2031ZA18Q00083_Freight_Elevator_Solicitation.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

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) 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

PM

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 NUMBER (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. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. 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) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

2031ZA18Q00083

TABLE OF CONTENTS:

Listing of Incorporated Purchase Requisitions Section 00010 - Solicitation Contract Form

Supplies or Services and Prices or Costs:

Packaging and Marking:

Inspection and Acceptance Terms:

Delivery or Performance:

List of documents, exhibits, and other attachments:

Section 00100 - Instructions, Conditions, and Notices to Offerors/Bidders Section 00600 - Representations and Certifications Section 00700 - Contract Clauses Section 00800 - Special Contract Requirements

Contract Administration Data:

Special Contract Requirements:

Listing of Incorporated Purchase Requisitions

Incorporated Purchase Requisition Numbers:

Section 00010 - Solicitation Contract Form

Supplies or Services and Prices or Costs:

Item Number

Base Item Number

Supplies/Services Quantity Unit

0001 The contractor shall furnish all labor, materials, equipment, tools, supplies, supervision and general construction services needed to modernize the existing freight elevator #2 in the Main building in accordance with the drawings and specifications.

Each

Contract Type:Firm Fixed Price Unit Price

Extended Price

Description:

The contractor shall furnish all labor, materials, equipment, tools, supplies, supervision and general construction services needed to modernize the existing freight elevator #2 in the Main building in accordance with the drawings and specifications.

Purchase Requisitions

FSC Codes: Z2AZ REPAIR OR ALTERATION OF OTHER ADMINISTRATIVE FACILITIES AND

SERVICE BUILDIN

NAICS Code: 238290 Other Building Equipment Contractors

Packaging and Marking:

Inspection and Acceptance Terms:

Supplies/Services will be inspected/accepted at:

Line Number Inspect At Inspect By 0001 Destination Government

Delivery or Performance:

List of documents, exhibits, and other attachments:

Section 00100 - Instructions, Conditions, and Notices to Offerors/Bidders

Clauses incorporated by full text

52.233-2 52.233-2 Service of Protest (Sept 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Bureau of Engraving and Printing, Office of Acquisition, 14th and C Street, SW, Washington, DC 20228.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

Statement of Work

SECTION I: Background

Freight elevator #2 is located in the A-wing of the Main building. The elevator serves single entrances at floors B-1-2-3-4-5. The elevator was manufactured and installed by Otis Elevator Company. The elevator operates at 200 feet per minutes with a capacity of

10,000 pounds and it is designed for Class "C2" freight loading. The elevator machine and controls are over 25 years old. The BEP would like to increase the capacity to 15,000 pounds, modernize all equipment and controls, and improve overall performance and reliability.

SECTION II: Purpose

Product, Service or Outcome Needed:

The contractor shall furnish all labor, materials, equipment, tools, supplies, supervision and general construction services needed to modernize the existing freight elevator #2 in the Main building in accordance with the Bid Drawings and Specifications entitled "Freight Elevator #2 Modernization". The site preparation may include, but may not be limited to, demolition of existing architectural, structural, electrical, mechanical, etc. systems and replacing these disciplines with new systems.

SECTION III: Technical Requirements/Tasks/Outcomes

All work shall be performed and completed in accordance to SOW, drawings and specifications.

Deliverables:

# Deliverable Due Date Deliverable Recipient (include contact information)

Deliverable Format

1 Pre-construction meeting 10 days after Award COR As stated in the Division 01 Specification Section 013119.

2 Safety and Fire Prevention Plan 10 days after Award COR As stated in the Division 01 Specification Section 013526.

3 All Shop Drawings, Product Data and Samples

90 days after Award COR As stated in the Division 01 Specification Section 013300.

4 Weekly Progress Report 48 hours after the weekly meeting.

COR As stated in the Division 01 Specification Section 013119.

5 Construction Schedule Updated monthly COR As stated in the Division 01 Specification Section 013200.

6 Mark-ups drawings 48 hours after completion

COR As stated in the Division 01 Specification Section 017700.

7 O&M Manuals 48 hours after completion

COR As stated in the Division 01 Specification Section 017823.

8 Test Results One week after testing. COR As stated in the Division 01 Specification Section 013300.

Special Delivery Instructions:

Dust Partition: The contractor shall install dust partition walls before starting construction. See drawing A101 for details and locations.

Performance/ Delivery Period:

The Contractor is required to complete this contract (including all punch list items) within 150 calendar days after Notice to Proceed.

Place/ Location of Performance/ Delivery:

All floors in the Main building A-wing, Eastern Currency Facility located at 14th and C Streets, Washington, D.C.

20228.

Travel Requirements:

Not Applicable

Special Requirements:

The work is being performed in a secure building. Badges must be worn by Contractors when on the premises at all times. See Division One.

SECTION IV: Applicable Documents

1. (1) Electronic copy of the Bid Drawings and Specifications entitled "Freight Elevator #2 Modernization" dated April 5, 2017.

2. (1) Electronic copy of the Division 1 Specifications dated April 2017.

SECTION V: Requirements for Handling Sensitive, Classified, and/or Proprietary Information

Not Applicable

SECTION VI: Government Furnished Resources and Information

The Government will provide the contractor with bid documents.

SECTION VII: Quality Assurance Surveillance Plan (QASP)

The government shall evaluate the contractor's performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is a Government only document primarily focused on what the Government must do to assure that the contractor has performed in accordance with the requirements of the contract.

-- END STATEMENT OF WORK--

ADDENDUM TO FAR 52.236-27

ADDENDUM TO FAR 52.236-27

Site Visit

The Government has scheduled a site visit at the Bureau of Engraving and Printing (BEP), Washington D.C. for Tuesday, December 19, and Wednesday December 20, 2017 at 10:00 A.M. Eastern Time. The address to begin the site visit is:

Bureau of Engraving and Printing, 14th and C Streets, SW, Washington, D.C. 20228. The purpose of the site visit is to provide the contractor insight into the job requirements and a guided tour to present a representation of the freight elevator.

Firms are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after award.

Potential Offerors who plan to attend the site visit shall provide name and positional title, telephone number, as well as the Company Name and Address, of ALL attendees to David Wallace at david.wallace@bep.gov, no later than Monday, December 18, 2017 at 12:00 P.M. Eastern Time. The Site Visit attendance is limited to a maximum of two (2) persons per mailto:david.wallace@bep.gov

Contractor. Sub-contractors may register under their own names; however, sub-contractors must indicate the name of their prime company when registering.

The Government, for the purpose of site access control, operates an entry control point. Contractors, subcontractors, and suppliers shall be required to show a valid Government issued photo identification to enter the BEP. If a valid Government issued photo identification is not presented, entrance shall be denied. All Contractor personnel must stop at the Entry Control Point located at the 14TH STREET ENTRANCE to receive an "Escorted Visitor Badge" which must be worn at all times while on BEP premises.

Individual or group questions will NOT be answered during the site visit. Potential Offerors may submit questions pertaining to the site visit to the Office of Acquisition no later than Wednesday, January 3 2018 at 12:00 P.M. Eastern Time to David Wallace via email at david.wallace@bep.gov. The Government will respond to any written questions, as appropriate. If applicable, the Government will post answers to questions by amendment on or about Friday, January 12 2018 at 12:00 P.M. Eastern Time.

NOTE: Remarks and explanations made by Government representatives during the course of the site visit, whether orally or in writing, shall not change or qualify any of the terms or conditions of the Freight Elevator Modernization Solicitation. The Solicitation can only be changed by a formal, written revision issued by the Contracting Officer.

ALL CONTRACTOR PERSONNEL MUST USE THE 14TH STREET ENTRANCE ONLY! DUE TO SECURITY

REQUIREMENTS, IT IS RECOMMENDED THAT SITE VISIT ATTENDEES ARRIVE EARLY.

Evaluation Factors

FACTOR A - TECHNICAL (20 Pages limit)

Prime Contractor's Prior Experience: The offeror shall be evaluated documentation demonstrating a minimum of at least three (3) years' experience within the last five (5) years in Elevator Modernization from the issuance date of this solicitation in performing the same or similar type of services for elevator modernizations. The experience of a subcontractor cannot be substituted for the prime contractor's experience.

FACTOR B - PAST PERFORMANCE

Past performance shall be evaluated on an acceptable/unacceptable basis. Offerors are authorized to provide information on the problems encountered on the identified contracts and the Offeror's corrective actions. The offeror shall have recent and relevant past performance in the same or similar projects related to this requirement. Recent past performance is within the last five (5) years from the issuance date of the solicitation. Relevant past performances are those that are the same or similar services based on size, scope, complexity, and contract type. The offeror shall describe its past performance on contracts it has held which are of similar scope and magnitude to that which is detailed in the solicitation. The Government may ascertain past performance information on the Offeror from sources other than the references provided.

Past Performance Evaluation Ratings

Rating Description

Acceptable Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown. (See note below)

Un-acceptable Based on the offeror's performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, "unknown" shall be considered "acceptable"

The offeror shall provide a list of (3 or more) contracts under which they have performed in Freight Elevator mailto:david.wallace@bep.gov

Modernizations or services similar to this requirement within the last five (5) years from the issuance date of this solicitation. This data on recent contracts will be used by the Contracting Officer to evaluate past performance. The offerors shall present past performance for themselves whose effort on this contract will significantly influence performance of the proposed effort. The following information shall be included as applicable:

• The title of the Project or Contract No for the Commercial or Government performance

• A clear description of qualifying work experience

• Length of contract/project (Year/Month/Date – Year/Month/Date)

• Value of contract/project in USD for total amount

• Point of Contact/Project Manager/Contracting Officer Representative for contract (including name, phone no, e-mail).

PRICE PROPOSAL

The offeror shall provide the following:

a. Completed Section B Schedule of Prices – The offeror must provide both a unit price and an extended price for each priced contract line item number (CLIN);

b. A price breakdown of the proposed total price of each performance period.

2. All contractors shall be registered in the System for Award Management (SAM) to be eligible for award of a contract.

Contractors shall ensure SAM registration is active and shall not assume that CCR information automatically migrated to the SAM system. The official SAM website is https://www.sam.gov/portal/public/SAM/. Contractors are encouraged to complete SAM registration as soon as possible.

The Government may not delay award for the purpose of allowing a contractor time to register in SAM.

3. Amendments: All amendments will be posted to FedBizOpps.Gov, the Federal Business Opportunities Acquisition Web Site located at https://www.fbo.gov/. Contactors shall monitor the website for any amendments and acknowledge those amendments, as required.

4. All offers/quotes shall be submitted via email to: david.wallace@bep.gov. All quotes shall be submitted no later than the date and time specified for receipt.

Section 00600 - Representations and Certifications

Clauses incorporated by reference Article Number Reference Text 52.204-19 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.225-25 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions

Relating to Iran--Representation and Certifications (DEC 2012) 52.236-28 52.236-28 Preparation of Proposals-Construction (OCT 1997)

Section 00700 - Contract Clauses

Clauses incorporated by reference Article Number Reference Text 52.203-5 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-7 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-16 52.203-16 Preventing Personal Conflicts of Interest (DEC 2011) 52.203-17 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (APR 2014) 52.204-10 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) 52.204-12 52.204-12 Unique Entity Identifier Maintenance (OCT 2016) 52.204-13 52.204-13 System for Award Management Maintenance (OCT 2016) 52.204-14 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.204-17 52.204-17 Ownership or Control of Offeror (JUL 2016) 52.204-18 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.209-10 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014) 52.211-13 52.211-13 Time Extensions (SEPT 2000) 52.219-6 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-28 52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013) 52.222-11 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-13 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY

2014) 52.222-19 52.222-19 Child Labor-Cooperation with Authorities and Remedies (OCT 2016) 52.222-27 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-37 52.222-37 Employment Reports on Veterans(FEB 2016) 52.222-40 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.222-54 52.222-54 Employment Eligibility Verification (AUG 2013) 52.223-15 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.223-18 52.223-18 Encouraging Contractor Policy to Ban Text Messaging While Driving (AUG 2011) 52.225-13 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008) 52.225-14 52.225-14 Inconsistency Between English Version and Translation of Contract (FEB 2000) 52.228-15 52.228-15 Performance and Payment Bonds-Construction (OCT 2010) 52.232-5 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-23 52.232-23 Assignment of Claims (MAY 2014) 52.232-24 52.232-24 Prohibition of Assignment of Claims (MAY 2014) 52.232-27 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-27 (Dev) 52.232-27 Payments in Support of Emergency and Contingency Operations (AUG 2009) (Deviation)** 52.232-33 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (JUL 2013) 52.232-39 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-3 52.233-3 Protest after Award (AUG 1996) 52.233-4 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 52.236-5 Material and Workmanship (APR 1984) 52.236-6 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-9 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.(APR

1984)

52.236-10 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 52.236-12 Cleaning Up (APR 1984) 52.236-13 52.236-13 Accident Prevention (NOV 1991) 52.236-14 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-17 52.236-17 Layout of Work (APR 1984) 52.236-21 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 52.236-26 Preconstruction Conference (FEB 1995) 52.242-14 52.242-14 Suspension of Work (APR 1984) 52.244-6 52.244-6 Subcontracts for Commercial Items (JAN 2017) 52.246-12 52.246-12 Inspection of Construction (AUG 1996) 52.246-21 52.246-21 Warranty of Construction (MAR 1994) 52.249-1 Alt I 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984)

Alternate I (APR 1984) 52.249-2 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) 52.249-2 Alt I 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) Alternate I (Sep

1996) 52.249-10 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.249-14 52.249-14 Excusable Delays (APR 1984)

Clauses incorporated by full text

52.211-10 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 30 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 TBD.* The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.225-11 52.225-11 Buy American-Construction Materials under Trade Agreements (OCT 2016)

(a) Definitions. As used in this clause-

"Caribbean Basin country construction material" means a construction material that-

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

"Commercially available off-the-shelf (COTS) item"-

(1) Means any item of supply (including construction material) that is-

(i) A commercial 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 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.

"Designated country" means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

"Designated country construction material" means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

"Domestic construction material" means-

(1) 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.

"Free Trade Agreement country construction material" means a construction material that-

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

"Least developed country construction material" means a construction material that-

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

"United States" means the 50 States, the District of Columbia, and outlying areas.

"WTO GPA country construction material" means a construction material that-

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements 41 U.S.C. chapter 83, 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)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause 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

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) 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 restrictions 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 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 statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) 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)(4)(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)*

Item 1:

Foreign construction material

Domestic construction material

Item 2:

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).]

(End of clause)

52.225-21 52.225-21 Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials (MAY 2014)

(a) Definitions. As used in this clause- "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 reproduced 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.

"Domestic construction material" means the following-

(1) An unmanufactured construction material mined or produced in the United States.(The Buy American statute applies.)

(2) A manufactured construction material that is manufactured in the United States and, if the construction material consists wholly or predominantly of iron or steel, the iron or steel was produced in the United States. (Section 1605 of the Recovery Act applies.)

"Foreign construction material" means a construction material other than a domestic construction material.

"Manufactured construction material" means any construction material that is not unmanufactured construction material.

"Steel"means an alloy that includes at least 50 percent iron, between .02 and 2percent carbon, and may include other elements.

"United States" means the 50 States, the District of Columbia, and outlying areas.

"Unmanufactured construction material" means raw material brought to the construction site for incorporation into the building or work that has not been-

(1) Processed into a specific form and shape; or

(2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials.

(b) Domestic preference.

(1) This clause implements-

(i) Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by requiring, unless an exception applies, that all manufactured construction material in the project is manufactured in the United States and, if the construction material consists wholly or predominantly of iron or steel, the iron or steel was produced in the United States (produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, except metallurgical processes involving refinement of steel additives); and

(ii) 41U.S.C chapter 83, Buy American, by providing a preference for unmanufactured construction material mined or produced in the United Statesover unmanufactured construction material mined or produced in a foreign country.

(2) The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraph (b)(3) and (b)(4) of this clause.

(3) This requirement does not apply to the construction material or components listed by the Government as follows:

NONE

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable;

(A) The cost of domestic manufactured construction material, when compared to the cost of comparable foreign manufactured construction material, is unreasonable when the cumulative cost of such material will increase the cost of the contract by more than 25 percent;

(B) The cost of domestic unmanufactured construction material is unreasonable when the cost of such material exceeds the cost of comparable foreign unmanufactured construction material by more than 6 percent;

(ii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality;

(iii) The application of the restriction of section 1605 of the Recovery Act to a particular manufactured construction material would be inconsistent with the public interest or the application of the Buy American statute to a particular unmanufactured construction material would be impracticable or inconsistent with the public interest.

(c) Request for determination of inapplicability of Section 1605 of the Recovery Act or the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) 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) Cost;

(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)(4) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this clause.

(iii) The cost of construction material shall include all delivery costs to the construction site and any applicable duty.

(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 section1605 of the Recovery Act or 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 cost of a domestic construction material, adequate considerations not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to section 1605 of the Recovery Act or the Buy American statute applies, use of foreign construction material is non compliant with section 1605 of the American Recovery and Reinvestment Act or 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 Cost Comparison

Construction Material Description Unit of Measure Quantity Cost (Dollars)*

Item 1:

Foreign construction material

Domestic construction material

Item 2:

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.]

(End of clause)

52.232-16 52.232-16 Progress Payments (APR 2012)

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:

(a) Computation of amounts.

(1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 80 percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under FAR 31.205-10 as an incurred cost for progress payment purposes.

(2) The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors-

(i) In accordance with the terms and conditions of a subcontract or invoice; and

(ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.

(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless-

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).

(4) The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause:

(i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.

(ii) Costs incurred by subcontractors or suppliers.

(iii) Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of such costs.

(iv) Payments made or amounts payable to subcontractors or suppliers, except for-

(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and

(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.

(5) The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including allowable unliquidated progress payments to subcontractors) nor (ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the Government are incomplete.

(6) The total amount of progress payments shall not exceed 80 percent of the total contract price.

(7) If a progress payment or the unliquidated progress payments exceed the amounts permitted by paragraphs (a)(4) or (a)(5) of this clause, the Contractor shall repay the amount of such excess to the Government on demand.

(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The Contracting Officer may make exceptions.

(9) The costs applicable to items delivered, invoiced, and accepted shall not include costs in excess of the contract price of the items.

(b) Liquidation. Except as provided in the Termination for Convenience of the Government clause, all progress payments shall be liquidated by deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 80 percent of the amount invoiced, whichever is less. The Contractor shall repay to the Government any amounts required by a retroactive price reduction, after computing liquidations and payments on past invoices at the reduced prices and adjusting the unliquidated progress payments accordingly. The Government reserves the right to unilaterally change from the ordinary liquidation rate to an alternate rate when deemed appropriate for proper contract financing.

(c) Reduction or suspension. The Contracting Officer may reduce or suspend progress payments, increase the rate of liquidation, or take a combination of these actions, after finding on substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (f) and (g) of this clause).

(2) Performance of this contract is endangered by the Contractor's-

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition.

(3) Inventory allocated to this contract substantially exceeds reasonable requirements.

(4) The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of business.

(5) The fair value of the undelivered work is less than the amount of unliquidated progress payments for that work.

(6) The Contractor is realizing less profit than that reflected in the establishment of any alternate liquidation rate in paragraph (b) of this clause, and that rate is less than the progress payment rate stated in paragraph (a)(1) of this clause.

(d) Title.

(1) Title to the property described in this paragraph (d) shall vest in the Government. Vestiture shall be immediately upon the date of this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

(2) "Property," as used in this clause, includes all of the below-described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices.

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, and other similar manufacturing aids, title to which would not be obtained as special tooling under paragraph (d)(2)(ii) of this clause; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract; e.g., the termination clauses, shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract without requesting the Contracting Officer's approval, but the proceeds shall be credited against the costs of performance.

(5) To acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor must obtain the Contracting Officer's advance approval of the action and the terms. The Contractor shall

(i) exclude the allocable costs of the property from the costs of contract performance, and (ii) repay to the Government any amount of unliquidated progress payments allocable to the property. Repayment may be by cash or credit memorandum.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all progress payments, title shall vest in the Contractor for all property (or the proceeds thereof) not-

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.

(7) The terms of this…