RFP 26R9047.pdf

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Bldg HP51, HP53, HP55, HP57 Paint and Flooring Repairs
Solicitation number
N40085-26-R-9047
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This is a solicitation for paint and flooring repairs to four buildings (HP51, HP53, HP55, HP57) at MCB Camp Lejeune, North Carolina. The solicitation number is N40085-26-R-9047 with project number 21-0423. The work is a fixed-price construction contract with an estimated cost range between $1,000,000 and $5,000,000 and a completion deadline of 540 days after award. The basis for award is lowest price. Proposals are due July 29, 2026 at 2:00 PM EST and must be submitted via email to donna.l.mason31.civ@us.navy.mil. The proposal acceptance period is 60 days from receipt of offers. A mandatory site visit is scheduled for July 1, 2026 at 0900 at building HP51.

This is a restricted solicitation limited to four pre-qualified contractors holding the following NAVFAC indefinite-delivery contracts: T.E. Davis Construction Company (N40085-25-D-2516), Joyce & Associates Construction, Inc. (N40085-25-D-2517), Olympic Enterprises, Inc. (N40085-25-D-2518), and Quadrant Construction (N40085-25-D-2519). Bid bond requirements apply based on proposal value: none required for proposals under $35K; payment bond only for $35K to $149,999; and bid, payment, and performance bonds for $150K and greater. The contract is subject to Davis-Bacon prevailing wage requirements under General Decision NC20260010 effective 05/18/2026. Liquidated damages are assessed at $880 per calendar day. The facility will remain operational during construction, requiring the contractor to minimize interference with normal operations. Specifications and drawings are posted on SAM.gov. RFIs must be submitted by June 12, 2026 at 3:00 PM EST. Point of contact is Donna Mason at donna.l.mason31.civ@us.navy.mil.

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Bldg HP51, HP53, HP55, HP57 Paint and Flooring Repairs Solicitation No. N40085-26-R-9047 MCB Camp Lejeune, North Carolina Project No. 21-0423

6/29/2026

ROICC CAMP LEJEUNE

POC: Donna Mason Donna.l.mason31.civ@us.navy.mil

ONLY THE FOLLOWING LIST OF CONTRACTORS MAY SUBMIT A

PROPOSAL FOR THIS PROJECT:

N40085-25-D-2516 T.E. Davis Construction Company 1175 East Davis Rd.

Jacksonville, NC 28546 POC: Brandon Horne

(910) 353-3112 bhorne@tedavisconstruction.com

N40085-25-D-2517 Joyce & Associates Construction, Inc.

6994 HWY 70

Newport, NC 28570 POC: Robert Bittner

(252) 223-3171 robert@yoceandassoc.com

N40085-25-D-2518 Olympic Enterprises, Inc.

282 Hubert Blvd.

Hubert, NC 28539 POC: Mark Xanthos, Sr

(910) 389-1571 olympia1954@yahoo.com

N40085-25-D-2519 Quadrant Construction 116 Center Street Jacksonville, NC 28546 POC: Chris Whaley

(910) 937-0003 chriswhaley@qcenc.com mailto:bhorne@tedavisconstruction.com mailto:robert@yoceandassoc.com

GENERAL REQUIREMENTS

NAVFAC Solicitation No.: N40085-26-R-9047 Public Works Project No.: 21-0423

Title: Bldg HP51, HP53, HP55, HP57 paint and Flooring Repairs

Contract Completion Date: 540 days after award

Estimated Cost Range: Between $1,000,000 and $5,000,000

Wage Determination: General Decision Number: NC20230038 04/21/2023

Liquidated Damages: $880 per Calendar Day

Notes: One person may fill the roles of Superintendent, Quality Control Manager, and Safety and Health Officer, if duly qualified for all three positions as defined in the project specification.

Special Scheduling: The facility/activity will remain in operation during the entire construction period. The Contractor shall conduct his operations so as to cause the least possible interference with normal operations of the facility/activity.

Basis for Award: Lowest Price

Proposal Acceptance Period: 60 days from receipt of offers

Site Visit: Site visit scheduled for July 1, 2026 at 0900. Contractors shall meet at building HP51.

Bond Requirements: Bid bonds are required based on the dollar values listed below. If required, the bid bond should be 20% of the proposal amount. An electronic copy of your bid bond may be submitted with your proposal. Failure to submit a required bid bond by the deadline will result in your proposal being removed from consideration. Utilize the bond formats at FAR 53.300.

Payment and/or performance bond(s) will be requested at the time of award per the current process.

• No bonds are required for proposals less than $35K.

• Proposals valued at $35K and greater will require a payment bond only.

• Proposals valued at $150K and greater will require a bid bond, a payment bond, and a performance bond.

Proposal Due Date: July 29, 2026

2:00 PM EST

E-Mail Address for Proposals: donna.l.mason31.civ@us.navy.mil

Requests for Information (RFIs): RFIs must be submitted to donna.l.mason31.civ@us.navy.mil. The cut off for RFIs is June 12, 2026 by 3:00 PM EST in order to process all inquiries by the proposal due date.

The specifications and drawings are posted as attachments on https://sam.gov/.

“OFFERORS ARE ADVISED THAT FUNDING MAY NOT BECOME AVAILABLE. IF

FUNDS ARE NOT AVILABLE, NO AWARD WILL BE MADE AS RESULT OF THIS

SOLICITATION. OFFERORS WILL NOT BE REIMBURSED FOR ANY EFFORT OR

PROPOSAL COSTS RESULTING FROM THIS SOLICITATION.”

General Decision Number: NC20260010 05/18/2026

State: North Carolina

Construction Types: Building

Counties: North Carolina Counties of Onslow

Modification Number Publication Date 0 01/02/2026 1 05/18/2026

IRON0848-003 07/01/2025

Rates Fringes

IRONWORKER..........................................$ 29.75 18.00

PLUM0421-006 07/01/2023

Rates Fringes

PIPEFITTER..........................................$ 33.96 13.48

SUNC2018-010 08/08/2023

Rates Fringes

TRUCK DRIVER: DUMP TRUCK...........................$ 15.98 2.93

SHEET METAL WORKER..................................$ 19.67 13.27

ROOFER..............................................$ 18.26 4.38

PLUMBER.............................................$ 23.11 0.00

PAINTER.............................................$ 15.55 1.05

OPERATOR: ROLLER...................................$ 15.31 1.46

OPERATOR: GRADER/BLADE.............................$ 22.68 3.27

OPERATOR: FORKLIFT.................................$ 16.75 0.00

OPERATOR: BULLDOZER................................$ 17.54 2.63

OPERATOR: BACKHOE/EXCAVATOR/TRACKHOE...............$ 21.00 2.89

LABORER: PIPELAYER.................................$ 16.33 3.11

LABORER: MASON TENDER - CEMENT/CONCRETE............$ 15.26 0.00

LABORER: MASON TENDER - BRICK......................$ 13.17 0.00

LABORER: COMMON OR GENERAL.........................$ 11.98 0.81

FORM WORKER.........................................$ 14.51 1.88

ELECTRICIAN.........................................$ 22.15 5.93

CEMENT MASON/CONCRETE FINISHER......................$ 16.72 0.00

CARPENTER, EXCLUDES FORM WORK.......................$ 18.11 2.63

BRICKLAYER..........................................$ 19.13 0.00

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.

Note: Executive Order 13658 generally applies to contracts subject to the Davis-Bacon Act that were awarded on or between January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive Order 13658 does not apply to contracts subject only to the Davis-Bacon Related Acts regardless of when they were awarded. If a contract is subject to Executive Order 13658, the contractor must pay all covered workers at least $13.65 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract from May 11, 2026, through December 31, 2026. The applicable Executive Order minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).

The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate.

Union Rate Identifiers

A four-letter identifier beginning with characters other than SU , UAVG , SA , or SC denotes that a union rate was prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers.

0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate.

Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification.

Union Average Rate Identifiers

The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE:

UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio.

The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate.

A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based.

Survey Rate Identifiers

The SU identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier.

SU wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1).

State Adopted Rate Identifiers

The SA identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination.

The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the SA identifier took effect under state law in the state from which the rates were adopted.

WAGE DETERMINATION APPEALS PROCESS

1) Has there been an initial decision in the matter? This can be:

a) a survey underlying a wage determination

b) an existing published wage determination

c) an initial WHD letter setting forth a position on a wage determination matter

d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to:

Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations.

Requests can be submitted via email to BCWD-Office@dol.gov or by mail to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).

Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210.

END OF GENERAL DECISION

52.225-10 Notice of Buy American Requirement-Construction Materials.

As prescribed in 25.1102(b)(1), insert the following provision:

Notice of Buy American Requirement-Construction Materials (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 FAR 52.225-9 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.

(End of Provision)

General Decision Number: NC20260010 05/18/2026
State: North Carolina
Construction Types: Building
Counties: North Carolina Counties of Onslow
Modification Number Publication Date
0 01/02/2026
1 05/18/2026
IRON0848-003 07/01/2025
Rates Fringes
IRONWORKER..........................................$ 29.75 18.00
----------------------------------------------------------------
PLUM0421-006 07/01/2023
Rates Fringes
PIPEFITTER..........................................$ 33.96 13.48
----------------------------------------------------------------
SUNC2018-010 08/08/2023
Rates Fringes
TRUCK DRIVER: DUMP TRUCK...........................$ 15.98 2.93
SHEET METAL WORKER..................................$ 19.67 13.27
ROOFER..............................................$ 18.26 4.38
PLUMBER.............................................$ 23.11 0.00
PAINTER.............................................$ 15.55 1.05
OPERATOR: ROLLER...................................$ 15.31 1.46
OPERATOR: GRADER/BLADE.............................$ 22.68 3.27
OPERATOR: FORKLIFT.................................$ 16.75 0.00
OPERATOR: BULLDOZER................................$ 17.54 2.63
OPERATOR: BACKHOE/EXCAVATOR/TRACKHOE...............$ 21.00 2.89
LABORER: PIPELAYER.................................$ 16.33 3.11
LABORER: MASON TENDER - CEMENT/CONCRETE............$ 15.26 0.00
LABORER: MASON TENDER - BRICK......................$ 13.17 0.00
LABORER: COMMON OR GENERAL.........................$ 11.98 0.81
FORM WORKER.........................................$ 14.51 1.88
ELECTRICIAN.........................................$ 22.15 5.93
CEMENT MASON/CONCRETE FINISHER......................$ 16.72 0.00
CARPENTER, EXCLUDES FORM WORK.......................$ 18.11 2.63
BRICKLAYER..........................................$ 19.13 0.00
----------------------------------------------------------------
----------------------------------------------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at https://www.dol.gov/agencies/whd/government-contracts.
Note: Executive Order 13658 generally applies to contracts subject
to the Davis-Bacon Act that were awarded on or between January 1,
2015 and January 29, 2022, and that have not been renewed or
extended on or after January 30, 2022. Executive Order 13658 does
not apply to contracts subject only to the Davis-Bacon Related Acts
regardless of when they were awarded. If a contract is subject to
Executive Order 13658, the contractor must pay all covered workers
at least $13.65 per hour (or the applicable wage rate listed on this
wage determination, if it is higher) for all hours spent performing on
the contract from May 11, 2026, through December 31, 2026. The
applicable Executive Order minimum wage rate will be adjusted annually.
Additional information on contractor requirements and worker
protections under Executive Order 13658 is available at
www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (iii)).
-----------------------------------------------------------------------------------------------------
The body of each wage determination lists the classifications
and wage rates that have been found to be prevailing for the
type(s) of construction and geographic area covered by the wage
determination. The classifications are listed in alphabetical
order under rate identifiers indicating whether the particular
rate is a union rate (current union negotiated rate), a survey
rate, a weighted union average rate, a state adopted rate, or a
supplemental classification rate.
Union Rate Identifiers
A four-letter identifier beginning with characters other than
SU , UAVG , SA , or SC denotes that a union rate was
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2024. PLUM is an identifier of the union
whose collectively bargained rate prevailed in the survey for
this classification, which in this example would be Plumbers.
0198 indicates the local union number or district council
number where applicable, i.e., Plumbers Local 0198. The next
number, 005 in the example, is an internal number used in
processing the wage determination. The date, 07/01/2024 in the
example, is the effective date of the most current negotiated
rate.
Union prevailing wage rates are updated to reflect all changes
over time that are reported to WHD in the rates
in the collective bargaining agreement (CBA) governing the
classification.
Union Average Rate Identifiers
The UAVG identifier indicates that no single rate prevailed for
those classifications, but that 100% of the data reported for
the classifications reflected union rates. EXAMPLE:
UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a
weighted union average rate. OH indicates the State of Ohio.
The next number, 0010 in the example, is an internal number
used in producing the wage determination. The date, 01/01/2024
in the example, indicates the date the wage determination was
updated to reflect the most current union average rate.
A UAVG rate will be updated once a year, usually in January, to
reflect a weighted average of the current rates in the
collective bargaining agreements on which the rate is based.
Survey Rate Identifiers
The SU identifier indicates that either a single non-union
rate prevailed (as defined in 29 CFR 1.2) for this
classification in the survey or that the rate was derived by
computing a weighted average rate based on all the rates
reported in the survey for that classification. As a weighted
average rate includes all rates reported in the survey, it may
include both union and non-union rates. Example: SUFL2022-007
6/27/2024. SU indicates the rate is a single non-union
prevailing rate or a weighted average of survey data for that
classification. FL indicates the State of Florida. 2022 is the
year of the survey on which these classifications and rates are
based. The next number, 007 in the example, is an internal
number used in producing the wage determination. The date,
6/27/2024 in the example, indicates the survey completion date
for the classifications and rates under that identifier.
SU wage rates typically remain in effect until a new survey
is conducted. However, the Wage and Hour Division (WHD) has the
discretion to update such rates under 29 CFR 1.6(c)(1).
State Adopted Rate Identifiers
The SA identifier indicates that the classifications and
prevailing wage rates set by a state (or local) government were
adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007
01/03/2024. SA reflects that the rates are state adopted. ME
refers to the State of Maine. 2023 is the year during which the
state completed the survey on which the listed classifications
and rates are based. The next number, 007 in the example, is an
internal number used in producing the wage determination.
The date, 01/03/2024 in the example, reflects the date on which
the classifications and rates under the SA identifier took
effect under state law in the state from which the rates were
adopted.
-----------------------------------------------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1) Has there been an initial decision in the matter? This can
be:
a) a survey underlying a wage determination
b) an existing published wage determination
c) an initial WHD letter setting forth a position on
a wage determination matter
d) an initial conformance (additional classification
and rate) determination
On survey related matters, initial contact, including requests
for summaries of surveys, should be directed to the WHD Branch
of Wage Surveys. Requests can be submitted via email to
davisbaconinfo@dol.gov or by mail to:
Branch of Wage Surveys
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
Regarding any other wage determination matter such as
conformance decisions, requests for initial decisions should be
directed to the WHD Branch of Construction Wage Determinations.
Requests can be submitted via email to BCWD-Office@dol.gov or
by mail to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2) If an initial decision has been issued, then any interested
party (those affected by the action) that disagrees with the
decision can request review and reconsideration from the Wage
and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Requests for review and reconsideration can be submitted via
email to dba.reconsideration@dol.gov or by mail to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and any information (wage payment
data, project description, area practice material, etc.) that
the requestor considers relevant to the issue.
3) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210.
================================================================
END OF GENERAL DECISION
52.225-10 Notice of Buy American Requirement-Construction Materials.
As prescribed in 25.1102(b)(1), insert the following provision:
Notice of Buy American Requirement-Construction Materials (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 "Bu...
(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...
(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...
(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 ...
(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 constructi...
(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 offe...
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction m...
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
(End of Provision)

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