MACC IV Solicitation Amendment FA820121R00010004 SF 30.pdf

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11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBE

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

The purpose of this amendment is to remove clause 52.225-11 and replace it with clause Block 14 (Description of Amendment/Modification):

52.225-11 DEVIATION, extend the proposal due date from 4 Feb 2021 to 8 Feb 2021 and incorporate updated and new documents listed below:

Updated:

Attachment 02 - MACC IV Section L Reb 03 - 22 Jan 2021 Attachment 03 - MACC IV Section M Rev 03 - 22 Jan 2021 Attachment 05 - MACC IV Sample Project SOW Rev 03 - 22 Jan 2021

New:

Attachment 47 - SP SOW Appendix 22 B2113 Transformer Data - 25 Ju 2013 Attachment 48 - Appendix 02D B2113 Additional Photos Part 4 - 20210111

Section A - Solicitation/Contract Form

The following changes have been made:

INFORMATION FROM TO

Response Due Date 04 Feb 2021 08 Feb 2021

Section I - Contract Clauses

Additional Information/Notes

The following clauses were added:

FAR Clauses Incorporated by Full Text

52.225-11 Deviation 2020-O0019 - Buy American Construction Materials Under Trade Agreements.

(DEVIATION 2020-O0019) Oct 2019

52.225-11 Buy American Construction Materials Under Trade Agreements. (DEVIATION 2020-O0019)

As prescribed in 25.1102(c), insert the following clause:

BUY AMERICAN CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (DEVIATION 2020-O0019) (JUL 2020)

(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

FA820121R00010004

(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 wth 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, Australia, 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, 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, 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.

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:

(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)<font size="2">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).<font size="2">1

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)

The following clauses were deleted:

FAR Clauses Incorporated by Full Text

52.225-11 - Buy American-Construction Materials under Trade Agreements. Oct 2019

As prescribed in , insert the following clause:25.1102(c)

BUY AMERICAN-CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT 2019)

. As used in this clause-(a) Definitions means a construction material that-Caribbean Basin country construction material

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

In the case of a construction material that consists in whole or in part of materials from another country, has been substantially (2) 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

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

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

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

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

Does not include bulk cargo, as defined in 46 U.S.C.40102(4), such as agricultural products and petroleum products.(2) means an article, material, or supply incorporated directly into a construction material.Component means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation Construction material 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.

means-Cost of components

For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the (1) 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

For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation (2) 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.

means any of the following countries:Designated country

A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, (1) 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, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, (2) Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African (3) 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

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

means-Domestic construction material

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

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

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

The construction material is a COTS item.(ii)

"Foreign construction material" means a construction material other than a domestic construction material.

means a construction material that-Free Trade Agreement country construction material

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

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

means a construction material that-Least developed country construction material

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

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

means the 50 States, the District of Columbia, and outlying areas.United States means a construction material that-WTO GPA country construction material

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

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

Construction materials. (b) This clause implements 41 U.S.C.chapter 83, by providing a preference for domestic construction material. In (1) 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.

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

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

[ ]Contracting Officer to list applicable excepted materials or indicate "none"

The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government (4) determines that-

The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to (i) 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;

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

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

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

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

Unit of measure;(B)

Quantity;(C)

Price;(D)

Time of delivery or availability;(E)

Location of the construction project;(F)

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

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

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

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

Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably (iv) 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.

If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and (2) 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.

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

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

Foreign and Domestic Construction Materials Price Comparison

Construction MaterialDescription Unit of Measure Quantity Price (Dollars)*

:Item1

Foreign construction material ____ ____ ____

Domestic construction material ____ ____ ____

:Item2

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)

Section J - List of Attachments

The following attachments were added:

Attachment 47 - SP SOW Appendix 22 B2113 Transformer Data - 25 Jun 2013 Attachment 02 - MACC IV Section L Rev 03 - 22 Jan 2021 Attachment 48 - SP SOW Appendix 02D B2113 Photos 20210111 Attachment 45 - SP SOW Appendix 02B B2113 Additional Photos Part 2 - 20201221 Attachment 03 - MACC IV Section M Rev 03 - 22 Jan 2021 Attachment 05 - MACC IV Sample Project SOW Rev 03 - 22 Jan 2021

The following attachments were deleted:

Attachment 05 - MACC IV Sample Project SOW Rev 02 - 17 Dec 2020 Attachment 03 - MACC IV Section M Rev 02 - 3 Jan 2021 Attachment 02 - MACC IV Section L Rev 02 - 13 Jan 2021

6038 ASPEN AVE

CP 810 586 7555

HILL AFB, UT 84056-5805

UNITED STATES

JOSEPH LAING, Email: joseph.laing@us.af.mil Telephone: 801-777-8779

Email: emily.mccollaum.2@us.af.mil Telephone: 586-0647