FA8101-08-R-0024.doc

Section B - Supplies or Services and Prices

BID NOTES

1. Contract Type: A Firm-Fixed Price (FFP) Indefinite Delivery/Indefinite Quantity (IDIQ) Contract will result from this solicitation. Funds will be obligated by delivery order issuance. Minimum guaranteed amount of $50,000.00 is for the Basic Year only and will be obligated by delivery order issuance along with the basic contract. There are no minimum guaranteed amounts for the option years.

2. Pricing Information: Each Offeror shall complete all estimated unit prices and estimated extended price (Max Amount), in Schedule B on the Excel Spreadsheet located in Attachment 5 of this solicitation. Technical Specifications will also be attached to this Solicitation.

3. Note to Offerors: Offerors are hereby advised that the minimum quantity for this effort for all CLINS is zero; however, a minimum guaranteed seed project has been determined to be at least $50,000. This will be awarded to the successful offeror simultaneously with the basic award. The maximum estimated quantity is as depicted per subCLIN in Attachment 5. In completing the offer, the Max Est Quantity times the unit price equals Extended Price for each SubCLIN of Attachment 5. The total Extended Price for each subContract Line Item Number (subCLIN) shall be added together for the Basic Period and each Option Period to arrive at the total estimate contract price for each period. The total for each period shall be entered on Schedule B, pages 5 through 7, of the solicitation. For example, the extended prices for subCLINS 0001AA-0001LW shall be cumulated and the total brought forward to page 5, CLIN 0001. *NOTE: Attachment 5 subCLINs containing “N/A” in the Max Est Qty do not require pricing by the offeror.* The values entered on Page 5 through 7 will be used in determining the lowest offer. Offerors are cautioned against submitting an offer that contains unbalanced pricing. Offers that are determined to be unbalanced may be rejected if the contracting officer determines that the lack of balance poses an unacceptable risk to the Government. The magnitude of construction for all line items for each contract period is more than $10 million, however, the Government does not anticipate that the total of awarded projects during each contract period to exceed $5 million.

4. CLIN Structure: Each subCLIN will be included into the award document of the ID/IQ contract as an individual subCLIN. At the time of issuance of each delivery order, the appropriate subCLINs will be pulled from the basic award and put into the delivery order. The successful offeror of the IDIQ contract will be asked to submit a proposal for each project including the appropriate subCLINs.

5. Costs: All costs to be incurred by the Contractor, to include mobilization, demobilization, overhead, and profit, shall be included in the unit price proposal.

6. Unit Pricing: Unit pricing shall be entered for all subCLINs. The Government reserves the right to make an award on any or all subCLINs of any proposal. Award of the contract will be made to only one contractor. The contractor shall not make any constructive changes that will, in any way, change the design or specifications without prior written approval of the Contracting Officer.

7. Non Pre-Priced Items: Items of work not included as a line item in Schedule B hereof, but within the scope of the general intent of the contract, may be negotiated by the Contracting Officer, and added at any time during the contract term. Non Pre-Priced Items (NPIs) of work shall be incorporated into and made a part of the resultant delivery order and shall be performed at the negotiated amount. NPIs shall be identified separately in each proposal and all costs to be incurred by the Contractor shall be included in the NPI unit price proposal, including, but not limited to, profit and overhead. NPI’s are limited to 10% of the total cost of each delivery order. Pricing for NPI’s will be submitted with each delivery order proposal on a Construction Cost Estimate Breakdown, AF Form 3052 (Attachment 2).

8. Magnitude of Construction: In accordance with FAR 36.204, Disclosure of the Magnitude of Construction, the estimated magnitude of construction for this solicitation is more than $10,000,000.00.

9. Notice to Offerors: The Government reserves the right to cancel this solicitation, either before or after the closing date.

10. Contract Performance Period: This is an IDIQ Contract for Roofing. This contract is effective for one year starting from the date of award. This contract also provides for four (4) Option Periods to be exercised at the discretion of the Government and, if exercised, shall be for one year each.

11. Technical Specifications and Drawings: The Technical Specifications, as referenced in Section J as an attachment to this Solicitation, have been prepared by Civil Engineering. Any and all questions regarding these specs must be submitted in writing to the Contracting Officer identified. Any information obtained outside this procedure and acted upon may cause the resultant offer to be non-responsible. Any and all questions received from industry will be responded to by amendment to the solicitation. Issuance of the amendment will incorporate all the terms and conditions into a resultant award.

The annually revised Technical Specification 00700, 00710, and 00720, dated 01/08, are hereby incorporated into this solicitation. In the event that option years are exercised, Technical Specification 00700, 00710, 00720 will be incorporated into the ID/IQ contract per modification. All existing proposals and Delivery Orders already in progress will continue through project completion based on the previously incorporated 00700, 00710, and 00720 Technical Specifications of each Delivery Order. Contractor should reference Delivery Order specific Section J for applicable specifications.

12. Responsive Requirements of Individual Delivery Orders: Performance period shall be negotiated for each delivery order. In addition, the following information will apply to each delivery order:

a. Site Visit: Upon receipt of written or verbal notification from the Government of a pending project requirement, the Contractor shall meet with the Contracting Officer at the convenience of the Government at the prescribed job site and designated time. Maximum response time shall be two (2) working days.

The Contractor acknowledges that steps have been taken that are reasonably necessary to ascertain the nature and location of the work, and that he has investigated and satisfied himself as to the general and local conditions which can affect the work or its cost.

b. Response, Cost, and Construction Proposal Submission: Proposals shall be delivered to the Contracting Specialist at the following response times:

· Routine proposals shall be delivered to the Contracting Officer no later than 10 working days after the site visit.

· Urgent proposals shall be submitted within three (3) working days after the site visit.

· Emergency proposals shall be submitted within 24 hours after the site visit.

The Government will determine classification of projects as routine, urgent, or emergency. This will be identified in the project solicitation.

13. Amendment Acknowledgment: It is the offeror’s responsibility to be aware of amendments, as made available. Acknowledgement of amendments is required by the offeror in accordance with the instructions provided in Block 11 of SF 30, Amendment of Solicitation. Failure to acknowledge amendments may render offeror ineligible for award.

14. Wage Determinations: Wage determinations will be sited in each individual Delivery Order. The most common Wage Determination is construction type: Building. If another wage determination is required for a project, the type will be identified at the project solicitation level.

15. Multiple Delivery Order Expectations: Upon award of the basic contract, the awardee may be solicited multiple delivery orders. The awardee should expect to work multiple delivery orders at any given time throughout the life of the contract.

16. Submittals: All submittals must be provided to 72CONS within 10 calendar days of notice of award for each delivery order. Submittals will be IAW AF66 and AF3000 per Section 01300 of the attached technical specifications.

17. Representations and Certifications: If already registered in ORCA, the offeror is not required to fill out the representations and certifications that are within ORCA; however, section K clauses in the RFP not included in offeror’s ORCA registration must be filled out within the solicitation.

All questions that need to be raised shall be submitted to Jeremy Messer via email: jeremy.messer@tinker.af.mil. Please ensure that any questions reach Mr. Messer, 10 days prior to the solicitation closing date.

BASIC YEAR - ROOFING IDIQ

FFP

The total extended price for each subCLIN per period (Attachment 5) shall be added together to arrive at the total estimate contract price for each period

FOB: Destination

NSN: Z159-08-ROO-IDIQ

SIGNAL CODE: A

MAX

NET AMT

FFP

The total extended price for each subCLIN per period (Attachment 5) shall be added together to arrive at the total estimate contract price for each period

FOB: Destination

MAX

FFP

The total extended price for each subCLIN per period (Attachment 5) shall be added together to arrive at the total estimate contract price for each period

FOB: Destination

MAX

FFP

The total extended price for each subCLIN per period (Attachment 5) shall be added together to arrive at the total estimate contract price for each period

FOB: Destination

MAX

FFP

The total extended price for each subCLIN per period (Attachment 5) shall be added together to arrive at the total estimate contract price for each period

FOB: Destination

MAX

CLAUSES INCORPORATED BY REFERENCE

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

JEREMY MESSER

JEREMY MESSER/405-739-2829

7858 5TH ST STE 1

TINKER AFB OK 73145-9125

405-739-2829

FOB: Destination

FA8101

FA8101

FA8101

FA8101

FA8101

CLAUSES INCORPORATED BY FULL TEXT

TAFB 100-17. “TRUCK ENTRY GATE” NOTICE

IMPORTANT DELIVERY INFORMATION

Tinker Air Force Base has constructed a “Truck Entry Gate” (Gate 33), which is located at the corner of 59th Street and Air Depot Blvd (southwest corner of the base). The gate will be opened beginning 15 September 2004.

Gate 33 shall be used for all deliveries by truck to this base.

(Trucks will not be allowed to gain access through any other gate.)

Since your firm’s delivery on this order is affected, please advise your delivery carrier to use the new gate. This should minimize the impact of your delivery.

DELIVERIES TO BUILDING 3001 (B / 3001)

Be advised that delivery vehicles destined for B / 3001 are prohibited from using “Staff Drive”.

Delivery vehicles may make deliveries only in designated unloading areas.

Since your firm’s delivery may be affected, ensure that your delivery carrier receives proper instructions on delivery / unloading requirements for B / 3001. Unloading in designated unloading areas will minimize any inconvenience, and, attendant ramifications, which may accrue, to your delivery / delivery carrier for failure to adhere to this requirement.

Section H - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

TAFB 100-19. WAWF DODAAC AND EMAIL DISTRIBUTION TABLE (Construction)

THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR INVOICES AND ADDITIONAL EMAILS CORRECTLY THROUGH WAWF.

Invoice Type:

Construction Payment Invoice *Contract Number:

SEE BLOCK 4

*Delivery Order:

*Issue Date:

SEE BLOCK 31C

*Issue DODAAC:

FA8101

*Admin DODAAC:

FA8101

*Inspected By DODAAC/Ext:

F3Y0BT

*Service Acceptor/Ext:

F3Y0BT

LPO DODAAC/Ext:

*Pay DODAAC:

F03000

ADDITIONAL EMAIL NOTIFICATIONS:

1. Project Contract Specialist

2. Project Contracting Officer

3.

4.

5.

6.

Payments may be expedited electronically via the Internet through the Wide Area Work Flow (WAWF) system.

WAWF may be accessed online at https://wawf.eb.mil.

WAWF Training may be accessed online at http://www.wawftraining.com.

Payment information may be accessed using the DFAS website at https://www.dfas.mil. Your purchase order/contract number or invoice will be required to inquire status of your payment.

CLAUSES INCORPORATED BY FULL TEXT

TAFB 500-11 Contractor ID Badge Requirements

Contractors working on Tinker AFB shall comply with all procedures outlined in TAFBI 31-101, AFI 10-245 and TAFBP 31-101. OF SPECIAL NOTE, in accordance with TAFBI 31-101 para 5.3, all contractors/contractor personnel will be assessed a charge of $50.00 for each badge lost, willfully damaged, or not surrendered to Pass and Registration. No charge will be made on a replacement required due to normal wear. Personnel will report to Accounting and Finance, Accounts Receivable Unit and a DD Form 1131, Cash Collection Voucher, will be prepared and presented to Pass and Registration prior to issuing a replacement identification. Identification will be surrendered to Security Forces personnel upon demand for the purpose of identification, investigation, abuse, misuse, or for any other reason necessary. Civilian and military retirees who conduct commercial business on base must obtain a badge through their place of employment. ALSO OF SPECIAL NOTE, in accordance with TAFBI 31-101 para 7, all contractors/contractor personnel shall be subject to background checks as deemed necessary.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

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 completion date of the Period of Performance cited on each individual delivery order. * 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 normal liquidated damages to the Government in the amount of $176.00 for each calendar day of delay until the work is completed or accepted. Liquidated damages, if applicable, will be addressed at the project level and 52.211-12 will be inlcuded in the delivery order. Specific projects may require a different daily amount in liquidated damages.

(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)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed price Indefinite Delivery Indefinite Quantity (IDIQ) contract resulting from this solicitation.

(End of provision)

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through one year. If applicable, any option(s) that are exercised will extend the contract ordering period by one year each

(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)

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $5,000,000.00;

(2) Any order for a combination of items in excess of $10,000,000.00: or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

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 completion of the last delivery order.

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of clause)

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for--

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

52.219-17 SECTION 8(a) AWARD (DEC 1996)

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

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

(2) Except for novation agreements and advance payments, delegates to the 72CONS/PKBA the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.

(4) To notify the 72CONS/PKBA 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.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the “Disputes” clause of the subcontract.

The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.

(c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant Contracting Officer of the 72CONS/PKBA.

52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS (JUN 2003)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer--

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(2) The Apparent Successful 8(a) Certified Contractor will notify the 72 CONS/PKBA Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(End of clause)

52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS (JUN 2003)--ALTERNATE I (APR 2005)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer--

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(3) The offeror's approved business plan is on the file and serviced by SBA 8(a) Region Office 4300 Amon Carter Boulevard Suite 108, Fort Worth, TX 76155 (817) 684-5581 .

(b) By submission of its offer, the Offeror certifies that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(2) The Apparent Successful 8(a) Certified Contractor will notify the 72CONS/PKBA Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(End of clause)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUNE 2007)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

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

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 238160- assigned to contract number TBD.

(Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (JUL 2005)

(a) Overtime requirements. No Contractor or subcontractor employing laborers or mechanics (see Federal Acquisition Regulation 22.300) shall require or permit them to work over 40 hours in any workweek unless they are paid at least 1 and 1/2 times the basic rate of pay for each hour worked over 40 hours.

(b) Violation; liability for unpaid wages; liquidated damages. The responsible Contractor and subcontractor are liable for unpaid wages if they violate the terms in paragraph (a) of this clause. In addition, the Contractor and subcontractor are liable for liquidated damages payable to the Government. The Contracting Officer will assess liquidated damages at the rate of $10 per affected employee for each calendar day on which the employer required or permitted the employee to work in excess of the standard workweek of 40 hours without paying overtime wages required by the Contract Work Hours and Safety Standards Act.

(c) Withholding for unpaid wages and liquidated damages. The Contracting Officer will withhold from payments due under the contract sufficient funds required to satisfy any Contractor or subcontractor liabilities for unpaid wages and liquidated damages. If amounts withheld under the contract are insufficient to satisfy Contractor or subcontractor liabilities, the Contracting Officer will withhold payments from other Federal or Federally assisted contracts held by the same Contractor that are subject to the Contract Work Hours and Safety Standards Act.

(d) Payrolls and basic records.

(1) The Contractor and its subcontractors shall maintain payrolls and basic payroll records for all laborers and mechanics working on the contract during the contract and shall make them available to the Government until 3 years after contract completion. The records shall contain the name and address of each employee, social security number, labor classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records need not duplicate those required for construction work by Department of Labor regulations at 29 CFR 5.5(a)(3) implementing the Davis-Bacon Act.

(2) The Contractor and its subcontractors shall allow authorized representatives of the Contracting Officer or the Department of Labor to inspect, copy, or transcribe records maintained under paragraph (d)(1) of this clause. The Contractor or subcontractor also shall allow authorized representatives of the Contracting Officer or Department of Labor to interview employees in the workplace during working hours.

(e) Subcontracts. The Contractor shall insert the provisions set forth in paragraphs (a) through (d) of this clause in subcontracts that may require or involve the employment of laborers and mechanics and require subcontractors to include these provisions in any such lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in paragraphs (a) through (d) of this clause.

(End of clause)

52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED PRODUCTS (AUG 2000)

(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 used in contract performance, including, if applicable, the percentage of postconsumer material content; and

(2) Submit this estimate to 72CONS/PKBA Contracting Officer.

(End of clause)

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (JAN 2005)

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

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; or

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

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. 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)

52.225-11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (AUG 2007)

(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.

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,…