUB, U.S. Small Business Administration, 409 3rd Street, SW., Washington DC 20416; or

(iii) The SBA HUBZone Help Desk at hubzone@sba.gov.

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 materials or components listed by the Government as follows:

(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 Act 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 Act 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 Act. (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) \1\ Item 1 Foreign construction material.... ........... ___ ........ ....... ………. ___ ................ ........ ___ Domestic construction material... ........ ___ ............... .............. ___ .................. ...... ___ Item 2 Foreign construction material.... ......... ___ ............. ........ ……. ___ ............... ......... ___ Domestic construction material... ....... ___ .................. ............. ___ ................. ....... ___ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

(a) The Contractor shall submit one of the following payment protections:

At Task Order Level.

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The…