Attach 2- CONTRACT TERMS CONDITIONS PROVISIONS CLAUSES.docx

RFQ 12305B22Q0087

06/21/22

CONTRACT TERMS & CONDITIONS – PROVISIONS & CLAUSES

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

THIS SOLICITATION INCORPORATES ONE OR MORE SOLICITATION PROVISIONS 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. THE OFFEROR IS CAUTIONED THAT THE LISTED PROVISIONS MAY INCLUDE BLOCKS THAT MUST BE COMPLETED BY THE OFFEROR AND SUBMITTED WITH ITS QUOTATION OR OFFER. IN LIEU OF SUBMITTING THE FULL TEXT OF THOSE PROVISIONS, THE OFFEROR MAY IDENTIFY THE PROVISION BY PARAGRAPH IDENTIFIER AND PROVIDE THE APPROPRIATE INFORMATION WITH ITS QUOTATION OR OFFER. ALSO, THE FULL TEXT OF A SOLICITATION PROVISION MAY BE ACCESSED ELECTRONICALLY AT THIS ADDRESS: WWW.ACQUISITION.GOV/FAR.

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. (NOV 2021) 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--REPRESENTATION (NOV 2015)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL ITEMS (NOV 2021)

52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012)

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT-CONSTRUCTION MATERIALS (MAY 2014)

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 this/these address(es):

https://www.acquisition.gov/content/regulations (End of Clause) FAR 52.202-1 -- Definitions (JUN 2020) FAR 52.203-3 -- Gratuities (Apr 1984) FAR 52.203-5 -- Covenant Against Contingent Fees (May 2014) FAR 52.203-7 -- Anti-Kickback Procedures (JUN 2020) FAR 52.203-8 -- Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) FAR 52.203-10 -- Price or Fee Adjustment for Illegal or Improper Activity (May 2014) FAR 52.203-12 -- Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) FAR 52.203-17 -- Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020) Alternate II (Apr 1984).

FAR 52.203-19 -- Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 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 (JUN 2020) FAR 52.204-13 -- System for Award Management Maintenance (Oct 2018) FAR 52.204-18 -- Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-19 -- Incorporation by Reference of Representations and Certifications (Dec 2014) FAR 52.204-23 -- Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) FAR 52.204-25 -- Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) FAR 52.209-6 -- Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) FAR 52.209-10 -- Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) FAR 52.215-8 -- Order of Precedence -- Uniform Contract Format (Oct 1997) FAR 52.219-6--Notice of Total Small Business Set-Aside (Nov 2020) FAR 52.219-14 -- Limitations on Subcontracting (Sep 2021) FAR 52.219-28 -- Post-Award Small Business Program Representation (Sep 2021) 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 -- Overtime Compensation. (Mar 2018) FAR 52.222-6 -- Construction Wage Rate Requirements (Aug 2018) FAR52.222-7 -- Withholding of Funds (May 2014) FAR 52.222-8 -- Payrolls and Basic Records (Aug 2018) 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 52.222-20 -- Contracts for Materials, Supplies, Articles and Equipment (JUN 2020) 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 52.222-36 --Equal Opportunity for Workers with Disabilities (JUN 2020) FAR 52.222-37 -- Employment Reports on Veterans (JUN 2020) FAR 52.222-40 -- Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) FAR 52.222-50 -- Combating Trafficking in Persons (Nov 2021) FAR 52.222-54 -- Employment Eligibility Verification (May 2022) FAR 52.222-55 -- Minimum Wages Under Executive Order 14026 (Jan 2022) FAR 52.222-62 -- Paid Sick Leave Under Executive Order 13706 (Jan 2022) FAR 52.223-3 -- Hazardous Material Identification and Material Safety Data (Jan 1997) FAR 52.223-5 -- Pollution Prevention and Right-to-Know Information. (May 2011) FAR 52.223-6 -- Drug-Free Workplace (May 2001) FAR 52.223-17-- Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG 2018) FAR 52.223-18 -- Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) FAR 52.223-20 -- Aerosols (Jun 2016) FAR 52.223-21 -- Foams (Jun 2016) FAR 52.225-13 -- Restrictions on certain foreign purchases (Feb 2021) FAR 52.227-1 -- Authorization and Consent (Jun 2020) 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 -- Individual Surety—Pledge of Assets (Feb 2021) FAR 52.228-12 -- Prospective Subcontractor Requests for Bonds (May 2014) FAR 52.228-14 -- Irrevocable Letter of Credit (Nov 2014) FAR 52.228-17 -- Individual Surety—Pledge of Assets (Feb 2021) FAR 52.229-3 -- Federal, State, and Local Taxes (Feb 2013) FAR 52.229-4 -- Federal, State, and Local Taxes (State and Local Adjustments) (Feb 2013) FAR 52.232-5 -- Payments under Fixed-Price Construction Contracts (May 2014) FAR 52.232-16 -- Progress Payments (Nov 2021) 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) FAR 52.232-33 -- Payment by Electronic Funds Transfer-- System for Award Management (Oct. 2018) FAR 52.232-39 -- Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40 -- Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) FAR 52.233-1 -- Disputes (May 2014) FAR 52.233-3 -- Protest after Award (Aug. 1996) FAR 52.233-4 -- Applicable Law for Breach Of Contract Claim (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 52.236-7 -- 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 52.236-13 -- Accident Prevention (Nov 1991) FAR 52.236-14 -- Availability and Use of Utility Services (Apr 1984) FAR 52.236-17 -- Layout of Work (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 52.244-6 -- Subcontracts for Commercial Items (Jan 2022) FAR--52.246-1 Contractor Inspection Requirements (Apr 1984) FAR 52.246-21 -- Warranty of Construction (Mar 1994) FAR 52.249-1--Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984) FAR 52.253-1 -- Computer Generated Forms (Jan 1991)

(END CLAUSES BY REFERENCE)

CLAUSES/PROVISIONS IN FULL TEXT:

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

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for- Tuesday June 28, 2022 at 1:00pm EST

(c) Participants will meet at- 538 Tower Road Ithaca, N.Y. 14853

(End of Provision)

53.214-5 PERIOD FOR ACCEPTANCE OF BIDS (APR 1984)

In compliance with the solicitation, the bidder agrees, if this bid is accepted within ____60______ calendar days from the date specified in the solicitation for receipt of bids, to furnish any or all items upon which prices are bid at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.

(End of provision)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror’s attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor’s construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor’s compliance with Executive Order11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, Executive Order11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the-

(1) Name, address, and telephone number of the subcontractor;

(2) Employer’s identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Tomkins County, _Ithaca, NY_.

(End of provision)

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance for this contract is from notice to proceed through 153 calendar days after notice to proceed.

(End of clause)

AGAR 452.246-70 Inspection and Acceptance.

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at delivery location

(End of clause)

52.217-7 OPTION FOR INCREASED QUANTITY-SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 60 Days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

52.228-1 Bid Guarantee (Sept 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 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 $__50,000______, 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.

(End of clause)

52.228-15 PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (JUN 2020)

(a) Definitions. As used in this clause- Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is valued at or below the threshold specified in Federal Acquisition Regulation 28.102-1(a) on the date of award of this contract, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds ( Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds ( Standard Form 25A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. Department of the Treasury, Financial Management, Service Surety Bond Branch, 3700 East West Highway, Room 6 F01, Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection ( 40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

(End of clause)

52.225-9 Buy American-Construction Materials (Nov 2021)

(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 product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (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.

"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) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

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

(ii) A construction material manufactured in the United States, if–

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 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. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

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

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

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

(b) 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 domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (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 product or to the construction materials or components listed by the Government as follows:

________________________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 20 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 Construction Material Description Unit of Measure Quantity Price (dollars)* Item1:

Foreign construction material _____________ __________ _______

Domestic construction material ____________ _________ _______ Item2:

[* 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.] (End of clause)

SPECIAL INTRUCTIONS

BIO-BASED PRODUCTS:

THE CONTRACTOR MUST COMPLY WITH THE AGRICULTURAL ACT OF 2014; THE FOOD, CONSERVATION AND ENERGY ACT OF 2008 (FCEA), 7 U.S.C. 8102; THE FARM SECURITY AND RURAL INVESTMENT ACT OF 2002 (FSRIA), 7 U.S.C. 8102; THE FEDERAL ACQUISITION REGULATION; EXECUTIVE ORDER (EO) 13514, “FEDERAL LEADERSHIP IN ENVIRONMENTAL, ENERGY AND ECONOMIC PERFORMANCE,” DATED OCTOBER 5, 2009; EO 13423, “STRENGTHENING FEDERAL ENVIRONMENTAL, ENERGY, AND TRANSPORTATION MANAGEMENT,” DATED JANUARY 24, 2007; AND PRESIDENTIAL MEMORANDUM, “DRIVING INNOVATION AND CREATING JOBS IN RURAL AMERICA THROUGH BIO-BASED AND SUSTAINABLE PRODUCT PROCUREMENT,” DATED FEBRUARY, 2012 TO PROVIDE BIO-BASED PRODUCTS.

FOR MORE INFORMATION REGARDING THE DEPARTMENT OF AGRICULTURE BIO-BASED PROGRAM GO TO: HTTP://WWW.BIOPREFERRED.GOV.

INVOICING:

INVOICE CONTENT:

THE CONTRACTOR SHALL PREPARE AND SUBMIT INVOICES TO THE DESIGNATED BILLING OFFICE SPECIFIED IN THE CONTRACT.