IFB_70Z08826B0000384_MAINTENANCE DREDGING AT USCG STATION CAPE DISAPPOINTMENT.pdf

IFB 70Z08826B0000384

MAINTENANCE DREDGING AT THE U.S. COAST GUARD (USCG), STATION CAPE DISAPPOINTMENT, ILWACO, WA.

U.S. COAST GUARD (USCG)

INVITATION FOR BID (IFB)

FOR

FY26 MAINTENANCE DREDGING

AT

STATION CAPE DISAPPOINTMENT, ILWACO,

WA

TABLE OF CONTENTS

Introduction & Required Submittal Documents……………………………………. 3

Electronic Bid Submittal Instructions……………………………………………….. 4

Ombudsman Notice…………………………………………………………………… 7

Section A – Form SF1142, to be submitted with Appendix A1-Breakdown……….. 8

Section B – Schedule of Prices, to be submitted……………………………...……

Section C – Specifications/Work Statement………………………………………

Section D – Packaging & Marking…………………………………………………... 12

Section E – Inspection & Acceptance Construction………………………………

Section F – Deliveries & Performance……………………………………………….. 14

Section G – Contract Administration Data………………………………………….. 15

Section H – Special Contract Requirements………………………………………… 20

Section I – Contract Clauses………………………………………………………….. 22

Section J – List of Attachments (Appendices)……………………………………….. 42

Section K – Representations, Certifications, and Other Statements of Offerors

(High-lighted Sections to be completed & submitted)

Section L – Instructions, Conditions, and Notices to Offerors……………………… 56

Section M – Evaluation Factors for Award…………………………………………... 63

INTRO AND REQUIRED DOCUMENT SUBMITTALS

This solicitation is issued as an Invitation for Bid (IFB).

This IFB No is: 70Z08826B0000384

This requirement is being solicited as un-restricted, and is open to qualified and experienced Contractors with Dredging work (NAICS

237990), registered and in good standing in www.SAM.gov

IMPORTANT:

YOU MUST RETURN THE FOLLOWING DOCUMENTS.

FAILURE TO DO SO MAY DEEM YOUR BID NON-RESPONSIVE.

A) SECTION A-ONE (1) COMPLETE COPY OF THE STANDARD

FORM 1442 (SOLICITATION OFFER AND AWARD) AND ALL

AMENDMENTS.

B) APPENDIX A1-BID BREAKDOWN SHEET

C) SECTION B (SCHEDULE OF PRICES).

D) SECTION K (REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFEROR’S).

E) SECTION L (BID BOND (STANDARD FORM 24)

F) IF BIDDER IS A CORPORATION, CERTIFICATE OF

AUTHORIZATION TO BIND CORPORATION (SEE SECTION

K.8) http://www.sam.gov/

SPECIAL ELECTRONIC BID SUBMISSION INSTRUCTIONS:

USCG-CEU Oakland will NOT accept bids by mail, hand-carry, or commercial courier (that is, no physical bids will be accepted in response to this solicitation). All bids must be submitted by electronic commerce only. That is, by submission through DoD SAFE. (Similar to “Drop Box”)

Bid Submission

All proposals shall be submitted electronically through the DoD SAFE website. Offerors are limited to five (5) maximum files per upload (total size cannot exceed 2 GB). If an offeror attempts to transmit a large number of files, it is recommended to combine or “ZIP” files, before uploading to the DoD SAFE site. Offerors may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

It is the Offerors’ responsibility to check with DoD SAFE to ensure successful submission.

Offerors are responsible for allowing sufficient time for the bid to be received in accordance with the instructions provided. Accordingly, CEU Oakland will NOT accept proposals by mail, hand-carry, or commercial courier (that is, no physical proposals will be accepted in response to this solicitation). All proposals must be submitted by electronic commerce only (that is, by submission through DoD SAFE, as discussed below, only). The Government will not be responsible for proposals delivered to any location or to anyone other than those designated to receive proposals on its behalf. Offerors are responsible for ensuring that proposals are submitted so as to reach the designated recipient of proposals. Offerors are responsible for allowing sufficient time for the bid to be received in accordance with the instructions provided below.

Electronic Bid Submission in DoD SAFE

In accordance with (IAW) FAR 52.214-7, LATE SUBMISSIONS, MODIFICATIONS, AND

WITHDRAWALS OF BIDS, all bids must be received at the initial point of entry to the

Government infrastructure not later than 1:00 p.m., Pacific Time (PST) on Monday, December

01, 2025. Bids will be submitted through DoD Secure Access File Exchange (DoD SAFE).

DoD SAFE is the Government infrastructure utilized to secure bid proposals and IAW FAR

14.202-8, citing FAR 4.5. All bids must be uploaded into DoD SAFE infrastructure not earlier than Mon., November 17, 2025, and not later than (NLT) Mon, December 1, 2025, at 1:00 p.m., Pacific Time (PST).

To submit an Electronic Bid Package through the DoD SAFE website, Bidders shall follow the following steps:

Step 1: Send an E-mail during the open request period starting Mon, November 17, 2025 thru

November 26, 2025 prior to the closing date and time stated for receipt of Bids to Vincent Yee at

Vincent.Yee@uscg.mil AND Guiljohn Alcantara at Guiljohn.Alcantara@uscg.mil requesting a mailto:Vincent.Yee@uscg.mil mailto:Guiljohn.Alcantara@uscg.mil secure link to upload your Bid Package to the DoD SAFE website (https://safe.apps.mil/). Early requests starting Mon, November 17, 2025 are highly encouraged. Due to the Thanksgiving

Holiday, early Bid submittals are HIGHLY encouraged.

Step 2: Prospective Bidders who timely submit a request will receive an automated E-mail containing a link that will take the Bidder to the DoD SAFE website where the file can be uploaded.

Step 3: Prospective Bidders shall follow the instructions on the linked webpage to upload the Bid

Package file. There is an optional note section that will be included in the E-mail to the recipient selected. The recipient will receive an automated E-mail containing any note entered and instructions for downloading the file.

The electronic bid submittal contents shall conform to the details of the solicitation and subsequent amendments.

Receipt of Submissions: For the purposes of establishing whether a bid submission is considered timely, the government considers the date and time the submission is completely uploaded in the

DoD SAFE website. For proposals larger than the 2GB capacity of the DoD SAFE website and require multiple submissions, the Government will consider the date and time the last submission is completely uploaded into the DoD SAFE website.

Do NOT assume that electronic communication(s) is instantaneous. It can take several minutes or even hours in some cases. The electronic proposal submittal contents shall conform to the details of the solicitation and subsequent amendments.

Electronic Bid Opening

There will be a “public” bid opening conducted by the Government via teleconference on Tues, December 02, 2025, at 1:00 p.m. Pacific Time (PST) for participating bidders.

The teleconference phone number, and access codes will be E-mailed to participants once bid submission due date and time have lapsed. Bidders will be able to participate in the reading of the bids through this teleconference.

A bid abstract containing bid results will be distributed to participating bidders within twenty-fours (24) hours of the bid opening. Upon request, CEU-Oakland will make the opened bids available for examination.

A copy of the duly executed Bid Guarantee (signed by principal and surety with raised seal) must also be included in the attachment labeled “Bid No: 70Z08826B0000384_”Bidder

Name”.

Important: E-mailed Bids are strictly prohibited and will be rejected. Firms are solely responsible for ensuring that their Electronic Bid is uploaded and received by the Government at the specified location prior to the date and time established in the solicitation. To ensure https://safe.apps.mil/ timely submission of your Electronic Bid, Bidders should closely coordinate the upload/file transfer the delivery of your Electronic Bid Package with sufficient time to ensure receipt by the

Government prior to the date and time established in the solicitation. Physical or paper Bids will not be accepted. The Government will not escort or provide any building access to any door-to-door service company.

A physical copy of the Bid Guarantee in proper form with evident raised seal must be submitted within seventy-two (72) hours to the Government upon request from the apparent low bidder.

TO: USCG CONTRACTING OFFICER

ATTN: Vincent Yee

IFB: 70Z08824B0000113

USCG-Civil Engineering Unit

1301 Clay Street, 7th Floor, Suite 700N

Oakland, CA 94612-5203

Additionally, the bid submission shall provide signed BID by letter to include SF 1442 and SF 30 acknowledgement of all Amendments.

Electronic Bid Uploading

Bidders are responsible for ensuring electronic copies are virus-free and shall run an anti-virus scan before upload into DoD SAFE. Electronic copies shall be compatible with the following software products: Adobe Acrobat Reader 11 and Microsoft Office Suite (Excel and Project) 2010 or later. The electronic copies shall be in Adobe Acrobat (except for Microsoft Excel documents) portable document file (pdf) searchable text format. Electronic files shall be clearly identified for each section and item as detailed in the solicitation.

It is the Bidder’s responsibility to obtain written confirmation of receipt of all electronic files of the bid submitted into DoD SAFE. Please E-mail SAM confirmation to Vincent Yee at

Vincent.Yee@uscg.mil. Any questions regarding bid submission should be directed to Vincent

Yee at Vincent.Yee@uscg.mil.

Please do not call to inquire about the status of your bid, as this information will not be released.

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an

Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer.

If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman:

solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the

Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR

33.103(e). Formal protests filed under the OPAP program should be submitted electronically to

OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting

Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

The Ombudsman Hotline telephone number is 202.372.3695.

SECTION A: SF 1442-14B

See separately attached Appendix A to be completed and returned.

SECTION B: SCHEDULE OF PRICES

1) THE CONTRACTOR SHALL FURNISH ALL SUPERVISION, PLANT, LABOR, MATERIAL,

EQUIPMENT, TOOLING, POWER, ETC., NECESSARY TO PERFORM ALL WORK IN STRICT

ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE CONTRACT TO

INCLUDE ALL ATTACHMENTS HERETO.

2) COMPLETE ALL BLOCKS ON THIS SCHEDULE B TO BE SUBMITTED AS YOUR BID.

FAILURE TO DO SO MY CAUSE YOUR BID TO BE DEEMED NON-RESPONSIVE. IN ADDITION,

OFFERORS ARE INSTRUCTED TO COMPLETE AND SUBMIT APPENDIX A1-BID

BREAKDOWN SHEET.

MAINTENANCE DREDGING OF UP TO 20,000 CUBIC YARDS (CY) AT THE U.S.

COAST GUARD (USCG), STATION CAPE DISPOINTMENT, ILWACO, WA.

BASE CLIN Description EST.

Quantity

Unit of

Issue

Unit Price Total Amount

CLIN-001 ALL MOBILIZATION AND

DEMOBILIZATION FOR

MAINTENANCE

DREDGING AT THE U.S.

COAST GUARD (USCG),

STATION CAPE

DISAPPOINTMENT-

See Appendix C-SPECS

1 JB $ $

*CLIN-002

See note below

DREDGING AND

DISPOSAL: Required

Dredging depth is -10.00 ft mean lower low water

(MLLW). Two foot of Over-depth is authorized to +2.00 ft

20,000 CY $ $

*CLIN-003

See note below

PRE AND POST

HYDROGRAPHIC

SURVEYS (Pre & Post)

2 EA $ $

CLIN-004 PRE AND POST EELGRASS

SURVEYS

CLIN-005 PRE AND POST DREDGE

REPORTS

GRAND TOTAL -

ALL BASE AND UPLI

CLINs

*Prices must be submitted on

All Base CLIN and Unit Price

CLINs. Failure to do so may result in rejection of the BID.

*Note: * PRE/POST

HYDROGRAPHIC SURVEY

WILL BE USED TO

DETERMINE FINAL CYD

TOTAL.

*** Please CHECK & VERIFY all math and all price entries for clarity, completeness, & accuracy.

USCG is NOT responsible for any submitted errors.

*** IN ADDITION, COMPLETE AND SUBMIT APPENDIX A1-BID BREAKDOWN

SHEET.

SECTION C: SPECIFICATIONS/WORK STATEMENT

C.1 DRAWINGS AND SPECIFICATIONS

The following drawings, specifications and environmental assessment(s) apply to this contract.

(A) TECHNICAL SPECIFICATIONS “MAINTENANCE DREDGING AT USCG STATION

CAPE DISAPPOINTMENT, BAKER BAY, ILWACO, WASHINGTON”, 30 PAGES,

ATTACHED AS APPENDIX C TO THIS IFB PACKAGE.

(B) Permits, ATTACHED AS APPENDIX B1 TO THIS IFB PACKAGE.

(C) Hydro Survey, ATTACHED AS APPENDIX B2 TO THIS IFB PACKAGE.

C.2 All work shall be performed in strict accordance with the specification, drawings, and any additional information listed above.

SECTION D: PACKAGING AND MARKING

D.1 - PACKAGING AND MARKING

(a) All shipments of materials, equipment and/or supplies to the project site shall be addressed to the

Contractor and not the U.S. Government. Preservation, packaging and packing shall be in accordance with standard practices for commercial packaging.

(b) Government personnel are not authorized to accept deliveries for the contractor, nor are they responsible for off-loading shipments. A contractor representative must be present to accept deliveries.

SECTION E: INSPECTION AND ACCEPTANCE CONSTRUCTION

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

https://www.acquisition.gov/ ;

http://www.dhs.gov/xlibrary/assets/opnbiz/hsar.pdf; and http://www.dhs.gov/xlibrary/assets/opnbiz/cpo_hsam.pdf

E.2 DAILY REPORTING REQUIREMENT

The Contractor shall prepare and file a "Contractor's Daily Report", for each day of contract performance. Description must include contract number and work being performed. These reports shall be delivered to, or if directed, mailed to the Construction Manager on Fridays. The daily report shall include the name of Contractors and Subcontractors on-site, the number of workers and their labor categories employed on-site, the work being performed, the type of equipment on-site, any change order work being performed, and whether the work being performed is on schedule. Reports shall be numbered, dated and signed by the Contractor or his

Project Manager. Failure to submit the daily reports could result in payments being withheld until all daily reports are current.

E.3 FINAL INSPECTION

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

Final inspection, punch list, submission of all submittals, acceptance, and cleanup of the project site under conditions defined in Specification will be completed before the completion date.

https://www.acquisition.gov/ http://www.dhs.gov/xlibrary/assets/opnbiz/hsar.pdf

SECTION F: DELIVERIES AND PERFORMANCE

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION

OF WORK (APR 1984) [(a) 10 days, (c) 31 OCTOBER 2016]

52.242-14 SUSPENSION OF WORK (APR 1984)

F2. FUNDS ARE NOT PRESENTLY AVAILABLE

Funds are not presently available for this solicitation. No award shall be made until funds are available. All bids must remain in effect for a minimum of 120 calendar days after the closing date. The Government reserves the right to cancel this solicitation either before or after the closing date.

https://www.acquisition.gov/

SECTION G: CONTRACT ADMINISTRATION DATA

G.1 INSTRUCTIONS FOR SUBMITTING MATERIAL APPROVALS

Submittals must be provided in sufficient time and in such sequence to avoid delays in the work. Test reports and certifications shall be submitted and approved prior to payment for the applicable item.

Corrected O&M Manuals must be received by the Government prior to the Final Inspection. Materials, samples, drawings, etc., shall be submitted on the Government provided form.

G.2 AUTHORIZED REPRESENTATIVES OF THE CONTRACTING OFFICER

The Contracting Officer's Representative (COR) is the representative of the Contracting Officer for the purpose of day to day technical administration/inspection of all work under the contract. This includes, but is not limited to, approval of progress payments, approval of submittals, final inspection and providing technical assistance when required. The contractor is cautioned that in no instance is the COR authorized to approve any changes that will involve the quantity, quality, price or performance of the contract.

G.3 ADDRESS OF CORRESPONDENCE

All correspondence, unless otherwise specified, shall be directed to the following address:

U.S Coast Guard-Civil Engineering Unit

Contracting Officer-

1301 Clay Street 7th Floor, Suite 700N

Oakland, California 94612-5203

IFB No: xxxxxx

Telephone Number: (571) 607-1029

NOTE: Include Solicitation and/or Contract Number on all correspondence.

G.4 REQUIREMENTS FOR INSURANCE

The contractor shall provide and maintain insurance for the entire contract performance, in accordance with

Federal Acquisition Regulation Clause No. 52.228-5, entitled “INSURANCE - WORK ON A

GOVERNMENT INSTALLATION”. (See Section I) FAR 28.307-2 states the following minimum amounts of liability:

(a) Workers’ Compensation and Employer’s Liability. Contractor shall comply with applicable Federal and

State worker’s compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least

$100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General Liability. (1) The contractor shall provide bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile Liability. The contractor shall provide automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) Vessel Liability. When contract performance involves use of vessels, the contractor shall provide vessel collision liability, protection, and indemnity liability insurance.

(e) Prior to commencement of work, the contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective until thirty (30) days after written notice thereof to the Contracting Officer. The contractor agrees to insert the substance of this clause, including this paragraph, in all subcontracts hereunder.

(f) Longshore and Harbor Workers Compensation Act applies to the procurement. In addition to other insurance coverage required, full insurance coverage is required in accordance with the U.S. Longshore and Harbor Workers Compensation Act, 33 USC 901 et seq.

G.5 INVOICING REQUIREMENTS

The original invoice/progress payment is to be submitted directly to billing address located on the contract.

(a) Invoices shall be prepared and submitted in accordance with the provisions of FAR Clause

52.232-27, Prompt Payment for Construction Contracts (Jan 2017). Instructions can be found in

Section I, Contract Clauses.

(b) Each invoice shall contain the following information:

(1) Contract Number

(2) Name of the Contract Specialist or Contracting Officer

(3) Invoice Routing Code (IRC) assigned by the Coast Guard

(4) Annotate on the invoice indicating that the contractor represents a small business for accelerated payment purposes.

(c) The Coast Guard unique Invoice Routing Code (IRC) for this contract is: CEU-OAKLAND

(d) Each invoice must be submitted to a USCG designated billing office, detailed information to be provided upon contract award.

(e) To facilitate processing, all proper invoices and any supporting information submitted electronically using the IPP web based invoice submission capability must be submitted as a single Adobe .pdf formatted file, or as otherwise specified in the contract.

(f) Supporting documentation along with a courtesy copy of the invoice may also be e-mailed to the Contract Specialist at the addresses cited below:

Vincent.Yee@uscg.mil

(g) In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received:

(1) On the later of:

(i) For invoices that are mailed or transmitted via facsimile, the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt.

(ii) For invoices electronically transmitted by the contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or

(ii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless—

a) The agency has actually accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; or

b) A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date;

(2) On the date placed on the invoice by the contractor, when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or

(3) On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice.

(4) Web based submission by the contractor and receipt confirmation does not reflect Government review or acceptance of the invoice.

(5) Payment inquiries and status may be obtained - at the following website: -https://www.fincen.uscg.mil/secure/payment.htm.

G.6 METHOD OF PAYMENT

In accordance with FAR Clause 52.232-33, Payment by Electronic Funds Transfer-- System for

Award Management (Oct 2018), as contained in Section I, Contract Clauses, the Government shall make payment to the Contractor using the EFT information contained in the System for

Award Management (SAM) database. In the event that the EFT information changes, the

Contractor shall be responsible for providing the updated information to the SAM database. The

Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the

Fedwire Transfer System. The rules government federal payments through the ACH are contained in 31 CFR parts 210.

For Registration Assistance: SAM Customer Service Information

Federal Service Desk: www.fsd.gov

Toll-Free Phone Number 866-606-8220

Outside U.S.: 334-206-7828

Website: http://www.sam.gov/ http://www.fincen.uscg.mil/electron.htm https://www.fincen.uscg.mil/secure/payment.htm http://www.fsd.gov/

G.7 CERTIFICATION OF PAYMENTS-RELEASE OF CLAIM

The Contractor, prior to receiving a progress or final payment under this contract, shall submit to the Contracting Officer a certification that the contractor has made payment from proceeds of prior payments, or that he will make timely payment from the proceeds of the progress or final payment then due him, to his subcontractors and suppliers in accordance with his contractual arrangements. The Contractor shall submit to the Contracting Officer, together with his request for final payment, a properly executed Contractor’s Release, DHS Form 700-03. Failure to submit this completed release shall result in delay of final payment.

SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 PRICING OF REQUEST FOR EQUITABLE ADJUSTMENT

When costs are a factor in any determination of a contract price adjustment pursuant to the

Changes Clause or any other provision of this contract, such costs shall be in accordance with the contract cost principles and procedures in Part 31 of the Federal Acquisition Regulations, as applicable, which are in effect on the date of this contract.

In addition, 52.211-18 Variation in Estimated Quantity (VEQ) Clause will be incorporated into this contract. The quantity of a unit-priced item B-002B Dredging and Disposal are estimated quantities. If the actual quantity of the Unit-Priced Line Item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. The adjustment is based on the difference in the Contractor's cost per unit for the quantity outside the band, in comparison with its cost per unit for the quantity inside the band.

This is called the "Victory Principle". If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting

Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

H.2 CONTRACTOR INITIATED CHANGES

Contractor initiated requests for changes to the contract will be considered by the Government only if they meet all of the following conditions:

(a) The request shall be submitted to the Contracting Officer by separate correspondence signed by your authorized representative.

(b) The request shall state how the proposed change would be incorporated into the construction schedule, whether or not a time extension will be necessary, and the calendar date by which you must receive approval or disapproval so as not to affect the existing schedule.

(c) The request shall include a complete listing of labor, materials and equipment costs, and proposed changes to the original contract requirements as well as all indirect costs, and delays. It shall include a listing, with telephone numbers of all sources necessary for

Government verification of proposed costs and your offer.

(d) Cost and pricing information shall be submitted according to the provisions of H.1 above.

THE GOVERNMENT MAY REJECT ANY REQUEST THAT DOES NOT PROVIDE

ALL OF THE ABOVE INFORMATION IN A SINGLE SUBMISSION.

H.3 SUBCONTRACT DATA

The Contractor shall submit an executed Statement and Acknowledgment Standard Form 1413, to the Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This shall be done before the subcontractor begins work. This form provides an acknowledgment by the subcontractor that mandatory "flow-down" contract clauses have been included in this contract in accordance with

FAR Clause 52.222-11. Completing this form creates no contractual relationship between subcontractors and the Government.

H.4 MISPLACED MATERIAL

Should the Contractor, during the progress of the work, lose, dump, throw overboard, sink, or misplace any material, plant, machinery, or appliance, which in the opinion of the Contracting

Officer may be dangerous to or obstruct navigation, the Contractor shall recover and remove the same with the utmost dispatch. The Contractor shall give immediate notice, with description and location of such obstructions, to the Contracting Officer or inspector and when required shall mark or buoy such obstructions until the same are removed. Should he refuse, neglect, or delay compliance with the above requirements, such obstructions may be removed by the Contracting

Officer, and the cost of such removal may be deducted from any money due or to become due the

Contractor, or may be recovered under his bond. The liability of the Contractor for the removal of a vessel wrecked or sunk without fault or negligence shall be limited to that provided in Section

15, 19, and 20 of the River and Harbor Act of March 3, 1899 (33 U.S.C. 410 et seq).

H.5 SUPERINTENDENCE BY CONTRACTOR.

The contractor shall directly oversee all work or have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and who has authority to act for the contractor. The superintendent cannot be designated for more than one contract while on site work is being performed. (The superintendent and alternate shall be an employee of the prime contractor).

H.6 SIGNAL LIGHTS

The Contractor shall display signal lights and conduct his operations in accordance with the

General Regulations of the Department of the Army and of the Coast Guard governing lights and day signals to be displayed by towing vessels with tows on which no signals can be displayed, vessels working on wrecks, dredges, and vessels of more than 65 feet in length moored or anchored in a fairway or channel, and the passing by other vessels of floating plant working in navigable channels, as approved by the Secretary of the Army (33 CFR 201.10-201-16) and the

Commandant, U.S. Coast Guard (33 CFR 80.18-80.31a and 33 CFR 95.51-97.700)

SECTION I: CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these addresses:

52.202-1 DEFINITIONS (JUN 2020)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY

(MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JUN 2020)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021)

52.203-14 DISPLAY OF HOTLINE POSTER(S) (NOV 2021)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBOWER RIGHTS AND REQUIREMENT

TO INFORM EMPLOYEES OF WHISLTEBLOWER RIGHTS (JUN 2020)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY

2011)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (JUN 2020)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014).

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021).

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment (NOV 2021).

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT (NOV 2021)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (NOV 2015)

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)

52.211-18 Variation in Estimated Quantity (Apr 1984)

52.214-26 AUDIT AND RECORDS –SEALED BIDDING (JUN 2020)

52.214-27 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA –

MODIFICATIONS – SEALED BIDDING (JUN 2020)

https://www.acquisition.gov/

52.214-28 SUBCONTRACT CERTIFIED COST OR PRICING DATA – MODIFICATIONS

SEALED BIDDING (JUN 2020)

52.214-29 ORDER OF PRECEDENCE – SEALED BIDDING (JAN 1986)

52.222-3 CONVICT LABOR (JUN 2003)

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS - OVERTIME

COMPENSATION (MAY 2018)

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENT (AUG 2018)

52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

52.222-8 PAYROLLS AND BASIC RECORDS (JUL 2021)

52.222-9 APPRENTICES AND TRAINEES (JULY 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 REQUIREMENT AND

RELATED ACT REGULATIONS (MAY 2014)

52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

52.222-21 PROHIBITION OF SEGREGATED FACILITES (APR 2015)

52.222-26 EQUAL OPPORTUNITY (SEP 2016)

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION

(APR 2015)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010)

52.222-41 SERVICE CONTRACT LABOR STANDARDS (AUG 2018)

52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (MAY 2022)

52.222-55 Minimum Wages Under Executive Order 13658 (JAN 2022)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE

AND CONSTRUCTION CONTRACTS (SEP 2013)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

(ALT. I) (FEB 2021)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION

(MAY 2011)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE

AND CONSTRUCTION CONTRACTS (AUG 2018)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING (JUN 2020)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)

52.227-1 AUTHORIZATION AND CONSENT (JUN 2020)

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT & COPYRIGHT

INFRINGEMENT (JUN 2020)

52.227-4 PATENT INDEMNITY - CONSTRUCTION CONTRACTS (DEC 2007)

52.228-1 BID GUARANTEE (SEP 1996)

(C ) The amount of the bid guarantee shall be 20% of bid price.

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

https://www.federalregister.gov/executive-order/13658

52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.228-11 PLEDGES OF ASSETS (FEB 2021)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY 2014)

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (JUN 2020)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

52.232-16 Progress Payments (NOV 2021)

52.232-17 INTEREST (MAY 2014)

52.232-18 Availability of Funds (APR 1984)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

The due date for making such payments shall be 30 days after receipt of the payment request by the designated billing office.

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD

MANAGEMENT (OCT 2018)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS (NOV 2021)

52.233-1 DISPUTES (MAY 2014)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

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,

UTILITIES AND IMPROVEMENTS (APR 1984)

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 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)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

ALTERNATE I (APR 1984) (USE IF RECORD AND REPRODUCIBLE SHOP

DRAWINGS ARE REQUIRED) ALTERNATE II (APR 1984) USE IF ONLY

RECORD SHOP DRAWINGS ARE REQUIRED) _3_ SET OF PRINTS

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION (APR 1984)

52.237-4 PAYMENT OF GOVERNMENT TO CONTRACTOR (APR 1984)

52.237-5 PAYMENT OF GOVERNMENT TO CONTRACTOR (APR 1984)

52.242-13 BANKRUPTCY (JUL 1995)

52.243-4 CHANGES (JUN 2007)

52.245-1 GOVERNMENT PROPERTY (JAN 2017) ALT. 1 (SEP 2021)

52.245-9 USE AND CHARGES (APR 2012)

52.246-12 Inspection of Construction (AUG 1996).

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994) ALTERNATE I (APR 1984)

52.248-3 VALUE ENGINEERING - CONSTRUCTION (OCT 2020)

52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)

(SHORT FORM)(APR 1984) – ALTERNATE 1 (APR 1984)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)

(APR 2012) – ALTERNATE 1 (SEP 1996)

52.249-3 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (DISMANTLING,

DEMOLITION, OR REMOVAL OF IMPROVEMENTS (APR 2012)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48

CFR Chapter 1) clause with an authorized deviation is indicated by the addition of

"(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any _____ [insert regulation name] (48 CFR

_____) clause with an authorized deviation is indicated by the addition of

"(DEVIATION)" after the name of the regulation.

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006)

3052.211-70 INDEX FOR SPECIFICATIONS (DEC 2003)

3052.222-70 STRIKES OR PICKETING AFFECTING TIMELY COMPLETION OF THE

CONTRACT WORK (DEC 2003)

3052.222-71 STRIKES OR PICKETING AFFECTING ACCESS TO A DHS FACILITY

(DEC 2003)

3052.222-90 LOCAL HIRE (USCG) (JUN 2006)

3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES-APPLICABLE

LICENSES AND PERMITS (JUN 2006) (30 days)

3052.223-90 ACCIDENT AND FIRE REPORTING (USCG) (DEC 2003)

3052.228-70 INSURANCE (DEC 2003)

3052.228-90 NOTIFICATION OF MILLER ACT PAYMENT BOND PROTECTION (DEC 2003)

3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC 2003)

3052.245-70 GOVERNMENT PROPERTY REPORTS (JUN 2006)

I.2 252.225-9 -Buy American-Construction Materials (OCT 2022).

(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 product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (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 https://www.acquisition.gov/far/subpart-2.1#FAR_2_101 products and petroleum products.

"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.

Critical component means a component that is mined, produced, or manufactured in the United

States and deemed critical to the U.S. supply chain. The list of critical components is at

FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

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

(ii) A construction material manufactured in the United States, if–

(A)The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the https://www.acquisition.gov/far/subpart-25.1#FAR_25_105 definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

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

Foreign iron and steel means iron or steel products not produced in the United States.

Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"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 domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (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 product 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.

(A)For domestic construction material that is not a critical item or does not contain critical components.

(1)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 20 percent;

(2)For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds…