Construction Clauses Provisions FAC 2020-5.doc

Current to: FAC 2020-05

Eff.: June 16, 2020

CONSTRUCTION – PROVISIONS & CLAUSES

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items).

As prescribed in 13.302-5(d), insert the following clause:

Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items) (Jan 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(iv) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

(vii) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(viii) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C.3553).

(ix) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub.L.108-77, 108-78 (19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Jan 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

(vii) 52.233-1, Disputes (May 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (Aug 2019).

(ix) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018)(Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).

(ii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126) (Applies to contracts for supplies exceeding the micro-purchase threshold.)

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014) (41 U.S.C.chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212) (applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (Jul 2014) (29 U.S.C.793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, “United States” includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212) (Applies to contracts of $150,000 or more).

(vii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C.chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)

(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter78 and E.O 13627) (Applies to all solicitations and contracts).

(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be-

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C.chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition-

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2013)(Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).

(xx) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.App.1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (Applies to contracts over $35,000).

(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) 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):

________________________________________________________________________________________________ ________________________________________________________________________________________________[Insert one or more Internet addresses]

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its post acceptance rights-

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(End of clause)

52.219-1 Small Business Program Representations.

As prescribed in 19.309(a)(1), insert the following provision:

Small Business Program Representations (Mar 2020)

(a) Definitions. As used in this provision-

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

Service-disabled veteran-owned small business concern-

(1) Means a small business concern-

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C.101(2), with a disability that is service-connected, as defined in 38 U.S.C.101(16).

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Veteran-owned small business concern” means a small business concern-

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned small business concern” means a small business concern-

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) The North American Industry Classification System (NAICS) code for this acquisition is– ________ [insert NAICS code].

(2) The small business size standard is _______ [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture (i.e., nonmanufacturer), is 500 employees.

(c) Representations.

(1) The offeror represents as part of its offer that it □is, □is not a small business concern.

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that-

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that-

(i) It □is, □is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □is, □is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it (is, (is not a veteran-owned small business concern.

(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it (is, (is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-

(i) It □is, □is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □is, □is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Under 15 U.S.C.645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-

(1) Be punished by imposition of fine, imprisonment, or both;

(2) Be subject to administrative remedies, including suspension and debarment; and

(3) Be ineligible for participation in programs conducted under the authority of the Act.

CONSTRUCTION CLAUSES

52.225-9 -- Buy American–Construction Materials.

As prescribed in 25.1102(a), insert the following clause:

Buy American–Construction Materials (May 2014)

(a) Definitions. As used in this clause--

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

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

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

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

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

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

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

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

“Cost of components” means--

(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).] (End of Clause)

52.225-10 -- Notice of Buy American Requirement—Construction Materials.

As prescribed in 25.1102(b)(1), insert the following provision:

Notice of Buy American Requirement--Construction Materials (May 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American--Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

Alternate I (May 2014). As prescribed in 25.1102(b)(2), substitute the following paragraph (b) for paragraph (b) of the basic provision:

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9.

The following FAR Clauses are incorporated into the terms of the contract when marked (X):

FORMCHECKBOX

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

[Applicable if marked; Required for Fixed Price Contracts]

The Contractor shall be required to:

(a) Commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed.

(b) Prosecute the work diligently, and

(c) Complete the entire work ready for use not later than 10 calendar days after the date the contractor receives the notice to proceed (if industry standards allow).

The time stated for completion shall include final cleanup of the premises.

(End of Provision)

The following Provision is incorporated into the terms of the solicitation when marked (X).

FORMCHECKBOX

FAR 52.233-2 Service of Protest (SEP 2006)

[Applicable if marked]

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Senior Field Contracting Officer, USCG Base Seattle, 1519 Alaskan Way S., Seattle, WA 98134

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

FAR 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) Site visits may be arranged during normal duty hours by contacting: POC Name and Phone Number.

(End of Provision)

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: https://www.acquisition.gov/far/ A. The following FAR Provision are applicable to All Contracts.

52.204-7 SYSTEMS FOR AWARD MANAGEMENT (OCT 2018)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (Mar 2020)

52.204-13 SYSTEMS FOR AWARD MAINAGEMENT MAINTENANCE (OCT 2018)

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

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

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATION-REPRESENTATION (NOV 2015)

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING

TO IRAN – REPRESENTATION AND CERTIFICATION (OCT 2018)

B. The following FAR Provision are applicable to contracts exceeding $10,000

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR

CONSTRUCTION (FEB 1999)

C. The following FAR Provision are applicable to contracts exceeding $25,000

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2018) D. The following FAR Provision are applicable to contracts exceeding $30,000

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED OR PROPOSED FOR DEBARMENT (OCT 2015)

(End of Provision)

FAR 52.252-1 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 address: https://www.acquisition.gov/far/ A. The following FAR Clause(s) are applicable to All Contracts.

52.204-7

SYSTEMS FOR AWARD MANAGEMENT

(OCT 2018)

52.204-9

PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

52.204-13 SYSTEMS FOR AWARD MANAGEMENT MAINTENANCE

(OCT 2018)

52.204-18 COMMERCIAL and GOVERNMENT ENTITY CODE MAINTENANCE

(JUL 2016)

52.219-6

NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE

(NOV 2011)

52.219-28

POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION

(JUL 2013)

52.222-3

CONVICT LABOR

(JUN 2003)

52.222-6

CONSTRUCTION WAGE RATE REQUIREMENTS

(AUG 2018)

52.222-7

WITHHOLDING OF FUNDS

(MAY 2014)

52.222-8

PAYROLLS AND BASIC RECORDS

(AUG 2018)

52.222-9

APPRENTICES AND TRAINEES

(JUL 2005)

52.222-10

COMPLIANCE WITH COPELAND ACT REQUIREMENTS

(FEB 1988)

52.222-11

SUBCONTRACTS (LABOR STANDARDS)

(MAY 2014)

52.222-12

CONTRACT TERMINATION-DEBARMENT

(MAY 2014)

52.222-13

COMPLIANCE WITH CONSTRUCTION WAGE RATE

(MAY 2014)

REQUIREMENTS & RELATED REGULATIONS

52.222-14

DISPUTES CONCERNING LABOR STANDARDS

(FEB 1988)

52.222-15

CERTIFICATION OF ELIGIBILITY

(MAY 2014)

52.222-21

PROHIBITION OF SEGRATED FACILITIES

(APR 2015)

52.222-26

EQUAL OPPORTUNITY

(SEP 2016)

52.222-50

COMBATING TRAFFICKING IN PERSONS

(JAN 2019)

52.222-55

MINIMUM WAGE UNDER EXECUTIVE ORDER 13658

(DEC 2015)

52.223-2

AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS

(SEP 2013)

UNDER SERVICE AND CONSTRUCTION CONTRACTS

52.223-3

HAZADARDOUS MATERIAL IDENTIFICATION AND MATERIAL

(JAN 1997)

SAFETY DATA & ALTERNATE I (JUL 1995)

52.223-5

POLLUTION PREVENTION AND RIGHT-TO-KNOW

(MAY 2011)

INFORMATION

52.223-12

MAINTENANCE, SERVICE, REPAIR OR DISPOSAL OF

REFRIGERATION EQUIPMENT & AIR CONDITIONERS

(JUN 2016)

52.223-15

ENERGY EFFICIENCY IN ENERGY CONSUMING PRODUCTS

(DEC 2007)

52.223-17

AFFIRMATIVE PROCUREMENT OF EPA DESIGNATED ITEMS

(AUG 2018)

IN SERVICE & CONSTRUCTION CONTRACTS

52.223-18

ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

(AUG 2011)

MESSAGING WHILE DRIVING

52.225-13

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

(JUN 2008)

52.226-4

NOTICE OF DISASTEROR EMERGENCY AREA SET ASIDE

(NOV 2007)

52.226-5

RESTRICTIONS ON SUBCONTRACTING OUTSIDE DISASTER

(NOV 2007)

OR EMERGENCY AREA

52.227-1

AUTHORIZATION AND CONSENT

(DEC 2007)

52.228-1

BID GUARANTEE

(SEP 1996)

52.228-2

ADDITIONAL BOND SECURITY

(OCT 1997)

52.228-11

PLEDGES OF ASSETS

(AUG 2018)

52.228-13

ALTERNATIVE PAYMENT PROTECTIONS

(JUL 2000)

52.232-5

PAYMENTS UNDER FIXED-PRICED CONSTRUCTION CONTRACTS

(MAY 2014)

52.232-27

PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS

(JAN 2017)

52.232-33

PAYMENT BY ELECTRONIC FUNDS TRANSFER – CENTRAL

(OCT 2018)

CONTRACTOR REGISTRATION

52.232-36

PAYMENT BY THIRD PARTY

(MAY 2014)

52.232-39

UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS

(JUN 2013)

52.232-40

PROVIDING ACCELERATED PAYMENTS TO SMALL

(DEC 2013)

BUSINESS SUBCONTRACTORS

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)

52.244-6

SUBCONTRACTS FOR COMMERCIAL ITEMS

(JAN 2019)

B. The following FAR Clause(s) are applicable to contracts $10,000 and over.

52.222-23 NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION TO

(FEB 1999)

ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION

(APR 2015)

C. The following FAR Clause(s) are applicable to contracts $15,000 and over.

52.222-36

EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES

(JUL 2014)

D. The following FAR Clause(s) are applicable to contracts $25,000 and over.

52.204-10

REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

(Oct 2018)

SUBCONTRACT AWARDS

E. The following FAR Clause(s) are applicable to contracts $30,000 and over.

52.209-6

PROTECTING THE GOVERNMENT'S INTEREST WHEN

(OCT 2015)

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED OR PROPOSED FOR DEBARMENT

52.228-12

PROSPECTIVE SUBCONTRACTORS REQUESTS FOR BONDS

(MAY 2014)

52.228-14 IRREVOCABLE LETTER OF CREDIT

(NOV 2014)

(End of Clause) The following FAR Clauses are incorporated into the terms of the Contract when marked (X):

X 52.236-2 DIFFERING SITE CONDITIONS

(APR 1984)

X 52.236-3

SITE INVESTIGATIONS AND CONDITIONS AFFECTING THE WORK

(APR 1984)

X 52.236-5

MATERIAL AND WORKMANSHIP

(APR 1984)

X 52.236-6

SUPERINTENDENCE BY THE CONTRACTOR

(APR 1984)

X 52.236-7

PERMITS AND RESPONSIBILITIES

(NOV 1991)

X 52.236-8

OTHER CONTRACTS

(APR 1984)

X 52.236-9

PROTECTION OF EXISTING VEGETATION, STRUCTURES,

(APR 1984)

EQUIPMENT, UTILITIES & IMPROVEMENTS

X 52.236-10

OPERATIONS AND STORGAE AREAS

(APR 1984)

X 52.236-11

USE AND POSSESSION PRIOR TO COMPLETION

(APR 1984)

X 52.236-12

CLEANING UP

(APR 1984)

X 52.236-13

ACCIDENT PREVENTION

(NOV 1991)

ALT 1 ALTERNATE

(NOV 1991)

X 52.236-14

AVAILABILITY AND USE OF UTILITY SERVICES

(APR 1984)

X 52.236-17

LAYOUT OF WORK

(APR 1984)

X 52.236-21

SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(FEB 1997)

X 52.236-26

PRECONSTRUCTION CONFERENCE

(FEB 1995)

X 52.244-6

SUBCONTRACTS FOR COMMERCIAL ITEMS

(JAN 2019)

X 52.246-12

INSPECTION OF CONSTRUCTION

(AUG 1996)

X 52.246-21

WARRANTY OF CONSTRUCTION

(MAR 1994)

X 52.249-1

TERMINATION FOR CONVENIENCE OF THE

(APR 1984)

GOVERNMENT (FIXED PRICE) (SHORT FORM)

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

X 52.249-10

DEFAULT (FIXED PRICE CONSTRUCTION)

(APR 1984)

X 52.253-1

COMPUTER GENERATED FORMS

(JAN 1991)

The following HSAR Clauses are incorporated into the terms of the Contract when marked (X):

FORMCHECKBOX

3052.204-71

CONTRACTOR EMPLOYEE ACCESS

(JUN 2006)

3052.223-70

REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES -

APPLICABLE LICENSES AND PERMITS

3052.223-90

ACCIDENT AND FIRE REPORTING

(DEC 2003)

3052.228-70

INSURANCE

3052.236-70 SPECIAL PRECAUTIONS FOR WORK AT OPERATING

AIRPORTS

3052.245-70 GOVERNMENT PROPERTY REPORTS

(End of Clause)

INVOICE PROCEDURES / PAYMENT INFORMATION

INSTRUCTIONS FOR PROMPT PAYMENT OF PURCHASE ORDER:

· You must receive a Purchase Order for the supplies or services provided.

· Before payment can be made the supplies or services must be provided to :

· The "DELIVER TO" address in Block 15 of the Purchase Order SF-1449 Form or

· The “SHIP TO” address in Block 6 of the Purchase Order OF-347 Form.

· System for Award Management (SAM) is mandatory for payment of Purchase Orders.

· Refer to http://www.sam.gov or phone (866) 606-8220.

INVOICES:

· Submit Invoices either electronically or by mail.

· To submit invoices electronically, please use the following web site:

https://www.fincen.uscg.mil/webinvoices/webinv_start.htm

· Original invoices are required for payment. However, a copy may be accepted if marked ORIGINAL.

· Do not send extra or multiple copies of the invoice. This only delays processing.

A PROPER INVOICE MUST CONTAIN THE FOLLOWING:

· Complete Business Name and Remittance Address

· Invoice Number and Invoice Date

· Requisition Number in Block 1 on the SF- 1449 or Requisition Number in Block 4 on the OF- 347

· Purchase Order Number in Block 4 on SF- 1449, or Purchase Order Number in Block 3 on the OF-347.

· Your DUNS number must be indicated on your invoice before payment will be made.

· Description, including the price and quantity of supplies or services actually delivered or rendered.

· Shipping and payment terms.

· Shipping charges in excess of $100 must be supported by a copy of your prepaid freight bill.

BILLING ADDRESS ON PURCHASE ORDER:

· INVOICES MUST BE SUBMITTED DIRECTLY TO THE ADDRESS CITED ON THE

PURCHASE ORDER.

· Payment will be made as close as possible to 30 days after a proper invoice is received at:

· The designated billing office or

· The date the material or service is accepted by the ordering unit, whichever date is later.

CUSTOMER SERVICE INQUIRIES:

· Please refer to your Coast Guard Purchase Order when inquiring about payment status.

· The requisition number and purchase order number is required.

· Contacting Customer Service:

· PHONE NUMBER: (757) 523-6940 (press option #1)

· TOLL FREE NUMBER: 1-800-564-5504

CUSTOMER SERVICE EMAIL: FIN-SMB-Customerservice@uscg.mil

· INTERNET WEB QUERY: https://www.fincen.uscg.mil/secure/payment.htm

· A Customer Service representative will respond to your telephone or web inquiry.

· If all lines are busy when making a telephone inquiry, please leave a voice message.

· Your call will be answered as quickly as possible, normally within 24 hours.

· Please allow the 24-hour processing time before making any additional requests for payment status.

FEDERAL AGENCIES ARE EXEMPT FROM TAXES:

· The tax exemption number for the U.S. Coast Guard is B-239641.

· A Tax Exemption Certificate may be obtained from the issuing office listed in:

· Block 5 titled “ISSUING OFFICE” on the OF-347

· Block 9 titled “ISSUED BY” on the SF-1449

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