FA4625-16-R-0001 _Epoxy_Flooring_Solicitation.pdf

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Epoxy Flooring
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FA4625-16-R-0009
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SEE SCHEDULE

1) The maximum contract value shall be $1.75M. The guaranteed minimum value of the contract shall be applied toward the first delivery order.

Attention: Whiteman Air Force Base is a drug-free installation. FAR 52.223-6, Drug-Free Workplace and DFARS 252.223-7006, Drug Free Work

Force apply to this contract. This will include any subcontractors, teaming arrangements for joint venture arrangements.

BEATRIZ E. BAUM 660-687-2945

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

03-May-2016

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance within _______10 calendar days and complete it within ________ calendar days after receiving award, X notice to proceed. This performance period is mandatory, X negotiable. (See _________________________FAR 52.211-11

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________02 Jun 2016 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

509 CONS/LGCA - FA4625

660 TENTH STREET, STE 222

WHITEMAN AFB MO 65305-5316

FA4625

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

660-687-7083FAX:TEL: 660-687-4291 TEL: FAX:

FA4625-16-R-0009 91

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.)

Contractor agrees Your offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(Must be fully completed by offeror)OFFER

FA4625-16-R-0009

Section A - Solicitation/Contract Form

GENERAL INFORMATION

Whiteman Air Force Base Epoxy Flooring IDIQ Contract

1. Please read this entire package. See Section L – Instructions, Conditions and Notices to Bidders for the required contents for your proposal.

2. There will be a site visit for this contract, specifically related to the seed project. Refer to provision 52.236-7.

3. Please enter your CAGE Code, Tax Identification Number (TIN) and DUNS number in Block 14.

4. Please ensure you indicate the RFP number on the proposal envelope.

5. There is no minimum or maximum CLIN values.

6. The project magnitude is between $1,000,000.00 and $5,000,000.00.

7. Reference Block 11: Performance periods will be negotiated on each delivery order.

8. A separate Notice to Proceed (NTP) will be issued on each delivery/task order.

9. Each delivery/task order will be funded separately. A site visit will be held for each individual delivery/task order.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Epoxy Floor, Base Year

FFP

Contractor shall provide all labor, supervision, material, transportation, tools, disposal, and surface preparation necessary to prepare existing concrete flooring and install epoxy/ urethane floor coatings on concrete floors and diamond polished concrete in accordance with the Statement of Work. Base Year 1 July 2016 to 30

June 2017.

FOB: Destination

SIGNAL CODE: A

NET AMT

0002 15,000 Square

Foot

Gloss Epoxy/Urethane System 30 MIL DFT

FFP

Gloss Epoxy/Urethane System 30 Mil DFT

0003 4,000 Square

Power Trowel 1/4" OL High Traffic System

Power Trowel 1/4" OL High Traffic System

0004 40,000 Square

Inch

Striping/signage

Striping/signage

0005 3,000 Square

ESD Coat add to CLIN AA or AB

ESD Coat add to CLIN AA or AB

0006 500 Square

Moisture block coating

Moisture block coating

0007 1,000 Square

Epoxy Resin, Quartz Aggregate

Epoxy Resin, Quartz Aggregate

0008 500 Linear

Epoxy poured 4" wall base

Epoxy poured 4" wall base

0009 1,000 Linear

Control Joint cutting and Grouting

Control Joint cutting and Grouting

0010 15,000 Square

Concrete polishing and polishing product

Concrete polishing and all polishing products

0011 10,000 Square

Remove Tile

Remove tile, scrape adhesive, and prep floor

0012 8,000 Square

Remove Epoxy Coating, prep floor

Remove Epoxy Coating, prep floor

0013 4,000 Square

Remove Carpet

Remove carpet, padding, scrape adhesive, prep floor

OPTION Epoxy Floor, Option Year 1

FFP

Contractor shall provide all labor, supervision, material, transportation, tools, disposal, and surface preparation necessary to prepare existing concrete flooring and install epoxy/ urethane floor coatings on concrete floors and diamond polished concrete in accordance with the Statement of Work. Option Year 1, 1 July 2017 to

30 June 2018.

1002 12,000 Square

OPTION Gloss Epoxy/Urethane System 30 MIL DFT

Gloss Epoxy/Urethane System 30 Mil DFT

1003 4,000 Square

OPTION Power Trowel 1/4" OL High Traffic System

Power Trowel 1/4" OL High Traffic System

1004 40,000 Square

OPTION Striping/signage

Striping/signage

1005 3,000 Square

OPTION ESD Coat add to CLIN AA or AB

ESD Coat add to CLIN AA or AB

1006 500 Square

OPTION Moisture block coating

Moisture block coating

1007 1,000 Square

OPTION Epoxy Resin, Quartz Aggregate

Epoxy Resin, Quartz Aggregate

1008 500 Linear

OPTION Epoxy poured 4" wall base

Epoxy poured 4" wall base

1009 1,000 Linear

OPTION Control Joint cutting and Grouting

Control Joint cutting and Grouting

1010 12,000 Square

OPTION Concrete polishing and polishing product

Concrete polishing and all polishing products

1011 7,000 Square

OPTION Remove Tile

Remove tile, scrape adhesive, and prep floor

1012 3,000 Square

OPTION Remove Epoxy Coating, prep floor

Remove Epoxy Coating, prep floor

1013 3,000 Square

OPTION Remove Carpet

Remove carpet, padding, scrape adhesive, prep floor

OPTION Epoxy Floor, Option Year 2

FFP

Contractor shall provide all labor, supervision, material, transportation, tools, disposal, and surface preparation necessary to prepare existing concrete flooring and install epoxy/ urethane floor coatings on concrete floors and diamond polished concrete in accordance with the Statement of Work. Option Year 2, 1 July 2018 to

30 June 2019.

2002 10,000 Square

Gloss Epoxy/Urethane System 30 Mil DFT

2003 3,500 Square

Power Trowel 1/4" OL High Traffic System

2004 30,000 Square

Striping/signage

2005 2,000 Square

ESD Coat add to CLIN AA or AB

2006 500 Square

Moisture block coating

2007 750 Square

Epoxy Resin, Quartz Aggregate

2008 500 Linear

Epoxy poured 4" wall base

2009 1,000 Linear

Control Joint cutting and Grouting

2010 10,000 Square

Concrete polishing and all polishing products

2011 5,000 Square

Remove tile, scrape adhesive, and prep floor

2012 3,000 Square

Remove Epoxy Coating, prep floor

2013 3,000 Square

Remove carpet, padding, scrape adhesive, prep floor

OPTION Epoxy Floor, Option Year 3

FFP

Contractor shall provide all labor, supervision, material, transportation, tools, disposal, and surface preparation necessary to prepare existing concrete flooring and install epoxy/ urethane floor coatings on concrete floors and diamond polished concrete in accordance with the Statement of Work. Option Year 3, 1 July 2019 to

30 June 2020.

3002 5,000 Square

Gloss Epoxy/Urethane System 30 Mil DFT

3003 2,000 Square

Power Trowel 1/4" OL High Traffic System

3004 10,000 Square

Striping/signage

3005 1,000 Square

ESD Coat add to CLIN AA or AB

3006 500 Square

Moisture block coating

3007 5,000 Square

Epoxy Resin, Quartz Aggregate

3008 500 Linear

Epoxy poured 4" wall base

3009 300 Linear

Control Joint cutting and Grouting

3010 5,000 Square

Concrete polishing and all polishing products

3011 2,000 Square

Remove tile, scrape adhesive, and prep floor

3012 2,000 Square

Remove Epoxy Coating, prep floor

3013 2,000 Square

Remove carpet, padding, scrape adhesive, prep floor

OPTION Epoxy Floor, Option Year 4

FFP

Contractor shall provide all labor, supervision, material, transportation, tools, disposal, and surface preparation necessary to prepare existing concrete flooring and install epoxy/ urethane floor coatings on concrete floors and diamond polished concrete in accordance with the Statement of Work. Option Year 4, 1 July 2020 to

30 June 2021.

4002 5,000 Square

Gloss Epoxy/Urethane System 30 Mil DFT

4003 2,000 Square

Power Trowel 1/4" OL High Traffic System

4004 10,000 Square

Striping/signage

4005 1,000 Square

ESD Coat add to CLIN AA or AB

4006 500 Square

Moisture block coating

4007 5,000 Square

Epoxy Resin, Quartz Aggregate

4008 500 Linear

Epoxy poured 4" wall base

4009 300 Linear

Control Joint cutting and Grouting

4010 5,000 Square

Concrete polishing and all polishing products

4011 2,000 Square

Remove tile, scrape adhesive, and prep floor

4012 2,000 Square

Remove Epoxy Coating, prep floor

4013 2,000 Square

Remove carpet, padding, scrape adhesive, prep floor

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$10,000.00 $1,750,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

0006 Destination Government Destination Government

0007 Destination Government Destination Government

0008 Destination Government Destination Government

0009 Destination Government Destination Government

0010 Destination Government Destination Government

0011 Destination Government Destination Government

0012 Destination Government Destination Government

0013 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

1003 Destination Government Destination Government

1004 Destination Government Destination Government

1005 Destination Government Destination Government

1006 Destination Government Destination Government

1007 Destination Government Destination Government

1008 Destination Government Destination Government

1009 Destination Government Destination Government

1010 Destination Government Destination Government

1011 Destination Government Destination Government

1012 Destination Government Destination Government

1013 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

2003 Destination Government Destination Government

2004 Destination Government Destination Government

2005 Destination Government Destination Government

2006 Destination Government Destination Government

2007 Destination Government Destination Government

2008 Destination Government Destination Government

2009 Destination Government Destination Government

2010 Destination Government Destination Government

2011 Destination Government Destination Government

2012 Destination Government Destination Government

2013 Destination Government Destination Government

3001 Destination Government Destination Government

3002 Destination Government Destination Government

3003 Destination Government Destination Government

3004 Destination Government Destination Government

3005 Destination Government Destination Government

3006 Destination Government Destination Government

3007 Destination Government Destination Government

3008 Destination Government Destination Government

3009 Destination Government Destination Government

3010 Destination Government Destination Government

3011 Destination Government Destination Government

3012 Destination Government Destination Government

3013 Destination Government Destination Government

4001 Destination Government Destination Government

4002 Destination Government Destination Government

4003 Destination Government Destination Government

4004 Destination Government Destination Government

4005 Destination Government Destination Government

4006 Destination Government Destination Government

4007 Destination Government Destination Government

4008 Destination Government Destination Government

4009 Destination Government Destination Government

4010 Destination Government Destination Government

4011 Destination Government Destination Government

4012 Destination Government Destination Government

4013 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-JUL-2016 TO

30-JUN-2017

N/A 509 CES - F4E3Z7

RA OFFICE

660 TENTH STE 206

WHITEMAN AFB MO 65305

660-687-6212

F4E3Z7

0002 POP 01-JUL-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-JUL-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-JUL-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-JUL-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-JUL-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 01-JUL-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 01-JUL-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 01-JUL-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 01-JUL-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0011 POP 01-JUL-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0012 POP 01-JUL-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0013 POP 01-JUL-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-JUL-2017 TO

30-JUN-2018

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1007 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1008 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1009 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1010 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1011 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1012 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1013 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-JUL-2018 TO

30-JUN-2019

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-JUL-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-JUL-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-JUL-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 01-JUL-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 01-JUL-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2007 POP 01-JUL-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2008 POP 01-JUL-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2009 POP 01-JUL-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2010 POP 01-JUL-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2011 POP 01-JUL-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2012 POP 01-JUL-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2013 POP 01-JUL-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-JUL-2019 TO

30-JUN-2020

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-JUL-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-JUL-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 01-JUL-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 01-JUL-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3006 POP 01-JUL-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3007 POP 01-JUL-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3008 POP 01-JUL-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3009 POP 01-JUL-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3010 POP 01-JUL-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3011 POP 01-JUL-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3012 POP 01-JUL-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3013 POP 01-JUL-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-JUL-2020 TO

30-JUN-2021

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 01-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4005 POP 01-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4006 POP 01-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4007 POP 01-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4008 POP 01-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4009 POP 01-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4010 POP 01-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4011 POP 01-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4012 POP 01-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4013 POP 01-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

Section G - Contract Administration Data

ADMINISTRATION DATA

G.1 ACCOUNTING AND APPROPRIATION DATA

Refer to block 23 of the SF 1442 (to be inserted upon award).

Accounting and appropriation data will be provided separately for each individual delivery order issued during the performance of this contract.

G.2 CONTRACT ADMINISTRATION

Contract Administration of any resultant contract will be performed by the following:

509th CONS/LGCA 660 Tenth Street, Suite 222

WHITEMAN AFB, MO 65305-5316

Telephone: (660) 687-3019

G.3 INVOICING AND PAYMENT

Payment will be made upon receipt of properly prepared invoices bearing the contract number, and project number. Invoices shall be submitted through Wide Area WorkFlow in accordance with DFARS 252.232-7006, Wide Area WorkFlow Payment Instructions. Payment will be made by the pay office identified on each delivery order. All payments will be made in accordance with the Payments under Fixed-Price Construction Contracts clause; FAR 52.232-27 entitled Prompt Payment for Construction Contracts.

The following items are required for final invoice payment:

1) Final invoice

2) Release of claims

3) All certified payrolls including those for completion of punch list items

4) Warranty Letter

G.4 PAYMENT MADE BY AND SUBMISSION OF INVOICES

The contractor shall submit original invoices for payment as prescribed in FAR 252.232-7003 Electronic Submission of Payment Request and Receiving Reports. Payment will be made by the pay office identified on each individual delivery order.

If the contractor is unable to submit a payment in electronic form, the contractor shall refer paragraph to (c) and (d) for submittal of non-electronic invoices. The contractor shall submit original invoices for payment to the following address:

509th CONS/LGCA 660 Tenth Street, Suite 222 Whiteman AFB, MO 65305-5316

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006

52.203-7 Anti-Kickback Procedures MAY 2014

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management JUL 2013

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013

52.204-15 Service Contract Reporting Requirements for Indefinite-

Delivery Contracts

JAN 2014

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.211-13 Time Extensions SEP 2000

52.211-18 Variation in Estimated Quantity APR 1984

52.215-2 Audit and Records--Negotiation OCT 2010

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52.217-2 Cancellation Under Multiyear Contracts OCT 1997

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.219-8 Utilization of Small Business Concerns OCT 2014

52.219-14 Limitations On Subcontracting NOV 2011

52.222-1 Notice To The Government Of Labor Disputes FEB 1997

52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards- Overtime

Compensation

MAY 2014

52.222-6 Construction Wage Rate Requirements MAY 2014

52.222-7 Withholding of Funds MAY 2014

52.222-8 Payrolls and Basic Records MAY 2014

52.222-9 Apprentices and Trainees JUL 2005

52.222-10 Compliance with Copeland Act Requirements FEB 1988

52.222-11 Subcontracts (Labor Standards) MAY 2014

52.222-12 Contract Termination-Debarment MAY 2014

52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988

52.222-15 Certification of Eligibility MAY 2014

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-22 Previous Contracts And Compliance Reports FEB 1999

52.222-26 Equal Opportunity APR 2015

52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-33 Notice of Requirement for Project labor Agreement MAY 2010

52.222-34 Project Labor Agreement MAY 2010

52.222-35 Equal Opportunity for Veterans OCT 2015

52.222-37 Employment Reports on Veterans FEB 2016

52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons MAR 2015

52.222-54 Employment Eligibility Verification OCT 2015

52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.224-1 Privacy Act Notification APR 1984

52.224-2 Privacy Act APR 1984

52.225-9 Buy American--Construction Materials MAY 2014

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.228-2 Additional Bond Security OCT 1997

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.228-11 Pledges Of Assets JAN 2012

52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014

52.228-14 Irrevocable Letter of Credit NOV 2014

52.228-15 Performance and Payment Bonds--Construction OCT 2010

52.229-3 Federal, State And Local Taxes FEB 2013

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014

52.232-16 Progress Payments APR 2012

52.232-17 Interest MAY 2014

52.232-23 Assignment Of Claims MAY 2014

52.232-27 Prompt Payment for Construction Contracts MAY 2014

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-37 Multiple Payment Arrangements MAY 1999

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.236-2 Differing Site Conditions APR 1984

52.236-3 Site Investigation and Conditions Affecting the Work APR 1984

52.236-5 Material and Workmanship APR 1984

52.236-6 Superintendence by the Contractor APR 1984

52.236-7 Permits and Responsibilities NOV 1991

52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984

52.236-13 Accident Prevention NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984

52.236-15 Schedules for Construction Contracts APR 1984

52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for Construction FEB 1997

52.236-26 Preconstruction Conference FEB 1995

52.236-28 Preparation of Proposals--Construction OCT 1997

52.242-13 Bankruptcy JUL 1995

52.242-14 Suspension of Work APR 1984

52.243-5 Changes and Changed Conditions APR 1984

52.244-6 Subcontracts for Commercial Items FEB 2016

52.246-12 Inspection of Construction AUG 1996

52.246-21 Warranty of Construction MAR 1994

52.248-3 Value Engineering-Construction OCT 2015

52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-10 Default (Fixed-Price Construction) APR 1984

52.253-1 Computer Generated Forms JAN 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7003 Agency Office of the Inspector General DEC 2012

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7000 Disclosure Of Information AUG 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7006 Billing Instructions OCT 2005

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

DEC 2015

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

OCT 2015

252.223-7004 Drug Free Work Force SEP 1988

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7004 DOD Progress Payment Rates OCT 2014

252.236-7000 Modification Proposals-Price Breakdown DEC 1991

252.236-7005 Airfield Safety Precautions DEC 1991

252.236-7008 Contract Prices-Bidding Schedules DEC 1991

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 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, to be nogotiated on each Delivery Order. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price (FFP) contract resulting from this solicitation.

(End of provision)

52.216-18 ORDERING. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1 July 2016 through 30 Jun 2021.

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

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

Schedule.

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, 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 $350,000.00.

(2) Any order for a combination of items in excess of $1,000.00.00.

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

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the

Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and

Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the last negotiated completion date of any delivery order issued during the term of the contract.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

52.219-13 Notice of Set-Aside of Orders (Nov 2011)

The Contracting Officer will give notice of the order or orders, if any, to be set aside for small business concerns identified in 19.000(a)(3) and the applicable small business program. This notice, and its restrictions, will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3).

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting

Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

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:

Goals for minority participation for each trade

Goals for female participation for each trade

10.0% 6.9%

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 Order 11246, 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 Order 11246, 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 Whiteman AFB, MO.

52.222-30 CONSTRUCTION WAGE RATE REQUIREMENTS--PRICE ADJUSTMENT (NONE OR

SEPARATELY SPECIFIED METHOD) (MAY 2014)

(a) The wage determination issued under the Construction Wage Rate Requirements statute by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, that is effective for an option to extend the term of the contract, will apply to that option period.

(b) The Contracting Officer will make no adjustment in contract price, other than provided for elsewhere in this contract, to cover any increases or decreases in wages and benefits as a result of-- (1) Incorporation of the

Department of Labor's wage determination applicable at the exercise of the option to extend the term of the contract;

(2) Incorporation of a wage determination otherwise applied to the contract by operation of law; or

(3) An increase in wages and benefits resulting from any other requirement applicable to workers subject to the

Construction Wage Rate Requirements statute.

52.225-10 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.

52.225-11 BUY AMERICAN--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (FEB 2016)

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

Caribbean Basin country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

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 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.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican

Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon

Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin

Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St.

Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean

Basin country 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.

Least developed country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

“Free Trade Agreement country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

“Least developed country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the

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

WTO GPA country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the

(b) Construction materials.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). In addition, the Contracting

Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition.

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