Solicitation.doc

Section B - Supplies or Services and Prices

Remodel Dorm 740

FFP

Remodel of Dormatory 740 see Schedule B continuation sheet for further details.

FOB: Destination

NSN: Z163-RE-MOD-B740

PURCHASE REQUEST NUMBER: F2W3D50054A006

SIGNAL CODE: A

NET AMT

SCHEDULE B CONTINUATION SHEET

BID SCHEDULE

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

TOTAL PRICE

Remodel Dorm 740 Lump Sum

**TOTAL PRICE ABOVE IS TO REFLECT TOTAL FROM ITEMS 01 THRU 28 BELOW**

The project design includes, but is not limited to: Modifications include installation of blast-resistant windows and doors, installation of CMU block wainscoting and new EIFS.

Interior upgrades shall include removal and replacement of all finishes at the corridors and common areas. All gypsum board in the common areas, dorm living rooms, restrooms, and main closets will be removed from the walls and ceilings and replaced except as noted on drawings. All remaining gypsum board wall and ceiling surfaces will be touched up and repainted. All flooring throughout the building including stair treads and riser will be removed and replaced.

Demolition work will include the abatement of all asbestos discovered in the building. Asbestos containing floor mastic has been identified beneath the resilient flooring and carpet in several locations and is assumed to be present throughout the building. Asbestos containing wall mastic has been located in the manager’s office on the first floor and may be present in other locations. Proper containment and abatement practices shall be used for the removal and disposal of all asbestos containing materials.

All corridor door Onity Tesa locksets will be replaced with new Onity HT24w locksets. All interior and exterior doors will be replaced. All exterior doors and frames will be replaced with new blast resistant assemblies. All suite closet, bathroom and kitchen door frames will be replaced due to damage and other existing conditions. All frames to be replaced have been indicated on the drawings. All other door frames are to remain and will be painted and fit with new hardware.

The second and third floor laundry rooms will be extended into the unused vending machine areas to include a new dryer and folding counters.

All ceiling tile in the common areas and hallways will be replaced. The existing suite bathrooms will be remodeled including the creation of a half wall at the toilet area and replacement of showerheads, fans, fixtures, shower doors, ceramic tile and hardware. The dormitory closets will be renovated to include new closet organizers. The kitchen upgrade will include new flooring, countertops, sink, faucets, and additional wall cabinets incorporating a cabinet mounted microwave shelf. Gypsum board walls in the kitchen will remain and will be patched and painted.

Finishes per suite: The carpet, resilient flooring and base throughout the module will be removed and replaced. All gypsum board on the walls and ceilings in the suite living rooms, main closets (near entrance), dining rooms and bathrooms will be removed and replaced. Access hatches to mechanical, plumbing, and electrical components will be installed as needed. All the kitchen and extra closet (bump outs) interior walls will remain and are to be repainted. All bathroom, closet and kitchen door frames will be replaced. Other door frames to be replaced as indicated on the drawings. All remaining door frames will be patched and repainted. All doors and hardware within the suites, including the entrance door, will be replaced. All windows within the suites will be replaced with blast resistant windows. New window sills will be of solid surface material matching the new vanity and kitchen countertops. New window treatments have been specified.

All fixtures and wall, ceiling, and floor surfaces will be removed from bathrooms. New cementitious tile backer board will be installed. The door into the toilet/shower stall and its wall will be removed. A half height wall will be installed as located on the plans. Bathroom areas will receive new paint and a new tile wainscot. The existing shower basins will remain but new shower doors, tile, and shower heads, toilets and other hardware will be installed. A tile wainscot will wrap the entire space. All interior walls will be painted above the wainscoting. The bathroom wall cabinet will be removed and reinstalled above the toilet.

Kitchen areas will require new flooring, rubber base, chair rail, counter top, sink and faucet. New upper cabinets will be installed including a cabinet mounted microwave. This room will also be repainted. A new vinyl chair rail will be installed around the perimeter of the dining area.

The vanity, medicine cabinet and light fixture in the wash alcove will be removed and replaced with new. The countertop will be a single piece solid surface top with an integral sink and backsplash. The mirror next to the alcove will be removed and replaced with new.

Finishes per common areas: Corridors will recieve a new 2 by 2 lay-in acoustical ceiling tile system with recessed lighting. All corridors will have multi-colored commercial carpet with a rubber base. Gypsum board on the corridor walls will be replaced and CMU corridor walls will be stripped of the vinyl wall covering, repaired and have new finishes to include a vinyl wall rail, vinyl wall covering and paint. The existing multi-use room will receive new vinyl wall covering, paint ceiling as well.

Exterior Finishes: A 4” split face CMU block wainscot matching the block end walls will wrap the building rising from the concrete curb to the height of 4’-8” above the finished floor elevation on the first floor. The wainscot will be capped with a precast concrete sill. The existing stucco surface will be covered with a 2” Exterior Insulation and Finishing System (EIFS). All downspouts will be removed and replaced to accommodate the installation of the EIFS and CMU wainscot. All existing snowmelt cables will be reinstalled in the new downspouts. All bird cove will be replaced.

All windows and exterior doors will be replaced with blast rated window and door assemblies.

Existing Fire Suppression System: The existing building is protected by a wet-pipe sprinkler system. The existing stair-shafts do not have standpipes.

Standpipe Requirements: A manual Class I dry standpipe will be provided in only the central stair tower and connected to a wall mounted standpipe fire department connection to reach major portions of the building.

Plumbing System: The building’s domestic hot water re-circ lines have been leaking in various different areas of the dorm. This appears to be happening due to the fact that the copper pipe that was installed is a thinner walled copper pipe like type M copper. Based on direction from CES all domestic cold and hot water re-circ lines be removed and replace with either type L copper or PEX tubing. The sump pumps in the basement mechanical room shall be replaced.

Water Service: The existing water service to the building is relatively new and shall be left in place.

Downspout Hubs: The downspouts around the perimeter of the building stub into drain pipe. To accommodate the new EFIS siding, the drain pipes will be exposed and offset away from the building to allow for the new siding.

Bathrooms: Salvage shower basins if possible. Replace all fans, fixtures, shower doors, and shower tile.

The exhaust fans in all bathrooms will be replaced with a fan/light combination and have speed controllers placed on the walls.

Mechanical Room Ventilation Unit Upgrades and Repairs: The outside air intake for the existing ventilation unit is less than 10’ above ground. A new ductwork gooseneck will be added on the exterior of building to extend the air intake to a minimum of 10’ above ground. The ventilation unit will be rebalanced to increase air flow to account for makeup air being ducted to the laundry rooms. A new VAV and ventilation air ductwork will be installed to provide makeup air to each of the three laundry rooms. The existing dryer exhaust ducting will be removed and reinstalled using hard duct in place of flexible duct. A short piece of flex duct will allow removal of the dryer. One new dryer vent penetration will be added to accommodate the additional dryer on each floor.

Controls: New Bacnet compatible direct digital controls will be installed throughout the dorm to replace the existing standalone control system. The existing DDC controls of the heating plant will be integrated with the base HSQ control system and all existing equipment. This upgrade will include new electronic control valves for the hydronic heating and cooling. New zone temperature sensors will be included, fan coil control units, as well as boiler plant and chilled water plant controls.

Hydronic Piping: Though the hydronic heating water piping is only approximately 10 years old there have apparently been problems with leaks in the system. All hydronic heating water piping and pipe accessories will be replaced with new type L copper tubing and new piping accessories. The piping in the basement mechanical room will be left intact as that room was recently remodeled.

Lighting: Existing fixtures will be replaced with new T5, T8 or compact fluorescent fixtures w/electronic ballasts where applicable. Dimmer controls will be added to control lighting in living rooms.

Corridor lighting will be replaced with new fluorescent fixtures, including emergency ballasted fixtures.

Interior lighting in all other areas shall be replaced with new energy efficient fluorescent light fixtures.

Exit lights will be replaced with new LED battery backup type fixtures.

Exterior lighting will be replaced with new full cutoff type fixtures.

New combination exhaust/heat fan units will be provided in bathrooms as required.

Power: Receptacles and cover plates in all remodeled spaces shall be replaced with new.

Power will be provided to new exhaust fans and mechanical equipment as required.

Existing panels and associated feeders shall remain in place as at present. Circuit breakers serving bedroom units will be replaced with new AFCI type breakers and new conductors pulled to provide dedicated neutrals to these circuits. New conduit will be provided as required to accomplish this.

Special Systems: Fire alarm system will be replaced with new as required. This will include control panel, transceiver, extender panels, detection & fire sprinkler connections. A new PA system will be provided.

CCTV: Shall be removed and reinstalled as required to complete repair work. Additional empty conduit will be installed for future cameras in stairwells.

Telephone & Data: Telephone and data jacks and cover plates shall be replaced. Existing cabling shall be re-used. Existing emergency phones shall be removed and a new telephone jack shall be provided in the entry way for a door monitor.

Cable TV: Cable TV jacks and cover plates shall be replaced. Existing cabling shall be re-used.

Snow Melt: Existing system shall be removed and replaced into existing gutters and new downspouts.

Section B Continuation Sheet Proposal Schedule Remodel Dorm Building 740

ITEM

01 Division 1 - General Conditions. Item includes General Requirements, Security, Measurement and Payment, Field Engineering, Environmental Procedures, References, Temporary Facilities and Controls, and Closeout Procedures. As indicated on each individual Specification Section.

UNIT

UNIT EST

EST

PRICE

QTY

PRICE

Division 1-

LUMP

General Conditions

JOB

SUM

02 Division 2 - Existing Conditions. Item includes Selective Demolition and Asbestos Abatement. As indicated on each individual Specification Section.

QTY

PRICE

Division 2-

LUMP

Existing Conditions

JOB

SUM

Additional Asbestos

Abatement Small-Scale

(<10 Square Feet) for

Black Mastic beneath Floor

Tile and Carpeting Square Foot $______

Additional Asbestos

Abatement Large-Scale

(<100 Square Feet) for

Black Mastic beneath Floor

Tile and Carpeting Square Foot $_______

Additional Asbestos

Abatement Small-Scale

(<10 Square Feet) for

Beige Wall Mastic Square Foot $________

Additional Asbestos

Abatement Large-Scale

(<100 Square Feet) for

Beige Wall Mastic Square Foot $______

Deduction for

Black Mastic beneath Floor

Tile and Carpeting Square Foot -$______

Deduction for

Beige Wall Mastic Square Foot -$______

03 Division 3 - Concrete. Item includes Cast-in-Place Concrete and Precast Architectural Concrete. As indicated on each individual Specification Section.

QTY

PRICE

Division 3-

LUMP

Concrete

JOB

SUM

04 Division 4 - Masonry. Item includes Unit Masonry, Structural Block (Scaffolding). As indicated on each individual Specification Section.

QTY

PRICE

Division 4-

LUMP

Masonry

JOB

SUM

05 Division 5 - Metals. Item includes Metal Fabrication. As indicated on each individual Specification Section.

QTY

PRICE

Division 5-

LUMP

Metals

JOB

SUM

06 Division 6 - Wood, Plastics, and Composites. Item includes Miscellaneous Rough Carpentry, Interior Architectural Woodwork, and Solid Polymer Fabrications. As indicated on each individual Specification Section.

QTY

PRICE

Division 6-

LUMP

Wood, Plastics, JOB

SUM

and Composites

07 Division 7 - Thermal and Moisture Protection. Item includes Exterior Insulation and Finish Systems - Class PB, Sheet Metal Flashing and Trim, Through Penetration Firestop Systems, and Joint Sealants. As indicated on each individual Specification Section.

QTY

PRICE

Division 7-

LUMP

Thermal and

JOB

SUM

Moisture Protection

08 Division 8 - Openings. Item includes Steel Doors and Frames, Flush Wood Doors, Access Doors and Frames, Aluminum Blast Resistant Windows, Door Hardware, Blast Resistant Doors, and Glazing. As indicated on each individual Specification Section.

QTY

PRICE

Division 8-

LUMP

Openings

JOB

SUM

09 Division 9 - Finishes. Item includes Gypsum Board Assemblies, Tile, Acoustical Panel Ceilings, Resilient Wall Base and Accessories, Sheet Vinyl Floor Coverings, Carpet, Wall Coverings, and Painting. As indicated on each individual Specification Section.

QTY

PRICE

Division 9-

LUMP

Finishes

JOB

SUM

10 Division 10 - Specialties. Item includes Wall and Door Protection and Toilet and Bath Accessories. As indicated on each individual Specification Section.

QTY

PRICE

Division 10-

LUMP

Specialties

JOB

SUM

12 Division 12 - Furnishings. Item includes Horizontal Louver Blinds, Panel Drapery and Top Treatments, Drapery Tracks, and Floor Mats and Frames. As indicated on each individual Specification Section.

QTY

PRICE

Division 12-

LUMP

Furnishings

JOB

SUM

21 Division 21 - Fire Suppression. Item includes Standpipe Systems. As indicated on each individual Specification Section.

QTY

PRICE

Division 21-

LUMP

Fire Suppression

JOB

SUM

22 Division 22 -Plumbing. Item includes Domestic Water Piping, Domestic Water Piping Specialties, Sump Pumps, and Plumbing Fixtures. As indicated on each individual Specification Section.

QTY

PRICE

Division 22-

LUMP

Plumbing

JOB

SUM

23 Division 23 - Heating, Ventilating, and Air-Conditioning (HVAC). Item includes Common Work Results for Plumbing and HVAC, Meters and Gages for HVAC Piping, General Duty Valves for Plumbing and HVAC Piping, Identification for Plumbing and HVAC Piping and Equipment, Testing, Adjusting and Balancing for HVAC, HVAC Insulation, BACNET/IP Based Direct Digital Control System, Sequence of Operation, Hydronic Piping, HVAC Water Treatment, Metal Ducts, Air Duct Accessories, HVAC Power Ventilators and Air Terminal Units. As indicated on each individual Specification Section.

QTY

PRICE

Division 23-

LUMP

Heating, Ventilating, JOB

SUM

And Air-Conditioning (HVAC)

26 Division 26 - Electrical. Item includes Demolition/Remodel, Common Work Results for Electrical, Low-Voltage Electrical Power Conductors, Cables and Connectors, Grounding and Bonding for Electrical Systems, Hangers and Supports for Electrical Systems, Raceways and Boxes for Electrical Systems, Wiring Devices, and Lighting. As indicated on each individual Specification Section.

QTY

PRICE

Division 26-

LUMP

Electrical

JOB

SUM

27 Division 27 - Communications. Item includes Communications. As indicated on each individual Specification Section.

QTY

PRICE

Division 27-

LUMP

Communications

JOB

SUM

28 Division 28 - Electronic Safety and Security. Item includes Addressable Fire Alarm System. As indicated on each individual Specification Section.

QTY

PRICE

Division 28-

LUMP

Electronic Safety

JOB

SUM

and Security

TOTAL ESTIMATE $_______________

Section C - Descriptions and Specifications

CLAUSES INCORPORATED BY FULL TEXT

DESCRIPTIONS AND SPECIFICATION

C-1 SPECIFICATION, STANDARDS AND DRAWINGS IAW FAR 11-201

Furnish all labor, materials, supervision, quality control, testing, equipment and transportation necessary to perform the work required by the drawings and specifications applicable to Malmstrom AFB, Project No. NZAS 04-1041, dated 22 June 2010 and that are identified as attachments to this solicitation in Section J hereof.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

KEN MURPHY

39 78TH ST N BLDG 470

MALMSTROM AFB MT 59402

406-731-6865

FOB: Destination F2W3D5

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 450 calendar days after reciept of the Notice to Proceed. There is no Winter Exclusion included in this project. * The time stated for completion shall include final cleanup of the premises.

(End of clause)

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $363.96 for each calendar day of delay until the work is completed or accepted.

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

(End of clause)

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008)

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

(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when--

(1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will transfer to WAWF;

(2) DoD is unable to receive a payment request or provide acceptance in electronic form;

(3) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment; or

(4) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System).

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.

(End of clause)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (JUL 2005)

(a) Definition. HUBZone small business concern, as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror's base offer.

These individual preference amounts shall be added together to arrive at the total evaluated price for that offer.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply if the offeror has waived the evaluation preference.

___ Offeror elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns.

(e) A HUBZone joint venture agrees that in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the HUBZone small business participant or participants.

(f) A HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008)

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

Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall--

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to 341 Contracting Squadron, 7015 Goddard Drive, Bldg 145, Malmstrom AFB, Montana 59402.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)

(a) Definition. Ozone-depleting substance, as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR part 82 as--

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

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

“WARNING: Contains (or manufactured with, if applicable), a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.”----------------------------

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

(End of clause4)

CLAUSES INCORPORATED BY FULL TEXT

52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

(a) Executive Order 13148, of April 21, 2000, Greening the Government through Leadership in Environmental Management, requires submission of this certification as a prerequisite for contract award.

(b) By signing this offer, the offeror certifies that--

(1) As the owner or operator of facilities that will be used in the performance of this contract that are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of the contract the Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; or

(2) None of its owned or operated facilities to be used in the performance of this contract is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons: (Check each block that is applicable.)

( ) (i) The facility does not manufacture, process, or otherwise use any toxic chemicals listed in 40 CFR 372.65;

( ) (ii) The facility does not have 10 or more full-time employees as specified in section 313.(b)(1)(A) of EPCRA 42 U.S.C. 11023(b)(1)(A);

( ) (iii) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA);

( ) (iv) The facility does not fall within the following Standard Industrial Classification (SIC) codes or their corresponding North American Industry Classification System sectors:

(A) Major group code 10 (except 1011, 1081, and 1094.

(B) Major group code 12 (except 1241).

(C) Major group codes 20 through 39.

(D) Industry code 4911, 4931, or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce).

(E) Industry code 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, Subtitle C (42 U.S.C. 6921, et seq.), 5169, 5171, or 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis); or

( ) (v) The facility is not located within the United States or its outlying areas.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.223-14 TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

(a) Unless otherwise exempt, the Contractor, as owner or operator of a facility used in the performance of this contract, shall file by July 1 for the prior calendar year an annual Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023(a) and (g)), and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106). The Contractor shall file, for each facility subject to the Form R filing and reporting requirements, the annual Form R throughout the life of the contract.

(b) A Contractor-owned or -operated facility used in the performance of this contract is exempt from the requirement to file an annual Form R if--

(1) The facility does not manufacture, process, or otherwise use any toxic chemicals listed in 40 CFR 372.65;

(2) The facility does not have 10 or more full-time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A);

(3) The facility does not meet the reporting thresholds of toxic chemicals established under of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA);

(4) The facility does not fall within the following Standard Industrial Classification (SIC) codes or their corresponding North American Industry Classification System sectors:

(i) Major group code 10 (except 1011, 1081, and 1094.

(ii) Major group code 12 (except 1241).

(iii) Major group codes 20 through 39.

(iv) Industry code 4911, 4931, or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce).

(v) Industry code 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, Subtitle C (42 U.S.C. 6921, et seq.)), 5169, 5171, or 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis); or

(5) The facility is not located in the United States or its outlying areas.

(c) If the Contractor has certified to an exemption in accordance with one or more of the criteria in paragraph (b) of this clause, and after award of the contract circumstances change so that any of its owned or operated facilities used in the performance of this contract is no longer exempt--

(1) The Contractor shall notify the Contracting Officer; and

(2) The Contractor, as owner or operator of a facility used in the performance of this contract that is no longer exempt, shall (i) submit a Toxic Chemical Release Inventory Form (Form R) on or before July 1 for the prior calendar year during which the facility becomes eligible; and (ii) continue to file the annual Form R for the life of the contract for such facility.

(d) The Contracting Officer may terminate this contract or take other action as appropriate, if the Contractor fails to comply accurately and fully with the EPCRA and PPA toxic chemical release filing and reporting requirements.

(e) Except for acquisitions of commercial items, as defined in FAR Part 2, the Contractor shall--

(1) For competitive subcontracts expected to exceed $100,000 (including all options), include a solicitation provision substantially the same as the provision at FAR 52.223-13, Certification of Toxic Chemical Release Reporting; and

(2) Include in any resultant subcontract exceeding $100,000 (including all options), the substance of this clause, except this paragraph (e).

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (FEB 2009)

(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 section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), 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 Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act 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 the construction material or components listed by the Government as follows: None

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act 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 Act 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 Act. (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 Act 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 Act applies, use of foreign construction material is noncompliant with the Buy American Act.

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

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) \1\

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

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

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

Include other applicable supporting information.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (FEB 2009)

(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 Act--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 Act 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 Act 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 Act, 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)

CLAUSES INCORPORATED BY FULL TEXT

52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract.