A-3 COMBINED SPECIFICATIONS - WA ANG B456.pdf

Repair Building 456 Civil Engineering

Fairchild Air Force Base, Washington ANG Project No.: GJKZ152865

February 11, 2022

Type B-3 Specifications

Repair HVAC Building 456 Services ANG Project #GJKZ152865 Fairchild Airforce Base, Spokane, WA 100% B-3 Submission Washington Air National Guard

Page Intentionally Left Blank

M. YVONNE HIDLE

Project Architect

SHAHRAM ADABI

Structural Engineer

LOGAN DORRELL

Mechanical Engineer

NAM NGUYEN

Electrical Engineer

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Specifications Table of Contents

00 – BIDDING REQUIREMENTS

00700 Contract Clauses 00800 Special Contract Requirements

01 – GENERAL REQUIREMENTS

01000 General 01000 Special MATOC Contract Requirements 01001 Affirmative Procurement 01300 Submittals 01451 Contractor Quality Control 01700 As Built Records

02 – EXISTING CONDITIONS

024119 FL Selective Demolition

03 – CONCRETE

032000 Concrete Reinforcement 033000 Cast-in-Place Concrete

04 – MASONRY

042200 Concrete Unit Masonry 042613 FL Masonry Veneer

05 – METALS

052100 Steel Joist Framing 054000 FL Cold-Formed Metal Framing 055000 Metal Fabrications

06 – WOOD, PLASTICS, AND COMPOSITES

061053 FL Miscellaneous Rough Carpentry 061600 FL Sheathing

07 – THERMAL AND MOISTURE PROTECTION

072100 FL Thermal Insulation

074213.19 FL Insulated Metal Wall Panels

076200 FL Sheet Metal Flashing and Trim 079200 FL Joint Sealants

08 – OPENINGS

081113 FL Hollow Metal Doors and Frames (ABI) 084113 FL Aluminum-Framed Entrances and Storefronts (ABI) 085113 FL Aluminum Windows (ABI) 087100 FL Door Hardware (ABI) 088000 FL Glazing (ABI)

09 – FINISHES

Washington Air National Guard

090190.52 FL Maintenance Repainting

095113 FL Acoustical Panel Ceilings 099113 FL Exterior Painting

10 – SPECIALTIES

None

11 – EQUIPMENT

None

12 – FURNISHINGS

None

13 – SPECIAL CONSTRUCTION

None

14 – CONVEYING EQUIPMENT

None

21 – FIRE SUPPRESSION

211313 SF Wet-Pipe Sprinkler Systems

22 – PLUMBING

221116 SF Domestic Water Piping

23 – HVAC

230130.52 Existing HVAC Air Distribution System Cleaning

230513 Common Motor Requirements for HVAC Equipment 230517 Sleeves and Sleeve Seals for HVAC Piping 230518 Escutcheons for HVAC Piping 230529 Hangers and Supports for HVAC Piping and Equipment 230548 Vibration and Seismic Controls for HVAC 230553 Identification for HVAC Piping and Equipment 230593 Testing, Adjusting, and Balancing for HVAC 230713 Duct Insulation 230719 HVAC Piping Insulation 230800 Commissioning of HVAC

230993.11 Sequence of Operations for HVAC DDC

231123 Facility Natural-Gas Piping 232300 Refrigerant Piping 233113 Metal Ducts 233300 Air Duct Accessories 233346 Flexible Ducts

237416.13 Packaged, Large-Capacity, Rooftop Air-Conditioning Units 237433 Dedicated Outdoor-Air Units 238126 Split-System Air-Conditioners

26 – ELECTRICAL

260519 FL Low-Voltage Electrical Power Conductors and Cables 260533 FL Raceway and Boxes for Electrical Systems 260553 FL Identification for Electrical Systems 262816 FL Enclosed Switches and Circuit Breakers

Washington Air National Guard

262923 FL Variable-Frequency Motor Controllers 264313 FL Surge Protective Devices for Low-Voltage Electrical Power Circuits

27 – COMMUNICATIONS

None

28 – ELECTRONIC SAFETY AND SECURITY

None

31 – EARTHWORK

None

32 – EXTERIOR IMPROVEMENTS

321313 FL Concrete Paving (ABI) 321373 FL Concrete Paving Joint Sealants (ABI) 323113 FL Chain Link Fences and Gates

33 – UTILITIES

None

Division 00 Bidding Requirements

CONTRACT CLAUSES 00700 - 1

SECTION 00700 – CONTRACT CLAUSES

PART 1 - GENERAL

1.1 CLAUSES INCORPORATED BY REFERENCE

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

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-14 Display of Hotline Poster(s) OCT 2015 52.204-2 Alt II Security Requirements (Aug 1996) - Alternate II APR 1984 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.204-19 Incorporation by Reference of Representations and

Certifications

DEC 2014

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

NOV 2015

52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010 52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 52.215-19 Notification of Ownership Changes OCT 1997

CONTRACT CLAUSES 00700 - 2

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications

Oct 2010

52.217-5 Evaluation of Options JUL 1990 52.219-6 Notice of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns OCT 2014 52.219-13 Notice of Set-Aside of Orders NOV 2011 52.219-14 Limitations on Subcontracting NOV 2011 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business

Set-Aside

NOV 2011

52.219-28 Post-Award Small Business Program Re-representation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards- Overtime

Compensation

MAY 2014

52.222-5 Construction Wage Rate Requirements--Secondary Site of the Work

MAY 2014

52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 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 APR 2015 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 MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.

JUN 2016

52.223-13 Acquisition of EPEAT - Registered Imaging Equipment JUN 2014

CONTRACT CLAUSES 00700 - 3

52.223-14 Acquisition of EPEAT -Registered Televisions JUN 2014 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

AUG 2011

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 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work on A Government Installation JAN 1997 52.228-11 Pledges of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 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 52.232-18 Availability of Funds APR 1984 52.232-23 Assignment of Claims MAY 2014 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I

APR 1984

52.232-27 Prompt Payment for Construction Contracts MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments 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 52.236-4 Physical Data 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, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas 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 NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984

CONTRACT CLAUSES 00700 - 4

52.236-16 Quantity Surveys 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 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items JUN 2016 52.246-12 Inspection of Construction AUG 1996 52.246-13 Inspection--Dismantling, Demolition, or Removal of

Improvements

AUG 1996

52.246-21 Warranty of Construction MAR 1994 52.247-34 F.O.B. Destination NOV 1991 52.248-3 Value Engineering-Construction OCT 2015 52.249-2 Alt I Termination for Convenience of the Government (Fixed- SEP

1996 Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control of Government Personnel Work Product APR 1992 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

DEC 2015

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.205-7000 Provision of Information to Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting with Firms That Are Owned or Controlled by

The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.215-7000 Pricing Adjustments DEC 2012 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference for Certain Domestic Commodities FEB 2013 252.225-7016 Restriction on Acquisition Of Ball and Roller Bearings JUN 2011 252.225-7048 Export-Controlled Items JUN 2013 252.227-7033 Rights in Shop Drawings APR 1966 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

CONTRACT CLAUSES 00700 - 5

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7002 Obstruction of Navigable Waterways DEC 1991 252.236-7005 Airfield Safety Precautions DEC 1991 252.236-7013 Requirement for Competition Opportunity for American Steel

Producers, Fabricators, and Manufacturers

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7006 Warranty Tracking of Serialized Items MAR 2016 252.247-7023 Transportation of Supplies by Sea APR 2014

1.2 52.211-10: COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

A. The Contractor shall be required to (a) commence work under this contract within [TO BE DETERMINED ON A TASK ORDER BASIS] calendar days after the date the Contractor receives the notice to proceed,

1. prosecute the work diligently, and

2. complete the entire work ready for use not later than [TO BE DETERMINED ON A

TASK ORDER BASIS].

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

C. (End of clause)

1.3 52.211-12: LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

A. If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of (see below) for each calendar day of delay until the work is completed or accepted.

1. [To be determined/calculated on a task order basis]

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

C. (End of clause)

1.4 52.216-18: ORDERING. (OCT 1995)

A. Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued BETWEEN EFFECTIVE DATE OF CONTRACT AND EXPIRATION

(TO INCLUDE TERMINATION OF EXERCISED OPTION YEARS).

CONTRACT CLAUSES 00700 - 6

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

C. If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

D. (End of clause)

1.5 52.216-19: ORDER LIMITATIONS. (OCT 1995)

A. Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

B. Maximum order. The Contractor is not obligated to honor:

1. Any order for a single item in excess of $5,000,000.00;

2. Any order for a combination of items in excess of $20,000,000.00; or

3. A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

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

D. Notwithstanding paragraphs above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph B, unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

E. (End of clause)

1.6 52.216-22: INDEFINITE QUANTITY. (OCT 1995)

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

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

CONTRACT CLAUSES 00700 - 7

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

D. Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period.

E. (End of clause)

1.7 52.217-8: OPTION TO EXTEND SERVICES (NOV 1999)

A. The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.

B. (End of clause)

1.8 52.217-9: OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

A. The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

B. If the Government exercises this option, the extended contract shall be considered to include this option clause.

C. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years (inclusive of options).

D. (End of clause)

1.9 52.222-42: STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY

2014)

A. In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.

5341 or 5332.

CONTRACT CLAUSES 00700 - 8

B. THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE

DETERMINATION

C. Employee Class Monetary Wage-Fringe Benefits TBD on a Task Order Basis if applicable

D. (End of clause)

1.10 52.223-3: HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY

DATA (JAN 1997)

A. "Hazardous material", as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

B. The offeror must list any hazardous material, as defined in paragraph A of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number.

This information shall also be included on the Material Safety Data Sheet submitted under this contract.

1. Material Identification No. (If none, insert "None")

2. TBD, Task Order Specific

C. This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

D. The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with

E. Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered non-responsible and ineligible for award.

F. If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph

(d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

G. Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

H. Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

CONTRACT CLAUSES 00700 - 9

I. The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

1. To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to--

2. Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

3. Obtain medical treatment for those affected by the material; and

4. Have others use, duplicate, and disclose the data for the Government for these purposes.

5. To use, duplicate, and disclose data furnished under this clause, in precedence over any other clause of this contract providing for rights in data.

6. The Government is not precluded from using similar or identical data acquired from other sources.

J. (End of clause)

1.11 52.223-9: ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT

FOR EPA- DESIGNATED ITEMS (MAY 2008)

A. Definitions. As used in this clause--

1. 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.”

2. 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, 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 Contract Administrating Contracting Office - Task Order Specific

C. (End of clause)

1.12 52.225-9: BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

A. [TO BE COMPLETED AND EVALUATED ON A TASK ORDER SPECIFIC BASIS]

B. Definitions. As used in this clause—

1. Commercially available off-the-shelf (COTS) item—

2. Commercially available off-the-shelf (COTS) item—

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

CONTRACT CLAUSES 00700 - 10

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

2) Sold in substantial quantities in the commercial marketplace; and

3) 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

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

3. Component means an article, material, or supply incorporated directly into a construction material.

4. 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.

5. Cost of components means--

a. 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

b. For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

6. Domestic construction material means--

a. An unmanufactured construction material mined or produced in the United States;

b. A construction material manufactured in the United States, if--

1) 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 non-availability determinations have been made are treated as domestic; or

2) The construction material is a COTS item.

7. 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.

8. Domestic preference.

1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for

CONTRACT CLAUSES 00700 - 11

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 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:

a) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

b) The cost of domestic construction material would be unreasonable.

The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

c) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

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

e) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with his clause shall include adequate information for Government evaluation of the request, including--

i. A description of the foreign and domestic construction materials;

ii. Unit of measure;

iii. Quantity;

iv. Price;

v. Time of delivery or availability;

vi. Location of the construction project;

vii. Name and address of the proposed supplier; and

viii. A detailed justification of the reason for use of foreign construction materials cited in accordance with this clause.

b. A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in this clause.

c. The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

d. Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

e. If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception

CONTRACT CLAUSES 00700 - 12

is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in this clause.

f. Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

1) Data. To permit evaluation of requests under this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description

Unit of measure Quantity Price (dollars)

Item 1 Foreign construction material

TBD TBD TBD

Domestic construction material

TBD TBD TBD

Item 2 Foreign construction material

TBD TBD TBD

Domestic construction material

TBD TBD TBD

Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

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

Include other applicable supporting information.

C. (End of clause)

1.13 52.228-1: BID GUARANTEE (SEP 1996)

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

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

CONTRACT CLAUSES 00700 - 13

contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

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

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

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

F. (End of provision)

1.14 52.252-2: CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

A. 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 this/these address(es):

1. http://farsite.hill.af.mil/

B. (End of clause)

1.15 52.252-6: AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

A. The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

B. The use in this solicitation or contract of any DFARS (48 CFR 3) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

C. (End of clause)

1.16 252.203-7004: DISPLAY OF HOTLINE POSTERS (OCT 2015)

A. Definition. United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

B. Display of fraud hotline poster(s).

http://farsite.hill.af.mil/

CONTRACT CLAUSES 00700 - 14

1. The Contractor shall display prominently the DoD fraud hotline poster, prepared by the DoD Office of the Inspector General, in common work areas within business segments performing work in the United States under Department of Defense (DoD) contracts.

2. If the contract is funded, in whole or in part, by Department of Homeland Security (DHS) disaster relief funds, the DHS fraud hotline poster shall be displayed in addition to the DoD fraud hotline poster. If a display of a DHS fraud hotline poster is required, the Contractor may obtain such poster from:

a. http://www.dodig.mil/Hotline/posters.cfm

3. [Contracting Officer shall insert the appropriate DHS contact information or Web site.]

C. Display of combating trafficking in persons and whistleblower protection hotline posters. The Contractor shall display prominently the DoD Combating Trafficking in Persons and Whistleblower Protection hotline posters, prepared by the DoD Office of the Inspector General, in common work areas within business segments performing work under DoD contracts.

1. These DoD hotline posters may be obtained from: Defense Hotline, The Pentagon, Washington, DC 20301- 1900, or are also available via the internet at http://www.dodig.mil/hotline/hotline_posters.htm.

2. If a significant portion of the employee workforce does not speak English, then the posters are to be displayed in the foreign languages that a significant portion of the employees speak. Contact the DoD Inspector General at the address provided in this clause if there is a requirement for employees to be notified of this clause and assistance with translation is required.

3. Additionally, if the Contractor maintains a company Web site as a method of providing information to employees, the Contractor shall display an electronic version of these required posters at the Web site.

D. Subcontracts. The Contractor shall include the substance of this clause, in all subcontracts that exceed $5.5 million except when the subcontract is for the acquisition of a commercial item.

E. (End of clause)

1.17 252.211-7003: ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

A. Definitions. As used in this clause.

B. Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

C. Concatenated unique item identifier means--

1. For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

2. For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code;

enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

CONTRACT CLAUSES 00700 - 15

D. Data Matrix means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

E. Data qualifier means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

1. DoD recognized unique identification equivalent means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.

F. DoD item unique identification means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier;

the original part, lot, or batch number; and the serial number.

G. Enterprise means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

H. Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency.

I. Government's unit acquisition cost means--

a. For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

b. For cost-type or un-definitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

c. For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

J. Issuing agency means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

K. Issuing agency code means a code that designates the registration (or controlling) authority for the enterprise identifier.

L. Item means a single hardware article, or a single unit formed by a grouping of subassemblies, components, or constituent parts.

M. Lot or batch number means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

CONTRACT CLAUSES 00700 - 16

N. Machine-readable means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

O. Original part number means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

P. Parent item means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

Q. Serial number within the enterprise identifier means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

R. Serial number within the part, lot, or batch number means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

S. Serialization within the enterprise identifier means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

T. Serialization within the part, lot, or batch number means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

U. Type designation means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

V. Unique item identifier means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

W. Unique item identifier type means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.

1. The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

2. Unique item identifier. (1) The Contractor shall provide a unique item identifier for the following:

3. Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:

a. [TO BE COMPLETED AS REQUIRED ON A TASK ORDER BASIS]

CONTRACT CLAUSES 00700 - 17

b. Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

1) [TO BE COMPLETED AS REQUIRED ON A TASK ORDER BASIS]

c. (If items are identified in the Schedule, insert ``See Schedule'' in this table.)

d. Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ----.

1) Any item of special tooling or special test equipment as defined in FAR

2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ----.

2) Any item not included in this clause for which the contractor creates and marks a unique item identifier for traceability.

3) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

4) The unique item identifier component data elements shall be marked on an item using two-dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology-- International symbology specification--Data matrix; ECC200 data matrix specification.

4. Data syntax and semantics of unique item identifiers. The Contractor shall ensure that--

a. The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

X. Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

Y. Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

Z. Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

1. The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology-Transfer Syntax for High Capacity Automatic Data Capture Media.

a. Unique item identifier.

b. The Contractor shall--

CONTRACT CLAUSES 00700 - 18

1) Determine whether to--

a) Serialize within the enterprise identifier;

b) Serialize within the part, lot, or batch number; or

c) Use a DoD recognized unique identification equivalent (e.g. Vehicle

Identification Number); and

AA. Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: Original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD- 130, Identification Marking of U.S. Military Property, latest version;

BB. Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

CC. Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

1. The issuing agency code--

2. Shall not be placed on the item; and

3. Shall be derived from the data qualifier for the enterprise identifier.

a. For each item that requires item unique identification under paragraph this clause or when item unique identification is provided, in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:

1) Unique item identifier.

2) Unique item identifier type.

3) Issuing agency code (if concatenated unique item identifier is used).

4) Enterprise identifier (if concatenated unique item identifier is used).

5) Original part number (if there is serialization within the original part number).

6) Lot or batch number (if there is serialization within the lot or batch number).

7) Current part number (optional and only if not the same as the original part number).

8) Current part number effective date (optional and only if current part number is used).

9) Serial number (if concatenated unique item identifier is used).

10) Government's unit acquisition cost.

11) Unit of measure.

b. For embedded subassemblies, components, and parts that require DoD unique item identification under this clause, the Contractor shall report as part of, or associated

CONTRACT CLAUSES 00700 - 19

with, the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:

1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.

2) Unique item identifier of the embedded subassembly, component, or part.

3) Unique item identifier type. **

4) Issuing agency code (if concatenated unique item identifier is used). **

5) Enterprise identifier (if concatenated unique item identifier is used). **

6) Original part number (if there is serialization within the original part number). **

7) Lot or batch number (if there is serialization within the lot or batch number).

8) Current part number (optional and only if not the same as the original part number). **

9) Current part number effective date (optional and only if current part number is used). **

10) Serial number (if concatenated unique item identifier is used). **

11) Description.

12) Type designation of the item as specified in the contract schedule, if any.

13) Whether the item is an item of Special Tooling or Special Test Equipment.

14) Whether the item is covered by a warranty.

15) ** Once per item.

c. For embedded subassemblies, components, and parts that require DoD item unique identification under this clause or when item unique identification is provided, the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:

1) The Contractor shall submit the information required by this clause as follows:

a) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003.