MACC_FY15_Draft_RFP.doc

Section B - Supplies or Services and Prices

MACC - Design

FFP

MACC is a multiple award, competitive, design and/or build, indefinite-delivery/indefinite-quantity (IDIQ) construction acquisition based on the specifications attached to this document as well as the specifications, statements of work, and other technical documents associated with individual task orders. Work shall be performed in the general construction category and includes, but is not limited to, the following: maintenance, repair, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving, and earthwork in both housing/dorm type and/or industrial/office type buildings and /or infrastructure. Work shall be performed at Dyess Air Force Base, Texas. Prices are determined by individual task orders.

FOB: Destination

MAX

NET AMT

MACC - Construction

MACC is a multiple award, competitive, design and/or build, indefinite-delivery/indefinite-quantity (IDIQ) construction acquisition based on the specifications attached to this document as well as the specifications, statements of work, and other technical documents associated with individual task orders. Work shall be performed in the general construction category and includes, but is not limited to, the following: maintenance, repair, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving, and earthwork in both housing/dorm type and/or industrial/office type buildings and /or infrastructure. Work shall be performed at Dyess Air Force Base, Texas. Prices are determined by individual task orders.

MAX

MACC - Downtime

To be determined by individual Task Orders.

MAX

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.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$2,000.00

$10,000,000.00

$2,000.00

$10,000,000.00

$2,000.00

$10,000,000.00

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

30-SEP-2020

DANIEL FRIEBERG

710 3RD STREET

DYESS AFB TX 79607

325-696-5617

F1R310

30-SEP-2020

F1R310

30-SEP-2020

F1R310

SECTION F

SECTION F

DELIVERIES OR PERFORMANCE

F-1 PERIOD OF PERFORMANCE

This is a Firm-Fixed Price (FFP) contract for a broad range of maintenance, repair and minor construction work as well as design build, on real property at Dyess Air Force Base, TX. During the contract period, the Government will identify construction tasks required to complete each specific job.

Period of Performance will be multiple-year and will expire on 30 September 2020.

F-2 CONTRACT AMOUNTS

The estimated project magnitude falls under three categories: 1) Overall MACC ceiling, subequent Task Orders, and Seed Projects. IAW FAR 36.204, Disclosure of the Magnitude of Construction Projects and DFARS 236.204, Disclosure of the magnitude of construction projects, the magnitudes for each category are as follows:

(a) Overall MACC ceiling - Between $25,000,000 and $100,000,000.

(b) Task Orders - Subsequent Task Orders are estimated to be either between $500,000 and $1,000,000, $1,000,000 and $5,000,000, or between $5,000,000 and $10,000,000.

(c) Seed Projects - Less than $25,000.

F-3 HOLIDAYS

This base observes the following Federal legal holidays:

NOTE: Any of the above holidays falling on a Saturday will be observed on the preceding Friday; holidays falling on a Sunday will be observed on the following Monday.

F-4 PERFORMANCE

(a) All work performed by the contractor is guided by the drawings/plans. It is the contractor’s responsibility to read and understand these requirements. If the contractor does not agree with the specifications and/or the drawings/plans for whatever reason, it is their responsibility to bring this to the attention of the Contracting Officer during discussions. Omissions from the drawings/plans or the misdirection of details of work which are necessary to carry out the intent of the drawings/plans, or which are customarily performed, shall not relieve the contractor from performing such omitted or misdescribed details of the work. They shall be performed as if fully and correctly set forth and described in the drawings/plans.

(b) Prior to the contractor starting work on the contract, the contractor shall notify the Contracting Officer 5 working days in advance to allow sufficient time to notify the applicable using organization to prevent delays in performance of work. Notification of customers and using organizations is a joint effort of the contractor and the Government.

F-5 NOTIFICATION OF START OF WORK

Twenty-four hours prior to reporting to the job site, and prior to starting any work on this installation, the contractor shall notify the Contracting Officer or authorized representative. Failure to do so may cause unnecessary delays in performance of the contract, for which the Government will not be held responsible. Some work will require scheduling coordination with customers as much as 10 working days ahead to properly advertise to the public or to avoid mission degradation.

F-6 SCHEDULING OF WORK

(a) Before any work is initiated under the contract, the Contractor shall confer with the Contracting Officer or authorized representatives and agree on a sequence of procedure; means of access to premises; space for storage of materials and equipment; delivery of materials and use of approaches; means of communications; the location of partitions, eating spaces, and restrooms for Contractor’s employees.

(b) Delivery of materials and equipment shall be made with a minimum amount of interference to Government operations and personnel.

(c) The work shall, so far as practicable, be done in definite sections or divisions and confined to limited areas which shall be completed before work in other sections or divisions begin in accordance with guidance in specifications.

(d) The Contractor shall obtain a welding permit from the base fire chief immediately prior to performing any welding.

(e) Prior to beginning any excavation which will be required under this contract, the Contractor shall obtain from the Base Engineering representative an AF Form 103, Work Clearance Request. Up to seven (7) working days may be required for processing the construction permit.

(f) Driving on the flight line at Dyess AFB requires a pass that can only be obtained after the completion of training. Please refer to MACC Specification 00 01 05 Flight Line for further details.

F-7 SEVERE WEATHER

The contractor shall develop and be prepared to implement procedures to evacuate and/or protect people and facilities under its control in the event of severe weather. These procedures will include provisions for securing or repositioning equipment. The contractor shall notify the Contracting Officer of any evacuation procedures. Upon notification by the Contracting Officer of a severe weather warning, the contractor shall take immediate action to tie down, remove, protect, or secure its materials and equipment to the satisfaction of the Air Force inspector providing reasonable assurance that the severe weather will not damage Government property.

F-8 BARRIERS AND ENCLOSURES

The Contractor shall isolate all work sites using barriers, cordon off, or other appropriate measures from mobilization to completion of construction. The Contractor will prepare a site plan indicating the proposed location and dimensions of any area to be fenced and used by the Contractor, the number of trailers to be used, avenues of ingress/egress to the fenced area and details of the fence installation. Any areas which may have to be graveled to prevent the tracking of mud shall also be identified. All barriers or safety/traffic equipment shall be considered part of the coefficient and no remuneration shall be made for installation of said equipment/devices.

(a) Outdoor Barricades: The Contractor shall furnish, install, and maintain adequate barricades, warning signs, and warning lights to isolate outdoor construction areas. The Contractor shall identify and barricade all open trenches and excavations at the end of each work day. In the vicinity of traveled ways (pedestrian and vehicular), the Contractor shall use flashing barricades with spacing not to exceed 25 feet. In other areas, the Contractor may use unlit barricades, flagging, rope, fences or other suitable means.

(b) Fencing: The Contractor shall install fences to isolate construction sites when instructed by the Contracting Officer per recommendations of the base safety office. Fencing material shall consist of heavy-duty plastic mesh construction barriers or equivalent.

F-9 ACCESS ROADS

At the end of each day, the contractor shall inspect for and clear all mud, dirt, debris, foreign objects, or spills of any kind from the contractor’s operations (including subcontractors and suppliers) on streets and parking lots used as access to the work or staging areas.

F-10 CONSTRUCTION SIGNS

All construction sites shall have signs posted that say, “Construction Area—Authorized Personnel Only”, “Hard-Hat Area—Construction in Progress”, and “Detour” (with an arrow), as applicable.

The Contractor shall, at the time of commencement of work, place on each construction site an identification sign approximately 3 feet x 4 feet. The sign may contain project specific information as well as safety information and a visitor log, but will contain the minimum data below and shall remain on the site until final acceptance of the work. Sign shall be made of metal, with brown background (Dyess Sign Colors) and white vinyl letters that can be easily read.

DYESS AFB MACC (Individual Task Order Name)

NAME OF CONTRACTOR

PROJECT NUMBER

PROJECT TITLE

PROJECT COST

ESTIMATED COMPLETION DATE

A 7th Contracting Squadron/Civil Engineering Project

Section G - Contract Administration Data

SECTION G

SECTION G

CONTRACT ADMINISTRATION DATA

G-1 CONTRACT ADMINISTRATION

(a) Following award, the 7th Contracting Squadron will administer this contract. The name, address, telephone number, and fax number of the Contracting Officer are:

Mr. Ronald G. Miller

7 CONS/DBO

381 3rd Street

Dyess AFB, TX 79607-1581 Phone: (325) 696-2285

Fax: (325) 696-8676

(b) The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the authority remains solely with the Contracting Officer. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

(c) Contractual problems, of any nature, which might occur during the life of the contract must be handled in accordance with very specific public laws and regulations (e.g. Federal Acquisition Regulation), and must be referred to the Contracting Officer for resolution. Only the Contracting Officer is authorized to formally resolve such problems. Therefore, the contractor is directed to submit all such contractual problems to the immediate attention of the Contracting Officer.

(d) Any request for contract changes/modifications shall be submitted to the Contracting Officer.

(e) All correspondence concerning this contract, such as requests for information, explanation of terms, and contract interpretations, shall be submitted to the Contracting Officer.

G-2 INVOICES AND PAYMENTS

(a) The Government will pay all invoices per the provisions of the Prompt Payment Act for Construction Contracts (Reference FAR 52.232-27), withholding only amounts questioned by the Government or arising from claims or held as retainage.

(b) Upon completion of the work and prior to final payment, the contractor shall be required to furnish to the Contracting Officer a Release of Claims as specified by FAR 52.232-5, Payments under Fixed-Price Construction Contracts.

Section H - Special Contract Requirements

SECTION H

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H-1 INSURANCE REQUIREMENTS

(a) Before commencing work under this contract, the contractor shall certify in writing to the Contracting Officer 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 until 30 days after the insurer or the contractor gives written notice to the Contracting Officer. See FAR 52.228-5 in Section I.

(b) For the purpose of this clause the following minimum limits are provided:

(1) Workmen’s Compensation and Employers Liability Insurance as required by law except if this contract is to be performed in a State which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such State will be satisfactory. The required Workmen’s Compensation insurance shall extend to cover employer’s liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.

(2) General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

(3) Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

H-2 PERFORMANCE AND PAYMENT BONDS

The contractor shall furnish all executed bonds, and any necessary reinsurance agreements no more than 10 days after receipt of notice to proceed, and before the commencement of any work.

H-3 INVESTIGATION OF DAMAGE OR INJURY

The United States Government will have the right to conduct an investigation, or participate in the contractor’s investigation, of any damage or injury to United States Government property, equipment or personnel.

H-4 MATERIAL APPROVAL SUBMITTAL FORM (AF FORM 3000)

Within 10 calendar days after Notice To Proceed or as otherwise established by the Contracting Officer, all material and articles requiring approval shall be submitted by the contractor using an AF Form 3000. The contractor will install, catalog, and maintain all submittals.

H-5 CONTRACTOR RESPONSIBILITY

Contractors operating on base shall be responsible for briefing and ensuring their employees adhere to the traffic rules and regulations. The foreman, job supervisor, and other personnel providing workman leadership will, when possible, ensure the workers comply with these rules and regulations. Speed limit on base is 30 MPH unless otherwise posted. The speed limit in base housing areas is 20 MPH and the speed limit in parking lots is 5 MPH. The school zone speed limit is 5 MPH. Individuals are to obey all entry procedures. If instructions are given by the Security Forces personnel on the entry points (gates), they will be complied with immediately. Security Forces utilize speed detection devices and citations will be issued to violators. Personnel who park on grass or seeded areas will be cited.

H-6 LOCAL BASE ACCESS REQUIREMENTS

(a) Per Air Force Instruction 31-113, Installation commanders (or appointed representatives) may deny access and access credentials based on information obtained during identity vetting that indicates the individual may present a threat to the good order, discipline and morale of the installation, including, but not limited to the following:

(1) There is a reasonable basis to believe the individual has submitted fraudulent information concerning his or her identity.

(2) There is a reasonable basis to believe the individual will attempt to gain unauthorized access to classified documents, information protected by the Privacy Act, information that is proprietary in nature, or other sensitive or protected information.

(d) There is a reasonable basis to believe the individual will unlawfully or inappropriately use an access credential outside the workplace.

(3) There is a reasonable basis to believe, based on an individual's criminal or dishonest history, that issuance of an access credential poses an unacceptable risk to the installation/mission.

(4) The individual has/had been barred from entry/access to a Federal installation or facility.

(5) The individual is wanted by Federal or civil law enforcement authorities, regardless of offense or violation.

(6) The individual has been incarcerated within the past ten years, regardless of offense/violation, unless released on proof of innocence.

(7) The individual has any conviction for espionage, sabotage, treason, terrorism, or murder.

(8) The individual’s name appears on any Federal or State agency’s watch list or hit list for criminal behavior or terrorist activity.

(9) The individual has been convicted of a firearms or explosive violation within the past ten years.

(10) The individual has been convicted of sexual assault, armed robbery, rape, child molestation, child pornography, trafficking in humans, drug possession with intent to sell or drug distribution, or is a registered sex offender.

(11) There is a reasonable basis to believe, based on the individual's material, intentional false statement, deception, or fraud in connection with Federal or contract employment, that issuance of an access credential poses an unacceptable risk to the installation/mission.

(12) There is a reasonable basis to believe, based on the nature or duration of the individual's alcohol abuse without evidence of substantial rehabilitation, that issuance of an access credential poses an unacceptable risk to the installation/mission.

(13) There is a reasonable basis to believe, based on the nature or duration of the individual's illegal use of narcotics, drugs, or other controlled substances without evidence of substantial rehabilitation, that issuance of an access credential poses an unacceptable risk to the installation/mission.

(14) A statutory or regulatory bar prevents the individual's contract employment; or would prevent Federal employment under circumstances that furnish a reasonable basis to believe that issuance of a access credential poses an unacceptable risk to the installation/mission.

(b) Additionally, Dyess AFB has the following policies regarding traffic safety:

(1) Seatbelts must be used at all time while vehicles are in motion

(2) Posted speed limits must not be exceeded

(3) Texas Traffic Laws

(4) Cell phones cannot be in driver's hands while vehicles are in motion, hands free devices may be used while driving

(5) Dyess AFB personnel will strictly enforce traffic laws with random checks. Those who violate the traffic laws on Dyess AFB are liable for fines and can have their base driving privileges restricted for the following time periods of time:

First Offense - 30 Days

Second Offense - 6 Months

Third Offense - 1 Year

Fourth Offense - Complete loss of driving privileges

NOTE: It is the Contractor's responsibility to ensure that their employees meets/adheres to the above requirements. No consideration (e.g. additional contract performance time) will be granted by the Government if the contractor or their employees do not meet the requirements as specified above.

(c) Appeal Process:

If a person is turned away due to their criminal background and they feel that it is in error, they can formally petition it with the 7 MSG commander. Personnel can submit a letter explaining the circumstances surrounding the incident, be sure to include their name, date of birth, social security number, driver's license number, and the state of issuance of the driver's license. Once that letter has been completed please bring the completed letter to the Visitor Control Center or email it to gloria.lira@us.af.mil .

H-6 MANDATORY SEAT BELT REQUIREMENT

The use of seatbelts by all vehicle operators and passengers is mandatory at Dyess AFB. Failure to wear seatbelts will adversely affect future performance assessment questionnaires. Also, contractor personnel will not ride in the bed of any truck while performing work on Dyess AFB.

H-7 CONSTRUCTION EQUIPMENT

Equipment and vehicles to be used on base shall be safe and in good operating condition. The Contracting Officer, or authorized representative, reserves the right to inspect any on-base equipment and reject such equipment if he/she considers it unsafe, in poor operating condition, or inappropriate for work. Contractor must notify the Contracting Officer of any contractor equipment that is broken down on Dyess AFB roads. Every effort should be made to move broken down equipment to the nearest parking lot before leaving it.

H-8 GOVERNMENT LIABILITY

The Government shall not be liable for any loss or damage to the contractor’s property, including stock, or for expense incidental to such loss or damage.

H-9 TELEPHONE COMMUNICATION SECURITY MONITORING

All communications with DOD organizations are subject to communications security (COMSEC) review. Contractor personnel will be aware telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. The DOD has authorized that military departments conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DOD organizations. Therefore, civilian contractor personnel are advised any time they place a call to, or receive a call from, a USAF organization, they are subject to COMSEC procedures. The contractor will assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees.

H-10 TASK ORDER PROCEDURES

(a) As the need exists for performance under the terms of this contract, the Contracting Officer or his/her representative will notify the contractor of an existing requirement, and FFP Task Orders will be awarded hereunder within the scope of the terms and conditions and specifications of this contract IAW FAR 16.505. The contractor shall submit a proposal IAW the Task Order SOW or specifications specified by the Contracting Officer in the individual Task Order RFP.

(b) Upon receipt of the contractors' proposals, the Government will evaluate the proposals for completeness and reasonableness utilizing the evaluation procedures outlined in the Task Order RFP. Task Order award will be made to the contractor providing the lowest price technically acceptable after price is determined to be fair and reasonable by the Contracting Officer.

H-11 ON/OFF RAMP PROCEDURES

(a) On-Ramp. The Government reserves the right to reopen competition at any time during the term of the contract. The Contracting Officer intends to periodically review the need for additional contractors during the contract Period of Performance (PoP). When an on-ramp is used, the Government will advertise the reopening of the competition on FedBizOpps, and awardees shall meet the criteria established in the initial MACC solicitation. The evaluation and selection of awardees for any on-ramp will be exactly the same as the evaluation and award criteria used for the initial basic contract awards. Any new awardees will compete with any existing or remaining MACC Contractors for all task orders (excluding the need to meet the minimum obligation amount). Any additions due to on-ramps will not increase the contract ceiling and the ordering period for new awardees will not exceed the overall maximum term of the original contract. The Government will not consider unsolicited requests for addition to either or both of the competition pools. The anticipated number of awards will be announced in the reopening announcement posted to FedBizOpps; however, the Contracting Officer has the discretion to award more or fewer contracts than the number anticipated in the solicitation depending upon the quality of the offers received.

(b) Off-Ramp. The Government reserves the right to utilize off-ramps when it is determined to be in the best interest of the Government; including, but not limited to, a contractor's lack of participation in competition for Task Orders, poor performance, change of ownership, etc. The Government may off-ramp a contractor by implementing either a termination for convenience, a termination for default, or taking any other action permitted by the contract terms and conditions. Failure to participate in good faith and/or unsatisfactory CPARS ratings on individual Task Orders may result in the contractor being off-ramped from the multiple award program.

(c) Restriction from Competition. Contractors may also be restricted from competition on individual Task Orders if, at the time of solicitation, they have a large quantity of Task Orders that are currently in-progress, are more than 5% behind schedule on any of their active Task Orders, or are exhibiting poor performance on any of their active Task Orders. Should these conditions be alleviated and/or change, the Contracting Officer may determine the contractor to be eligible for competition on subsequent Task Orders.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

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 the date determined by the Task Order . The time stated for completion shall include final cleanup of the premises.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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 determined by the individual Task Order 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)

CLAUSES INCORPORATED BY FULL TEXT

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 the date of award through 30 September 2020.

(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.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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 30 September 2020.

(End of clause)

52.219-11 SPECIAL 8(a) CONTRACT CONDITIONS (FEB 1990)

The Small Business Administration (SBA) agrees to the following:

(a) To furnish the supplies or services set forth in this contract according to the specifications and the terms and conditions hereof by subcontracting with an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(b) That in the event SBA does not award a subcontract for all or a part of the work hereunder, this contract may be terminated either in whole or in part without cost to either party.

(c) Except for novation agreements and advance payments, delegates to the 7th Contracting Squadron the responsibility for administering the subcontract to be awarded hereunder with complete authority to take any action on behalf of the Government under the terms and conditions of the subcontract; provided, however, that the 7th Contracting Squadron shall give advance notice to the SBA before it issues a final notice terminating the right of a subcontractor to proceed with further performance, either in whole or in part, under the subcontract for default or for the convenience of the Government.

(d) That payments to be made under any subcontract awarded under this contract will be made directly to the subcontractor by the 7th Contracting Squadron.

(e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the Contracting Officer cognizable under the "Disputes" clause of said subcontract.

(f) To notify the 7th Contracting Squadron Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(End of clause)

52.225-11 BUY AMERICAN--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

(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 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, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan or United Kingdom);

(2) A Free Trade Agreement 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 materials from which it was transformed.

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 materials from which it was transformed.

(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. Therefore, the Buy American restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

none

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) 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 restrictions of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

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

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

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

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including--

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

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

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

Foreign and Domestic Construction Materials Price Comparison

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

Item 1:

Foreign construction material

Domestic construction material

Item 2:

Foreign construction material

Domestic construction material

\1\ 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)

52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country 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 Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination 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 FAR clause 52.225-11 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 materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If…