80KSC018R0001_(Rpl_AHU_SSPF)_Solicitation.pdf

NASA/KSC SOLICITATION 80KSC018R0001

TABLE OF CONTENTS

SECTION A SOLICITATION/CONTRACT FORM (SF1442)

SECTION B SUPPLIES OR SERVICES AND PRICE/COSTS

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF

WORK

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

SECTION I CONTRACT CLAUSES

SECTION J LIST OF ATTACHMENTS

SECTION K

REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS OR RESPONDENTS

SECTION L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO

OFFERORS OR RESPONDENTS

SECTION M EVALUATION FACTORS FOR AWARD

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B. 1 CONSTRUCTION SERVICES AND PRICES

Line Item Description Unit Total

Task 1 – SSPF AHU Replacement, Bid Package #5 (AHUs 21 & 23)

JOB $ TBD

Additive 1 – Provide New HEPA Filters for

AHU 21 & 23

JOB $ TBD

TOTAL $ TBD

(End of Clause)

B. 2 NFS 1852.216-78 FIRM FIXED PRICE (DEC 1988)

The total firm fixed price of this contract is TBD.

(End of Clause)

B. 3 PROJECT DELIVERABLES (MAY 2014)

Contract deliverables (manuals, reports, plans, and other written documentation) to be provided under this contract are identified in Section J, Attachment J-A, Project Deliverables. The costs associated with providing the data in Attachment J-A are included in the firm-fixed price of the awarded contract. Nothing contained in Attachment J-A shall relieve the Contractor from furnishing data called for by, or under the authority of, other provisions of this contract, which are not identified and described in Attachment J-A.

(End of Clause)

SECTION C – DESCRIPTION/SPECIFICATION/WORK STATEMENT

C. 1 SCOPE OF WORK (FEB 2017)

The Contractor shall furnish all management, supervision, labor, transportation, facilities, materials, tools, equipment, disposal, and documentation (except any property, including utilities, specified in the Schedule to be Government-Furnished) to perform all work for the Task(s) named below, and defined in the contract drawings, maps, specifications, and/or statements of work.

Line Item Description

0001 Task 1 – SSPF AHU Replacement, Bid Package #5 (AHUs 21 & 23)

0002 Additive 1 – Provide New HEPA Filters for AHU 21 & 23

(End of Clause)

C. 2 CONTRACT DRAWINGS, MAPS, SPECIFICATIONS, AND/OR STATEMENTS OF

WORK (FEB 2017)

(a) Five sets of full scale contract drawings, maps, specifications, and/or statements of work (excluding applicable publications incorporated into the technical provisions by reference), plus one CD or DVD containing electronic, portable document format (PDF) versions, will be furnished at award to the Contractor without charge. The work shall conform to the following contract drawings, maps, specifications, and/or statements of work, attached to this contract.

Drawing/Map 79K39208, titled “Space Station Processing Facility Replace Air Handling Units Bid Package 5”, dated October 4, 2017, sheets 1 through 22

Specification 79K39209, titled “SSPF M7-0360 AHUs 21 and 23 Design Refresh”, dated October 4, 2017, pages 1 through 415

(b) Addenda to Drawings, Maps, Specifications, and/or Statements of Work: N/A

(c) "Or Equal" Items” Throughout the technical specifications and drawings of this contract, where certain manufacturers’ trade names and model numbers are specified and followed by the term "or equal," the manufacturer's name and data as specified shall represent the minimum standard type, quality, and capacity acceptable for incorporation into the work covered by this contract.

The products of other manufacturers will be considered as being acceptable, provided that such products fully meet or exceed all minimum structural or use and operational features of the particular manufacturers’ items as specified, and provided that the other manufacturers’ items are easily interchangeable and can be adequately incorporated within the allocated space in the building or structure. In all cases, the acceptability of "or equal" items shall be at the Contracting Officer's discretion, based upon data submitted by the Contractor in accordance with the requirements under the Shop Drawings Clause.

(d) Omissions from the drawings or specifications, or the omission or misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and

SECTION C – DESCRIPTION/SPECIFICATION/WORK STATEMENT

specifications, or which are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work but they shall be performed as if fully and correctly set forth and described in the drawings and specifications.

(e) The Contractor shall check all drawings furnished him immediately upon their receipt and shall promptly notify the Contracting Officer of any discrepancies. Figures marked on drawings shall in general be followed in preference to scale measurements. Large scale drawings shall in general govern small scale drawings. The Contractor shall compare all drawings and verify the figures before laying out the work and will be responsible for any errors which might have been avoided thereby.

(End of Clause)

C. 3 REQUEST FOR INFORMATION/CLARIFICATION (RFIC) (MAY 2014)

The Contractor shall promptly report to the Contracting Officer all problems or conflicting technical information encountered during the contract performance so that the Government may provide solutions or appropriate direction. Such problems shall be reported on KSC Form No. 8- 268, "Request for Information/Clarification," to be provided by the Government. A copy of each RFIC will be provided to the Contracting Officer’s Representative (COR) concurrently with the transmittal to the Contracting Officer. The Contractor shall log and control each Request for Information/Clarification (RFIC), including those generated by subcontractors.

(End of Clause)

C. 4 DEVIATIONS AND WAIVERS (JUN 2017)

(a) When the Contractor proposes to perform work which does not conform to the requirements of the applicable contract drawings and specifications, the Contractor shall submit to the Contracting Officer for approval, a written request for deviation or request for waiver on the nonconforming work.

(b) All requests by the Contractor shall be submitted on KSC Form 50-314 (Contractor Request For Deviation/Waiver) including an offer of consideration to the Government. The request must be technically supported by justification, rationale, design considerations, calculations and other data which permits ready and conclusive evaluation by the Government as to acceptability or nonacceptability.

(c) Where a requested deviation or waiver on a particular aspect of the work has a relation to, or affects, other aspects of the work, those other aspects of the work shall be clearly identified and referenced. And, if the requested deviation or waiver necessitates a deviation or waiver on other aspects, requests for all such deviations and waivers must be submitted concurrently.

(d) Any request not submitted in strict accordance with this provision will not be considered.

SECTION D – PACKAGING AND MARKING

NOT APPLICABLE TO THIS SOLICITATION/CONTRACT

SECTION E - INSPECTION AND ACCEPTANCE

E. 1 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

INCORPORATED BY REFERENCE

FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

E. 2 BASIC INSPECTION SYSTEM (MAR 2016)

Pursuant to FAR Clause 52.246-12, Inspection of Construction or FAR Clause 246-13, Inspection

– Dismantling, Demolition, or Removal of Improvements:

The Contractor shall maintain and implement a basic inspection system as identified below:

(a) Definitions:

"Inspection" means examining and testing supplies or services (including, when appropriate, raw materials, components, and intermediate assemblies) to determine whether they conform to contract requirements.

"Testing" means that element of inspection that determines the properties or elements, including functional operation of supplies or their components, by the application of established scientific principles and procedures.

"Independent Testing Laboratory" means an independent organization, accepted by the Contracting Officer, engaged to perform specific inspections or tests of the work, either at the site or elsewhere, and report the results of these inspections or tests.

(b) The inspection system shall be documented to ensure and provide objective evidence of quality control in the form of records of inspections and test results. The system shall also ensure that nonconforming articles or materials are discovered, documented, and controlled through effective remedial and preventive actions.

The Contractor may use, at his option, in whole or in part, his existing higher level inspection system or quality assurance program provided such system is revised and identified to the requirements below.

(c) The Contractor shall provide a narrative description of an inspection system which provides for compliance with the quality requirements and technical criteria of the contract.

(1) The description shall be submitted for review by the Contracting Officer not later than 7 days after contract award.

(2) The description shall address each of the Basic Inspection System Requirements identified in paragraph (d) below. This submittal shall address both the general inspection system that will be used during the performance of all work under the contract, including but not limited to those items identified under paragraphs d(1), d(2)(iv), d(2)(v), and d(2)(vi) below.

(d) Basic Inspection System Requirements: The Contractor shall describe how each of the following requirements is to be satisfied and what records will be maintained, both on-site and offsite.

(1) The Contractor shall identify the individual responsible for on-site contact and communication relative to implementation and operation of the inspection system. The name of this individual shall be provided, in writing, to the Contracting Officer’s Representative (COR).

(2) Standard requirements:

(i) A purchasing control system which ensures that all purchasing documents, including those of subcontractors and suppliers, are traceable to the drawings, specifications, and approved submittal requirements.

(ii) A receiving inspection system with documented evidence of Contractor inspection traceable to the procurement documents.

(iii) A system of controls and records for handling, recording, identification and disposition of nonconforming articles and materials.

(iv) A system of identification of inspections required by each specific section of the specifications and drawings and what records will be maintained.

(v) Identification of tests to be performed, including test procedures, test records, and the independent testing organization(s) be utilized.

(vi) Additional requirements (if included in the drawings, specifications, or contract provisions):

(A) Certification or recertification of personnel and qualification of procedures.

(B) Management and accountability of Government furnished equipment, components, or materials.

(C) Calibration of inspection test gages, tools, measuring instruments, and independent laboratories to be utilized.

(End of Clause)

E. 3 SYSTEMS ACCEPTANCE AND TESTING (MAY 2014)

Pursuant to FAR 52.246-12, Inspection of Construction:

Systems tests shall be performed as described below:

(a) SYSTEMS

Systems tests shall be performed on fire protection, fire suppression, HVAC, compressed air and all other assemblies of components which must be tested as an inter-related whole to verify proper functioning.

(b) SYSTEM TEST PROCEDURES

A test procedure and a recording form which documents every step of the system test shall be submitted for approval under the terms of the "Shop Drawings" clause of this contract.

Test procedures must be approved prior to requesting a date for testing. Each step in the test procedure shall be witnessed by the Contracting Officer's Representative who shall then date and sign the approved recording form for each step witnessed.

The procedure shall consist of step by step instructions for testing all specified system parameters, system components, and proper overall functioning of the system.

(c) SYSTEM TESTING AND ACCEPTANCE

The following tests shall be performed by the Contractor in strict accordance to the approved test procedure described above.

(1) Functional Test -- This shall be an "in house" test to verify proper installation and functioning of the system and its components. This functional test shall be performed in the presence of Government inspectors and shall be repeated until the Contractor can perform one full test without device or system malfunction.

(2) System Acceptance Test -- After successful completion of the functional testing the system shall be tested formally with full documentation using the previously approved recording form. The Contractor shall notify the Contracting Officer, in writing, forty eight (48) hours prior to system acceptance testing. The appointed Contracting Officer Representative will witness, date and stamp each test in the procedure. Acceptance of the system will be based upon the written approval of the Contracting Officer’s Representative.

Note: For work involving fire detection and suppression systems, additional testing & acceptance requirements are described in project technical specifications

The contractor shall use the following form for transfer of fire alarm / fire suppression systems from the government to the contractor:

KSC - TRANSFER OF RESPONSIBILITY

FROM:

ISC FIRE PROTECTIVE SYSTEMS – KSC, K6-1446A / KSC-326 Ph. 321-861-4681 / 4683

TO: __________________COMPANY: ____________________ EFFECTIVE DATE: ________________

ADDRESS ___________________________________________ PHONE # __________________________

EMERGENCY CONTACT: ____________________________ PHONE # __________________________

SYSTEM: __________________________________________________________________________________

WON #: ____________________________________________________________________________________

SYSTEM STATUS: OPERATIONAL * PARTIALLY FUNCTIONAL * OUT OF SERVICE

(* Indicate Below)

TRANSFER OF: ENTIRE SYSTEM *PARTIAL (Explain Below)

REASON FOR TRANSFER:

CONDITIONS OF TRANSFER: The assignee agrees to the responsibility of the following:

Coordination of work on the transferred system described above with the COR. Assignee is responsible for documenting existing system condition prior to transfer. Assignee also agrees to implement safety plans and alternate workaround procedures that facilitate reporting of emergency/fire/security situations, when applicable. The assignee will assure that any and all modifications, installations and changes to the system are in compliance with the contract documents. The assignee assumes responsibility for returning the system/equipment in an operationally ready state and agrees to demonstrate through functional test, that the system has been installed in accordance with contract specifications and drawings.

Name: _______________________ Signature: _______________________ Dated: _______________________ [Assignee]

Name: _______________________ Signature: _______________________ Dated: _______________________ [ISC Fire Protective Systems Representative]

Name: _______________________ Signature: _______________________ Dated: _______________________

[COR]

NOTE: A COPY OF THIS TRANSFER SHALL BE POSTED IN OR ATTACHED TO THE

SYSTEM/EQUIPMENT BEING TRANSFERRED.

The contractor shall use the following form to communicate readiness for Preliminary Fire Alarm Testing:

CONTRACTOR READINESS AFFIRMATION – For “Preliminary” Fire Alarm Testing NASA Contract Number: _______________________________

Instructions: The Prime Contractor is responsible to ensure the fire alarm system is “ready” for formal preliminary testing. Circle the proper response and write the date completed. Any ‘No’ response would typically prevent submission of the form.

CONTRACT #: ______________ LOCATION/FACILITY:__________________FACILITY #____________

(circle) Date

Yes No N/A ______ Conduit & wiring is complete. Includes continuity/insulation resistance tests & wiring labeling.

Yes No N/A ______ All fire alarm devices are installed.

Yes No N/A ______ Auxiliary functions are connected and known to be operational. Example: AHU shutdown

Yes No N/A ______ Fire alarm panel program, specific to this job, is loaded and operational.

Yes No N/A ______ All troubles, ground faults, etc. have been removed; system is effectively

NORMAL.

Yes No N/A ______ Fire alarm vendor/subcontractor conducted a “contractor checkout” of the fire alarm system, with completion on this date: ___________________ which included testing of a sample of inputs and outputs. Example: rang bells to verify operation in temporal-three pattern, tested 5% of all devices, verified AHU shutdown, verified FACP switched to battery upon loss of 120VAC, etc.

Yes No N/A ______ NFPA 72 Record of Completion form is started for the installation.

Yes No N/A ______ System drawings are available for addition of “red-lines”

Yes No N/A ______ Support needed for successful completion of the Preliminary Test has been identified in writing to the Contracting Officer. Examples: support to test existing fire suppressions systems, elevator crew support, HVAC crew support, security system crew support to verify mag-locks are de-energized, etc.

The undersigned attests that the subject fire alarm system is ready for PRELIMINARY TEST;

Name: __________________________________ Signature:__________________________________________ [Prime Contractor Representative]

Form Completion Date: __________________ Proposed Preliminary Test Date(s):_____________________

Transmit this form per submittal schedule in the contract.

Nothing in this clause shall relieve the contractor from the requirements of FAR 52.246-12, "Inspection of Construction."

(End of Clause)

E. 4 CONCRETE PLACEMENT INSPECTION AND PLAN (MAY 2014)

(a) All forms, reinforcement and embedded items shall be placed and ready for inspection 24 hours to 48 hours prior to any concrete placement. After Government inspection of forms and embedded items and at least 24 hours before concrete placement the Contractor shall meet with the Contracting Officer's Representative and provide a written plan for concrete placement including the following information:

(1) Volume of concrete to be placed and calculations used in determining volume.

(2) Verification from concrete supplier of volume of concrete to be delivered and delivery date.

(3) Labor breakdown for crew to be used on concrete placement and finishing.

(4) Equipment to be used during placement and finishing.

(b) The Contractor's plan for concrete placement must be approved by the Contracting Officer's Representative prior to placement of concrete. The Government reserves the right to waive the above requirement for placement of less than 3 cubic yards. The Contractor shall place no concrete without an approved concrete placement plan or a written waiver from the Contracting Officer.

(End of Clause)

E. 5 FINAL INSPECTION AND ACCEPTANCE (MAR 2016)

Final inspection and acceptance of all work under this contract will be conducted by the Contracting Officer’s Representative (COR). Upon satisfactory completion of the contract, the Contractor shall be paid the fixed-price value of the contract, less the amount of any progress payments made under FAR Clause 52.232.5, Payments Under Fixed-Price Construction Contracts, or FAR Clause 52.237-4, Payment by Government to Contractor.

NOTE: The contractor shall include a line item in the schedule of values and progress schedule for completion of punch-list items, site clean-up, demobilization and final construction (as-built) drawings. The amount of this line item shall be equal to 10% of the contract value or $100,000, whichever is less. The Government will not pay final invoices for this amount until all punch-list, site clean-up, and demobilization activities are complete;

final construction drawings are delivered; and final acceptance is made on DD Form 250, Material Inspection and Receiving Report.

SECTION F – DELIVERIES OR PERFORMANCE

F. 1 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

INCORPORATED BY REFERENCE

FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984)

Fill-Ins:

(a) The Contractor shall be required to (a) commence work under this contract within five (5) calendar days after the date the Contractor receives the notice to proceed.

(c) complete the entire work ready for use not later than 250 calendar days after the date the contractor receives the notice to proceed.

FAR 52.242-14 SUSPENSION OF WORK (AUG 1984)

F. 2 KSC 52.211-92 WORK PERIOD (MAR 2002)

Contractor's work day will be limited to first shift 7:00 A.M. to 3:30 P.M., on Monday through Friday only. Any other work period will require special/ written approval from the Contracting Officer seven (7) days in advance of proposed change in work periods.

(End of Clause)

F. 3 PLACE OF PERFORMANCE (MAY 2014)

This is a firm-fixed price construction contract for the Space Station Processing Facility (SSPF) Air Handling Unit Replacement at Kennedy Space Center, Florida.

(End of Clause)

F. 4 DOWNTIME AND EXCAVATION HOLDS (DEC 2016)

For the purposes of this contract, the Contractor shall assume a maximum of 15 days during which all construction activities will be prohibited. In addition the Contractor shall assume a maximum of 5 days during which all excavation and other subsurface activities will be prohibited but other construction activities will be allowed.

SECTION G – CONTRACT ADMINISTRATION DATA

G. 1 NASA FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 18) CLAUSES

INCORPORATED BY REFERENCE

NFS 1852.223-71 FREQUENCY AUTHORIZATION (APR 2015)

NFS 1852.245-82 OCCUPANCY MANAGEMENT REQUIREMENTS (JAN

2011)

NFS 1852.245-83 REAL PROPERTY MANAGEMENT REQUIREMENTS

(JAN 2011)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H. 1 NASA FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 18) CLAUSES

INCORPORATED BY REFERENCE

NFS 1852.223-70 SAFETY AND HEALTH MEASURES AND MISHAP

REPORTING (DEC 2015)

NFS 1852.223-75 MAJOR BREACH OF SAFETY OR SECURITY (FEB 2002)

NFS 1852.225-70 EXPORT LICENSES (FEB 2000)

Fill-in: NASA’s Kennedy Space Center

NFS 1852.242-72 DENIED ACCESS TO NASA FACILITIES (OCT 2015)

H. 2 NFS 1852.243-72 EQUITABLE ADJUSTMENTS (APR 1998)

(a) The provisions of all other clauses contained in this contract which provide for an equitable adjustment, including those clauses incorporated by reference with the exception of the "Suspension of Work" clause (FAR 52.242-14), are supplemented as follows:

Upon written request, the Contractor shall submit a proposal for review by the Government.

The proposal shall be submitted to the contracting officer within the time limit indicated in the request or any extension thereto subsequently granted. The proposal shall provide an itemized breakdown of all increases and decreases in the contract for the Contractor and each subcontractor in at least the following detail: material quantities and costs; direct labor hours and rates for each trade; the associated FICA, FUTA, SUTA, and Workmen's Compensation Insurance; and equipment hours and rates.

(c) The overhead percentage cited below shall be considered to include all indirect costs including, but not limited to, field and office supervisors and assistants, incidental job burdens, small tools, and general overhead allocations. "Commission" is defined as profit on work performed by others. The following percentages for overhead, profit, and commission are negotiated for this contract according to the nature, extent, and complexity of the work involved and shall not be exceeded on any equitable adjustments. These rates are negotiable, downward only, if the nature, extent, and complexity of the work involved on an equitable adjustment are not commensurate with the basic contract.

Overhead (Percent)

Profit (Percent)

Commission

To Contractor on work performed by other than its own forces

----- ----- 10 percent

To first tier subcontractor on work performed by its subcontractors

----- ----- 10 percent

To Contractor and/or subcontractors on work performed with their own forces

10 percent 10 percent -----

(c) Not more than four percentages for overhead, profit, and commission shall be allowed regardless of the number of subcontractor tiers.

(d) The Contractor or subcontractor shall not be allowed overhead or commission on the overhead, profit, and/or commission received by its subcontractors.

(e) Equitable adjustments for deleted work shall include credits, limited to the same percentages for overhead, profit, and commission in paragraph (b) of this clause.

(f) On proposals covering both increases and decreases in the amount of the contract, the application of the overhead, profit, and commission shall be on the net change in direct costs for the Contractor or the subcontractor performing the work.

(g) After receipt of the Contractor's proposal, the contracting officer shall act within a reasonable period, provided that when the necessity to proceed with a change does not permit time to properly check the proposal, or in the event of a failure to reach an agreement on a proposal, the contracting officer may order the Contractor to proceed on the basis of the price being determined at the earliest practicable date. In such a case, the price shall not be more than the increase or less than the decrease proposed.

(End of Clause)

H. 3 KSC 52.223-121 REPORTING OF INCIDENTS INVOLVING WORKPLACE

VIOLENCE (NOV 2016)

The contractor shall conduct training on and develop procedures for recognizing, managing and responding to incidents and threats of workplace violence as defined in NASA Policy Directive (NPD) 1600.3. Contractors shall also promptly report all incidents involving workplace violence to the Protective Services Office. If the NASA Threat Assessment Team (TAT) Chair and Co-Chair determine it is appropriate for the contractor to participate in a TAT meeting, the contractor shall comply with the TAT request. The contractor is also responsible for reporting disposition of the incident reported to the NASA TAT.

This requirement shall flow down to the subcontractors, however the subcontractors shall report up through the prime contractor.

H. 4 KSC 52.242-90 CONTROLS APPLICABLE TO CONTRACTORS’ACTIVITIES

(JUN 2016)

The Contractor shall comply with the publications below, and subsequent revision thereof, that the Contracting Officer has indicated as being incorporated in this contract by reference. These publications prescribe regulatory and procedural criteria which are applicable to this contract.

The contractor shall promptly take corrective action upon notice of noncompliance from the Contracting Officer or his/her authorized representative(s) with any provision of the publications listed below.

The following compliance documents may be found at:

https://procurement.ksc.nasa.gov/PPD/documents

KNPR 8715.2, Comprehensive Emergency Management Plan

KNPR 1600.1, KSC Security Procedural Requirements

KNPR 8500.1, KSC Environmental Management

KNPR 8715.3, KSC Safety Practices Procedural Requirements

Check if applicable:

[X] KNPD 1810.1 KSC Occupational Medicine Program

[X] KNPR 1860.1 KSC Ionizing Radiation Protection Program

[X] KNPR 1860.2 KSC Nonionizing Radiation Protection Program

[X] KNPR 1820.3 KSC Hearing Loss Prevention Program

[X] KNPR 1820.4 KSC Respiratory Protection Program

[X] KNPR 1840.19 KSC Industrial Hygiene Programs

[ ] 45SWI40-201 45th Space Wing Instruction 40-201 Radiation Protection Program

[ ] KNPR 1840.1 KSC Hazard Communication Program

[ ] KNPR 1870.1 KSC Sanitation Program

[X] KNPR 2570.1 KSC Radio Frequency Spectrum Management Procedural Requirements

[ ] KNPR 4000.1 Supply and Equipment System Manual

[X] KNPR 6000.1 Transportation Support System

[X] KNPR 8715.7 KSC Construction Contractor Safety and Health Practices Procedural Requirements

[X] KNPR 8830.1 Facilities and Real Property Management Procedural Requirements

(End of Clause)

H. 5 KSC 52.242-93 CONTRACTOR WORKFORCE REPORT – ONSITE

CONTRACTORS AND SUBCONTRACTORS (OCT 2006)

The Contractor shall submit, on a quarterly basis, a manpower report delineating information about its workforce. The report shall include: the contract number, the contractor's total on-site workforce, total on-site union represented employees by bargaining unit; total on-site non-union represented employees, and total off-site workforce performing on the contract. The Contractor shall provide this information no later than 10 days after the close of each reporting period which end March 31st, June 30th, September 30th, and December 31st. The report shall be submitted to the Contracting Officer with copies to Workforce Planning and Analysis Office, (Code BA-D) and Industrial Labor Relations Office (Code OP).

(End of Clause)

H. 6 SAFETY AND HEALTH (AUG 2017)

Pursuant to NFS 1852.223-70, Safety and Health:

(a) Safety is the freedom from those conditions that can cause death, injury, occupational illness, damage to or loss of equipment or property, or damage to the environment. NASA’s safety priority is to protect: the public, astronauts and pilots, the NASA workforce (including contractor employees working on NASA contracts), and high-value equipment and property.

(b) The Contractor shall take all reasonable safety and occupational health measures in performing this contract. The Contractor shall comply with all Federal, State, and local laws applicable to safety and occupational health and with the safety and occupational health standards, specifications, reporting requirements, and any other relevant requirements of this contract.

(c) Kennedy Space Center Voluntary Protection Program (VPP)

Kennedy Space Center has implemented a comprehensive safety and health management system, and has demonstrated its commitment to providing and maintaining a safe workplace by successfully completing a rigorous evaluation process to achieve recognition by the Occupational Health and Safety Administration (OSHA) as a “Voluntary Protection Program

(VPP) Star Worksite.” The VPP program promotes effective worksite-based safety and health, encourages employers and employees to reduce the number of occupational safety and health hazards at their places of employment, establishes cooperative relationships between management, labor, and OSHA, and serves to augment limited OSHA resources.

(d) Reporting Procedures for Close Calls and Mishaps (Also reference NFS 1852.223-70, Safety and Health)

(1) The contractor shall submit a NASA Direct Construction Contractor Mishap Report Form (KDP-F-3645) to the Contracting Officer to document close calls or mishaps and associated corrective actions. In addition, the Contracting Officer may issue a “Notice of Violation” to document safety violations under this contract when needed.

The Contractor shall use the form provided to communicate actions taken to correct or mitigate safety/health non-conformance at the job-site, as well as any corrective actions taken to prevent recurrence. This report must be posted on the job site until all corrective actions have been completed.

(2) In the event the non-compliance poses imminent danger, the Contracting Officer may invoke the stop-work order clause in this contract until such time as the immediate hazard has been mitigated. If the Contractor fails or refuses to institute prompt corrective action, the Contracting Officer may invoke the stop-work order clause or any other remedy available to the Government in the event of such failure or refusal.

(3) The Contractor (or subcontractor or supplier) shall insert the “Reporting Procedures for Close Calls and Mishaps” section of this clause, including this paragraph and any applicable Schedule provisions and clauses, with appropriate changes of designations of the parties, in all solicitations and subcontracts of every tier, when the work will be conducted completely or partly on premises owned or controlled by the Government.

(End of Clause)

H. 7 SPECIAL ENCLAVE STATUS FOR KENNEDY SPACE CENTER (JUL 2014)

Pursuant to FAR 52.222-6, Construction Wage Rate Requirements:

The Kennedy Space Center (KSC) is part of a special enclave within Brevard County which includes the geographic area consisting of KSC, Cape Canaveral Air Force Station, and Patrick Air Force Base, as specified in the attached wage determination. The Department of Labor (DOL) designated KSC as a part of this special enclave in the 1960’s during construction of the launch complex. The labor classifications and prevailing wages differ significantly from those contained in wage determinations for the surrounding areas; and, the process of determining the proper labor classifications for work to be performed may differ significantly from that in a non-enclave environment. Offerors should contact the DOL for instructions concerning selection of proper labor classifications for all KSC construction projects within this special enclave. The

DOL local office phone numbers are (321) 242-1851/office and (321) 614-8823/mobile.

The selection of the proper labor classifications from the solicitation’s wage determination for the pricing of bids/proposals is the responsibility of the offeror in consultation with the DOL.

Post award the contractor should continue to be aware of any potential impact KSC’s special enclave status might have during contract performance (e.g. contract modifications). It is incumbent upon the offeror to make potential subcontractors aware of KSC’s special enclave status and to instruct them to contact DOL for instructions for choosing the proper labor classifications. The Agency will not make any official determination as to the proper labor classifications for work described in this solicitation.

The successful offeror shall be solely responsible for the employment of workers with the proper skills and payment of them in accordance with FAR 52.222-6, Construction Wage Rate Requirements, and the solicitation’s wage determination. The Agency will monitor contractor compliance in accordance with 29 CFR 5.5. Non-compliance will be reported to the DOL. DOL will determine compliance with the Act and decide on enforcement actions. Any disputes concerning labor standards requirements will be handled by the DOL in accordance with FAR 52.222-14, Disputes Concerning Labor Standards.

SECTION I – CONTRACT CLAUSES

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

FAR site: http://www.acquisition.gov/far/index.html NFS site: http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm

(End of Clause)

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

CLAUSES INCORPORATED BY REFERENCE

CLAUSE TITLE

FAR 52.202-1 DEFINITIONS (NOV 2013)

FAR 52.203-3 GRATUITIES (APR 1984)

FAR 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT (SEP 2006)

FAR 52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

FAR 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS

FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

FAR 52.203-10 PRICE OR FEE ADJUSTMENTS FOR ILLEGAL OR IMPROPER

ACTIVITY (MAY 2014)

FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (OCT 2010)

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (APR 2014)

FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER

FIBER CONTENT PAPER (MAY 2011)

FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (JAN 2011)

FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (OCT 2016)

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

(OCT 2016)

FAR 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS

(OCT 2016)

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE (JUL 2016)

FAR 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015)

FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS (JUL 2013)

FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS (NOV 2015)

FAR 52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS

(APR 2008)

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

FAR 52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT

(OCT 1997)

FAR 52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR

PRICING DATA (AUG 2011)

FAR 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA

(OCT 2010)

FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

FAR 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA

AND DATA OTHER THAN CERTIFIED COST OR PRICING

DATA – MODIFICATIONS (OCT 2010) (ALTERNATE I)

(OCT 2010)

Fill-In: Para (b)(1): Cost data (e.g., established catalog or market prices, vendor quotes, sales to governmental and non-governmental entities, etc) to the extent necessary for the Contracting Officer to determine a fair and reasonable price. The cost portion of the proposal shall be submitted via e-mail in MS Excel format. The Contracting Officer shall be provided access to records necessary to permit an adequate evaluation of the proposed price in accordance with FAR 15.408.

FAR 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR

HUBZONE SMALL BUSINESS CONCERNS (OCT 2014)

(ALTERNATE I) (JAN 2011)

FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016)

FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (JUL 2013)

FAR 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES

(FEB 1997)

FAR 52.222-3 CONVICT LABOR (JUN 2003)

FAR 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT—

OVERTIME COMPENSATION (MAY 2014)

FAR 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (MAY 2014)

FAR 52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

FAR 52.222-8 PAYROLLS AND BASIC RECORDS (MAY 2014)

FAR 52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

FAR 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS

(FEB 1988)

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

FAR 52.222-12 CONTRACT TERMINATION--DEBARMENT (MAY 2014)

FAR 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE

REQUIREMENTS AND RELATED REGULATIONS (MAY 2014)

FAR 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

FAR 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

FAR 52.222-26 EQUAL OPPORTUNITY (SEP 2016)

FAR 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR

CONSTRUCTION (APR 2015)

FAR 52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

FAR 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (DEC 2010)

FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

FAR 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

FAR 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658

(DEC 2015)

FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS

UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013)

FAR 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION (MAY 2011)

FAR 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

FAR 52.223-12 MAINTENANCE, SERVICE, REPAIR, OR DISPOSAL OF

REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (JUN 2016)

FAR 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS

(DEC 2007)

FAR 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS

IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)

FAR 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING (AUG 2011)

FAR 52.223-20 AEROSOLS (JUN 2016)

FAR 52.223-21 FOAMS (JUN 2016)

FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN

2008)

FAR 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

FAR 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND

COPYRIGHT INFRINGEMENT (DEC 2007)

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

FAR 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

FAR 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION

(JAN 1997)

FAR 52.228-11 PLEDGES OF ASSETS (JAN 2012)

FAR 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS

(MAY 2014)

FAR 52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

FAR 52.228-15 PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION

(OCT 2010)

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

FAR 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS

(MAY 2014)

FAR 52.232-17 INTEREST (MAY 2014)

FAR 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

FAR 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS

(JAN 2017)

Submit Invoices To:

1 - Original NASA Shared Services Center (NSSC)

Financial Management Division (FMD) – Accounts Payable Bldg 1111, C. Road Stennis Space Center, MS 39529

FAX: 866-209-5415

Email: NSSC-AccountsPayable@nasa.gov

1 - Copy NASA John F. Kennedy Space Center Procurement Office, Code OP-ES-B Kennedy Space Center, FL 32899

FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM

FOR AWARD MANAGEMENT (JUL 2013)

Any questions related to payment via Electronic Funds Transfer (EFT) should be directed to:

Designated Paying Office NASA Shared Services Center (NSSC) Financial Management Division (FMD) - Accounts Payable Bldg 1111, C. Road Stennis Space Center, MS 39529 Email: NSSC-AccountsPayable@nasa.gov Fax: 866-209-5415

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS

(JUN 2013)

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

FAR 52.233-1 DISPUTES (MAY 2014)

FAR 52.233-1 DISPUTES (MAY 2014) (ALTERNATE I)(DEC 1991)

FAR 52.233-3 PROTEST AFTER AWARD (AUG 1996)

FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIMS

(OCT 2004)

FAR 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

FAR 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE

WORK (APR 1984)

FAR 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

FAR 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

FAR 52.236-8 OTHER CONTRACTS (APR 1984)

FAR 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)

FAR 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

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

FAR 52.236-12 CLEANING UP (APR 1984)

FAR 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

FAR 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

FAR 52.236-17 LAYOUT OF WORK (APR 1984)

FAR 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(FEB 1997) ALTERNATE I (APR 1984)

FAR 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

FAR 52.242-13 BANKRUPTCY (JUL 1995)

FAR 52.243-4 CHANGES (JUN 2007)

FAR 52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)

FAR 52.243-6 CHANGE ORDER ACCOUNTING (APR 1984)

FAR 52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)

FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2017)

FAR 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

FAR 52.248-3 VALUE ENGINEERING – CONSTRUCTION (OCT 2015)

FAR 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(FIXED-PRICE) (APR 2012)(ALTERNATE I (SEP 1996)

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

FAR 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

I. 3 NASA FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 18) CLAUSES

INCORPORATED BY REFERENCE

NFS 1852.203-71 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (AUG 2014)

NFS 1852.204-76 SECURITY REQUIREMENTS FOR UNCLASSIFIED

INFORMATION TECHNOLOGY RESOURCES (JAN 2011)

NFS 1852.215-84 OMBUDSMAN (NOV 2011)

NFS 1852.228-75 MINIMUM INSURANCE COVERAGE (OCT 1988)

NFS 1852.236-73 HURRICANE PLAN (DEC 1988)

NFS 1852.237-70 EMERGENCY EVACUATION PROCEDURES (DEC

1988)

NFS 1852.237-72 ACCESS TO SENSITIVE INFORMATION (JUN 2005)

NFS 1852.237-73 RELEASE OF SENSITIVE INFORMATION (JUN 2005)

NFS 1852.243-71 SHARED SAVINGS (MAR 1997)

I. 4 FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

(a) Definitions. As used in this clause—

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at FAR 22.1301.

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

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor.

The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

I. 5 FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES (JUL 2014)

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

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the

Secretary, so that such provisions will be binding upon each subcontractor or vendor. The

Contractor shall act as specified by the Director, Office of Federal Contract Compliance

Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

I. 6 FAR 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED

MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS

(MAY 2008) ALTERNATE I (MAY 2008)

(a) Definitions. As used in this clause—

“Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item.

Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor shall execute the following certification required by the Resource

Conservation and Recovery Act of 1976 (42 U.S.C. 6962(i)(2)(C)):

CERTIFICATION

I, _______________ (name of certifier), am an officer or employee responsible for the performance of this contract and hereby certify that the percentage of recovered material content for EPA-designated items met the applicable contract specifications or other contractual requirements.

[Signature of the Officer or Employee]

[Typed Name of the Officer or Employee]

[Title]

[Name of Company, Firm, or Organization]

[Date]

(END OF CERTIFICATION)

(c) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to the Contracting Officer.

(End of Clause)

I. 7 FAR 52.225-9 BUY AMERICAN - CONSTRUCTION

MATERIALS (MAY 2014)

(a) Definitions. As used in this clause—

“Commercially available off-the-shelf (COTS) item”—

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

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace;

and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“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—

(3) 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

(4) 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.