R14PS00615__TEXT_RFP.pdf

Solicitation No. R14PS00615 P/G 7-12 Unit Switchgear Replacements, John W. Keys, III Pump-Generating Plant

Amendment 002

Contents (Revised) v

I.49. 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS

FOR CONSTRUCTION (FEB 1999) ................................................................. I-63

I.50. 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUL 2014) ............... I-68

I.51. 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH

DISABILITIES (OCT 2010) ............................................................................... I-68

I.52. 52.222-37 EMPLOYMENT REPORTS VETERANS (JUL 2014) .................... I-70

I.53. 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACT (DEC 2010) ..................................... I-71

I.54. 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009) ............ I-72

I.55. 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (AUG 2013) ...... I-75

I.56. 52.222·99, ESTABLISHING A MINIMUM WAGE FOR

CONTRACTORS (JUL 2014) (DEVIATION) ................................................... I-78

I.57. 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND

MATERIAL SAFETY DATA (JAN 1997) ALTERNATE I (JUL 1995) .......... I-79

I.58. 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION (MAY 2011) ........................................................................... I-80 I.59. 52.223-6 DRUG-FREE WORKPLACE (MAY 2001) ....................................... I-81

I.60. 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING (AUG 2011) ................................................. I-83

I.61. WBR 1452.223-80 ASBESTOS-FREE WARRANTY--BUREAU OF

RECLAMATION (OCT 1992) ........................................................................... I-84

I.62. WBR 1452.223-81 SAFETY AND HEALTH -- BUREAU OF

RECLAMATION (MAY 2010) .......................................................................... I-84

I.63. WBR 1452.223-82 PROTECTING FEDERAL EMPLOYEES AND THE

PUBLIC FROM EXPOSURE TO TOBACCO SMOKE IN THE

FEDERAL WORKPLACE–BUREAU OF RECLAMATION (DEC 2009) ...... I-85

I.64. DELETE.............................................................................................................. I-85

I.65. 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

(JUNE 2008) ....................................................................................................... I-88 I.66. 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007) ........................... I-89

I.67. 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND

COPYRIGHT INFRINGEMENT (DEC 2007) .................................................. I-89

I.68. 52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS

(DEC 2007) ......................................................................................................... I-90 I.69. 52.227-17 RIGHTS IN DATA - SPECIAL WORKS (DEC 2007) .................... I-90 I.70. 52.228-1 BID GUARANTEE (SEP 1996) ......................................................... I-91 I.71. 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997) ............................... I-92

I.72. 52.228-5 INSURANCE--WORK ON A GOVERNMENT

INSTALLATION (JAN 1997) ............................................................................ I-92 I.73. 52.228-11 PLEDGE OF ASSETS (JAN 2012) .................................................. I-93

I.74. 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR

BONDS (MAY 2014) ......................................................................................... I-94 vii

I.101. 52.236-8 OTHER CONTRACTS (APR 1984) (DEVIATION) ................................... I-127

I.102. 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984) ............................ I-127 I.103. 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984) ............................. I-127 I.104. 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984) .......... I-128 I.105. 52.236-12 CLEANING UP (APR 1984) ...................................................................... I-128

I.106. 52.236-13 ACCIDENT PREVENTION (NOV 1991) - ALTERNATE I (NOV

1991) ............................................................................................................................. I-129 I.107. 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984) ........ I-130

I.108. 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(FEB 1997)- ALTERNATE I (APR 1984) ................................................................... I-130 I.109. 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995) ................................ I-131

I.110. WBR 1452.236-84 PRESERVATION OF CULTURAL RESOURCES –

BUREAU OF RECLAMATION (FEB 2000) .............................................................. I-131

I.111. WBR 1452.237-80 SECURITY REQUIREMENTS – BUREAU OF

RECLAMATION (FEBRUARY 2011) ALTERNATE III (OCT 2006) ...................... I-133

I.112. PN REGION IMPLEMENTATION OF SECURITY REQUIREMENTS –

CONSTRUCTION CONTRACTS ............................................................................... I-144 I.113. 52.242-13 BANKRUPTCY (JUL 1995) ....................................................................... I-145 I.114. 52.243-4 CHANGES (JUNE 2007) .............................................................................. I-145 I.115. 52.243-6 CHANGE ORDER ACCOUNTING (APR 1984) ........................................ I-146

I.116. WBR 1452.243-80 MODIFICATION PROPOSALS -- BUREAU OF

RECLAMATION (DEC 2001) ALTERNATES IV (JUL 1998) .................................. I-146 I.117. 52.244-2 SUBCONTRACTS (OCT 2010) ................................................................... I-147 I.118. 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (OCT 2014) .................. I-150

I.119. 52.247-64 PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG

COMMERCIAL VESSELS (FEB 2006) ...................................................................... I-151

I.120. 52.248-3 VALUE ENGINEERING—CONSTRUCTION (OCT 2010) -

ALTERNATE I (APR 1984) ........................................................................................ I-154

I.121. 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(FIXED-PRICE) (APR 2012)-ALTERNATE I (SEP 1996) ......................................... I-157 I.122. 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984) ................... I-160 I.123. 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) ........................ I-161 I.124. 52.253-1 COMPUTER GENERATED FORMS (JAN 1991) ...................................... I-161

I.125. 52.225-21 REQUIRED USE OF AMERICAN IRON, STEEL, AND

MANUFACTURED GOODS—BUY AMERICAN STATUTE—

CONSTRUCTION MATERIALS (MAY 2014) .......................................................... I-162

PART III

LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J LIST OF ATTACHMENTS .......................................................................................... J-1 ix

L.12. FACSIMILE ACKNOWLEDGMENT OF AMENDMENTS,

MODIFICATIONS TO OFFERS, AND WITHDRAWALS OF OFFERS-

BUREAU OF RECLAMATION--PN REGION (APR 2007) ........................... L-18

L.13. NOTICE OF INTENT TO INCORPORATE CONTRACTOR'S

TECHNICAL PROPOSAL - BUREAU OF RECLAMATION - PN

REGION (MAR 2001) ....................................................................................... L-19

L.14. 52.216-1 TYPE OF CONTRACT (APR 1984) ................................................. L-19

L.15. NOTICE TO HUBZONE SMALL BUSINESS CONCERN OF A PRICE

EVALUATION ADJUSTMENT - BUREAU OF RECLAMATION - PN

REGION (APR 2001) ........................................................................................ L-19

L.16. 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—

SECONDARY SITE OF THE WORK (MAY 2014) ........................................ L-20

L.17. 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION

TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR

CONSTRUCTION (FEB 1999) ......................................................................... L-20

L.18. NON-DISCRIMINATION NOTICE TO U.S. DEPARTMENT OF THE

INTERIOR CONTRACTORS, SUBCONTRACTORS, AND LESSORS -

- BUREAU OF RECLAMATION -- PN REGION (JAN 2000) ....................... L-21

L.19. DELETE............................................................................................................. L-21

L.20. 52.233-2 SERVICE OF PROTEST – DEPARTMENT OF THE

INTERIOR (SEPT 2006) (DEVIATION) .......................................................... L-22

L.21. 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I

(FEB 1995) ......................................................................................................... L-23

L.22. 52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT

1997) .................................................................................................................. L-23

L.23. WBR 1452.236-85 INSTRUCTION FOR MOBILIZATION AND

PREPARATORY WORK SCHEDULE LINE ITEM -- BUREAU OF

RECLAMATION (MAY 2000) ......................................................................... L-24

L.24. 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) ........ L-24

L.25. 52.225-22 NOTICE OF REQUIRED USE OF AMERICAN IRON,

STEEL, AND MANUFACTURED GOODS—BUY AMERICAN

STATUTE—CONSTRUCTION MATERIALS (MAY 2014) ......................... L-24

SECTION M EVALUATION FACTORS FOR AWARD .................................................. M-1

M.1. WBR 1452.215-85 EVALUATION FACTORS FOR AWARD -

QUALITY PREDOMINANCE--BUREAU OF RECLAMATION (MAY

2005) ................................................................................................................... M-1

M.2. WBR 1452.225-80 EVALUATION FACTOR -- COST OF FOREIGN

INSPECTION SERVICE--BUREAU OF RECLAMATION (MAY 2000) ....... M-2

M.3. WBR 1452.225-82 NOTICE OF WORLD TRADE ORGANIZATION

GOVERNMENT PROCUREMENT AGREEMENT EVALUATIONS--

BUREAU OF RECLAMATION (MAY 2005) .................................................. M-2

P/G 7-12 Unit Switchgear Replacements, John W. Keys, III Pump Generating Plant Amendment 002

I-85(Revised)

(d) The Contractor shall submit a written proposed safety program in the form and time intervals prescribed in section 3 of the RSHS manual and amendments or revisions thereto in effect on the date of the solicitation.

(e) In addition to any other provisions in the contract, the Contractor shall comply with all safety and material data submittal requirements contained in the RSHS.

(f) The Contractor shall maintain an accurate record of, and shall report to the Contracting Officer (or authorized representative) in the manner prescribed by the Contracting Officer, all cases of death, occupational diseases, or traumatic injury to employees or the public involved, and property damage in excess of $2,500 occurring during performance of work under this contract.

(g) The rights and remedies of the Government provided in this clause are in addition to any other rights and remedies provided by law or under this contract.

(h) In the event there is a conflict between the requirements contained in any of the safety documents referenced herein, the more stringent requirement shall prevail.

I.63. WBR 1452.223-82 PROTECTING FEDERAL EMPLOYEES AND THE PUBLIC FROM

EXPOSURE TO TOBACCO SMOKE IN THE FEDERAL WORKPLACE–BUREAU OF

RECLAMATION (DEC 2009)

(a) In performing work under this contract, the contractor shall comply with the requirements of Executive Order 13058, dated August 9, 1997, which prohibits the smoking of tobacco products in all interior space owned, rented, or leased by the executive branch of the Federal Government, and in any outdoor areas under executive branch control in front of air intake ducts.

(b) In addition, pursuant to Federal Management Regulation (FMR) Bulletin 2009-B1, effective December 22, 2008, smoking is prohibited in courtyards and within 25 feet of doorways and air intake ducts on outdoor space under the jurisdiction, custody or control of GSA.

I.64. DELETE

Amendment 002

I-86(Revised)

THIS PAGE INTENTIONALLY LEFT BLANK

Amendment 002

I-87(Revised)

THIS PAGE INTENTIONALLY LEFT BLANK

I-88(Revised)

I.65. 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008)

(a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or

Amendment 002

I-162(Revised) version of the form provided there is no change to the name, content, or sequence of the data elements on the form and provided the form carries the agency form number and edition date.

(c) If the Contractor submits a computer generated version of a form that is different than the required form, then the rights and obligations of the parties will be determined based on the content of the required form.

I.125. 52.225-21 REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED

GOODS—BUY AMERICAN STATUTE—CONSTRUCTION MATERIALS (MAY

2014)

(a) Definitions. As used in this clause—

“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.

“Domestic construction material” means the following—

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

(The Buy American statute applies.)

(2) A manufactured construction material that is manufactured in the United States and, if the construction material consists wholly or predominantly of iron or steel, the iron or steel was produced in the United States. (Section 1605 of the Recovery Act applies.).

“Foreign construction material” means a construction material other than a domestic construction material. “Manufactured construction material” means any construction material that is not unmanufactured construction material.

“Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.

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

“Unmanufactured construction material” means raw material brought to the construction site for incorporation into the building or work that has not been—

Amendment 002

I-163(Revised)

(1) Processed into a specific form and shape; or

(2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials.

(b) Domestic preference. (1) This clause implements—

(i) Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by requiring, unless an exception applies, that all manufactured construction material in the project is manufactured in the United States and, if the construction material consists wholly or predominantly of iron or steel, the iron or steel was 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, except metallurgical processes involving refinement of steel additives); and

(ii) 41 U.S.C chapter 83, Buy American, by providing a preference for unmanufactured construction material mined or produced in the United States over unmanufactured construction material mined or produced in a foreign country.

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

(3) This requirement does not apply to the construction material or components listed by the Government as follows:

SF-6 GAS INSULATED 13.8 Kv GENERATOR CIRCUIT BREAKERS

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

(i) The cost of domestic construction material would be unreasonable;

(A) The cost of domestic manufactured construction material, when compared to the cost of comparable foreign manufactured construction material, is unreasonable when the cumulative cost of such material will increase the cost of the contract by more than 25 percent;

(B) The cost of domestic unmanufactured construction material is unreasonable when the cost of such material exceeds the cost of comparable foreign unmanufactured construction material by more than 6 percent;

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

(iii) The application of the restriction of section 1605 of the Recovery Act to a particular manufactured construction material would be inconsistent with the public interest or the

Amendment 002

I-164(Revised) application of the Buy American statute to a particular unmanufactured construction material would be impracticable or inconsistent with the public interest.

(c) Request for determination of inapplicability of Section 1605 of the Recovery Act or the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including—

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

(B) Unit of measure;

(C) Quantity;

(D) Cost;

(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)(4) of this clause.

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

(iii) The cost of construction material shall include all delivery costs to the construction site and any applicable duty.

(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 section 1605 of the Recovery Act or 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 cost of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

Amendment 002

I-165(Revised)

(3) Unless the Government determines that an exception to section 1605 of the Recovery Act or the Buy American statute applies, use of foreign construction material is noncompliant with section 1605 of the American Recovery and Reinvestment Act or the Buy American statute.

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

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description

Unit of Measure

Quantity

Price (Dollars)*

Item 1:

Foreign construction material

Domestic construction material

Item 2:

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. Include other applicable supporting information.]

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

Amendment 002

L-21(Revised) violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4.

Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the--

(1) Name, address, and telephone number of the subcontractor;

(2) Employer=s identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Grant County, Washington.

L.18. NON-DISCRIMINATION NOTICE TO U.S. DEPARTMENT OF THE INTERIOR

CONTRACTORS, SUBCONTRACTORS, AND LESSORS -- BUREAU OF

RECLAMATION -- PN REGION (JAN 2000)

Based upon law, Executive Order, or internal policy, the Department of the Interior prohibits discrimination in the workplace, including sexual harassment, based on race, color, national origin, sex, religion, disability, age, or sexual orientation. The Department urges its contractors, subcontractors, and lessors to develop and enforce comprehensive anti-discrimination policies for their places of work.

L.19. DELETE

L-22(Revised)

L.20. 52.233-2 SERVICE OF PROTEST – DEPARTMENT OF THE INTERIOR (SEPT 2006)

(DEVIATION)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer by obtaining written and dated acknowledgment of receipt from the address and official designated in block 7 of the Standard Form 1442 or block numbers 7 and 10 of the Standard Form 33. A copy of the protest served on the Contracting Officer shall be simultaneously furnished by the protester to the Assistant Solicitor for Procurement and Patents, Office of the Solicitor, Room 6511, U.S. Department of the Interior, 18th and C Streets, NW., Washington DC 20240.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

Amendment 002

L-24(Revised)

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words Ano proposal@ in the space provided for any item on which no price is submitted.

(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.

L.23. WBR 1452.236-85 INSTRUCTION FOR MOBILIZATION AND PREPARATORY

WORK SCHEDULE LINE ITEM -- BUREAU OF RECLAMATION (MAY 2000)

The Contracting Officer estimates that the Section B Mobilization and Preparatory Work schedule line item should not exceed 5 percent of the total bid price. Your attention is directed to contract clause WBR 1452.232-81 Payment for Mobilization and Preparatory Work, which reflects how the Government will pay for this line item, including how payment will be made when the price bid for this schedule line item is higher than the percentage stated herein.

L.24. 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Department of the Interior Acquisition Regulation (48 CFR Chapter 14) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

L.25. 52.225-22 NOTICE OF REQUIRED USE OF AMERICAN IRON, STEEL, AND

MANUFACTURED GOODS—BUY AMERICAN STATUTE—CONSTRUCTION

MATERIALS (MAY 2014)

(a) Definitions. “Construction material,” “domestic construction material,” “foreign construction material,” “manufactured construction material,” “steel,” and “unmanufactured construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Required Use of Iron, Steel, and Manufactured Goods—Buy American statute—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-21).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009

Amendment 002

L-25(Revised)

(Pub. L. 111-5) (Recovery Act) or 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 52.225-21 in the request. If an offeror has not requested a determination regarding the inapplicability of section 1605 of the Recovery Act or 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) If the Government determines that an exception based on unreasonable cost of domestic construction material applies in accordance with FAR 25.604, the Government will evaluate an offer requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American statute by adding to the offered price of the contract—

(i) 25 percent of the offered price of the contract, if foreign manufactured construction material is incorporated in the offer based on an exception for unreasonable cost of comparable manufactured domestic construction material; and

(ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on an exception for the unreasonable cost of comparable domestic unmanufactured construction material.

(2) If the solicitation specifies award on the basis of factors in addition to cost or price, the Contracting Officer will apply the evaluation factors as specified in paragraph (c)(1) of this provision and use the evaluated price in determining the offer that represents the best value to the Government.

(3) Unless paragraph (c)(2) of this provision applies, if two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of unreasonable cost of comparable domestic construction material.

(d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(3) of the clause at FAR 52.225-21, 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 cost comparison table prepared in accordance with paragraphs

(c) and (d) of the clause at FAR 52.225-21 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 FAR 52.225-21 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—

Amendment 002

L-26(Revised)

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

(ii) May be accepted if revised during negotiations.