Sol_140FC124Q0023.pdf
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- Attached to
- TN DALE HOLLOW NFH FISH REARING BUILDING
- Solicitation number
- 140FC124Q0023
About this file
This document is a revised solicitation for construction of a fish rearing building with a concrete slab at the Dale Hollow National Fish Hatchery in Celina, Tennessee. The purpose of the amendment is to update the Statement of Work, Terms and Conditions, Questions and Answers attachment, and Bid Schedule.
The construction project is set aside for small businesses, with a firm-fixed-price contract valued between $100,000 and $250,000. The revised solicitation closes on July 9, 2024, and the period of performance is July 15, 2024 to March 14, 2025. Key requirements include furnishing all labor, materials, equipment, and supervision to construct the fish rearing building and slab per the updated Statement of Work. Offerors must submit a technical proposal demonstrating their understanding and approach, as well as details on key personnel, past experience, and pricing.
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Other files
| File | Type | Posted |
|---|---|---|
| Amend3_Attch2_UpdatedQuestionsAnswers_7-1-2024.pdf | ||
| Amend3_Attch4_GeneralDecision_TN20240154_240322_5pp.pdf | ||
| Amend3_Attch3_PriceSchedule_v4.xlsx | XLSX spreadsheet | |
| Amend3_Attch1_SOW_HatcheryFishBarn_updated_7-1-2024.pdf |
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(x)
140FC124Q0023
x x
1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE
RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR
OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
x
FC1
Falls Church VA 22041 5275 Leesburg Pike FWS, Construction A/E Tea FWS, Constr A/E 1
004065457707/01/2024
13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
FACILITY CODE CODE
10B. DATED (SEE ITEM 13)
10A. MODIFICATION OF CONTRACT/ORDER NO.
9B. DATED (SEE ITEM 11)
9A. AMENDMENT OF SOLICITATION NO.
CODE
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)
7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY
PAGE OF PAGES
4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)
1. CONTRACT ID CODE
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
07/01/2024
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.
ORDER NO. IN ITEM 10A.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
TN Dale Hollow NFH PPR2031303 LR 4
This is Amendment 3 to 140FC124R0045. The purpose of this amendment is to update the
Statement of Work (SOW). The SOW was refined for clarity, dropping off some unnecessary options and providing better information about the other options. The Terms and Conditions, Questions and Answers attachment and Bid Schedule have also been updated to reflect the changes.
The original solicitation closed on May 2, 2024. The deadline for this amendment is July 9, 2024.
Continued ...
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)
15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED
(Signature of person authorized to sign) (Signature of Contracting Officer)
Nicole Johnson
STANDARD FORM 30 (REV. 11/2016)
Prescribed by GSA FAR (48 CFR) 53.243
Previous edition unusable
Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 38
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140FC124Q0023
Please see attachments.
1. Updated Statement of Work, Revision 3, dated
7/1/2024
2. Updated Questions and Answers, dated 7/1/2024
3. Price Schedule v4
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
Period of Performance: 07/15/2024 to 03/14/2025
00010 Fish Rearing Building and Concrete Slab
The Contractor shall furnish all labor, materials, equipment, and supervision required, in accordance with the attached documents.
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
140FC124R0045
Revision 3 – 7/01/2024
USFWS TN – Dale Hollow NFH Fish Rearing Building with Concrete Slab
Section Title
Part I—The Schedule
A Solicitation/Contract Form
B Prices
C Description/Specifications/Statement of Work
D Packaging and Marking
E Inspection and Acceptance
F Project Delivery
G Contract Administration Data
H Special Contract Requirements
Part II—Contract Clauses
I Contract Clauses
Part III—List of Documents, Exhibits, and Other Attachments
J List of Attachments
Part IV—Representations and Instructions
K Representations, Certifications, and other Statements of Offerors
L Instructions, Conditions, and Notices to Offerors
M Evaluation Factors for Award
USFWS TN – Dale Hollow NFH
SECTION A – Solicitation / Contract Form
Please refer to Standard Form 1442
Project Title: Fish Rearing Building with Concrete Slab
Location: Dale Hollow National Fish Hatchery 145 Fish Hatchery Rd Celina, TN 38551
Magnitude of Construction Price Range: Between $100,000.00 and $250,000.00
Contract Type: FIRM FIXED PRICE
Set Aside: Total Small Business
(End of Section A)
USFWS TN – Dale Hollow NFH
SECTION B – PRICES (BID SCHEDULE)
Name of Firm: ________________________________________________________________________
Address: ____________________________________________________________________________
City: __________________________________ State: ___________ Zip Code: ___________________
Unique Entity ID (12 Digits assigned by SAM.gov) __________________ CAGE Code: _______________
Name and Title of Firm’s Point of Contact: _________________________________________________
Phone Number: ________________________ Email Address: _________________________
This requirement is for one (1) Firm Fixed Price Construction contract to provide and erect a building in accordance with the Statement of Work at Dale Hollow National Fish Hatchery located in Celina, TN (Clay County).
Item no. Item Description Quantity Unit of Measure Unit Price Total
0001 Mobilization 1 LS $ $ 0002 Building 1 LS $ $ 0003 Labor 1 LS $ $ 0004 Site Preparation 1 LS
GRAND TOTAL $
LS = lump sum
(End of Section B)
USFWS TN – Dale Hollow NFH
SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
The Contractor shall furnish all labor, materials, equipment, and supervision required for the location described in the Statement of Work. See attachment 1.
(End of Section C)
SECTION D – PACKAGING AND MARKING
D.1.0 PAYMENT OF POSTAGE FEES
All postage and fees related to submitting information forms, reports, etc., to the Contracting Officer (CO) or the Contracting Officer's Technical Representative (COTR) shall be paid by the contractor.
D.2.0 MARKING
All information submitted to the CO or the COTR shall clearly indicate the Contract Number of the contract for which the information is being submitted.
(End of Section D)
SECTION E – INSPECTION AND ACCEPTANCE
The following clauses are incorporated by reference:
52.246-12 INSPECTION OF CONSTRUCTION AUG 1996
(End of Section E)
SECTION F – PROJECT DELIVERY
F.1.0 PERIOD OF PERFORMANCE
See clause 52.211-10 in this section.
F.2.0 PROGRESS PLAN
At the prework conference, the Contractor shall provide to the COTR a written "work progress plan" that details its proposed work force and schedule to provide for orderly completion of the work within the contract performance time. This work schedule must be acceptable to the Government. At a minimum, the schedule must reflect a work progress rate equal to the available amount of contract performance time.
52.242-14 SUSPENSION OF WORK APR 1984
USFWS TN – Dale Hollow NFH
The following clauses are provided in full text:
52.211-10 – COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 60 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and
(c) complete the entire work ready for use not later than 180 calendar days after the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.
(End of Clause)
(End of Section F)
SECTION G – CONTRACT ADMINISTRATION DATA
1. CONTRACT REPRESENTATIVE
Contracting Officer (CO) responsible for this contract:
Nicole Johnson, Contract Specialist Email: nicole_c_johnson@fws.gov Phone: 571-547-3470
Contracting Officer's Technical Representative (COTR) for this contract:
To be determined at time of award.
Site Representative:
Thomas Reeves Email: thomas_reeves@fws.gov Phone: 931-243-2443 Mobile: 360-362-9255
2. ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)
(FEB 2021)
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:
1. Invoice billed according to contract line items and rates.
mailto:nicole_c_johnson@fws.gov mailto:thomas_reeves@fws.gov https://www.ipp.gov/
USFWS TN – Dale Hollow NFH
2. Certified payrolls and Statement of Compliance in accordance with clause 52.222-8.
3. If the partial payment is billed and the invoice states a lump sum, the invoice shall include an itemized breakdown and narrative progress summary of the work performed during this invoice period.
4. If final payment is billed, the last invoice shall state “FINAL”.
5. Contractor’s Release of Claims shall be submitted with the final invoice.
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 St. Louis (FRBSTL) 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 IPPCustomerSupport@fiscal.treasury.gov 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)
SECTION H – SPECIAL CONTRACT REQUIREMENTS
H.1.0 WORK HOURS
Unless otherwise specified in Section C, work hours under this contract shall be limited to the time between one-half hour before sunrise to one-half hour after sunset each day. No work will be performed on Saturday, Sunday, or Federal holidays unless authorized by the COTR.
H.2.0 ENVIRONMENTAL INTERRUPTION OF WORK
H.2.1 Environmental - The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions, fire danger, or because it is impracticable to work during the winter season. The Contractor will be given a resume work order which will document the date the work suspension ends. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration. An allowance has been included in the contract time for environmental delays. The count of contract time will therefore continue during all periods of suspension due to normal weather conditions, including fire danger. The Contractor will not be entitled to additional contract time for any suspensions except to the extent that they are due to unusually severe weather conditions.
H.2.2 Endangered Species - The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, are discovered to be present in or adjacent to the project area.
H.3.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA
USFWS TN – Dale Hollow NFH
H.3.1 Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.
H.3.2 The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data the contractor will notify the Contracting Officer immediately in writing giving the location and nature of the findings.
H.3.3 Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in Section I of this contract.
H.3.4 The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.
H.4.0 SUBSTITUTION – PROCESSION OF WORK
Any proposed key personnel, minimum qualifications for incoming or replacement key personnel, subcontractors, processes, procedures or materials included in the quotation are hereby incorporated into the contract. Performance shall be limited to the personnel, qualifications, firms, procedures, and materials that were specifically identified in the RFP response. The Contractor shall obtain the Contracting Officer’s written consent before making any substitutions or changes. All substitutions or replacements shall comply with the terms and conditions of the contract.
H.5.0 ENVIRONMENTAL IMPACT
All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C.
1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ); the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ).
Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.
H.6.0 GREEN PROCUREMENT REQUIREMENTS
In the performance of this construction contract, the Contractor shall make maximum use of products identified on the mandatory environmental purchasing list at the following links, as applicable:
USFWS TN – Dale Hollow NFH
• U.S. EPA Comprehensive Procurement Guidelines published at www.epa.gov/cpg/products.htm.
• USDA Biobased product listings published at www.biopreferred.gov.
• Energy Star® product listings published at www.energystar.gov/products.
• FEMP Low Standby Power product listings published at http://energy.gov/eere/femp/covered-product-categories
Contractor shall comply with all reporting requirements of the following clauses when applicable (See Clause and Provision sections):
• 52.223-1 Biobased Product Certification
• 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction
Contracts
• 52.223-4 Recovered Material Certification
• 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items
• 52.223-15 Energy Efficiency in Energy Consuming Products
• 52.223-17 Affirmative Procurement of EPA Designated Items in Service and Construction
Contracts
H.7.0 UNAUTHORIZED PERSONNEL
The contractor shall inform all personnel working under their jurisdiction (including subcontractor and visiting supplier personnel) that access to restricted areas outside of the immediate work area; excluding direct haul and access routes, contracting and Civil Engineering offices and points of supply and storage; is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.
H.8.0 DAVIS-BACON WAGE RATES APPLICABLE TO TRUCK DRIVERS
29 CFR 5.2(j) limits coverage of construction contractor or subcontractor employees performing as truck drivers under the Davis-Bacon Act (FAR 52.222-6) to only their time spent directly upon the "site of the work" or when hauling between the site of the work and a facility which is dedicated to and located in the proximity of the actual construction location. Other transportation of materials or supplies to or from the site of work by employees of the construction contractor or subcontractor is not “construction” at the site of work and accordingly is not subject to the Davis-Bacon Act.
H.9.0 FIRE DANGER SEASON
If the COTR allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COTR.
(End of Section H) http://www.epa.gov/cpg/products.htm http://www.bioprefferd.gov/ http://www.energystar.gov/products http://energy.gov/eere/femp/covered-product-categories
USFWS TN – Dale Hollow NFH
SECTION I – CONTRACT CLAUSES
Clause Title Date
52.203-7 ANTI-KICKBACK PROCEDURES JUN 2020
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND
CERTIFICATIONS
DEC 2014
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC
CORPORATIONS
NOV 2015
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE NOV 2020
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION MAR 2023
52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS AUG 2018
52.222-7 WITHHOLDING OF FUNDS MAY 2014
52.222-8 PAYROLLS AND BASIC RECORDS JUL 2021
52.222-9 APPRENTICES AND TRAINEES JULY 2005
52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS FEB 1988
52.222-11 SUBCONTRACTS (LABOR STANDARDS) MAY 2014
52.222-12 CONTRACT TERMINATION – DEBARMENT MAY 2014
52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS
AND RELATED REGULATIONS
MAY 2014
52.222-14 DISPUTES CONCERNING LABOR STANDARDS FEB 1988
52.222-15 CERTIFICATION OF ELIGIBILITY MAY 2014
52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR
CONSTRUCTION
APR 2015
52.222-54 EMPLOYEE ELIGIBILITY VERIFICATION MAY 2022
52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER
SERVICE AND CONSTRUCTION CONTRACTS
SEPT 2013
52.223-6 DRUG-FREE WORKPLACE MAY 2001
52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN
SERVICE AND CONSTRUCTION CONTRACTS
AUG 2018
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING
WHILE DRIVING
JUN 2020
52.227-4 PATENT INDEMNITY-CONSTRUCTION CONTRACTS DEC 2007
52.228-2 ADDITIONAL BOND SECURITY OCT 1997
52.228-11 INDIVIDUAL SURETY - PLEDGES OF ASSETS FEB 2021
52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS DEC 2022
52.228-14 IRREVOCABLE LETTER OF CREDIT NOV 2014
52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS MAY 2014
52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS JAN 2017
52.236-2 DIFFERING SITE CONDITIONS APR 1984
52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK APR 1984
52.236-5 MATERIAL AND WORKMANSHIP APR 1984
52.236-6 SUPERINDENDENCE BY THE CONTRACTOR APR 1984
USFWS TN – Dale Hollow NFH
52.236-7 PERMITS AND RESPONSIBILITIES NOV 1991
52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,
UTILITIES, AND IMPROVEMENTS
APR 1984
52.236-10 OPERATIONS AND STORAGE AREAS APR 1984
52.236-12 CLEANING UP APR 1984
52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES APR 1984
52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995
52.243-5 CHANGES AND CHANGED CONDITIONS APR 1984
52.245-1 GOVERNMENT PROPERTY – Alternate I SEP 2021
52.245-9 USE AND CHARGES APR 2012
52.246-21 WARRANTY OF CONSTRUCTION MAR 1994
The following clauses are provided in full text:
52.213-4 – TERMS AND CONDITIONS – SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES)(FEB 2024)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).
(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(iv) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328), unless the agency grants an exception - see paragraph (b) of 52.204-27.
(v) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) (Pub. L. 115–390, title II).
(vi) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).
(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26
USFWS TN – Dale Hollow NFH
(ix) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(x) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(xi) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C.3553).
(xii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) ( Pub. L. 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(2) Listed below are additional clauses that apply:
(i) 52.232-1, Payments (APR 1984).
(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).
(iii) 52.232-11, Extras (APR 1984).
(iv) 52.232-25, Prompt Payment (JAN 2017).
(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).
(vi) 52.233-1, Disputes (MAY 2014).
(vii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (DEC 2023).
(viii) 52.253-1, Computer Generated Forms (JAN 1991).
(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
(ii) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)(Pub. L. 109-282) ( 31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).
(iii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024) (E.O.
13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 2.101 on the date of award of this contract).
https://www.acquisition.gov/far/52.225-13#FAR_52_225_13 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 https://www.govinfo.gov/link/plaw/108/public/77 https://www.govinfo.gov/link/uscode/19/3805 https://www.acquisition.gov/far/52.232-1#FAR_52_232_1 https://www.acquisition.gov/far/52.232-8#FAR_52_232_8 https://www.acquisition.gov/far/52.232-11#FAR_52_232_11 https://www.acquisition.gov/far/52.232-25#FAR_52_232_25 https://www.acquisition.gov/far/52.232-39#FAR_52_232_39 https://www.acquisition.gov/far/52.233-1#FAR_52_233_1 https://www.acquisition.gov/far/52.244-6#FAR_52_244_6 https://www.acquisition.gov/far/52.253-1#FAR_52_253_1 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/4.1403#FAR_4_1403 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/2.101#FAR_2_101
USFWS TN – Dale Hollow NFH
(iv) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment., Contracts for
Materials, Supplies, Articles, and Equipment (JUN 2020) ( 41 U.S.C.chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).
(v) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).
(vi) 52.222-36, Equal Employment for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)
(vii) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).
(viii) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).
(ix)
(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).
(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).
(x) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.))).
(xi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.)) https://www.acquisition.gov/far/52.222-20#FAR_52_222_20 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/22.1303#FAR_22_1303 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/22.1408#FAR_22_1408 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/22.1303#FAR_22_1303 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-chapter67-front&num=0&edition=prelim https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-55#FAR_52_222_55 https://www.acquisition.gov/far/52.222-6#FAR_52_222_6 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 https://www.acquisition.gov/far/52.222-62#FAR_52_222_62 https://www.acquisition.gov/far/52.222-6#FAR_52_222_6 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41
USFWS TN – Dale Hollow NFH
(xii) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423)
(Applies to services performed on Federal facilities).
(xiii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).
(xiv) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).
(xv) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) ( 42 U.S.C.
8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be-
(A) Delivered;
(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;
(C) Furnished by the Contractor for use by the Government; or
(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).
(xvi) 52.223-20, Aerosols (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).
(xvii) 52.223-21, Foams (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.
(xviii)
(A) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in 2.101 on the date of award of this contract, and the acquisition-
(1) Is set aside for small business concerns; or
(2) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $50,000).
https://www.acquisition.gov/far/52.223-5#FAR_52_223_5 https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://www.acquisition.gov/far/23.804#FAR_23_804 https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://www.acquisition.gov/far/52.223-15#FAR_52_223_15 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/23.204#FAR_23_204 https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/19.502-2#FAR_19_502_2
USFWS TN – Dale Hollow NFH
(B) Alternate I (OCT 2022) (Applies if the Contracting Officer has filled in the domestic content threshold below, which will apply to the entire contract period of performance. Substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of domestic end product in paragraph (a) of 52.225-1: (A) The cost of its components mined, produced, or manufactured in the United States exceeds ____ percent of the cost of all its components. [ Contracting officer to insert the percentage per instructions at 13.302-5(d)(4). ])
(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations., Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) ( 42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).
(xx) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2013)(Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).
(xxi) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305)(Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).
(2) Listed below are additional clauses that may apply:
(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.)
(ii) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).
(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).
(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).
(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b.
destination).
(c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
For FAR Provisions - https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/13.302-5#FAR_13_302_5 https://www.acquisition.gov/far/52.226-6#FAR_52_226_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/26.404#FAR_26_404 https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://www.govinfo.gov/content/pkg/USCODE-2019-title46/html/USCODE-2019-title46-subtitleV-partD-chap553-subchapI-sec55305.htm https://www.acquisition.gov/far/47.504#FAR_47_504 https://www.acquisition.gov/far/52.204-21#FAR_52_204_21 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 https://www.acquisition.gov/far/9.405-2#FAR_9_405_2 https://www.acquisition.gov/far/52.211-17#FAR_52_211_17 https://www.acquisition.gov/far/52.247-29#FAR_52_247_29 https://www.acquisition.gov/far/52.247-34#FAR_52_247_34 https://www.acquisition.gov/browse/index/far
USFWS TN – Dale Hollow NFH
For DOI Provisions - https://www.acquisition.gov/diar
(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights-
(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.
(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
https://www.acquisition.gov/diar
USFWS TN – Dale Hollow NFH
(End of clause)
52.217-7 – OPTION FOR SEPARATELY PRICED LINE ITEM (MAR 1989) (altered clause)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before the end of the contract.
(End of Clause)
52.225-9 – BUY AMERICAN–CONSTRUCTION MATERIALS (OCT 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
USFWS TN – Dale Hollow NFH
(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.
Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.
Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.
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 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. 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.
https://www.acquisition.gov/far/25.105#FAR_25_105
USFWS TN – Dale Hollow NFH
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:
____NONE____________________________________________[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.
(A) For domestic construction material that is not a critical item or does not contain critical components.
(1)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;
http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/12.505#FAR_12_505
USFWS TN – Dale Hollow NFH
(2)For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.
(3)The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.
(B) For domestic construction material that is a critical item or contains critical components.
(1)The cost of a particular domestic construction material…
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