HSFLGL-15-Q-00238_Am04.pdf

SF 30 Continuation Sheet HSFLGL-15-Q-00238, Amendment 000004

Clauses incorporated to RFQ with Amendment 04:

52.225-9 Buy American-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-

(3) 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

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

“Domestic construction material” means-

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements 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 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%202_1.html%23wp1145508 http://uscode.house.gov/

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:

______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.

(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.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2012_5.html%23wp1077123

(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).]

52.228-13 Alternative Payment Protections (July 2000)

(a) The Contractor shall submit one of the following payment protections:

Payment Bond or Irrevocable Letter of Credit

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within seven (7) days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

Clarifications on ATF Canopy Replacement

2nd Pre-Bid Site Visit 1000 hrs., June 18, 2015

Clarification #1:

Regarding the ADA compliant concrete handicap ramp (Statement of Work: Section 1.1, Paragraph E; Section 2.1, Paragraph F), the new concrete ramp shall have a minimum width of 6 feet 4 inches.

Clarification #2:

Regarding the new electric feed, conduit, and electric wiring referenced in the Statement of Work: Section 1.1, the following statement “Install two (2) new circuit breakers in existing breaker box located in Bldg. 790, to energize all components in accordance with IBC 2006. Electric components to be mounted to underside of Canopy and onto Canopy support columns, as necessary; and all electric components to be rated for outdoor use.”, is hereby revised as follows:

“Install two (2) new circuit breakers in existing breaker box located in the Range Control Tower, to energize all components in accordance with IBC 2006.

Electric components to be mounted to underside of Canopy and onto Canopy support columns, as necessary; and all electric components to be rated for outdoor use. Any new horizontal runs of wiring or conduit from the Range Control Tower to the Canopy Pad shall be buried. “

Photographs of the Range Control Tower and associated existing breaker box are attached. The Range Control Tower is located approximately 22 feet east of the Canopy.

Clarification #3:

Regarding the four (4) overhead ceiling fans referenced in the Statement of Work: Section 1.1, Paragraph M, the new ceiling fans shall each have a minimum diameter of 60 inches, a high flow rate exceeding 40,000 cubic feet per minute (cfm), operate on 110/120 volts, and have a four (4) speed fan controller.

Clarification #4:

Regarding the reference in Statement of Work Section 2.1, Paragraph C6, the requirements for LEED certification pertaining to the Canopy do not require the Contractor to achieve LEED certification. Rather, the Contractor shall install a LEED compliant Canopy and provide to the Government all necessary documentation, paperwork, etc., so that the Government may pursue LEED certification of the Canopy.

Clarification #5:

The Photograph Log provided as an attachment to the document entitled “Response to Pre-Bid Questions” contained incorrect references to compass directions (i.e., north, south, east, west). The Photograph Log has been corrected and is attached.

Attachments Clarification #3 Photographs Photograph Log (corrected)

ATF CANOPY

PHOTOGRAPH LOG

Photo #1 – Looking east at canopy.

Photo #2 – Looking north along west edge of canopy.

Photo #3 – Closeup of west side of canopy, front edge.

Photo #4 – Closeup of west side of canopy, rear edge adjacent to modular building.

Photo #5 – Looking west at canopy.

Photo #6 – Looking west at east side of canopy.

Photo #7 – Looking north along east side of canopy.

Photo #8 – View of sink to remain operational.

Photo #9 – View of ice maker to remain operational.

Note power supply on canopy pole to be demolished.

Photo #10 - View of overhead wire to be replaced with direct bury cable. Arrow #1 pointing to wire, Arrow #2 pointing to origin, and Arrow #3 pointing to terminus.

#1 #3

#2

Photo #11 – View of Bldg. 790 located to rear and north of Canopy. Arrow pointing to pole containing overhead wire to be directly buried.

Photo #12 – View of west side of Bldg. 790, with west side of

Canopy visible in the background.

Photo #13 – View of grass yard located west of Canopy. Arrow pointing to terminus of overhead wire to be directly buried. Concrete wedge functioning as existing handicap ramp to Canopy visible on left side of photograph.

Concrete wedge