Solicitation - B103 Repair Mechanical Systems and Building Improvements.pdf

B103 Repair Mechanical Systems and Building Improvements ACQR No.: 6043956 NAS, Patuxent River, MD

NAVAL FACILITIES SYSTEMS COMMAND, WASHINGTON

CONTRACTING

PUBLIC WORKS DEPARTMENT PATUXENT RIVER

22445 PEARY ROAD, BUILDING 504

PATUXENT RIVER, MARYLAND 20670

NAVFAC POC: Jennifer Bowling 202-538-4189, jennifer.l.bowling5.civ@us.navy.mil

$750M 8(A)Multiple Award Construction Contract

(8(A)MACC)

NAVFAC WASHINGTON

SOLICITATION NUMBER: N40080-22-D-2222

B103 Repair Mechanical Systems and Building Improvements Naval Air Station, Patuxent River, Maryland

DATE OF SOLICITATION: 03 May 2024

ONLY THE FOLLOWING LIST OF CONTRACTORS MAY SUBMIT A PROPOSAL FOR

THIS PROJECT

8(A) MACC CONTRACT HOLDERS:

N40080-22-D-1113 Kunj Construction Corp 163 B Paris Avenue Northvale, NJ 07647

UEI – FU2PDVTW8JL3, CAGE – 7ZNZ6

POC: Neekunj Bhanderi; Raghav Krishnamoorthy;

Yatin Gajera Office: 201-777-4415 Email: neekunjb@gmail.com; krish@kunjcc.com;

yatin@kunjcc.com

N40080-22-D-1117 Doyon Management Services LLC 4601 Presidents Drive, Suite 230 Lanham, MD 20706

UEI – HKHJKUCLLRL CAGE – 7DV96

POC: Anthony Wood Office: 301 995-9061 Email: bd@doyongovgrp.com

N40080-22-D-1114 ARS Aleut Construction, LLC 2906 N. River Road Port Allen, LA 70767

UEI – LJN1TVHWPFL6, CAGE – 7Q071

POC: Kim Jack, Doug Harner, Tom Alexander Office: 301-820-8662 Email: kimberly.jack@aleutfederal.com;

douglas.harner@aac.aleutfederal.com;

tom.alexander@aac.aleutfederal.com

N40080-22-D-1118 Westerly HSU JV II, LLC 507 N. Frederick Ave, Suite 101 Gaithersburg, MD 20877

UEI - R68QUTRQLWG1 CAGE – 90YL0

POC: Tim Harris, Austin Hayslett, Randall Fetter Office: 240 348-2300 Email: tharris@westerlyenterprises.com;

ahayslett@westerlyenterprises.com;

randy@hsubuilders.com

N40080-22-D-1115 XL Construction LLC 9101 Cherry Lane, Suite 206

N40080-23-D-1120 Belt Built 8(a), LLC

Laurel, MD 20708

UEI – H94HHBGP67D8, CAGE – 62MP7

POC’s: Praful Patel, Anderson Phillips, Yug Dobariya, Purvi Patel Office: 301-776-4949 Email: bid@xlconstructionllc.com

2139 Espey Court, Suite 6 Crofton, MD, 21114

UEI – L3PEDEHACZY3, CAGE – 68J60

POC: Todd Hirsch Office: 410-263-5971 Email: thirsch@beltbuiltllc.com

N40080-22-D-1116 McKenzie Construction & Site Development LLC 29162 Chapel Park Drive #3B Wesley Chapel, FL 33543

UEI – V5NWWR9UUJR8, CAGE – 583L0

POC: Olivera Fernandez, Victoria Smith Office: (813) 310-1127 Email: odf3@mckenzieconst.com;

victoria@mckenzieconst.com

PROPOSAL PREPARATION

All contractors shall propose on each Request for Proposal (RFP) issued under this contract, unless a written determination is forwarded to the Contracting Officer/Ordering Officer which documents why a contractor is unable to propose. This written determination will be forwarded to the Contracting Officer/Ordering Officer within 5 days after receipt of the RFP.

GENERAL REQUIREMENTS

All terms and conditions of N40080-22-D-1113/1114/1115/1116/1117/1118 and N40080-23-D-1120 Indefinite Delivery Quantity Contract apply to this solicitation. Please review your MACC award document for guidance on contract clauses and requirements that may pertain to this order. All contract clauses in the Basic Contract by reference or full text remain in effect unless superseded by this task order. You are responsible to adhere to all applicable clauses, even if they are not stated in this RFP package or the Task Order award document. For clarification on any clause or other contractual issues, please contact the POC as listed above.

Amendments will be sent directly via email to MACC Holders

NAVFAC Solicitation Number: N40080-22-D-2222 NAVFAC Project No.: 1783571

Title: B103 Repair Mechanical Systems and Building Improvements

Location of the Work: B103 Naval Air Station, Patuxent River, MD

Description of the Work: The project includes but is not limited to replacement of deteriorating (27) hydronic floor mounted fan coil units to include associated fittings, piping, valves, and accessories. (2)

7.5 ton rooftop package units to include associated, disconnect switches, circuit breakers, conduits, wirings, piping, valves, temperature sensors, controls, and accessories. (2) Mini-split type a/c unit to include associated disconnect switches, circuit breakers, conduits, wirings, piping and accessories located in IDF room and locker room. (4) Ceiling exhaust fans and associated accessories located in first floor toilet male and female rooms, locker room, and weather office room– 104. (1) Baseboard heater unit and associated accessories located in second floor corridor 100 entryway.

The new work includes of the following:

1) Provide and install (27) new ceiling cassette type fan coil units to include associated fittings, valves, piping, insulation, hanger support, digital control, and accessories. Provide fan coil units that match the existing chiller unit brand.

2) Modify existing fan coil units piping (cold/hot) as required for proper installation of new ceiling cassette type units. Remove any unused piping, fittings, valves, and associated accessories. Where required, drywall is removed add layer of ½ rigid expanded polystyrene (EPS) foam.

3) Provide and install (2) new 7.5 ton rooftop package units to include associated, disconnect switches, circuit breakers, conduits, wirings, piping, valves, temperature sensors, digital controls, and accessories. Provide necessary equipment required for ductwork cleaning. At no time both units will be down. Provide and install (2) pole metal mounted for disconnect switches.

4) Provide and install new (2) mini-split type a/c unit with cooling only to include associated disconnect switches, circuit breakers, conduits, wirings, piping and accessories located in IDF room and locker room. Existing housekeeping pads may reused if good condition is acceptable.

5) Provide and install new (4) ceiling exhaust fans located in first floor toilet male and female rooms, locker room, and weather office room– 104.

6) Provide and install new baseboard heater unit and associated accessories located in second floor corridor 100 entryway.

7) Provide and install new ceiling exhaust fan in second floor room 205; shower and toilet rooms to include circuit breakers, conduits, wirings, and associated accessories.

8) Provide and install new dedicated outdoor air system (DOAS) unit to include associated ductwork, housekeeping pad, disconnect switch, circuit breakers, conduits, wirings, control, sensors, and accessories. Provide design for DOAS unit to include ductwork and electrical systems. Perform load calculation to determine appropriate size unit.

9) Provide and install new acoustical ceiling tiles and associated accessories that match the existing patterns and finishes.

10) Modify existing electrical panel to adapt serve new DOAS unit and ceiling exhaust fans.

Existing electrical wiring may reused if capacity is adequate and in good condition.

Building will remain occupied during construction. Very important, heating, cooling, and dehumidification shall be maintained in the Air Traffic control operation room during this project.

Estimated Budget Amount or Price Range: The Design Build Budget is $1,371,000.00.

NAICS CODE: 236220 – Commercial and Institutional Building Construction

Time for Completion: In accordance with FAR 52.211-10 Commencement, Prosecution, and Completion of Work, the Government desires completion of construction within 305 calendar days after award (includes 15 calendar days for submission and approval of bonds and insurance).

Wage Determination: Department of Labor (DoL) General Decision Number MD20230055 04-05-2024 applies to this work. See Attachment B. Should this wage determination be modified by DoL prior to award, the most current wage determination will be incorporated at the time of award. The wage determination version in effect at the time of award shall apply to the work performed under this contract.

Liquidated Damages: In accordance with FAR 52.211-12 Liquidated Damages – Construction, Liquidated Damages will be assessed in the amount of $449.00 for each calendar day of delay until the work is completed or accepted.

Utilities: The Contractor shall be responsible for obtaining, either from available Government sources or local utility companies, all utilities required for construction and testing. The Contractor shall provide these utilities at his expense, paid for at the current utility rate delivered to the job site. The Contractor shall provide and maintain all temporary utility connections and distribution lines, and all meters required to measure the amount of each utility used.

Record Shop Drawings: In accordance with FAR 52.236.21 Specifications and Drawings for Construction, record shop drawings are required. Reproducible copies of these record drawings are not required.

Bond Requirements: In accordance with FAR 28.101-4 and FAR 52.228-15 Performance and Payment Bond – Construction, Performance and Payment Bonds, Bonds (Standard Form 24) in a penal sum equal to at least 20 percent of the offer price or $3,000,000, whichever is less. are required from the awardee and shall be submitted for approval to the Contracting Officer within 15 days after award of the Task Order.

Commencement of construction is contingent upon approval of required bonds. An electronic copy of your bid bond must be submitted with your proposal. A hard copy of your bid bond will be requested from the apparent awardee upon confirmation of their price and must be submitted to the PCO office within one (1) business day from time of request. Failure to submit an electronic copy of your bid bond with your proposal will result in your proposal being deemed non-responsive and your proposal removed from consideration.

Proposal Acceptance Period: Proposal acceptance period shall be 120 days from receipt of offers.

Site Visit: All MACC holders are invited to attend Site Visit for the project. Information is below:

Site visit is scheduled for 09 May 2024 @ 9:00 AM. There will only be one Government sponsored site visit. The site visit will begin at the Public Works Department Building 504 FEAD Conference Room located on the first floor of B504. After a brief description of the project the site visit at Bldg. 103 will commence. Base Access Requests shall be submitted via email to Jennifer Bowling at jennifer.l.bowling5.civ@us.navy.mil by 10:00 AM on Tuesday, 07 May 2024. There will only be one Government sponsored site visit. For additional questions, please contact the site visit POC at:

jennifer.l.bowling5.civ@us.navy.mil

Pre Proposal Inquiry (PPIs): Offerors who determine that the technical and or contractual requirements of this RFP require clarification(s) in order to permit submittal of a responsive proposal shall submit all questions in writing. All inquiries must be made in writing and shall be submitted via email to jennifer.l.bowling5.civ@us.navy.mil no later than fourteen (14) calendar days prior to the proposal due date or 16 May 2024 @ 10:00 AM with inquiries attached as a Excel document (no tables please) Attachment C. Do not submit the same inquiry more than once. Please verify that inquiries submitted by you on behalf of your subcontractors are not duplicates. A response will be published via an amendment.

Proposal Due Date: Monday, 03 June 2024 no later than 2:00 pm local time. LATE PROPOSALS

WILL NOT BE CONSIDERED.

PROPOSALS SHALL BE EMAILED TO CONTRACT SPECIALIST

jennifer.l.bowling5.civ@us.navy.mil: It is highly recommended to add a read receipt to your email submission. Facsimile transmissions of proposals, acknowledgements of amendments, or modifications to proposals are not authorized. The proposal must be submitted via email to ALL of the emails listed above.

Subject line should contain the ACQR number a, Project Title, and contractor information.

All amendments, drawings, and specifications will be distributed to the POCs listed on the front page via Sam.gov.

NOTE THE FOLLOWING:

Any changes to the scope of work, technical specifications, or drawings will be issued on a Standard Form (SF) 30.

This request does not constitute a notice to proceed nor shall it be considered as a commitment on the part of the Government.

Any costs incurred prior to issuance of a task order cannot be reimbursed. Offerors will not be reimbursed for any effort or proposal costs resulting from this solicitation.

Offerors are advised that funding may not become available. If funds are not available, no award will be made as a result of this solicitation.

If funding becomes available, the successful Offeror will be issued a task order under their contract, as set forth in DFARS 252.216-7006, Ordering.

Basis for Award:

This task order will be awarded on a fair opportunity basis pursuant to FAR 16.505 ordering procedures.

The proposed task order will be awarded to the responsible Offeror offering the best value to the Government. The price only source selection process is selected as appropriate for this acquisition because the best value is expected to result from selection of the proposal with the lowest evaluated price.

To make a determination of best value, the Government shall evaluate each Offeror on price only.

1. Submittal Requirements and Basis of Evaluation.

Price:

(1) Solicitation Submittal Requirements – Offeror shall submit the following:

Cover page that includes:

- Solicitation Number & Title

- Prime Contractor Name, Address, Phone Number, Unique Entity

Identifier (UEI), Cage Code, and Employer Identification Number (EIN)

- Point of Contact Name, Phone Number, and Email

Price Proposal Form Amendments Acknowledged (if applicable) Bid Guarantee

(2) Basis of Evaluation – The Government will evaluate price based on the total lump sum price.

Total price consists of the basic requirements and all option items CLIN 0001. Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

i. Comparison of proposed prices received in response to the RFP.

ii. Comparison of proposed prices with the IGCE.

iii. Comparison of proposed prices with available historical information.

iv. Comparison of market survey results

The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contract; to negotiate with offerors in the competitive range; and to award the contract to the Offeror submitting the lowest price proposal.

The Government intends to evaluate proposals and issue a task order without discussions (except clarifications as described in FAR 15.306(a)).. Therefore, each initial offer should contain the offeror’s best terms from a price standpoint. However, the Government reserves the right to conduct discussions if later determine by the Contracting Officer to be necessary. In addition, if the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

ATTACHMENTS:

ATTACHMENT A.1 - Specifications B103 Repair Mechanical Systems and Building Improvements ATTACHMENT A.2 – CATEX B103 Repair Mechanical Systems and Building Improvements ATTACHMENT A.3 - A.3 - DD 1354 Inventory Adjustment Form ATTACHMENT B – Wage Determination MD20230055 04-05-2024 ATTACHMENT C – Pre Proposal Inquiry (PPIs) Form

ATTACHMENT D – PRICE SCHEDULE

ATTACHMENT E – Base Access Request Form

ATTACHMENT A

SPECIFICATIONS AND DRAWINGS

See attached PDF Files labeled as follows:

ATTACHMENT A.1 - Specifications B103 Repair Mechanical Systems and Building Improvements ATTACHMENT A.2 – CATEX B103 Repair Mechanical Systems and Building Improvements ATTACHMENT A.3 - A.3 - DD 1354 Inventory Adjustment Form

ATTACHMENT B – WAGE DETERMINATION

"General Decision Number: MD20240055 04/05/2024 Superseded General Decision Number: MD20230055 State: Maryland Construction Type: Building County: St Mary's County in Maryland.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1).

|If the contract is entered |· Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |· The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $17.20 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2024. | |If the contract was awarded on |· Executive Order 13658 | |or between January 1, 2015 and | generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |· The contractor must pay all | |extended on or after January | covered workers at least | |30, 2022: | $12.90 per hour (or the | | | applicable wage rate listed | | | on this wage determination, | | | if it is higher) for all | | | hours performing on that | | | contract in 2024. |

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/05/2024 1 01/12/2024 2 02/02/2024 3 02/23/2024 4 04/05/2024

ASBE0024-004 10/01/2023

Rates Fringes

INSULATOR - MECHANICAL

(Duct, Pipe & Mechanical System Insulation)............$ 40.02 19.67

BRDC0001-003 04/30/2023

Rates Fringes

STONE FINISHER............$ 27.68 11.63

BRDC0001-004 04/30/2023

Rates Fringes

TILE FINISHER................$ 27.68 11.63

BRDC0001-006 04/30/2023

Rates Fringes

TILE SETTER...................$ 33.41 12.67

BRDC0001-007 04/30/2023

Rates Fringes

MASON - STONE.............$ 43.16 20.28

CARP0251-006 05/01/2022

Rates Fringes SOFT FLOOR LAYER (Includes Carpet, Vinyl and Resilient).$ 32.08 14.17

CARP0474-001 05/01/2022

Rates Fringes

PILEDRIVER PERSON....$ 34.62 13.45

ELEC0026-002 06/05/2023

Rates Fringes

ELECTRICIAN.................$ 53.00 21.35

ELEV0010-002 01/01/2024

Rates Fringes ELEVATOR MECHANIC..$ 54.77 37.885+a+b

a. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Christmas Day and the Friday after Thanksgiving.

b. VACATIONS: Employer contributes 8% of basic hourly rate for 5 years or more of service; 6% of basic hourly rate for 6 months to 5 years of service as vacation pay credit.

ENGI0037-006 06/01/2022

Rates Fringes

POWER EQUIPMENT OPERATOR

Bobcat/Skid Steer/Skid Loader..................$ 27.99 12.60 Bulldozer..............$ 30.95 12.60 Crane....................$ 32.95 16.40 Paver (Asphalt, Aggregate and Concrete).......$ 30.05 12.60 Roller....................$ 30.05 12.60

IRON0568-001 05/01/2023

Rates Fringes

IRONWORKER, REINFORCING.....$ 29.91 23.65

LABO0616-001 05/01/2023

Rates Fringes LABORER (Pipelayer)....................$ 23.24 22.10

* LABO0710-001 04/01/2024

Rates Fringes LABORER (Mason Tender - Brick)...$ 22.17 6.73

PAIN0051-002 06/01/2023

Rates Fringes

GLAZIER........................................$ 34.76 13.85

PAIN0051-003 06/01/2023

Rates Fringes

DRYWALL FINISHER/TAPER......$ 27.46 11.56

PAIN0051-006 06/01/2023

Rates Fringes

PAINTER........................................$ 27.46 11.56

PLUM0005-002 08/01/2023

Rates Fringes

PLUMBER......................................$ 49.00 22.21

PLUM0602-001 08/01/2023

Rates Fringes PIPEFITTER (Includes HVAC Pipe and Unit Installation)...............$ 50.27 23.32

ROOF0030-003 07/01/2023

Rates Fringes

ROOFER..........................................$ 34.56 14.71

* SFMD0669-002 04/01/2024

Rates Fringes

SPRINKLER FITTER.....................$ 42.32 25.80

SHEE0100-005 11/01/2021

Rates Fringes SHEET METAL WORKER (HVAC Duct Installation Only)............................$ 44.37 21.33

TEAM0639-002 06/01/2023

Rates Fringes

TRUCK DRIVER (DUMP TRUCK)..$ 29.25 6.30

* UAVG-MD-0001 01/01/2024

Rates Fringes

IRONWORKER, ORNAMENTAL..$ 31.51 24.53

* UAVG-MD-0002 01/01/2024

Rates Fringes

IRONWORKER, STRUCTURAL…$ 31.41 24.46

* UAVG-MD-0003 06/12/2023

Rates Fringes

SHEET METAL WORKER.............$ 33.59 23.15

SUMD2023-012 05/30/2023

Rates Fringes

BRICKLAYER................................$ 29.32 10.51

CARPENTER, Includes Drywall Hanging, and Form Work................$ 23.40 10.17

CEMENT MASON/CONCRETE FINISHER...$ 27.23 7.18

LABORER: Common or General....$ 19.60 5.51

LABORER: Mason Tender - Cement/Concrete...............................$ 19.56 5.77

OPERATOR:

Backhoe/Excavator/Trackhoe............$ 28.36 11.83

OPERATOR: Forklift.......................$ 23.72 4.47

OPERATOR: Loader........................$ 27.75 11.64 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

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

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

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

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

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

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

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

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

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

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

Washington, DC 20210

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

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

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

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION"

ATTACHMENT C – PPI

ATTACHMENT C – Pre Proposal Inquiry (PPIs) Form

Question No.

Date Received

REFERENCE

QUESTION GOVERNMENT RESPONSE

Page Section Para.

ATTACHMENT D

PRICE PROPOSAL FORM

ATTACHMENT D – PRICE SCHEDULE

ATTACHMENT E

BASE ACCESS REQUEST FORM

ATTACHMENT E – Base Access Request Form

Buy American Exemption

52.225-9 Buy American-Construction Materials.

As prescribed in 25.1102(a), insert the following clause:

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

(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.

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:

_Mini-Split type A/C Unit (Page 222 of RFP Package).

(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;

(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 that is a critical item or contains critical components, 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 plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

(2) For construction material that 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 does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and 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)(B)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

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

(c) Request for determination of inapplicability of the Buy American statute. (1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

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

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

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

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description

Unit of Measure Quantity

Price (dollars)*

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.]

(End of clause)