Sol_P15PS00148.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

NPS, SER - East MABO

100 Alabama St., SW

1924 Building Atlanta GA 30303-8701

PSA

John Bennett 404-507-5747

1x 06/02/2015

P15PS00148

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

The National Park Service, Jimmy Carter National Historic Site, has a need for furnishing and installing two pine shake roofs, complete with metal flashings, over skip sheathing and waterproof membrane at the Boyhood Home and Commissary located at the Jimmy Carter Boyhood Home in Plains, GA.

In order to be awarded a government contract, contractor must be registered & active in SAM (System for Award Management) prior to the closing date of this RFQ. The web site is www.sam.gov Questions pertaining to this solicitation must be submitted in writing (via email) and shall include the solicitation number, your full name, organization and/or company's name, address, phone and fax numbers.

Submit your quote according to the bid format specified in the attached Statement of

Work by 08 July 2015, 17:00 to john_g_bennett@nps.gov.

Arrangements have been made for prospective offerors to inspect the work site. Site visit will be on July 01, 2015 between 10:00 am - 11:00 am.

POC for site visit is Barbara Judy at barbara_judy@nps.gov/229-824-4104.

THIS PROCUREMENT IS 100% SET-ASIDE FOR WOMAN OWNED SMALL BUSINESS

NAICS code is 238160

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 120 calendar days and complete it within ________________ ________________ calendar days after receiving

07/08/2015

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

DOI, NPS, SER - East MABO 100 Alabama St., SW

1924 Building Atlanta GA 30303-8701

PSA

John Bennett

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 16

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

P15PS00148

Period of Performance: 08/01/2015 to 11/30/2015

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Clauses

PART I – THE SCHEDULE

SECTION A. Solicitation/Contract Form

SECTION B. Supplies or Services and Prices/Costs

The National Park Service, Jimmy Carter National Historic Site, has a need for furnishing and installing two pine shake roofs, complete with metal flashings, over skip sheathing and waterproof membrane at the Boyhood Home and Commissary located at the Jimmy Carter Boyhood Home in Plains, GA. The magnitude of construction is estimated to be between $25,000 and $100,000. The resulting contract will be firm-fixed-price. Submit your quote according to the bid format specified in the attached Statement of Work on 08 July 2015, 15:00 to email address: john_g_bennett@nps.gov Arrangements have been made for prospective offerors to inspect the work site. Site Visit 01 July 2015 between 10:00am - 11:00am

SECTION C. Description/Specifications/Statement of Work

1. REQUIREMENTS. Reroofing work will include the following tasks.

a. Task 1 – Submit products for approval, schedule work in cooperation with park staff,

b. Task 2 – Procure and stage materials,

c. Task 3 – Demolish existing roof, furnish and install new roofing.

d. Task 4 – Clean and repair site.

2. TASK 1 – Submittal, schedule, site and building protection

a. Submit all product data, samples and product warrantee as specified in Section

073129 – Wood Shake Roofing for review and coordination with NPS.

b. Submit written project schedule for review and coordination with NPS.

c. Submit written plan for protecting buildings from water intrusion during the reroofing work.

d. Allow fourteen (14) days for NPS review of submittals.

3. TASK 2 – Purchase materials and stage on site.

a. Materials may not be stored inside the Boyhood Home or Commissary at any time during the project, including during the 14-day contractor exclusive work period.

b. Materials may not be stored on the Tennis Court; nor may vehicles be driven onto or across the Tennis Court.

c. Contractor will be permitted to place a storage locker within the Construction

Staging Area.

4. TASK 3 – Remove existing roofing, waterproof membrane and flashings. Install new roofing, waterproofing membrane and flashings as described in Section 073129 Wood

Shake Roofing. Protect building interiors from inclement weather during the work.

a. Staff and Visitor Access during repairs: Park visitors will be excluded from the building interiors and the site work area for a maximum of two weeks (14 days) to provide a contractor exclusive work period.

b. Secure site boundaries and construction staging area to ensure that staff/visitors do not cross construction traffic at least 24 hours before start of work, to allow for NPS review and acceptance of the boundaries.

c. Protect all vegetation during the work – avoid damage to shrubs and trees.

d. Stage ground cloths at all areas where roofing demolition occurs, to minimize dispersal and ease collection of large and small debris.

5. TASK 4 – Clean and repair site. Provide executed product warrantee and guarantee warrantee for roofing installation.

a. Run magnetized trash collector over construction staging area to facilitate collection of small metal debris.

b. Collect all project debris for offsite disposal.

c. Site shall be ready for public visitation at close of site repair operations.

6. BID FORMAT:

a. Submit qualifications of roofing installer, listing at least two (2) successful projects using pine shake roofs carried out in the last five (5) years.

b. Submit proposed project schedule.

c. c. Pricing format:

i. Pricing per task. Detail labor and materials costs.

ii. Other cost detail that the offeror wishes to provide.

7. INSPECTIONS (provide during the course of the project based on agreed schedule.)

a. Construction staging location, barriers, signs to ensure adequacy to guide park visitors away from the construction area.

b. Any area of subroof that appears deteriorated and in need of repair.

c. Field sample for typical reroofing beginning at eave.

d. Field sample for typical ridge reroofing.

e. All flashings conditions

f. Final installed roofs.

8. PROJECT SCHEDULE. Proposal must include a start date and finish date, and must identify the requested 14-day exclusive contractor period during which the Construction Staging Area will be closed to the public.

9. TECHNICAL COORDINATION. The Contracting Officer’s technical representative for this action is identified in the Contract Schedule under Contract Administration.

SECTION E -- Inspection and Acceptance Construction Site Location: Jimmy Carter Boyhood Home in Plains, GA.

E.1 52.246-12 Inspection of Construction August 1996 E.2 52.246-21 Warranty of Construction March 1994

SECTION F -- Deliveries or Performance F.1 52.211-10 Commencement, Prosecution, and Completion of Work April 1984 F.2 52.211-13 Time Extensions September 2000 F.3 52.211-18 Variation in Estimated Quantity April 1984 F.4 52.242-14 Suspension of Work April 1984 F.5 52.247-34 F.o.b. Destination F.6 Term of the Contract

After the award, the contractor will be given a written notice to proceed.

SECTION G. Contract Administration Data

G.1 Contract Administration Contracting Officer (CO) responsible for this contract:

Laurie Chestnut National Park Service Division of Contracting and Property Management 100 Alabama Street, Building 1924, 5th Floor Atlanta, GA 30303 Telephone Number: (404) 507-5747

Contract Administrator (CA) responsible for administering this contract:

John G. Bennett National Park Service Division of Contracting and Property Management 100 Alabama Street, Building 1924, 5th Floor Atlanta, GA 30303 Telephone Number: (404) 507-5747

SECTION H. Special Contract Requirements

H.1 DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (September 2011)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice [WH-347, Payroll form]:

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation. (End of Template)

H.2 Special Terms and Conditions In accordance with FAR 52.236-14, Availability and Use of Utility Services, the following utility services will be made available under this contract: Electricity and Water.

H.3 Generic Gender Terminology Except where stipulated by the Federal Acquisition Regulations, the use of terms such as he, she, his, and her are not to be interpreted as implying other than neutral gender terms such as "it" or "their".

H.4 Safety The Contractor is responsible for establishing and maintaining compliance with all applicable laws, regulations, rules, and standards, including without limitation, those regulations, rules, and standards, promulgated for the administration and enforcement of the following laws: the Occupational Safety and Health Act (OSHA) or Federally approved State equivalent(s) thereof; the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as amended by Superfund Amendments and Reauthorization Act (SARA); Emergency Planning and Community Right-to-Know Act (EPCRA); Clean Air Act (CAA); Clean Water Act (CWA) and Toxic Substances Control Act (TSCA); and Solid Waste Disposal Act (SWDA), as amended by Resource Conservation and Recovery Act (RCRA).

H.5 Progress Meetings

(a) The Contractor shall be available to meet with the CO or his/her representative at the job site during construction to discuss work progress.

(b) Meetings will be scheduled by the CO with timely notification to the Contractor.

(c) At the progress meetings, the Contractor shall give oral reports of the progress on the project to the CO. If the work is behind schedule, the Contractor shall be prepared to (i) discuss the work and any causes of work delay(s); (ii) present a plan to bring the work back into conformance with the schedule;

or, if necessary (iii) to propose a revised work schedule.

H.6 Payrolls

The Contractor must furnish copies of his weekly payrolls to the CO. Payroll submission is required weekly, seven (7) days after close of payroll period.

H.7 Operation of Facility during Construction Construction activities must not interrupt the function and day-to-day operations of the facility during construction. The contractor must coordinate with the COR for any temporary measures. All temporary measures employed shall be at the Contractor's expense and shall be removed upon completion of the contract.

H.8 Work Hours Normal work hours are from 7:00 a.m. through 3:30 p.m., Monday through Friday, unless otherwise authorized. Contractor will not be permitted to work at the job site on Saturday, Sunday or legal holidays unless otherwise authorized by the CO.

H.9 Use of Premises

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on Government land or lands administered by the Government, written permission shall be obtained through the Contracting Officer. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for the Contractor. Such permission, if granted, will be without charge to the Contractor.

(b) Unless provided otherwise, the Contractor shall provide and maintain sanitation facilities for the workforce at the site. Solid waste shall be disposed of in accordance with applicable Federal, State, and local regulations.

H.10 Maximum Work Week The maximum workweek that will be approved is 40 hours. The Contractor's proposed hours of work are to include daily starting and stopping times.

H.11 Samples and Certificates When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance of materials and construction specified in the contract performance requirements. Samples shall be submitted in duplicate by the contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall both be used in the work until approved in writing by the Contracting Officer.

H.12 Excavation and Utility Clearances The Chief of Maintenance or Facility Manager, for each park, shall ensure that the Contractor is provided with necessary excavation and utility clearances. The Contractor shall request such clearances and staking in writing to the Contracting Officer no less than ten (10) calendar days prior to the date which he/she anticipates commencement of work. The Contractor will not proceed with excavation of any kind until such clearances have been issued. Clearances will be valid from the date of issue or completion of, or otherwise directed by the issuing authority.

H.13 Disposal

Debris, rubbish, and non-usable material resulting from work under this contract shall be disposed in a manner that meets federal, state and local laws.

H.14 Contractor Employees

(a) The Contractor shall provide the Contracting Officer with the name(s) of the responsible Site Superintendent authorized to act for the Contractor.

(b) The Contractor shall furnish sufficient personnel to perform, supervise and manage all work.

(c) Contractor employees shall conduct themselves in a proper, efficient, courteous and business-like manner.

(d) The Contractor shall remove from the site any individual whose continued employment is deemed by the Contracting Officer to be contrary to public interest or inconsistent with the National Park Service.

H.15 Permits The contractor shall, without additional expense to the government, obtain all appointments, licenses, and permits required to perform work under this contract. The Contractor shall comply with federal, state and local laws. Evidence of such permits and licenses shall be provided to the Contracting Officer before work commences, or as requested.

H.16 Quality of Work Workmanship shall be of the highest quality and best practices of the trade. Contractor shall conform to all requirements of applicable state and county codes, as well as applicable codes of the National Fire Protection Association. All replacement materials shall conform to the manufacturer specifications and standards. Substitute items shall be equal to or better that the original material and must be approved by the Government.

H.17 Completion of Work The time stated for completion of the project includes all materiel procurement, payroll records, corrections of all discrepancies (Punch List Items), and final clean up on premises as stated in the clause "Commencement, Prosecution and Completion of Work", FAR 52.211-10 (APR 1984) Section F.

H.18 Material Approval Submittals The submittals contemplated by the clause herein entitles "Materials and Workmanship", FAR 52.236-5 (APR 1984), Section I, shall be submitted to the Contracting Officer through the COR in five (5) copies.

Document number 006211 entitled "Submittal Transmittal Form" shall be used. Contractor shall re-submit any disapproved submittals within seven (7) calendar days of disapproval.

H.19 Archeological Findings Petroglyphs, artifacts, burial grounds or remains, structural features, ceremonial, domestic, and archeological objects of any nature, historic or prehistoric, found within the construction area, are the property of, and will be removed only by, the Government. Should Contractor's operations uncover or his employees find any archeological remains, Contractor shall suspend operations at the site of discovery; notify Contracting Officer immediately of the findings; and continue operation in other areas.

Included with the notification shall be a brief statement of the location and details of the findings.

Should the temporary suspension of work at the site result in delays, or the discovery site require archeological studies resulting in delays or additional work for the contractor, he will be compensated by an equitable adjustment under the General Provision of the Contract.

PART II – CONTRACT CLAUSES

SECTION I. Contract Clauses

52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation 52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements 52.204-1 Approval of Contract.

As prescribed in 4.103, insert the following clause:

Approval of Contract (Dec 1989)

This contract is subject to the written approval of the NPS Contracting Officer and shall not be binding until so approved.

(End of clause)

52.204-2 Security Requirements - Alternate II 52.204-9 Personal Identity Verification of Contractor Personnel 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-12 Data Universal Numbering System Number Maintenance 52.204-13 – System for Award Management Maintenance.

52.209-6 protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

52.211-10 Commencement, Prosecution, and Completion of Work As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.

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 30 calendar days from the start date entered on the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.215-8 Order of Precedence—Uniform Contract Format.

52.219-6 Notice of Total Small Business Set-Aside.

52.222-3 Convict Labor.

52.222-6 Davis-Bacon Act.

52.222-7 Withholding of Funds.

52.222-8 Payrolls and Basic Records.

52.222-9 Apprentices and Trainees.

52.222-10 Compliance with Copeland Act Requirements.

52.222-11 Subcontracts (Labor Standards).

52.222-12 Contract Termination—Debarment.

52.222-13 Compliance with Davis-Bacon and Related Act Regulations.

52.222-14 Disputes Concerning Labor Standards.

52.222-15 Certification of Eligibility.

52.222-21 Prohibition of Segregated Facilities.

52.222-26 Equal Opportunity.

52.222-27 Affirmative Action Compliance Requirements for Construction.

52.222-36 Affirmative Action for Workers with Disabilities.

52.222-50 Combating Trafficking in Persons.

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

52.223-5 Pollution Prevention and Right-to-Know Information.

52.223-6 Drug-Free Workplace.

52.223-15 Energy Efficiency in Energy-Consuming Products.

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving.

52.224-1 Privacy Act Notification.

52.224-2 Privacy Act.

52.225-3 Buy American Act—Free Trade Agreements—Israeli Trade Act.

52.225-9 Buy American Act—Construction Materials.

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

Buy American Act—Construction Materials (Sep 2010)

(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 section 3 of the Shipping Act of 1984 ( 46 U.S.C. App.

1702), 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 the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act 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: NA

(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)*

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).]

52.225-13 Restrictions on Certain Foreign Purchases.

52.227-4 Patent Indemnity—Construction Contracts.

52.228-2 Additional Bond Security.

52.228-5 Insurance—Work on a Government Installation.

52.228-11 Pledges of Assets.

52.228-12 Prospective Subcontractor Requests for Bonds.

52.228-13 Alternative Payment Protections.

52.228-14 Irrevocable Letter of Credit.

52.232-5 Payments under Fixed-Price Construction Contracts.

52.232-23 Assignment of Claims.

52.232-27 Prompt Payment for Construction Contracts.

52.232-33 Payment by Electronic Funds Transfer—Central Contractor Registration.

52.233-1 Disputes.

52.233-3 Protest after Award.

52.233-4 Applicable Law for Breach of Contract Claim.

52.236-2 Differing Site Conditions.

52.236-3 Site Investigation and Conditions Affecting the Work.

52.236-5 Material and Workmanship.

52.236-6 Superintendence by the Contractor.

52.236-7 Permits and Responsibilities.

52.236-8 Other Contracts.

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

52.236-10 Operations and Storage Areas.

52.236-11 Use and Possession Prior to Completion.

52.236-12 Cleaning Up.

52.236-13 Accident Prevention.

52.236-14 Availability and Use of Utility Services.

52.236-17 Layout of Work.

52.236-21 Specifications and Drawings for Construction.

52.236-26 Preconstruction Conference.

52.242-14 Suspension of Work.

52.243-1 Changes—Fixed Price - Alternate II.

52.243-5 Changes and Changed Conditions.

52.243-7 Notification of Changes.

52.244-6 Subcontracts for Commercial Items.

52.246-1 Contractor Inspection Requirements.

52.246-21 Warranty of Construction.

52.247-5 Familiarization with Conditions.

52.247-12 Supervision, Labor, or Materials.

52.247-17 Charges.

52.247-21 Contractor Liability for Personal Injury and/or Property Damage.

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form).

52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements).

52.249-10 Default (Fixed-Price Construction).

52.251-1 Government Supply Sources.

52.252-2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

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 address(es):

http://www.acquisition.gov/far

(End of clause)

52.252-4 Alterations in Contract.

As prescribed in 52.107(d), insert the following clause in solicitations and contracts in order to revise or supplement, as necessary, other parts of the contract, or parts of the solicitation that apply after contract award, except for any clause authorized for use with a deviation. Include clear identification of what is being altered.

Alterations in Contract (Apr 1984)

Portions of this contract are altered as follows:

(End of clause)

52.252-6 Authorized Deviations in Clauses.

As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert “(DEVIATION)” after the date of the clause.

Authorized Deviations in Clauses (Apr 1984)

(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.

(End of clause)

52.253-1 Computer Generated Forms.

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J. List of Attachments

Attachment No. Document Number of Pages 1 Statement of Work 4 2 Wage Determination 19 3 Evaluation Factor 1

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K. Representations, Certifications, and Other Statements of Offerors or Respondents

Representations and Certifications included on System for Award Management (SAM) profile included in contract file.