Solicitation_SOW.doc

Solicitation Number P17PS02014

SECTION B

SUPPLIES OR SERVICES AND PRICE/COSTS

The contractor shall provide the National Park Service (NPS) with all with all labor, materials, supplies and equipment necessary to remove and replace approximately 18,300 square feet of a flat roof system including; fascia, gutters, downspouts, rigid insulation, flashing, drip edges, and any deteriorated decking and structural members.

CLIN

DESCRIPTION

QUANTITY

UNIT COST

TOTAL COST

Demolition of Existing Roof System 1 Job

Including Site Clean-up and Site

Preparation for New Roof

Completion of New Roof 1 Job

Total Firm-Fixed-Price: $

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1

BACKGROUND

The location for this work is the Administrative Annex / Building 55. The Administrative Annex is approximately 2,000 interior square foot, constructed early 1970's, and occupied by employees of the Interpretive Design Center/Harpers Ferry Center (IDC/HAFC) of the National Park Service (NPS) and the Emergency Incident Command Center (EICC). The Administrative Annex is the north east part of Building 55 that encompasses the maintenance facility for Harpers Ferry Historical Park (HAFE).

C.2

PURPOSE

The purpose of the project will be to remove approximately 18,300 square feet of existing built up roof on four levels and replace with a Thermoplastic Polyolefin (TPO) low slope roof meeting current codes and standards.

C.3

SCOPE OF WORK

The contractor shall provide all labor, materials, equipment, and supplies necessary to remove and replace approximately 18,300 square feet of existing flat built up roof on four levels and replace with a new Thermoplastic Polyolefin (TPO) low slope roof located at 230 Zachary Taylor Street, Harpers Ferry, West Virginia.

Specifically, the contractor shall be responsible for all work as follows:

1. Demolish and remove approximately 18,300 square feet of existing built up roof which shall include ballast, gutters, scuppers, drip edges, downspouts, fascia and one abandoned electric mast;

2. Replace any deteriorated decking and deteriorated structural members found during demolition;

3. Protect and provide new flashing for existing roof HVAC condensers, fans, ventilators, pipes, drains, and walls at roof level changes;

4. Install a low slope Thermoplastic PolyOlefin (TPO) roof system for approximately 18,300 square feet, which shall consist of 80 millimeter thick scrim reinforced membrane, 1/4 inch per linear foot pitch, tapered and sloped insulation, average R value of 30, Class A fire rating;

5. Install approximately 1000 linear feet of gutters sized for the amount of roof square foot drainage and corresponding downspouts; and

6. Replace existing roof drains and provide approximately ten additional downspouts.

SECTION D

PACKAGING AND MARKING

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No information has been provided by the government.

SECTION E

INSPECTION AND ACCEPTANCE

INSPECTION AND ACCEPTANCE

All service and work performed under this contract shall be subject to inspection and acceptance by the designated Contracting Officer's Representative (COR) at any time during performance. If the COR determined that services, work or materials being furnished do not meet the required standards, the government reserves the right to have the work performed elsewhere, charging the contractor with costs involved, subject to the provisions of FAR 52.249-8.

SECTION F

DELIVERIES OR PERFORMANCE

F.1

CLAUSES INCORPORATED BY REFERENCE

(FAR 52.252-2) (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.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSE

NUMBER

DATE

TITLE

52.242-15

AUG 1989

STOP-WORK ORDER

52.242-17

APR 1984

GOVERNMENT DELAY OF WORK

52.247-35

APR 1984

F.O.B. DESTINATION, WITHIN

CONSIGNEE'S PREMISES

F.2

PERIOD OF PERFORMANCE

All work, including review and approval, shall be completed on or before December 29, 2017.

The contractor shall perform work during normal daytime work hours between 8:00 AM and 5:00 PM Monday through Friday. No work shall be performed on Federal Holidays or weekends unless approved in advance by the Contracting Officer. The contractor shall notify the Contracting Officer at least 48 hours in advance of any requests to work outside of the normal work day.

F.3

DESTINATION POINTS

Work shall be completed at the following:

National Park Service

Administrative Annex

230 Zachary Taylor Street Harpers Ferry, West Virginia 25425

SECTION G

CONTRACT ADMINISTRATION DATA

G.1

1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

A. The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

B. The Contracting Officer will designate a Contracting Officer’s Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor’s performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

C. The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor’s right to proceed; and

(5) Obligate in any way, the payment of money by the government.

D. The contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The contractor need not proceed with direction that it considers to have been issued without proper authority.

The contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the contractor considers to exceed the COR’s appointment, within three days of the occurrence. Unless otherwise provided in this contract, the contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in Paragraph C prior to receipt of the Contracting Officer’s response issued under Paragraph E of this clause.

E. The Contracting Officer shall respond in writing within 30 days to any notice made under Paragraph D of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

F. The contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

G. Any action(s) taken by the contractor, in response to any direction given by any person acting on behalf of the government or any government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the contractor’s risk.

G.2

CONTRACT ADMINISTRATION

Unless otherwise stated, all correspondence concerning this contract shall be directed to: National Park Service, Harpers Ferry Center, Office of Acquisition Management, P.O. Box 50, 67 Mather Place, Harpers Ferry, West Virginia 25425-0050.

G.3.

INVOICE REQUIREMENTS

Invoices shall be submitted electronically to the government office designated in this purchase order to receive invoices. To constitute a proper invoice, the invoice shall include the following information:

A.

Name and address of the contractor;

B.

Taxpayer Identification Number (TIN);

C.

Invoice number;

D.

Invoice date;

E.

Contract number and task order Number or other authorization for supplies delivered or services performed (including order number and contract line item number);

F.

Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed;

G.

Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms). Bill of lading number and weight of shipment will be shown for shipments on Government Bills of lading;

H.

Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment);

I.

Name (where practicable), title, phone number, and mailing address of person to be notified in event of a defective invoice;

J.

Any other information or documentation required by other requirements of the contract (such as evidence of shipment).

G.4

PAYMENT DUE DATE

Payments under this contract shall be due on the 30th calendar day after the latter of:

A.

The date of actual receipt of a proper invoice in the office designated to receive the invoice NOTE: THE GOVERNMENT WILL NOT TAKE RESPONSIBILITY FOR INVOICES MAILED OR HAND-CARRIED TO ANY OTHER ADDRESS; or, B.

The date the supplies or services are accepted by the government.

The date of the check or the date of an electronic funds transfer shall be considered the date payment is made.

G.5

PROMPT PAYMENT ACT

A.

The Prompt Payment Act, Public Law 97-117 (96 Stat. 85, 31 USC 1801), amended by Public Law 100-496, is applicable to payments under this contract and is hereby incorporated by reference. The full text, FAR 52.232-25 (OCT 2008), is available upon request.

NOTE: Paragraph a(6)(i) of the Prompt Payment Clause which states constructive acceptance will occur on the 7th day is hereby changed to read as follows:

"For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 30th day after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.”

Determination of interest due will be made in accordance with the provisions therein.

G.6 Payments Under Fixed-Price Construction Contracts

(FAR 52.232-5) (MAY 2014)

(a) Payment of price. The government shall pay the contractor the contract price as provided in this contract.

(b) Progress payments. The government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The contractor’s request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the contractor at locations other than the site also may be taken into consideration if --

(i) Consideration is specifically authorized by this contract; and

(ii) The contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c) Contractor certification. Along with each request for progress payments, the contractor shall furnish the following certification, or payment shall not be made: (However, if the contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that –

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor’s performance.

(Name) (Title) (Date) (d) Refund of unearned amounts. If the contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the “unearned amount”), the contractor shall --

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until –

(i) The date the contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(f) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as –

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or (2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

(g) Reimbursement for bond premiums. In making these progress payments, the government shall, upon request, reimburse the contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

(h) Final payment. The government shall pay the amount due the contractor under this contract after --

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and (3) Presentation of release of all claims against the government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the contractor’s claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 6305).

(i) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A “contract action” is any action resulting in a contract, as defined in FAR Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

(j) Interest computation on unearned amounts. In accordance with 31 U.S.C. 3903(c)(1), the amount payable under subparagraph (d)(2) of this clause shall be --

(1) Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned at the most recent auction of such bills prior to the date the contractor receives the unearned amount; and (2) Deducted from the next available payment to the contractor.

G.7

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INTERNET PAYMENT PLATFORM (IPP)

(SEPTEMBER 2011)

Payment requests shall be submitted electronically through the U.S. Department of the Treasury’s Internet Payment 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 shall comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause FAR 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:

The contract shall 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 three to five business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email at ippgroup@os.frb.org or via telephone at (866) 973-3131.

If the contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the contractor shall submit a waiver in writing to the Contractor Officer with its proposal or quotation.

G.7

WARRANTY

The contractor shall guarantee the workmanship against defects in work and material for a minimum of 30 years. The warranty period shall commence with final acceptance of work. This shall include all labor and parts at no additional cost to the government.

If during this warranty period, the government identifies defective workmanship, materials, or equipment, the contractor will be notified, in writing, as to liability and responsibility for corrective action at no cost to the government. Action may include, but is not limited to:

A.

Placing all work into satisfactory condition;

Making good all damages to equipment, the site, the building, or contents thereof, that have resulted from such unsatisfactory work; and

C.

Making good any work, materials, or equipment that are disturbed in fulfilling the guarantee including any work, material, or equipment that may have been guaranteed under another contract.

Should the contractor fail to proceed with work in accordance with the guarantee within seven calendar days from the Notice of Corrective Action(s), the government will have such work performed at the expense of the contractor.

In no event will the government be responsible for any extension or delays in the scheduled deliverables or periods of performance under this contract as a result of the contractor's obligations to correct defects, nor shall there be any adjustment of the delivery schedule or period of performance as a result of the correction of defects unless provided by a supplemental agreement with adequate consideration.

If the government returns any work to the contractor for correction or replacement under this contract, the contractor shall be liable for transportation charges up to an amount equal to the cost of transportation by the usual commercial method of shipment from the place of delivery specified in the contract (irrespective of the F.O.B. Point or the point of acceptance) to the contractor's plant and return to the place of delivery specified in the contract. The contractor shall also bear the responsibility for the work while in transit.

The contractor shall be liable for the reasonable costs, including travel of personnel, and disassembly and reassembly of larger items when it is necessary to remove the work to be inspected and returned for correction or replacement.

Warranties included in the contractor’s proposal will become a part of the resultant contract.

G.8

ADDITIONAL WORK

Any additional work not detailed in the order shall be approved, in writing, by the Contracting Officer.

G.9

LOSS OR DAMAGE

The contractor shall be liable for any loss or damage to any government property caused by negligence, theft, or willful misconduct of the contractor, his agents, servants, and employees, and shall indemnify and save the government harmless against all actions, proceedings, claims, demands, costs, damages, and expenses, including attorney’s fees, by reason of any suit or action brought for any actual or alleged injury to or resulting from the performance of this contract. The contractor shall submit a full written report to the Contracting Officer within 24 hours following the occurrence of such damage, loss, or injury.

If due to fault, neglect, dishonesty of the contractor, his agency or employees, loss or damage to government property is incurred during the performance of this contract, the contractor shall be responsible for same. The government, at its option, may in lieu of repayment, require the contractor to replace at his own expense, all such property as directed by the Contracting Officer. Until the equipment is repaired or replaced, the contractor shall furnish similar, adequate replacement property and/or equipment at no charge to the government, within two working days of the date the equipment has been lost, stolen, or damaged.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1

SITE VISIT (CONSTRUCTION)

(FAR 52.236) (FEB 1995) (ALTERNATE 1)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit will be scheduled for August 7, 2017 at 9:00 a.m. EST.

(c) Participants shall meet at: 67 Mather Place, Harpers Ferry, West Virginia 25425.

H.2

MAGNITUDE OF CONSTRUCTION

(FAR 36.204)

In accordance with FAR 36.204, Disclosure of Magnitude of Construction Projects, it is anticipated that the magnitude of this construction project shall be between $400,000.00 and $750,000.00.

H.3

SPECIAL CONDITIONS

A. The contractor shall adhere to the Noise Restrictions of the town of Harpers Ferry, West Virginia, which are in affect between the hours of 10:00pm to 8:00am. The contractor shall adhere to Attachment A – Codified Ordinances of Harpers Ferry, Part Five – General Offenses Code, Article 527, Noise.

B. The contractor shall be responsible for adhering to all safety regulations, including OSHA standards/regulations/procedures/policies, and the use of personal protective equipment.

C. The contractor shall be responsible for the proper handling and disposal of any hazardous materials in accordance with all policies and regulations.

D. The contractor shall verify all dimensions and general conditions in the field.

E. The contractor shall provide protective barriers to ensure safety during work and over nights and weekends.

F. The contractor shall clean up the work site on a daily basis. All debris and trash shall be removed from the site and properly disposed outside of government property.

G. The contractor shall stage and coordinate operations within an approved area. All buildings will be occupied during completion of work. The contractor shall ensure that employees and visitor traffic is safe around and near work sites. The contractor’s storage of materials and parking shall be limited to areas approved by the Contracting Officer.

H.

The contractor shall provide and maintain site protections to prevent any damage to government property. If any such damages occur, it shall be the contractor’s responsibility to make all repairs.

I.

The contractor shall provide portable restroom facilities for personnel use as restrooms will not be available in the park buildings.

SECTION I

CONTRACT CLAUSES

I.1

CLAUSES INCORPORATED BY REFERENCE

(FAR 52.252-2) (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 address:

https://www.acquisition.gov/far

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

FAR CLAUSE

TITLE

DATE OF CLAUSE

FAR CLAUSE

DATE OF CLAUSE

52.222-1

52.222-3

NOTICE TO THE GOVERNMENT OF LABOR DISPUTES

CONVICT LABOR

FEB 1997

JUN 2003

DATE OF CLAUSE

52.223-2

52.223-3 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS

HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA, ALTERNATE I

SEP 2013

JAN 1997

DATE OF CLAUSE

I.2

CLAUSES INCORPORATED BY FULL TEXT

UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS

FAR 52.209-9 (JUL 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments-

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by-

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for-

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

LIQUIDATED DAMAGES--CONSTRUCTION

FAR 52.211-12 (SEP 2000)

(a) If the contractor fails to complete the work within the time specified in the contract, the contractor shall pay liquidated damages to the Government in the amount of $500.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

DAVIS-BACON ACT--SECONDARY SITE OF THE WORK

FAR 52.222-5 (MAY 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

OZONE-DEPLETING SUBSTANCES

FAR 52.223-11 (JUN 2016)

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

“Global warming potential” means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon Dioxide’s global warming potential is defined as 1.0.

“High global warming potential hydrofluorocarbons” means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at (http://www.epa.gov/snap/ ).

“Hydrofluorocarbons” means compounds that only contain hydrogen, fluorine, and carbon.

“Ozone-depleting substance” means any substance the Environmental Protection Agency designates in 40 CFR Part 82 as--

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II , including, but not limited to hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), (d), and (e) and 40 CFR Part 82, Subpart E, as follows:

Warning Contains (or manufactured with, if applicable) *_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

* The Contractor shall insert the name of the substance(s).

(c) Reporting. For equipment and appliances that normally each contain 50 or more pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons, the Contractor shall—

(1) Track on an annual basis, between October 1 and September 30, the amount in pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons contained in the equipment and appliances delivered to the Government under this contract by—

(i) Type of hydrofluorocarbon (e.g., HFC-134a, HFC-125, R-410A, R-404A, etc.);

(ii) Contract number; and (iii) Equipment/appliance;

(2) Report that information to the Contracting Officer for FY16 and to www.sam.gov, for FY17 and after00

(i) Annually by November 30 of each year during contract performance; and

(ii) At the end of contract performance.

(d) The Contractor shall refer to EPA’s SNAP program (available at http://www.epa.gov/snap ) to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at http://www.epa.gov/snap .

BUY AMERICAN ACT—CONSTRUCTION MATERIALS

FAR 52.225-9 (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 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:

[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. 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.

(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

Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS

FAR 52.225-10 (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American-Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested-

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

AUTHORIZED DEVIATIONS IN CLAUSES

FAR 52.252-6 (APR 1984)

(a) The use in this…