Houston_Solicitation_PMV03500.pdf

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative

Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum.

Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the

Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S.

Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the

Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.

Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the

OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

The Ombudsman Hotline telephone number is 202.372.3695.

mailto:OPAP@uscg.mil

PART I – THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM/INDEX

Table of Contents

PART I – THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM/INDEX

SECTION B - SUPPLIES OR SERVICES AND PRICES

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

PART II – CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SECTION M - EVALUATION FACTORS FOR AWARD

SOLICITATION OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER

70Z08219BPMV03500

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

07/25/2019

PAGE OF

PAGES

IMPORTANT – The “offer” section on the reverse must be fully completed by offeror.

The "offer" section on the reverse must be fully completed by offeror.

The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

2419829PMV035

6. PROJECT NUMBER.

3450437

7. ISSUED BY CODE 8. ADDRESS OFFER TO

CONTRACTING OFFICER

USCG CIVIL ENGINEERING UNIT MIAMI

15608 SW 117TH AVENUE

MIAMI, FLORIDA 33177-1630

USCG CIVIL ENGINEERING UNIT MIAMI

15608 SW 117TH AVENUE

MIAMI, FLORIDA 33177-1630

9. FOR INFORMATION

CALL

A. NAME

CHERYL A. BERRY

B TELEPHONE NUMBER (INCLUDE AREA CODE) (NO COLLECT CALLS)

(305) 278-6763

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

THIS IS A TOTAL SMALL BUSINESS CONCERN SET-ASIDE

SUMMARY OF WORK: CONTRACTOR SHALL PROVIDE ALL LABOR, EQUIPMENT, TOOLS, MATERIALS AND

SUPERVISION NECESSARY FOR CONCRETE REPAIRS AND AIRCRAFT MARKINGS AT U. S. COAST GUARD AIR STATION

HOUSTON, TEXAS. ALL WORK SHALL BE PERFORMED IN STRICT ACCORDANCE WITH THE SPECIFICATIONS (7334274), DRAWINGS (M2207-D) AND THE CONTRACT.

LOCATION: U. S. COAST GUARD AIR STATION HOUSTON

1178 ELLINGTON FIELD JRB

HOUSTON, TEXAS 77034-5569

NOTE: Funds are not presently available for this project. See FAR Clause 52.232-18 “Availability of Funds”.

Offerors are requested to review this IFB as soon as possible upon receipt. If an offeror has any questions regarding the solicitation which require an answer from the issuing office, these questions shall be submitted, in writing, referencing section and paragraph of solicitation, to the U.S. Coast Guard, Civil Engineering Unit Miami, 15608 SW 117 Avenue, Miami, FL

33177. The deadline for submitting Requests for Information (RFIs) and be guaranteed answers is (15 days before Bid

Opening Date at 2:00PM); any RFI's received after this date the Government cannot guarantee an answer. A final amendment with questions and answers will be issued 10 days prior to proposal due date. Email address is: cheryl.a.berry@uscg.mil.

11. The contractor shall begin performance within 10 calendar days and complete it within 280 calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See Section F).

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

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

YES NO

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 2:00 PM (hour) local time 08/27/2019 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee is, is not required.

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 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) mailto:cheryl.a.berry@uscg.mil

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

DUNS: _________________________________________

CODE FACILITY CODE

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

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 NO.

DATE

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

20b. SIGNATURE

20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

BLOCK 27

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C.3304 (a) ( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER

USCG CIVIL ENGINEERING UNIT MIAMI

15608 SW 117TH AVENUE

MIAMI, FLORIDA 33177-1630

COMMERCIAL INVOICES

U. S. COAST GUARD FINANCE CENTER

1430A KRISTINA WAY

CHESAPEAKE, VA 23326-0324

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return _____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated 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 or incorporated by reference in or attached to this contract.

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.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN

(Type or print)

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

30b. SIGNATURE

30c. DATE

31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

CEU MIAMI – IFB Construction 5 (Rev 7/12/2019 FAC 2019-03)

SECTION B - SUPPLIES OR SERVICES AND PRICES

**ALL ITEMS ARE TO BE PRICED SEPARATELY**

GENERAL SCOPE OF WORK

Contractor shall provide all labor, equipment, tools, and materials and supervision necessary for Concrete

Repairs and Aircraft Markings at the U.S. Coast Guard Air Station, Houston, TX. All work shall be performed in strict accordance with the specifications (3450437), Drawings (M2180-D) and the contract.

BASE BID:

ITEM 1A:

The work includes furnishing all labor, tools, equipment, materials, and supervision for air station improvements at the

U.S. Coast Guard Air Station Houston, Texas, Hangar Building, exterior ramp and apron, and surroundings at

Ellington Field Joint Reserve Base (JRB) in Houston Texas consisting but not limited to the following:

1. Coordinate in writing and receive approval from Ellington Field JRB prior to any striping modifications vicinity of Ellington Field. Provide written confirmation to USCG COR. Contractor shall begin coordination within one week of award.

2. b. Coordinate with Ellington Field Rapid Gate for access to work site as indicated in paragraph 1.26 within two weeks of award. Pay all fees.

3. Coordinate in writing and receive approval from FAA prior to any crane operations vicinity of Ellington Field.

Provide written confirmation to Ellington Field Joint Reserve Base (JRB) and USCG COR (contracting officer’s representative). Contractor shall begin coordination within one week of award.

4. Comply with air station’s SWPP (storm water pollution prevention, attachment #5) plan and SPCC (spill prevention control and countermeasures, attachment #4) plan.

5. Repair areas of concrete apron pavement indicated on drawings. Comply with FAA regulations and specifications. Work shall be performed in minimum of four stages to allow USCG aircraft access to hangar at all times. To protect all aircraft, no jack hammering, chipping, or impact-type tools are allowed. Demolition of concrete shall be by circular saw. Saw shall be with integral vacuum and wet dust suppression system.

Additionally, all saw cutting shall require a physical barrier with filtration to prevent dust and debris from entering aircraft. Coordinate with COR to relocate aircraft (when possible) away from work prior to demolition. Comply with 1.2j below

6. Repair concrete drainage trench inside hangar. Work shall be performed in sections to allow USCG aircraft access to hangar at all times.

7. Demolish existing equipment concrete pads on exterior north side of hangar and construct new concrete pavement in areas of demolished pads. Demolish 11 bollards and repair surface flush with existing concrete.

8. Remove existing and replace apron-ramp markings/stripping. Stripping location to match existing location.

Provide as-built drawing of existing markings with dimensions and radius prior to repainting. Existing drawing

CS-05 is approximate and based on original 1987 design. Hire a Certified Industrial Hygienist (CIH) for paint removal and Comply with 1.2i below.

CEU MIAMI – IFB Construction 6 (Rev 7/12/2019 FAC 2019-03)

9. Provide 6” red yellow and white on 12” black test strips. Test strips shall be 20’ long and shall be approved by

Facility Engineer and COR for day and night operations at location approved by Facility engineer. Remove test stripes after approval.

10. Abate LBP and asbestos and heavy metals as detected in attached surveys as impacted by construction. Comply with attachment 1, 2, and 3.

11. Demolition of equipment to be replaced shall not commence until all new equipment and components are on site ready for installation. Coordinate aircraft access to hangar prior to demolition.

12. Site safety plan, demolition plan, and abatement plan shall be approved by USCG COR (contracting officer’s representative).

13. The above list is not an all-inclusive list of all work. Comply with electronic documents.

14. USCG personnel will occupy all adjacent area bordering new construction. Coordinate with COR (USCG contracting officer’s representative) to minimize impact to operations and personnel. Therefore, contractor shall isolate construction area as required with temporary partition and dust controls as required. Saw cutting concrete around interior trench drains and outdoors require dust containment and prior coordination with COR to prevent damage to aircraft. Saw shall be with integral vacuum AND WET DUST SUPPRESSION system with over 99 percent dust containment efficiency with HEPA filtration system. Contractor shall demonstrate cutting equipment containment to satisfaction of facility engineer prior to using cutter around any aircraft.

ONE LUMP SUM $_______________________

UNIT PRICE ITEMS (unit pricing in excess of base bid identified on drawings)

ITEM 1B: Provide a unit price of Striping per one linear feet for an estimated quantity of Continuous 6” Yellow on 12”

Black. Provide Glass Beads as per specification section 32 17 24

EST. QUANTITY: 1LF x UNIT PRICE: $______________________ = TOTAL: $___________________________

ITEM 1C: Provide a unit price of Striping per one linear feet for an estimated quantity of Continuous 6” Red on 12”

ITEM 1D: Provide a unit price of Striping per one linear feet for an estimated quantity of Continuous 6” White on 12”

ITEM 1E: Repair concrete ramp pavement including base per square yard.

EST. QUANTITY: 1 SY x UNIT PRICE: $______________________ = TOTAL: $____________________________

ITEM 1F: Repair concrete drainage trench including grate per one linear foot.

EST. QUANTITY: 1 LF x UNIT PRICE: $______________________ = TOTAL: $_______________

ITEM 1G: Repair concrete pavement (non-aircraft areas) including base per square yard.

EST. QUANTITY: 1 SY x UNIT PRICE: $______________________ = TOTAL: $___________________________

CEU MIAMI – IFB Construction 7 (Rev 7/12/2019 FAC 2019-03)

SECTION B - SUPPLIES OR SERVICES AND PRICES

CONTINUED

TOTAL BASE BID 1A: $ ________________________________

OPTION ITEMS: Quantities of the following option item(s) will be determined at time of award or at any time within

30 calendar days after award of the contract.

OPTION ITEM 1: Option item #1: Oil-Water Separator (OWS) with two tanks

Provide new underground UL2215 Oil-Water Separator (OWS) with external corrosion protection as per UL

1746. Demolish and remove existing underground oil water separation system consisting of two tanks and replace with new within 48 hours. Provide and amend the existing SPCC and SWPP plans by a Texas qualified and Texas licensed engineer. System must be replaced and operational within four day period due to USCG operations;

otherwise, temporary OWS shall be provided so helicopters can be washed and rinsed. No additional time shall be provided for execution of this option item; since this work shall be performed concurrently with base bid work items.

ONE JOB COMPLETE $

OPTION ITEM 2: Option item #2: East above ground water storage tank

Provide repairs and new interior coating and exterior coating for fire water tank. Hire a Certified Industrial

Hygienist (CIH) and comply with 1.2i below. Comply with drawings and specifications. No additional time shall be provided for execution of this option item; since this work shall be performed concurrently with base bid work items.

OPTION ITEM 3: West above ground water storage tank

Provide repairs and new interior coating and exterior coating for fire water tank. Paint 15-foot diameter logo of

“U.S. Coast Guard Air Station Houston EST. 1963” on side of water tank (see attachment no. 6 for Logo). Hire a

Certified Industrial Hygienist (CIH) and comply with 1.2i below. Comply with drawings and specifications. No additional time shall be provided for execution of this option item; since this work shall be performed concurrently with base bid work items.

TOTAL PRICE (BASE BID 1A, UNIT PRICE ITEMS 1B, 1C, 1D, 1E, 1F, 1G & OPTION ITEMS

PRICE 1, 2, 3):

CEU MIAMI – IFB Construction 8 (Rev 7/12/2019 FAC 2019-03)

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 SPECIFICATIONS AND DRAWINGS:

(a) SEE SECTION J - “LIST OF ATTACHMENTS”

(b) DRAWINGS MEASUREMENTS SHOULD BE FIELD VERIFIED BY THE SUCCESSFUL CONTRACTOR

PRIOR TO ORDERING MATERIAL

(c) Failure to read the specifications in their entirety will not relieve the offerors from responsibility for properly estimating the difficulty or cost of successfully performing the work. Failure to do so will be at offeror’s risk.

(d) Each offeror shall furnish the information required by the solicitation. Any offer that does not conform to the requirements of this solicitation in every respect will be rejected as non-responsive. Deviations from, or exceptions to, the specifications or delivery schedule are causes for rejection. Offers for supplies or services other than those specified will not be considered unless authorized by this solicitation.

SECTION D - PACKAGING AND MARKING

THIS SECTION IS NOT APPLICABLE

CEU MIAMI – IFB Construction 9 (Rev 7/12/2019 FAC 2019-03)

SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the

Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not –

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) below.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The

Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest necessary. The

Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or non-conforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of clause)

E.2 CONTRACTOR INSPECTION SYSTEM

(a) Provide all necessary equipment, instruments, qualified personnel, facilities, and test fluids and gases, and perform all inspections, sampling, testing, and certifications specified in the individual Sections of the Specifications; fill out Daily

Construction Report forms as documentation and submit the forms to the Government inspector by 10:00 a.m. on the first working day following the day the work was performed. Sample forms are provided in Section J of this contract. Daily

Construction Report forms will be furnished to the Contractor.

CEU MIAMI – IFB Construction 10 (Rev 7/12/2019 FAC 2019-03)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSES ARE INCORPORATED BY

REFERENCE:

52.242-14 SUSPENSION OF WORK (APR 1984)

F.2 IN ADDITION TO THE ABOVE CLAUSES INCORPORATED BY REFERENCE, THE FOLLOWING CLAUSES

ARE APPLICABLE TO THE SOLICITATION AND RESULTING CONTRACT:

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

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the NOTICE TO PROCEED, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 280 calendar days after receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises

F.3 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the

Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work schedules for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the

Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the

Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the

Government. In this circumstance the Contracting Officer may require the Contractor to increase the number of shifts overtime operations days of work and/or the amount of construction plant and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting

Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

F.4 CONTRACTOR’S SCHEDULE

A preliminary copy of the Contractor’s proposed schedule shall be prepared and submitted to the Contracting Officer prior to the preconstruction conference. Any questions or problems that might cause a delay in approval of the schedule can be addressed during this conference.

CEU MIAMI – IFB Construction 11 (Rev 7/12/2019 FAC 2019-03)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 SUBMITTALS/SHOP DRAWINGS:

Contractor shall provide a schedule of required submittals indicating the order in which the Contractor proposes to provide the required submittals and the dates on which the Contractor plans to provide said submittals. This schedule shall be provided prior to the preconstruction conference for review and discussion during the conference. The Contractor is to forward five (5) copies of applicable submittals to the Contracting Officer. The Contracting Officer will indicate his/her approval or disapproval of the submittals/shop drawings and if not approved as submitted shall indicate reasons thereof. Any work done prior to such approval shall be at the Contractor’s risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from the responsibility for complying with the requirements of this contract.

G.2 PRECONSTRUCTION CONFERENCE:

As soon as practicable after the award of contract, a mutually agreeable time and date for a preconstruction conference between the representatives of the Government and the Contractor will be established. This conference will be held either by telephone or, if convenient, at the site or this office to discuss the terms and conditions of the contract. Below are some of the items to be discussed:

(a) Detailed procedures for the administration of the project,

(b) Identify the authorized representatives of the Government and the Contractor’s Superintendent(s),

(c) Contractor’s field office address and telephone number,

(d) Contractor’s draft Construction Progress Schedule (Section F (F.4))

The Notice to Proceed date will be established during this meeting.

(e) Procedures for processing periodic pay estimates (Section G (G.3-6))

(f) Review of Submittal Schedule giving proposed dates Contractor will submit all required contract submittals

(Section G (G.1))

(g) Requirements and procedures for preparing work schedules and reporting programs,(Section E (E.2))

(h) Procedures for equal opportunity compliance,

(i) Information on delivery of Government-furnished property (If Applicable).

G.3 DESIGNATED BILLING OFFICE

(a) Submit original invoice to the following designated billing office via one of the following modes, listed in descending order of preference:

(1) FINCEN Website invoice receipt form:

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

(2) Mailed to: Commercial Invoices

U.S. Coast Guard Finance Center

1430A Kristina Way

Chesapeake, VA 23326

(b) Submit a copy of the invoice with any required supporting documentation to the Contracting Office:

U. S. COAST GUARD

CIVIL ENGINEERING UNIT MIAMI

15608 S. W. 117TH AVENUE

MIAMI, FLORIDA 33177-1630

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

CEU MIAMI – IFB Construction 12 (Rev 7/12/2019 FAC 2019-03)

(c) To facilitate processing, all proper invoices and any supporting information submitted electronically using the

FINCEN web based invoice submission capability must be submitted as a single Adobe (.pdf) formatted file, or as otherwise specified in the contract.

(d) Web based submission by the contractor and receipt confirmation does not reflect Government review or acceptance of the invoice.

(e) Payment inquiries and status may be obtained - at the following website: -https://www.fincen.uscg.mil/secure/payment.htm.

G.4 INVOICE

(a) To be accomplished on the form provided by the Coast Guard. See Section J for copy of said form.

(b) In addition to the items required for a proper invoice under FAR 52.232-5 and 52.232-27, the invoice must also include the following information:

1. Invoice Routing Code: CEU-MIAMI

2. Name of the Contract Specialist

3. Indication that the contractor represents a small business for accelerated payment purposes.

(c) To facilitate the approval and processing of an invoice, contractor shall furnish an advance copy of the invoice to the Contracting Officer’s Technical Representative for review of the invoice amount and estimates of work accomplished prior to submission to the billing office.

G.5 GOVERNMENT REPRESENTATIVES

The Government may, upon contract award or thereafter, name representatives with titles such as Project Engineer, Contracting Officer’s Technical Representative(s), Inspector(s), and so on. Such individuals will be named in writing by the Contracting Officer, with individual responsibilities set forth at that time.

In any event, no such named individual has the authority to issue any direction under this contract either technical or otherwise, which constitutes a change to the terms, conditions, and price or delivery schedule of the contract. Only the

Contracting Officer is authorized to alter the contract in any manner.

http://www.fincen.uscg.mil/electron.htm http://www.fincen.uscg.mil/electron.htm

CEU MIAMI – IFB Construction 13 (Rev 7/12/2019 FAC 2019-03)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1. JOB SUPERINTENDENT

Special attention is called to the requirement for superintendence by the Contractor, FAR Clause 52.236-6. The contractor shall provide a job superintendent on the site at all times during contract performance that is able to read, write, understand, and speak English.

H.2 MODIFICATION PROPOSALS - PRICE BREAKDOWN

The contractor, in connection with any proposal made for a contract modification, shall furnish a price breakdown, itemized as required by the Contracting Officer. Unless otherwise directed, the breakdown shall be in sufficient detail to permit an analysis of all material, labor, equipment, subcontract, and overhead costs, as well as profit, and shall cover all work changed. Any amount claimed for subcontracts shall be supported by a similar price breakdown. In addition, if the proposal includes a time extension, a justification therefore shall also be furnished. The proposal, together with the price breakdown and time extension justification, shall be furnished by the date specified by the Contracting Officer. Once a contract modification has been authorized, the contractor shall submit an updated progress schedule that includes all changes implemented by the modification.

H.3 SANITATION

Adequate sanitary conveniences of an approved type for the use of persons employed on the work, and properly secluded from public observation, shall be constructed and maintained by the Contractor in such a manner and at such points as shall be required or approved by the Contracting Officer. These conveniences shall be maintained at all times without nuisance and their use shall be strictly enforced. Upon completion of the work they shall be removed from the premises, leaving the premises clean and free from nuisance.

H.4 WORK OUTSIDE REGULAR WORK HOURS

If the contractor desires to perform work under this contract outside regular work hours or on Saturdays, Sundays or holidays, a written request shall be made, to the Contracting Officer no less than 10 calendar days prior to the planned start of such work. Regular work hours are, for the purpose of this clause, those hours the activity or Command, where the work is to be performed, normally works on a day-by-day basis. Application by the Contractor does not imply consent by the Government. Each application will be considered, and a decision made, on the potential benefit of permitting such work. Approval of a Contractor’s application under this clause will be, unless otherwise agreed in writing, at no additional cost to the Government.

H.5 STATEMENT AND ACKNOWLEDGMENT FORM (SF 1413)

Special attention is called to the requirement for insertion of and compliance with various labor clauses called out in FAR

Clause 52.222-11 in any subcontracts regardless of tier. Within 14 days after contract award of the prime contract, an executed SF-1413 is required for each subcontract. This also applies to any subsequently awarded subcontract.

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H.6 REQUIRED BONDING –

PERFORMANCE BOND (Standard Form 25) will be required as follows: 100% of total amount of contract;

PAYMENT BOND (Standard Form 25a) will be required as follows: 100% of total amount of contract;

Performance and payment bonds placed with a surety or sureties acceptable to the Government and in the amounts indicated shall be submitted within ten (10) calendar days after receipt of award and shall be maintained for the entire contract.

H.7 REQUIRED INSURANCE

(a) The contractor shall procure and maintain insurance during the entire period of performance under this contract, in accordance with Federal Acquisition Regulation Clause 52.228-5, INSURANCE - WORK ON A GOVERNMENT

INSTALLATION (JAN 1997) (See Section I). FAR 28.307-2 states the following minimum amounts of liability:

MINIMUM COVERAGE REQUIRED

(1) Workers’ Compensation and Employer’s Liability - at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

**Notice: Working on a pier, wharf, bridge, or similar structure on, over, or adjacent to navigable waters may require employees to be covered by the Workers' Comp for Longshoremen Act (LHWCA). Contractors must determine whether

LHWCA applies to the work and the employees, and if it appropriate insurance that covers LHWCA liability must be provided. The following website is provided for assistance.

http://www.lhwca.com/about/when-does-the-lhwca-apply/

(2) General Liability. - bodily injury liability insurance coverage written on the comprehensive form of policy of at least

$500,000. per occurrence.

(3) Automobile Liability. - automobile liability insurance written on the comprehensive form of policy of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(b) As evidence that the specified insurance has been obtained, the contractor shall furnish the contracting officer with a certificate of insurance. Such certificate shall be furnished prior to commencement of work and shall provide for thirty

(30) calendar days written notice to the Contracting Officer.

http://www.lhwca.com/about/when-does-the-lhwca-apply/

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PART II – CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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

This contract incorporates one or more clauses by reference, with the same force and effect as if it was given in full text.

Upon request, the Contracting Officer will make full text available. Also, the full text of a clause may be assessed electronically at this/these address(es): http://www.arnet.gov/far/

I.2 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 DEFINITIONS (NOV 2013)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(OCT 2010)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS & REQUIREMENTS TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER

(MAY 2011)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-9 PERSONNEL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS

(OCT 2018)

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

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016)

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

52.204-17 OWNERSHIP OF CONTROL OF OFFEROR (JUL 2016)

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

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

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

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

52.214-29 ORDER OF PRECEDENCE – SEALED BIDDING (JAN 1986)

52.215-2 AUDIT AND RECORDS – NEGOTIATION (OCT 2010)

52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT (OCT 1997)

52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA (AUG 2011)

52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (OCT 2010)

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

52.217-7 OPTION FOR INCREASED QUANTITY SEPARATELY PRICED LINE ITEM (MAR

1989) http://www.arnet.gov/far/

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52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (OCT 2014) (DEVIATION 2019-O0003)

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

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

52.222-3 CONVICT LABOR (JUNE 2003)

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS-OVERTIME COMPENSATION

(MAY 2018)

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

52.222-8 PAYROLLS AND BASIC RECORDS (AUG 2018)

52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

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

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

52.222-12 CONTRACT TERMINATION-DEBARMENT (MAY 2014)

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED

REGULATIONS (MAY 2014)

52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-26 EQUAL OPPORTUNITY (SEP 2016)

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

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT

(DEC 2010)

52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

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

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

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING

(AUG 2011)

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

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

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT

(DEC 2007)

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

52.227-17 RIGHTS IN DATA - SPECIAL WORKS (DEC 2007)

52.228-1 BID GUARANTEE (SEP 1996)

(c) The amount of the bid guarantee shall be twenty percent (20%) of the bid price.

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.228-11 PLEDGES OF ASSETS (AUG 2018)

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

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

52.228-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION (OCT 2010)

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

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

52.232-17 INTEREST (MAY 2014)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

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

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52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT

(OCT 2018)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

52.233-1 DISPUTES (MAY 2014)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

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

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236-8 OTHER CONTRACTS (APR 1984)

52.236-9 PROTECTION OF EXISTING VEGETATION STRUCTURE, EQUIPMENT, UTILITIES AND

IMPROVEMENTS (APR 1984)

52.236-10 OPERATIONS AND STORAGE AREA (APR 1984)

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

52.236-12 CLEANING UP (APR 1984)

52.236-13 ACCIDENT PREVENTION, ALT I (NOV 1991)

52.236.15 SCHEDULES FOR CONSTRUCTION CONTRACT (APR 1984)

52.236-17 LAYOUT OF WORK (APR 1984)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

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

52.242-13 BANKRUPTCY (JUL 1995)

52.242-14 SUSPENSION OF WORK (APR 1984)

52.243-4 CHANGES (JUN 2007)

52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2019)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

52.248-3 VALUE ENGINEERING - CONSTRUCTION (OCT 2015)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (APR 2012) –

ALT I (SEP 1996)

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

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

I.3 DEPARTMENT OF HOMELAND SECURITY REGULATION (HSAR) (48 CFR CHAPTER 30) CLAUSES

3052.205-70 ADVERTISEMENTS, PUBLICIZING AWARDS, AND RELEASES (SEP 2012)

3052.211-70 INDEX FOR SPECIFICATIONS (DEC 2003)

3052.222-70 STRIKES OR PICKETING AFFECTING TIMELY COMPLETION OF THE CONTRACT WORK

(DEC 2003)

3052.222-71 STRIKES OR PICKETING AFFECTING ACCESS TO A DHS FACILITY (DEC 2003)

3052.223-90 ACCIDENT AND FIRE REPORTING (DEC 2003)

3052.228-70 INSURANCE (DEC 2003)

3052.228-90 NOTIFICATION OF MILLER ACT PAYMENT BOND PROTECTION (USCG) (DEC 2003)

3052.242-72 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (DEC 2003)

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I.4 IN ADDITION TO THE ABOVE CLAUSES INCORPORATED BY REFERENCE, THE FOLLOWING CLAUSES

ARE APPLICABLE TO THE SOLICITATION AND RESULTING CONTRACT:

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made.

No legal liability on the part of the Government for any payment may arise until funds are made available to the

Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

52.225-9 BUY AMERICAN ACT—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.

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(1) This clause implements the 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: ______ [Contracting Officer to list applicable excepted materials or indicate “none”]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the…