NCAUR_Contract_Body_03052015_Mod_002_(3)JJ.docx

AG-32SC-S-14-0010 NCAUR Peoria FAR FAC 78

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCOPE OF THE CONTRACT

The Contractor shall furnish all necessary personnel, materials, supplies, services, and equipment to include rental equipment to operate and perform Operations and Maintenance support at the U.S. Department of Agriculture, Agricultural Research Service, National Center for Agricultural Utilization Research Center Peoria, IL in accordance with the terms and conditions and the Performance Work Statement.

B.1.1 ROUTINE WORK (FIRM-FIXED PRICE)

Routine work is all work that is defined in the Performance Work Statement (PWS).

B.1.2 ADDITIONAL WORK (Indefinite Quantity Contract IQC)

Additional work is defined as work within the general scope, but not specifically described in the PWS. Additional work may also include labor hours above the workload data.

B.2 PRICE SCHEDULE

The hours reflected in the Additional Work IQC portion are estimated quantities and will serve as the Contract maximum for the IQC.

The Government will pay the Contractor in accordance with the following: See attached Schedule B

B.3 ADJUSTMENTS RESULTING FROM DEPARTMENT OF LABOR WAGE DETERMINATION REVISIONS

Annually, the Government shall provide the Contractor with Department of Labor Wage Determinations. Any future adjustments for option periods will be calculated based on the configuration of employees at the time of award/exercise of option periods.

B.4 OVERTIME RATE

If overtime is proposed for any additional work, it will be paid at a rate of one and a half times the DOL Labor rate. The Contractor shall obtain Administrative Contracting Officer (ACO) approval for overtime in advance of working.

SECTION C – DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C.2 AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made a part of this solicitation and any resultant contract.

SECTION D – PACKAGING AND MARKING

D.1 AGAR 452.247-71 MARKING DELIVERABLES (FEB 1988)

(a) The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items call for by the contract.

(b) Mark deliverables, except for reports, for:

(c) All deliverables shall include one original copy and one electronic copy unless otherwise noted.

SECTION E – INSPECTION AND ACCEPTANCE

E.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 Procuring Contracting Officer (PCO) or Administrative Contracting Officer (ACO) will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far/

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

E.2 AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

(a) The ACO, identified in Section G.1.B, or their duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance shall be performed at:

National Center for Agricultural Utilization Research Center (NCAUR) 1815 N. University Peoria, IL 61604 Phone: (309) 681-6618

FAX: (309) 681-6563

SECTION F – DELIVERIES OR PERFORMANCE

F.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 PCO or ACO will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far/

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

F.2 AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1998)

The effective period of performance of this contract will be May 01, 2015 thru April 30, 2020. The contract contains a thirty (30) day phase-in period, 4 month base period, options for four (4) additional twelve (12) month periods and one final 8 (eight) month period

F.3 REPORTING REQUIREMENTS

The Contractor shall provide the following deliverables/reports to the ACO by the specified due dates.

All Submittals/Reports shall include one original and one electronic copy unless otherwise noted.

SUBMITTALS

Submittal S.1 – Business Continuity Plan Submittal S.2 - Transition of Contract Execution Submittal S.3 – Facility Deficiency Report Submittal S.4 – Contractor Staffing Plan Submittal S.5 – Certificates and Licenses Submittal S.6 – Asbestos Site Supervisor License(s) Submittal S.7 – Medical Clearance for Respirator Users Submittal S.8 - Annual Safety Inspection of Government Furnished Space Submittal S.9 – Quality Control Plan (QCP) Submittal S.10 – Annual Updates to Emergency Response Plan Submittal S.11 – Illinois Certificate of Inspection – Autoclave Submittal S.12 – Lighting Maintenance Plan Submittal S.13 - Annual Landscaping Plan Submittal S.14 - Pest and Vermin Control Plan Submittal S.15 – Pesticide Applicators License Submittal S.16 - Snow and Ice Removal Plan

REPORTS REQUIRED

Report Required R.1 – Annual Safety Inspection of Government Furnished Space Report Required R.2 – Annual Accountable Property Inventory Report Required R.3 – Annual Government Provided Equipment Inventory Report Required R.4 – Weekly Scheduled Work Report Required R.5 – Weekly Backlog and Out-of-Service Report Report Required R.6 – Monthly Work Activities Report Required R.7 – Daily Trouble Call Log Report Required R.8 – Annual Purchase of Bio-based Products Report Required R.9 – Weekly QCP Report Report Required R.10 – Every-Other-Year Chemical Reconciliation Report Required R.11 – Monthly Chemical Stockroom Movement Report Report Required R.12 – Annual Chemical Stockroom Inventory Reconciliation Report Required R.13 – Incident Report Report Required R.14 – ARS Vehicle Operation Record - ARS-715 Report Required R.15 – Annual Vehicle Inspection Checklist (ARS 45) Report Required R.16 – Storeroom Delivery Log Report Required R.17 – Sign-In Log Report Required R.18 – Daily Security Activity Report Report Required R.19 – Security Incident Report (NCAUR Safety Manual) Report Required R.20 – Annual Boiler House Emissions Report Report Required R.21– Record of Safety Device Failure Report Required R.22 – Monthly Safety Equipment Inspection Report Report Required R.23 – Asbestos Removal Form Report Required R.24 – Asbestos Disposal Manifest Report Required R.25 –Annual Fire Extinguisher Test Report Report Required R.26 – Annual Fire Alarm Testing Report Report Required R.27 – Monthly Underground Storage Tank Inspection Report Report Required R.28 – Annual Underground Storage Tank Inspection Report Report Required R.29 – DI Tank Daily Log Report Required R.30 – Annual Elevator and Hoisting Device Inspections Report Required R.31 – Annual Chiller Operational Load Test Report Required R.32 – Annual Chiller Safety Checks Report Required R.33 – Annual Cooling Tower Inspection Report Required R.34 – Facilities Inspection Report Report Required R.35 – Monthly Refuse and Recycling Amounts

F.4 PLACE OF PERFORMANCE

The principal work under this contract shall be performed at the following location:

National Center for Agricultural Utilization Research Center (NCAUR) 1815 N. University Peoria, IL 61604 Phone: (309) 681-6618

FAX: (309) 681-6563

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION

The PCO is the only person authorized to approve any change in the scope of work of this contract. The authority remains solely with the PCO. In the event the Contractor effects any changes at the direction of any person other than the PCO, the changes will be considered to have been made without authority and NO adjustment will be made in the contract price to cover any INCREASE incurred as a result thereof.

A. Procuring Contracting Officer (PCO):

USDA ARS EBSC

1001 Holleman Drive, East College Station, Texas 77840

B. Administrative Contracting Officer (ACO):

1815 N. University Street Peoria, IL 61604

C. Contracting Officer Representative (COR):

1815 N. University Street Peoria, IL 61604 Email:

Phone:

Fax:

G.2 DELEGATION OF AUTHORITY FOR CONTRACT ADMINISTRATION

The ACO for the NCAUR is hereby designated by the PCO to act as the authorized Government agent that oversees Contractor performance in accordance with the terms and conditions of the contract. The authority of the ACO shall not exceed: $25,000 for issuance of individual Service/Supply/Construction Orders.

G.3 ADDITIONAL WORK

Additional work is defined as work that is not part of the routine work for operations and maintenance support for the Center, but comes within the scope of the contract. Specific work will be defined as required by the NCAUR in accordance with the Performance Work Statement attached to this contract. These requests shall be incorporated into a Firm Fixed Price Delivery Order.

Prior to starting any work, the Contractor shall submit a proposal outlining the work to be done to the ACO, including a tentative start date and indicating the number of days to complete the work. The proposal shall also identify the methods, equipment and material to be used and the number of hours and wage rate per craft, using the fully burdened rates previously negotiated under Section B, to complete the work. ACO approval is required prior to performing any additional work.

If any other direct prices (for example, materials) are involved in performance of this work, they shall be priced out separately when submitting proposals to the ACO. If work is of such urgency that is cannot be awarded and negotiated in a timely manner, the contractor shall notify the ACO immediately.

The ACO will determine whether the additional work shall be performed. An order will be issued for approved work citing funded or supplemental funding, and payment will be processed by invoice as described in Section G.5.

G.4 INVOICE PREPARATION AND SUBMISSION

Based on acceptance of the required contract deliverables, the contractor shall submit properly prepared invoices monthly to the ACO identified in Section G.1.B. An informational copy of the invoice shall be provided to the CA as identified in Section G.1.C.

Each invoice shall reflect the monthly fixed price.

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

Additional work shall be invoiced monthly, after acceptance of the work by the Government, and shall include the work order number and delivery order number.

The Contractor shall, at a minimum, include the following information to comply with the proper invoice submission procedures identified in FAR 32.905:

A proper invoice must include the following items:

1) Name and address of the contractor.

2) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of mailing or transmission.)

3) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

4) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

5) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

6) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

7) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

8) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See 4.9 TIN requirements.)

9) Electronic funds transfer (EFT) banking information.

NOTE: Invoices that do not contain all proper information described above will be returned to the contractor for correction, re-dating of invoice, and re-submission for payment.

G.5 GOVERNMENT PROPERTY

The Contractor is authorized to use the Government property and materials as detailed in Attachment 006, Available Government Property and Materials, in the performance of the contract.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 21 days after the date of contract award. The conference will be held at:

National Center for Agricultural Utilization Research Center (NCAUR) 1815 N. University Peoria, IL 61604 Phone: (309) 681-6618

FAX: (309) 681-6563

H.2 AGAR 452.224-70 CONFIDENTIALITY OF INFORMATION (FEB 1988)

a) Confidential information, as used in this clause, means -- (1) information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.

H.3 AGAR 452.237-75 RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)

a) The Contractor agrees, in the performance of this contract to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor’s possession, to those employees needing such information to perform the work provided herein, i.e., on a “need to know” basis. The Contractor agrees to immediately notify in writing the ACO, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

b) The Contractor agrees not to disclose any information concerning work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

H.4 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

The Contractor shall assign to this contract the following key personnel who will manage performance and supervise the work under this contract.

Project Manager – TBD

During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the CO within fifteen (15) calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the CO at least 15 days prior to making any permanent substitutions.

The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the CO. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The CO will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H.5 AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR Clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

WORKERS COMPENSATION AND EMPLOYER’S LIABILITY.

The Contractor is required to comply with applicable Federal and State worker’s compensation and occupational disease statutes. If occupational diseases are not compressible under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a Contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker’s compensation to be written by private carriers.

GENERAL LIABILITY.

The Contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

AUTOMOBILE LIABILITY.

The Contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per other than passenger damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

H.6 APPLICABILITY OF ATTACHMENTS TO THE PERFORMANCE WORK STATEMENT

In addition to Attachments identified in the Performance Work Statement, Section J of this contract may contain several attachments that are directly related to the performance of the work required by this contract.

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1988)

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 PCO or ACO will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far/

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

FIRST-TIER SUBCONTRACT AWARDS

52.204-13 SYSTEM FOR AWARD MANAGEMENT JUL 2013

MAINTENANCE

FOR INDEFINITE-DELIVERY CONTRACTS

WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT

REREPRESENTATION

ARTICLES AND EQUIPMENT EXCEEDING $15,000.

REQUIREMENTS FOR CONSTRUCTION

THE NATIONAL LABOR RELATIONS ACT

ADJUSTMENT (MULTIPLE YEAR AND OPTION

CONTRACTS)

CONTRACTS

MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS

DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN AUG 2011

TEXT MESSAGING WHILE DRIVING

52.223-19 COMPLIANCE WITH ENVIRONMENTAL MAY 2011

MANAGEMENT SYSTEMS

CONTRACTS

OBLIGATIONS

52.232-40 PROVIDING ACCELERATED PAYMENTS TO DEC 2013

SMALL BUSINESS SUBCONTRACTORS

CLAIM

I.2 FAR 52.216-18 ORDERING (OCT 1995) Applies to Additional Work 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 from date of award through the effective period of the contract.

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

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.

I.3 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995) Applies to Additional Work

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than _$250.00__, 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 _$25,000.00_;

(2) Any order for a combination of items in excess of _$25,000.00_; or

(3) A series of orders from the same ordering office within _10_ days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(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 (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, 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 __10__ 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.

I.4 AGAR 452.216-73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988) Applies to Additional Work

During the period specified in FAR 52.216-18, Ordering, the Government shall place orders totaling a minimum $250.00, but not in excess of the maximum on the Schedule B.

I.5 FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995) Applies to Additional Work

(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 or services specified in the Schedule are estimates only and are not purchased by the 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.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number or orders that maybe 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; provided, that the Contractor shall not be required to make any deliveries under this contract after April 30, 2020.

I.6 FAR 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.

The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

This Statement is for Information Only:

It is not a Wage Determination

52.222-99 - ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (DEVIATION 2014-O0017) (JUNE 2014) This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, dated June 12, 2014.

(a) Each service employee, laborer, or mechanic employed in the United States (the 50 States and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December 31, 2015, shall be $10.10 per hour.

(b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor’s annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract.

(c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment.

(d) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act).

(e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts.

I.8 FAR 52.223-7 NOTICE OF RADIOACTIVE MATERIALS (JAN 1997)

(2) State that the quantity of activity, characteristics, and composition of the radioactive material have not changed; and

(3) Cite the contract number on which the prior notification was submitted and the contracting office to which it was submitted.

(c) All items, parts, or subassemblies which contain radioactive materials in which the specific activity is greater than 0.002 microcuries per gram or activity per item equals or exceeds 0.01 microcuries, and all containers in which such items, parts or subassemblies are delivered to the Government shall be clearly marked and labeled as required by the latest revision of MIL-STD 129 in effect on the date of the contract.

(d) This clause, including this paragraph (d), shall be inserted in all subcontracts for Radioactive materials meeting the criteria in paragraph (a) of this clause.

223-9

I.10 FAR 52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)

(e) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:

Warning Contains (or manufactured with, if applicable) *_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

* The Contractor shall insert the name of the substance(s).

I.11 FAR 52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause-- “Commercially available off-the-shelf (COTS) item”—

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

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

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

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

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

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

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

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

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: ______ [Contracting Officer to list applicable excepted materials or indicate “none”]

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

(i) 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 statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

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

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

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

Foreign and Domestic Construction Materials Price Comparison

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

J.1 LIST OF ATTACHMENTS

Attachment 001- Craft Codes Attachment 002 – Work Order Types Attachment 003 – Work Order Statistics Attachment 004 – Documents incorporated by Reference Attachment 005 – Government services furnished Attachment 006 – Government Furnished Equipment Attachment 007 – MP2 Equipment Report – Simple Attachment 008 – MP2 Task Instruction List Attachment 009 – MP2 Task Report Attachment 010 – Inventory of Government Vehicles Attachment 011 – MP2 Maintenance Summary Attachment 012 – Stock Level Summary Attachment 013 – Temperature Control Table Attachment 014 – Contractor…