Attachment_15_Over_and_Above_Work.pdf

OVER AND ABOVE (O&A) WORK

1.1 General.

The Contractor shall be responsible for identifying to the Contracting Officer, work that is over and above the basic operation and maintenance requirements but within the general scope of the contract. The Government may also identify and direct work that is over and above the basic operation and maintenance requirements but within the general scope of the contract. Over and above work covers a broad range of non-recurring services; however, the Contractor shall follow the procedures herein, which are peculiar to either –

(1) O&A Work – Construction, Alteration, or Repair (Real Property); or

(2) O&A Work – Facility Maintenance

1.2 Definitions. As used in this Contract –

“Over and above work” means work discovered during the course of performing routine daily operation and maintenance and is categorized as one of the following:

(1) Over and Above (O&A) Work – Construction, Alteration, or Repair (Real Property) means work that is –

(i) Within the general scope of the contract;

(ii) Not covered by the firm-fixed-price contract line items for the basic operation and maintenance work under the Contract;

(iii) Necessary in order to satisfactorily complete the contract;

(iv) Construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property as defined in FAR Part 2.1 and FAR Part 22.401;

(v) A substantial and segregable amount of construction, alteration, or repair work; and

(A) “Substantial” relates to the type and quantity of construction work to be performed and not merely to the total value of construction work (whether in absolute dollars or cost percentages) as compared to the total value of the contract;

(B) “Segregable” means that the construction work is physically or functionally separate from, and as a practical matter is capable of being performed on a segregated basis from, the other work called for by the contract;

(vi) The aggregate dollar value of such construction work exceeds or is expected to exceed $2,000 [the use of 40 USC, Chapter 31, Subchapter IV, Construction Wage Rate Requirements prevailing wage rates apply].

(2) Over and Above (O&A) Work – Facility Maintenance means work that is –

(i) Within the general scope of the contract;

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(ii) Not covered by the Firm-Fixed-Price (FFP) contract line items for the basic Operation and Maintenance (O&M) work under the Contract;

(iii) Necessary in order to satisfactorily complete the contract;

(iv) Other than construction, alteration, or repair of real property;

(v) The principal purpose of which is to furnish services through the use of service employees; and

(vi) The aggregate dollar value of such services work exceeds or is expected to exceed $2,500 [the use of Service Contract Act (SCA) prevailing wage rates apply].

1.3 Procedures.

(a) Over and above requirements identified by the contractor will be the primary basis for O&A work;

however, the Government may also identify and direct O&A requirements other than that which is identified by the contractor. Unless otherwise negotiated, the Government has the unilateral right to –

(1) Perform O&A work in-house; or

(2) Award O&A work to the contractor; or

(3) Award O&A work to a third-party contractor.

(b) When acquiring O&A work, the Contracting Officer will establish a separate Contract Line Item Number (CLIN) for each individual project or requirement. All O&A projects will be awarded and administered as supplemental agreements. A contract modification (SF-30) will be executed to definitize each O&A project. The determination of labor standards (SCA or 40 USC, Chapter 31, Subchapter IV, Construction Wage Rate Requirements) shall be made at the time the O&A work is submitted to the Contracting Officer. The SF-30 shall identify the labor standards law and contract wage determination which will apply to the work required.

(1) The dollar limitation for each O&A requirement under the contract shall not exceed $4.5M, unless the requirement is for “Life, Health, and Safety” purposes;

(i) A “Life, Health, and Safety” requirement means O&A work which will correct conditions that threaten the safety, health, and welfare of human life.

(2) The dollar limitation for “Life, Health, and Safety” requirements under the contract shall not exceed $5M;

(c) Over and above requirements task the contractor to identify the needed work and upon request by the Contracting Officer, recommend corrective action during contract performance. The contractor submits a work request (Air Force Form 332) in order to identify the O&A work and, as appropriate, the Contracting Officer authorizes the contractor to proceed.

(d) The Contractor and Contracting Officer shall mutually agree to specific procedures for Government administration and Contractor performance of O&A work requests. If the parties cannot agree upon the

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4/3/2017 2 procedures, the Contracting Officer has the unilateral right to direct the O&A work procedures to be followed. These procedures shall, as a minimum, cover –

(1) The format, content, and submission of work requests by the Contractor. Work requests shall contain data on the type of discrepancy disclosed, the specific location of the discrepancy, and the estimated labor hours and material required to correct the discrepancy. Data shall be sufficient to satisfy contract requirements and obtain the authorization of the Contracting Officer to perform the proposed work; however, proposals shall not be submitted until specifically requested by the Contracting Officer;

(2) Government review, verification, and authorization of the work; and

(3) Proposal pricing, submission, negotiation, and definitization.

(e) Upon discovery of the need for over and above work, the Contractor shall prepare and furnish to the Government a work request via AF Form 332 in accordance with the agreed-to procedures.

(f) The Government will—

(1) Promptly review the work request;

(2) Verify the proposed work is required and not covered under the basic contract line item(s);

(3) Verify the proposed corrective action is appropriate; and

(4) Authorize over and above work as necessary.

(g) Upon request from the Contracting Officer, the Contractor shall submit a proposal for the over and above work. The Government and Contractor will then negotiate a settlement for the over and above work. Contract modifications will be executed to definitize all over and above work.

(h) Failure to agree on the price of over and above work shall be a dispute within the meaning of the Disputes clause of this contract.

(i) Over and above work requests are within the scope of the contract. Therefore, procedures in DFARS Subpart 217.74, Undefinitized Contractual Actions, do not apply.

(j) To the maximum extent practicable, over and above work shall be negotiated prior to performance of the work.

(k) The Government reserves the right to solicit third-party contractors to fulfill O&A work.

1.4 Clauses.

In addition to the contract clauses identified in Section I of this contract, the following clauses may also be applicable:

(a) For the acquisition of O&A Work – Facility Maintenance, all clauses identified in Section I of the Contract are applicable.

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(b) For the acquisition of O&A Work – Construction, Alteration, or Repair (Real Property), the following clauses, if applicable, will be identified on each individual contract modification:

CLAUSES INCORPORATED BY REFERENCE

52.211-13 Time Extensions SEP 2000 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 52.222-16 Approval of Wage Rates MAY 2014 52.222-27 Affirmative Action Compliance Requirements for Construction APR 2015 52.222-32 Construction Wage Rate Requirements—Price Adjustment

(Actual Method) MAY 2014 52.232-5 Payment under Fixed Price Construction Contracts MAY 2014 52.232-27 Prompt Payment for Contruction Contracts JAN 2017 52.236-1 Performance of Work by the Contractor APR 1984 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, APR 1984 Utilities and Improvements 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 Alt I Accident Prevention (Nov 1991) – Alternate I NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Quantity Surveys APR 1984 52.236-17 Layout of Work APR 1984 52.236-19 Organization and Direction of the Work APR 1984 52.236-21 Alt I Specifications and Drawings for Construction (Apr 1984) – FEB 1997 Alternate I 52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.246-12 Inspection of Construction AUG 1996 52.249-2 Alt 1 Termination for Convenience of the Government (Fixed-Price)

(Sep 1996) - Alternate 1 APR 2012 52.249-10 Default (Fixed-Price Construction) APR 1984

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252.227-7033 Rights in Shop Drawings APR 1966 252.236-7000 Modification Proposals--Price Breakdown DEC 1991 252.236-7001 Contract Drawings and Specifications AUG 2000

CLAUSES INCORPORATED BY FULL TEXT

52.225-9 BUY AMERICAN ACT--CONSTRUCTION MATERIALS (MAY 2014)

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

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

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

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

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

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

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

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

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

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

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

(2) A construction material manufactured in the United States, if—

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(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: ______ [Contracting Officer to list applicable excepted materials or indicate “none”]

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

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

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

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

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) * Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material

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

[Include other applicable supporting information.]

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

(End of Clause)

52.225-11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENTS (OCT 2016)

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

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“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, Moldova, Montenegro, Netherlands, Section J, Attachment 15

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New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, 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.

“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.

“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

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(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 12.50-5(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:____________________ [Contracting Officer to list applicable excepted materials or indicate “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--

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(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) * Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material

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

[Include other applicable supporting information. ]

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

(End of clause)

52.225-12 NOTICE OF BUY AMERICAN ACT 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 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, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country 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 FAR clause 52.225-11 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 FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested--

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(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)

52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by . . . . . . . . . [insert a description of investigational methods used, such as surveys, auger borings, core borings, test pits, probings, test tunnels].

(b) Weather conditions . . . . . . . . . (insert a summary of weather records and warnings).

(c) Transportation facilities . . . . . . . . . (insert a summary of transportation facilities providing access from the site, including information about their availability and limitations.

(d) . . . . . . . . . . (insert other pertinent information).

(End of Clause)

1.5 APPROVAL OF CONTRACTOR ACQUIRED PARTS (CLIN XX11)

(a) Contractor acquired supplies or equipment in support of this contract shall require prior approval by the Contracting Officer (except for supplies/material related to PWS 3.1.12.3, which is included in the FFP of the O&M CLINs). Prior approval is required for items with a unit price of $3,000 or more and/or total local purchase value of $3,000 or more. Contractor Acquired Parts (CAP) shall be obtained in accordance with the PWS. Contractor Acquired Parts and/or material in support of Direct Scheduled Work (DSW) shall be acquired in accordance with PWS 3.1.12.4. Prior to the conclusion of each performance period, the Government will process a contract modification to finalize the estimated amount of this CLIN and de-obligate any unused funds.

(b) The Contractor shall request a Contracting Officer’s Prior Approval (COPA) number for all DSW related CAP/Material over $3,000.

(c) The COPA shall be obtained from a 766 SCONS Contracting Officer, prior to performance under CLIN XX11 and the COPA number shall be annotated on the contractors invoice/voucher when billing against this CLIN.

(d) CAP, subcontracted parts, materials, equipment, and subcontracted maintenance of Government-furnished equipment that are determined to be direct materials, and miscellaneous services, shall be paid to the Contractor upon approval by the Contracting Officer.

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1.6 CONTRACTOR ACQUIRED LABOR/TRANSPORTATION (CLIN XX14)

1.6.1 Labor

(a) Any additonal labor (overtime or hiring of personnel), other than labor related to PWS 3.1.12.3 which is included in the FFP of the O&M CLINs, toward DSW IAW PWS 3.1.12.4, shall require a COPA number in order to bill against CLIN XX14. Any overtime, hiring of personnel, or other labor requested shall be justified by the contractor and, if agreed to by the CO under the COPA process described herein as necessary and in excess of the available labor provided upon satisfying PWS 3.1.12.3, shall be billed against CLIN XX14. Approval will only be made for labor within the general scope of the contract, not covered elsewhere in the basic operations and maintenance of the contract, and shall be approved in advance by a COPA number. Prior to the conclusion of each performance period, the Government will process a contract modification to finalize the estimated quantity of the respective labor and de-obligate any unused funds.

(b) The Contractor shall request a COPA number for:

All DSW IAW 3.1.12.4 requiring Labor to be billed under CLIN XX14.

(c) The COPA shall be obtained from a 766 SCONS Contracting Officer, prior to performance under CLIN XX14. The contractor shall ensure that the COPA number is annotated on the invoice/voucher when billing against CLIN, XX14. Any invoice submitted against CLIN XX14 without a COPA number will be rejected.

(d) The Contractor shall follow the procedures herein and as directed in accordance with PWS, Section 3.1.12.4, which are peculiar to either –

(1) Labor when directed by the Contracting Officer shall be in accordance with the Service Contract Act or Collective Bargaining Agreement, whichever is applicable.

(2) Labor reimbursed under CLIN XX14 shall be for the hiring of additional personnel or for paying overtime to accomplish DSW that alters RP/RPIE, if approved through a COPA.

(3) Any effort for DSW that is performed during the typical duty day will not be reimbursed through CLIN XX14 as it is already being paid under the FFP effort of the contract.

(4) The estimated quantity of approved hours may be unilaterally increased or decreased by the Government as it deems necessary.

1.6.2 Travel

(a) All travel expenses shall be covered under CLIN XX14 of the contract (except for travel/transportation related to PWS 3.1.12.3, which is included in the FFP of the O&M CLINs).

Reimbursement will only be made for travel within the general scope of the contract, not covered elsewhere in the basic work of the contract, and shall be approved in advance by the Contracting Officer (COPA number). Contractor Acquired Transportation for CAP purchases for DSW projects shall be acquired in accordance with PWS 3.1.12.4 (Column #2 of Table 1-1 Work Classification). The aggregate amount under CLIN XX14 for Contractor Acquired Labor/Transportation shall not exceed $1M per year

Section J, Attachment 15

4/3/2017 14 toward DSW. Prior to the conclusion of each performance period, the Government will process a contract modification to finalize the estimated amount of this CLIN and de-obligate any unused funds.

(b) The Contractor shall request a Contracting Officer’s Prior Approval (COPA) number for:

All DSW IAW 3.1.12.4 that is related to Transportation of Personnel under CLIN XX14.

(c) The COPA shall be obtained from a 766 SCONS Contracting Officer, prior to performance under CLIN XX14 and the COPA number shall be annotated on the contractors invoice/voucher when billing against this CLIN. Any invoice submitted against CLIN XX14 without a COPA number will be rejected.

(d) The Contractor shall follow the procedures herein and as directed in accordance with PWS, Section 3.1.12.4, which are peculiar to either –

(1) Transportation when directed by the Contracting Officer, when Government-furnished transportation is not available. The Contractor shall provide the Contracting Officer with a proposal to perform the travel through commercial sources. The Contractor shall not include Overhead or Profit when submitting a proposal for transportation. Per Diem shall be IAW the Joint Travel Regulation.

(2) Transportation for Contractor acquired O&M Material, when directed by the Contracting Officer, when Government furnished transportation for Contractor Acquired Parts is not available.

(e) Air Transportation: Air transportation arrangements shall normally be made through the Contractor's corporate travel office. All ticketing will be at the least expensive mode of transportation available unless otherwise approved by the Contracting Officer. However, the Government reserves the right to provide government/military air transportation or commercially contracted air transportation when it is advantageous to the Government.

(f) Auto Rental: Automobile rental will be approved on a case by case basis. Requests for automobile rental shall be justified and approved in advance by the Contracting Officer. Contractor personnel will not be reimbursed for daily travel to work from his domicile or in and around the assigned location.

(g) Per Diem: While a contractor employee is in a government authorized travel status, the Contractor will be reimbursed a per diem allowance for subsistence and lodging in accordance with the DOD JTR.

Per Diem payments shall be made after receipt of supporting documentation and shall not exceed amounts allowable under the JTR.

(h) Clearances: Travel and clearances to the sites will be obtained through the supported agency prior to individual travel. When required, the Government will request the local Special Security Office (SSO) to forward Sensitive Compartmented Information (SCI) clearances to the SSO of the destination. It is the traveler’s responsibility to confirm this transfer has taken place prior to departure.

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