Sol_140A0424R0006.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION CALL

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

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

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040671751

BIA RMRO 00004

2021 4tTH AVENUE NORTH

Contracting Office DOI Building

A04

BILLINGS MT 59101-1461

Mary King 4062477941

1x 07/19/2024

140A0424R0006

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

Solicitation for Renovation of Government Quarters 187. Contractor shall conduct renovations in the following areas as needed: Exterior areas Roof, Siding, Foundation, Storm Doors, Lighting and Decking. Interior areas: Lighting, Flooring, Walls, Kitchen, Bathrooms, Bedrooms, Basement, Gas Heating and Water Heater. In accordance with SOW for Quarters 187 Renovation Bureau of Indian Affairs Rocky

Mountain Region, Crow Agency, Montana

Quote Response Details: The quoter shall respond to this RFP via email response to:

Mary King@bia.gov no later than 1700 MDT Friday August 16, 2024.

Set-aside: 100% Indian Small Business Economic Enterprise (ISBEE)

All Contractors must comply with local TERO regulations by contacting TERO at Phone:

(406) 679-0414

11. The Contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

0 0 calendar days and complete it within ________________ ________________ calendar days after receiving

08/16/2024

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 12/2022)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES CODE AT

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

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

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

BY

2PAGE OF

28. NEGOTIATED AGREEMENT 29. AWARD

and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations,certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

10 U.S.C. 3204(a) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

and return

(Contractor is not required to sign this document.) Your offer on this

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 71

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A0424R0006

Delivery: 09/30/2024

Delivery Location Code: 0009792694

BIA CROW AGENCY

Weaver Drive, Bldg #2

Crow Agency MT 59022 US

00010 QTRS 187 Renovation

Product/Service Code: Z2FA

Product/Service Description: REPAIR OR ALTERATION

OF FAMILY HOUSING FACILITIES

Period of Performance: 08/20/2024 to 09/30/2024

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

Sponsored by GSA

FAR (48 CFR) 53.110

SECTION G – CONTRACT ADMINISTATION DATA

G.1. Department of the Interior Regulation (DIAR) Clauses/Provisions Incorporated by Full Text

• DIAR 1452.201-70 Authorities and Delegations (September 2011)

As prescribed in section 1401.670-1, insert the following clause:

(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;

(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 having 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 3 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.

(End of Clause)

G.2. Local Clauses

• Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (April 2013)

Payment requests must be submitted electronically through the U.S. Department of the Treasury's Invoice Processing Platform system (IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

• See FAR 52.232-10

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

END OF SECTION G – CONTRACT ADMINISTATION DATA

https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1. Local Clauses (Only Applicable to Indian Affairs)

• BACKGROUND INVESTIGATION

(a) In accordance with 25 U.S.C. 3201 (P.L. 101-630), Indian Child Protection and Family Violence Prevention Act; 42 U.S.C. 13041, Crime Control Act of 1990; 441 Departmental Manual, Personnel Security and Suitability Requirements all positions with duties and responsibilities involving regular contact with or control over Indian children are subject to a background investigation and determination of suitability for employment.

(b) Accordingly, all such positions require a favorable screening (applicant and suitability) determination made by the Bureau of Indian Affairs (BIA) Office of Indian Education Programs (OIEP), Personnel Security and Suitability Program; and a favorable background investigation determination conducted by the Office of Personnel Management (OPM).

(c) A favorable screening (applicant and suitability) determination must be made by the Bureau of Indian Affairs (BIA) Office of the Indian Education Programs (OIEP), Personnel Security and Suitability Program prior to contract award or made within 60 days of incorporation of this clause into a current/existing contract. Pending completion of a background investigation by OPM, the Contractor who has been granted a favorable screening (applicant and suitability) determination must be within the sight and under the supervision of a Government employee who has had a completed background investigation (42 U.S.C 13041 (3)) during contract performance until a final background investigation determination has been made.

(d) Prior employment with the Federal Government, including BIA, OIEP or the Bureau of Indian Affairs, does not assure that the appropriate screening or investigation was conducted, nor does it alleviate or guarantee a favorable screening (applicant and suitability) determination or background investigation.

(e) Prior to an award or during the 60 day period discussed in paragraph two, it is solely the company, individual or contractor's responsibility to contact the BIA, OIEP Personnel Security and Suitability Program at 505-563-5287/5288/5289/5294 in order to obtain a complete security package, which includes but is not limited to appropriate investigative forms and/or inquire about their previous investigation; and, obtain a screening (applicant and suitability) determination, and subsequent final background investigation.

(f) If an unfavorable screening (applicant and suitability) determination is made, a purchase order shall not be awarded to the individual who received an unfavorable screening or to the company who has proposed to employ the individual to perform the work. The individual and or the company who proposed to employ this individual may be determined to be non-responsible if an unfavorable screening (applicant and suitability) determinations is made, which will make them ineligible for purchase order award.

(g) If an unfavorable final background investigation determination is made, the purchase order may be terminated and the employee in question shall not be authorized to provide service to the BIA, OIEP, if the services involve contact with or regular control over Indian children.

(End of Local Clause)

END OF SECTION H – SPECIAL CONTRACT REQUIREMENTS

SECTION I – CONTRACT CLAUSES

I.1. Federal Acquisition Regulation (FAR) Clauses/Provisions Incorporated by Reference

• FAR 52.202-1 Definitions (June 2020)

• FAR 52.203-3 Gratuities (April 1984)

• FAR 52.203-5 Covenant Against Contingent Fees (May 2014)

• FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (June 2020)

Alternate I (November 2021)

• FAR 52.203-7 Anti-Kickback Procedures (June 2020)

• FAR 52.203-8 Cancellation, Recission, and Recovery of Funds for Illegal or Improper

Activity (May 2014)

• FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014)

• FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions

(June 2020)

• FAR 52.203-13 Contractor Code of Business Ethics and Conduct (November 2021)

• FAR 52.203-14 Display of Hotline Poster(s) (November 2021)

• FAR 52.203-15 Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009 (June 2010)

• FAR 52.203-16 Preventing Personal Conflicts of Interest (June 2020)

• FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To

Inform Employees of Whistleblower Rights (June 2020)

• FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (January 2017)

• FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

(May 2011)

• FAR 52.204-9 Personal Identity Verification of Contractor Personnel (January 2011)

• FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(June 2020)

• FAR 52.204-13 System for Award Management Maintenance (October 2018)

• FAR 52.204-14 Service Contract Reporting Requirements (October 2016)

• FAR 52.204-18 Commercial and Government Entity Code Maintenance (August 2020)

• FAR 52.204-19 Incorporation by Reference of Representations and Certifications

(December 2014)

• FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (November 2021)

• FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (November 2021)

• FAR 52.207-3 Right of First Refusal of Employment (May 2006)

• FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (November 2021)

• FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility

Matters (October 2018)

• FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

(November 2015)

• FAR 52.210-1 Market Research (November 2021)

• FAR 52.215-2 Audit and Records-Negotiation (June 2020)

• FAR 52.215-8 Order of Precedence-Uniform Contract Format (October 1997)

• FAR 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-

Modifications (June 2020)

• FAR 52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications (June

2020)

• FAR 52.215-21 Subcontractor Certified Cost or Pricing Data-Modifications (Nov 2021)

• FAR 52.216-4 Economic Price Adjustment – Labor and Material

• FAR 52.219-6 Notice of Total Small Business Set-Aside (November 2020)

• FAR 52.219-8 Utilization of Small Business Concerns (October 2018)

• FAR 52.219-14 Limitations on Subcontracting (September 2021)

• FAR 52.219-28 Post-Award Small Business Program Representation (September 2021)

• FAR 52.222-3 Convict Labor (June 2003)

• FAR 52.222-4 Contract Work Hours and Safety Standards-Overtime Compensation

(May 2018)

• FAR 52.222-5 Construction Wage Rate Requirements- Secondary Site of the Work

(May 2014)

• FAR 52.222-6 Construction Wage Rate Requirements (August 2018)

• FAR 52.222-7 Withholding of Funds (May 2014)

• FAR 52.222-8 Payrolls and Basic Records (July 2021)

• FAR 52.222-9 Apprentices and Trainees (July 2005)

• FAR 52.222-10 Compliance with Copeland Act Requirements (February 1988)

• FAR 52.222-11 Subcontractors (Labor Standards) (May 2014)

• FAR 52.222-12 Contract Termination-Debarment (May 2014)

• FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related

Regulations (May 2014)

• FAR 52.222-14 Disputes Concerning Labor Standards (February 1988)

• FAR 52.222-15 Certification of Eligibility (May 2014)

• FAR 52.222-21 Prohibition of Segregated Facilities (April 2015)

• FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment (February 1999)

• FAR 52.222-26 Equal Opportunity (September 2016)

• FAR 52.222-27 Affirmative Action Compliance Requirements for Construction (April

2015)

• FAR 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or

Separately Specified Method) (August 2018)

• FAR 52.222-31 Construction Wage Rate Requirements-Price Adjustment (Percentage

Method) (August 2018)

• FAR 52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual

Method) (August 2018)

• FAR 52.222-33 Notice of Requirement for Project Labor Agreement (May 2010)

Alternate I (May 2010)

Alternate II (May 2010)

• FAR 52.222-34 Project Labor Agreement (May 2010)

Alternate I (May 2010)

• FAR 52.222-37 Employment Reports on Veterans (June 2020)

• FAR 52.222-40 Notification of Employee Rights under the National Labor Relations

Act (December 2010)

• FAR 52.222-50 Combating Trafficking in Persons (November 2021)

• FAR 52.222-54 Employment Eligibility Verification (November 2021)

• FAR 52.222-55 Minimum Wages Under Executive Order 13658 (November 2020)

• FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (January 2017)

• FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and

Construction (September 2013)

• FAR 52.223-3 Hazardous Material Identification and Material Safety Data (February

2021)

• Alternate I (July 1995)

• FAR 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

• Alternate II (May 2011)

• FAR 52.223-6 Drug-Free Workplace (May 2001)

• FAR 52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (June 2016)

• FAR 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June 2016)

• FAR 52.223-15 Energy Efficiency in Energy-Consuming Products (May 2020)

• FAR 52.223-17 Affirmative Procurement of EPA-designated Items in Service and

Construction Contracts (August 2018)

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

(June 2020)

• FAR 52.223-19 Compliance with Environmental Management Systems (May 2011)

• FAR 52.223-21 Foams (June 2016)

• FAR 52.225-13 Restrictions on Certain Foreign Purchases (February 2021)

• FAR 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic

Enterprises (June 2000)

• FAR 52.227-1 Authorization and Consent (June 2020)

• FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

(June 2020)

• FAR 52.227-4 Patent Indemnity-Construction Contracts (December 2007)

• FAR 52.227-17 Rights in Data-Special Works (December 2007)

• FAR 52.227-23 Rights to Proposal Data (Technical) (June 1987)

• FAR 52.228-1 Bid Guarantee (Sept 1996)

• FAR 52.228-2 Additional Bond Security (October 1997)

• FAR 52.228-5 Insurance-Work on a Government Installation (January 1997)

• FAR 52.228-11 Individual Surety—Pledge of Assets (February 2021)

• FAR 52.228-12 Prospective Subcontractor Requests for Bonds (May 2014)

• FAR 52.228-13 Alternative Payment Protections (July 2000)

• FAR 52.228-14 Irrevocable Letter of Credit (November 2014)

• FAR 52.228-15 Performance and Payment Bonds-Construction (June 2020)

• FAR 52.229-1 State and Local Taxes (April 1984)

• FAR 52.229-2 North Carolina State and Local Sales and Use Tax (April 1984)

• FAR 52.229-3 Federal, State, and Local Taxes (February 2013)

• FAR 52.229-10 State of New Mexico Gross Receipts and Compensating Tax (April

2003)

• FAR 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014)

• FAR 52.232-16 Progress Payments (November 2021)

Alternate I (March 2000)

• FAR 52.232-17 Interest (May 2014)

• FAR 52.232-23 Assignment of Claims (May 2014)

• FAR 52.232-27 Prompt Payment for Construction Contracts (January 2017)

• FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management

(October 2018)

• FAR 52.232-37 Multiple Payment Arrangements (May 1999)

• FAR 52.232-39 Unenforceability of Unauthorized Obligations (June 2013)

• FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Dec 2013)

• FAR 52.233-1 Disputes (May 2014)

Alternate I (December 1991)

• FAR 52.233-3 Protest after Award (August 1996)

• FAR 52.233-4 Applicable Law for Breach of Contract Claim (October 2004)

• FAR 52.236-1 Performance of Work by the Contractor

• FAR 52.236-2 Differing Site Conditions

• FAR 52.236-3 Site Investigation and Conditions Affecting the Work

• FAR 52.236-5 Material and Workmanship

• FAR 52.236-6 Superintendence by the Contractor

• FAR 52.236-7 Permits and Responsibilities

• FAR 52.236-8 Other Contracts (April 1984)

• FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (April 1984)

• FAR 52.236-10 Operations and Storage Areas (April 1984)

• FAR 52.236-11 Use and Possession Prior to Completion (April 1984)

• FAR 52.236-12 Cleaning Up (April 1984)

• FAR 52.236-13 Accident Prevention (November 1991)

• FAR 52.236-14 Availability and Use of Utility Services (April 1984)

• FAR 52.236-15 Schedules for Construction Contracts (April 1984)

• FAR 52.236-16 Quantity Surveys (April 1984)

• FAR 52.236-17 Layout of Work (April 1984)

• FAR 52.236-21 Specifications and Drawings for Construction (February 1997)

• FAR 52.236-26 Preconstruction Conference (February 1995)

• FAR 52.242-13 Bankruptcy (July 1995)

• FAR 52.243-4 Changes (June 2007)

• FAR 52.243-7 Notification of Changes (January 2017)

• FAR 52.244-5 Competition in Subcontracting (December 1996)

• FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services

(November 2021)

• FAR 52.245-1 Government Property (September 2021)

• FAR 52.245-9 Use and Charges (April 2012)

• FAR 52.246-21 Warranty of Construction (May 1994)

Alternate I (April 1994)

• FAR 52.248-3 Value Engineering-Construction (October 2020)

Alternate I (April 1984)

• FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) (April

2012) Alternate I (September 1996)

• FAR 52.249-10 Default (Fixed-Price Construction) (April 1984) Alternate II (April 1984)

• FAR 52.250-1 Indemnification Under Public Law 85-804 (April 1984)

• FAR 52.253-1 Computer Generated Forms (Jan 1991)

I.2. Federal Acquisition Regulation (FAR) Clauses/Provisions Incorporated by Full Text

• FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008)

(a) Definitions. As used in this clause-

Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of "recovered material."

"Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall-

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to _____________________ [Contracting Officer complete in accordance with agency procedures].

(End of clause)

• FAR 52.225-9 Buy American–Construction Materials (October 2022)

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit.

Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-https://www.acquisition.gov/far/part-2#FAR_2_101

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

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

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 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.

Components of unknown origin are treated as foreign; or

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

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

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

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

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

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

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

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

(b) Domestic preference. (1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

________________________________________________[Contracting Officer to list applicable excepted materials or indicate "none"]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(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;

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_505

(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)*

Item1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item2: _______ _______ _______

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.]

• FAR 52.225-10 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.

https://www.acquisition.gov/far/part-52#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)

• FAR 52.225-11 Buy American-Construction Materials under Trade Agreements

(November 2021)

(a) Definitions. As used in this clause—

Caribbean Basin country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country;

or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

Commercially available off-the-shelf (COTS) item— https://www.acquisition.gov/far/part-52#FAR_52_225_9 https://www.acquisition.gov/far/part-52#FAR_52_225_9 https://www.gsa.gov/forms-library/solicitation-offer-and-award-construction-alteration-or-repair

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C.40102(4), such as agricultural 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 subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, https://www.acquisition.gov/far/part-2#FAR_2_101

Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St.

Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

“Designated country construction material" means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

Domestic construction material means—

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

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

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

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 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.

Components of unknown origin are treated as foreign; or

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

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

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

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

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

Free Trade Agreement country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

Least developed country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

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

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

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

WTO GPA country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials. (1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C.1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction material, excluding COTS fasteners. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.

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

(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate "none"]

(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. The cost of a particular domestic construction material subject to the restrictions of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_505

(iii) The construction…