Amendment 0002 Attachment 5 FAR 52.225-12.pdf
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- Attached to
- Z2DA--Project 605-20-420 Electronic Health Record Modernization (EHRM) Infrastructure Upgrades Federal contract opportunity
- Solicitation number
- 36C26220B0004
About this file
This document provides details on an upcoming federal construction contract opportunity with the Department of Veterans Affairs. The solicitation will be issued on or around September 15, 2020 via sam.gov for construction services valued between $10 million and $20 million. The project scope involves infrastructure upgrades to support an electronic health record modernization at the VA Loma Linda Healthcare System in Loma Linda, California. Interested contractors must be verified as service-disabled veteran-owned small businesses. A mandatory site visit will be scheduled to review the work, which includes general construction, alterations, mechanical, electrical and utility system work within an operating medical facility. All construction must comply with applicable building codes and specifications provided in the solicitation.
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Text version
| 52.225‐12 | NOTICE | OF | BUY | AMERICAN | REQUIREMENT—CONSTRUCTION |
| MATERIALS | UNDER | TRADE | AGREEMENTS | (MAY | 2014) |
(a) Definitions. "Commercially available off‐the‐shelf (COTS) item," "construction material," "designated country 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 Under
Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225‐11).
(b) Requests for determination 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 FAR clause 52.225‐11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers.
(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225‐11.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers.
(1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225‐11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause
52.225‐11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225‐11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested—
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
File details come from the government source that posted it. Updated .