Solicitation SP330011B5003 Amendment 0001.pdf

SOLICITATION OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

SP3300-11-B-5003

2. TYPE OF SOLICITATION

)(" SEALED BID (fFB)

NEG01lATED (RFP)

3. DATE ISSUED

18JUL2011

PAGE OF PAGES

A1

IMPORTANT - The "offer" section on page 2 must be fully completed by offeror.

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 16 PROJECT NO.

1 SEE SECTION B

7 ISSUED BY CODE SP3300 8. ADDRESS OFFER TO

SEE BLOCK 7

DLA Distribution Acquisition Operations J7-AB J Avenue, Building 404 New Cumberland, PA 17070

1B. TELEPHONE NO. (lnc/ude area cede) (NO COLLECT CALLS)

9. FOR INFORMATION IA NAME

CALL ~ 1 Donna Kautz 1 717-770-6563

SOLICITATION

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

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

TABLE OF CONTENTS

SECTION A - SOLICITATION, OFFER AND AWARD 2 PAGES

SECTION B - SUPPLIES OR SERVICES AND PRICES 4 PAGES

SECTION C - DESCRIPTION/SPECIFICATIONS 1 PAGE

SECTION D - PACKAGING AND MARKING 1 PAGE

SECTION E - INSPECTION AND ACCEPTANCE 1 PAGE

SECTION F - DELIVERIES OR PERFORMANCE 1 PAGE

SECTION G - CONTRACT ADMINISTRATION DATA 1 PAGES

SECTION H - SPECIAL CONTRACT REQUIREMENTS 4 PAGES

SECTION I - CONTRACT CLAUSES 21 PAGES

SECTION J - LIST OF DOCUMENT, EXHIBITS AND OTHER ATTACHMENTS 1 PAGE

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENT OF BIDDERS 10 PAGES

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS 6 PAGES

SECTION M - EVALUATION FACTORS FOR AWARD 1 PAGES

An organized site visit has been scheduled July 28,2011 at 9:00 AM local time Building 750, Susquehanna Conference Room

DLA Distribution Susquehanna New Cumberland PA 17070

Please follow instructions on Page B-1, Paragraph B.4 for site visit attendance.

11. The contractor shall begin performance within _0__ calendar days and complete it within ~ calendar days after receiving

F-3

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __0_ copies to perform the work required are due at the place speCified in Item 8 by 1400 (hour) local time 8/29/11 (date). If this is a sealed bid sOlicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee ~: is, is not required.

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

D. Offers providing less than 45 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (Rev. 4-85)

Prescnbed by GSA

FAR (48 CFR) 53.236-1 (e)

53.301-1442 FEDERAL ACQUISITION REGULATION (FAR)

OFFER (Must be fully completed by offeror)

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

16 REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

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

SEE SECTION B - SCHEDULE OF SUPPLIES/SERVICES

AMOUNTS ~

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORlZED TO SIGN OFFER (Type or print)

208. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN~ liTEM (4 copies unless otherwise specified)

25. OTHER THAN FULL AND OPEN COMPEllTION PURSUANT TO

) 41 USC 253(c) ( )-10 USC 2304(c) (

26. ADMINISTERED BY CODE 1

L---------I

27. PAYMENT \/\/ILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

29. AWARD (Contractor is not required to sign this document.)

Your offer on this solicitation, is hereby accepted as to the items listed.

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return __copies to issuing office.) This award consummates the contract. which consists of (a) the

Contractor agrees to furnish and deliver all items or perform all work, Government solicitation and your offer, and (b) this contract award. No requisitions identified on this form and any continuation sheets for the further contractual document is necessary.

consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation. and (c) the clauses, representations, certificatiOns, and specifications or incorporated by reference in or attached to this contract.

31A. NAME OF CONTRACTING OFFICER (Type orpnnt)

(Type orprint)

30A. NAME AND TITILE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN

31 B. UNITED STATES OF AMERICA r1C. AWARD DATE30B. SIGNATURE 130C. DATE

BY

STANDARD FORM 1442 PAGE 2 (Rev. 4-85) yre3916 Typewritten Text

SP3300-11-B-5003 B-1

SECTION B

SUPPLIES OR SERVICES AND PRICES

B.1 GENERAL OVERVIEW

This acquisition is set aside 100% for small business concerns. The resulting contract will be a fixed priced contract.

B.2 ELECTRONIC SOLICITATION

This solicitation, including the specifications, drawings, attachments, and any amendments, is only available electronically at the FedBizOpps website (www.fbo.gov). Bidders are cautioned that it is their responsibility to access the website for any amendments that may be issued under the solicitation. There will be no advance notification of amendment issue. Bidders are advised to consult the website frequently to check for the issue of amendments since an amendment may be issued up until the bid opening date and time. Failure to acknowledge amendments may render your bid non-responsive and ineligible for award.

B.3 MAGNITUDE OF CONSTRUCTION Between $1,000,000 and $5,000,000

B.4 SITE VISIT DATE, TIME AND LOCATION

Reference Section L, FAR Provision 52.236-27 for specific date, time and location.

Due to security measures currently in place on this installation, anyone planning to attend the site visit needs to provide the following information to Donna Kautz Phone: 717-770-6563, Fax:

717-770-7591 or Email: donna.kautz@dla.mil.

This information must be submitted at least two (2) working days prior to the site visit date.

Failure to submit this information in the timeframe requested above may result in delays upon your arrival at the installation.

Company Name Employee Name Employee Social Security Number Employee Date of Birth Employee State and Country of Birth On the date of the site visit, employee will need to present at least one form of photo identification, i.e., valid driver’s license. The employee will also need to present current registration and insurance for each vehicle entering the installation.

B.5 BID SUBMISSION

BIDS MUST BE SUBMITTED IN HARD COPY ONLY. ELECTRONICALLY SUBMITTED BIDS

INCLUDING FACSIMILE AND TELEGRAPH WILL NOT BE ACCEPTED. BID SHALL BE

SEALED IN AN ENVELOPE CLEARLY MARKED WITH THE BID SOLICITATION NUMBER,

THE BID OPENING DATE AND TIME. ALL BIDS SHALL BE SUBMITTED TO THE

ADDRESS SHOWN IN BLOCK 7 ON STANDARD FORM 1442.

B.6 BID OPENING DATE, TIME AND LOCATION.

Bid Opening will be held on August 29, 2011 at 2:00PM local time.

Bid Opening will beheld at the DLA Distribution Susquehanna, J Avenue, Building 404, New Cumberland, PA 17070.

http://www.eps.gov/�

SP3300-11-B-5003 B-2

B.7 ACCESS TO THE INSTALLATION FOR THE BID OPENING.

Due to security measures in place on this installation, anyone planning to hand carry their bid to the bid opening must abide by the same procedures as set forth in Paragraph B.4 above.

Failure to follow these procedures may result in you and your bid being late and therefore ineligible for award.

B.8 CENTRAL CONTRACTOR REGISTRATION. Failure to register in the Central Contractor Registration database by the bid opening date and time will make a bidder ineligible for award. Reference Section I, FAR Clause 52.204-7 and DFARS Clause 252.204-7004.

B.9 BIDS. Bidders must complete Blocks 14 through 20c on the Standard Form (SF) 1442.

Bidders must provide all information requested in Section K Representations, Certifications, and Other Statements of Offerors.

B.10 BID BOND. A bid bond is required. Failure to provide a bid bond for an adequate amount shall result in rejection of bid. Required amount for bid bond is twenty percent (20%).

Reference Section L, FAR Provision 52.228-1.

B.11 PERFORMANCE AND PAYMENT BONDS. The successful bidder shall be required to furnish performance and payment bonds to the Contracting Officer as follows: (Reference Section I, FAR Clause 52.228-15)

(1) Performance Bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

B.12 WORKING HOURS.

The work to be performed shall be during the regular working hours which consist of a 9 ½ hour period established by the Contracting Officer, Monday through Friday, normally 0700 to 1630, excluding Government holidays.

SP3300-11-B-5003 B-3

SCHEDULE OF SUPPLIES/SERVICES

Note: The following project description is for the purpose of general information and is not intended to include and describe every feature or item or to define the scope of work.

PROJECT DESCRIPTION: Contractor shall provide all labor, transportation, materials, equipment, supplies and supervision to perform the following work: Replace Heating and Venting Units, Piping and Controls, Install Heat Recovery System, Building 87, DLA Distribution Susquehanna, New Cumberland PA 17070.

This requirement consists of performing work, but not limited to, as summarized below:

• Removing existing steam heating system in entirety.

• Install new hot water heating distribution system and installing new solar heat recovery system on the south exterior façade as indicated on the drawings.

• Repairs to sprayed on fire proofing as indicated on the drawings.

• Provide roof and roof deck repairs related to removal and replacement of existing roof top mechanical equipment as indicated on the drawings.

All work shall be performed complete and in accordance with the specifications and drawings dated June 2011.

Davis Bacon Wage Determination Number PA100010 Modification 18 dated 06/03/2011 applies.

SP3300-11-B-5003 B-4

BIDDER’S SCHEDULE

Replace Heating & Venting Units, Piping and controls, Install Heat Recovery System, Building 87 DDSP, New Cumberland, PA

CLIN 0001: Including the necessary labor, material and/or equipment to perform all work to remove Building 87 existing steam heating system in entirety and replace with a new hot water distribution heating system including ductwork. Existing sprayed on fire proofing damaged by this work shall be repair as indicated on the contract drawings and specifications and is to included in Base Bid Item No. 1 amount, complete in place. Existing sprayed on fire proofing currently has existing damages and repair of these damaged areas shall included in this project, see Base Bid Item Nos. 2 & 3. The project includes the installation of a heat recovery system see Base Bid Item No. 4.

Amount: 1 LS @ $___________________

CLIN 0002: Including the necessary labor, material and/or equipment to perform all work to repair areas where sprayed on fire proofing fell off of structural steel and metal roof deck leaving it exposed.

Contractor shall field verify/agree to final quantities with the designated COR during construction. This item does not include the repair of sprayed on fire proofing damaged by the replacement of the existing heating system see Base Bid Item No. 1.

Amount: $_______ per SF x 1000 SF = $________

CLIN 0003: Including the necessary labor, material and/or equipment to perform all work to replace existing fire proofing on mesh where sprayed on fire proofing fell off of structural steel and metal roof deck leaving it exposed. Contractor shall field verify/agree to final quantities with the designated COR during construction. This item does not include the repair of sprayed on fire proofing damaged by the replacement of the existing heating system see Base Bid Item No. 1.

Amount: $_______ per SF x 1000 SF = $________

CLIN 0004: Including the necessary labor, material and/or equipment to perform all work to install heat recovery system on the exterior south facade of the building and connection to new ductwork, as indicated on the contract drawings and specifications, complete in place.

Amount: 1 LS @ $___________________

Total Amount for CLINs 0001, 0002, 0003 and 0004 $_______________________

END OF SCHEDULE OF SUPPLIES/SERVICES

SP3300-11-B-5003 C-1

SECTION C

DESCRIPTION/SPECIFICATIONS

C.1 SPECIFICATIONS. The following document is provided as part of the solicitation package and shall be used in the execution of work under this contract:

DEFENSE LOGISTICS AGENCY

DLA DISTRIBUTION SUSQUEHANNA PENNSYLVANIA

NEW CUMBERLAND, PA 17070-5011

SPECIFICATIONS

FOR

REPLACE HEATING AND VENTILATING UNITS, PIPING AND CONTROLS,

INSTALL HEAT RECOVERY SYSTEM BUILDING 87,

DLA DISTRIBUTION SUSQUEHANNA, NEW CUMBERLAND PA

FACILITIES ENGINEERING DIVISION

JUNE 2011

LOCATED AT SECTION J OF THIS SOLICITATION

ATTACHMENT 6

END OF SECTION C

SP3300-11-B-5003 D-1

SECTION D

PACKAGING AND MARKING

THIS SECTION NOT REQUIRED

END OF SECTION D

SP3300-11-B-5003 E-1

SECTION E

INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

END OF SECTION E

SP3300-11-B-5003 F-1

SECTION F

DELIVERIES OR PERFORMANCE

F.1 52.211-13 TIME EXTENSIONS (SEP 2000)

F.2 52.242-14 SUSPENSION OF WORK (APR 1984)

F.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION

OF WORK (APR 1984) (DEVIATION)

The Contractor shall be required to

(a) commence work under this contract upon receipt of the notice to proceed (NTP) according to the following schedule:

The Government will establish a date and time (approximately 10 calendar days after the date the Contractor receives the NTP) for the preconstruction meeting. The Contractor shall be required to provide all initial submittal items identified on the submittal register at the preconstruction meeting. Exceptions to this submittal delivery requirement may be for materials that have a long-lead time.

1. SD-01 Project Submittal Schedule – This schedule must be provided at the preconstruction meeting for all initial submittal register items not provided at the Preconstruction meeting.

2. Contractor must provide Non-Technical submittals as outlined in Section 01330 as well as Section 01525 Accident Prevention Plan

(APP).

The Contractor shall complete the project and have ready for use within 240 days after receipt of Notice to Proceed.

(b) prosecute the work diligently, and

(c) complete the entire work ready for use as indicated above.

The time stated for completion shall include final cleanup of the premises.

Final Submittals:

Contractor shall provide the following submittal items within 30 calendar days after completion of the work and prior to final payment.

1. As-built Drawings, 07180 1.2.1

2. As-built Record of Equipment and Materials, 07180 1.2.2

3. Warranty Management Plan, 01780, 1.3.1

4. Mechanical Testing, Adjusting, Balancing, & Commissioning, 07180

1.4

5. Operation and Maintenance Data, 07180.1.5

(End of Clause)

END OF SECTION F

SP3300-11-B-5003 G-1

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE

DFARS (DEC 1991)

(a) Definition. “Contracting officer's representative” means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

(Revised September 27, 2010)

G.2 SUBMISSION OF INVOICES

Certified invoices shall be prepared and submitted in accordance with

FAR 52.232-5 Payments under Fixed-Price Construction Contracts (Sept 2002). Invoices must include the contract number.

Invoices shall be submitted to the Acquisition Operations Office via one of the following methods:

1. Mail to: DLA Distribution

Acquisition Operations (J7-AB) J Avenue, Building 404 New Cumberland, PA 17070-5000 ATTN: Donna Kautz

2. Fax to: 717-770-7591 – ATTN: Donna Kautz

3. Email to: donna.kautz@dla.mil

END OF SECTION G

SP3300-11-B-5003 H-1

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 DEPOT REGULATIONS. Illegal drugs, guns or other contraband are not authorized on this Federal installation. It is the contractor's responsibility to ensure that its employees working on-site at this installation are U.S. citizens or legal aliens with no outstanding warrants. This installation is manned by a DoD Police Force who possesses apprehension authority, which includes holding suspects for local authorities. These officers can and will charge individuals with an established court appearance via the Federal Magistrate. This agency processes illegal aliens in accordance with INS instructions.

H.2 SECURITY PROCEDURES FOR CONSTRUCTION CONTRACTORS

WORKING AT THE DEFENSE DISTRIBUTION DEPOT SUSQUEHANNA (DDSP),

NEW CUMBERLAND, PA.

H.2.1 EMPLOYEES/PERSONNEL AND VISITORS

All persons, with the exception of delivery truck drivers, entering the installation must obtain an Identification Badge from DDSP Security, Pass and ID. All visitors and personnel expected to be on site for less than 90 days will receive a temporary badge.

Personnel expected to be on site for longer than 90 days will be provided a permanent badge. The construction contractor shall follow the procedures below to obtain and renew Identification Badges for all direct hire and subcontractor employees and visitors:

1) Complete the attached New PERSONNEL NOTIFICATION form (Attachment “A”).

2) Complete the attached Identification Badge request form for each employee. Use the short form (Attachment “B”) for personnel expected to be on site less than 90 days. Use the long form (Attachment “C”) for personnel expected to be on site more than 90 days. (Note: Only employees with permanent badges will be permitted to escort delivery vehicles and new employees.)

3) Fax only NEW PERSONNEL NOTIFICATION form to security desk at 717-770- 5480 and Contracting Officer’s Representative (COR) at 717-770-2910 the day prior to arrival (day prior is the minimum, may be sent up to one week prior to arrival) .

4) Fax NEW PERSONNEL NOTIFICATION form and Identification Badge request forms to the (COR) at 717-770-2910 the day prior to arrival (day prior is the minimum, may be sent up to one week prior to arrival).

5) When new personnel arrive at Post 3 (DDSP entrance gate nearest the Eastern Distribution Center, Building 2001) security will notify the escort designated on the NEW PERSONNEL NOTIFICATION form. The escort will be required to meet the new personnel at Post 3 and escort same to Pass and ID for processing. If the

SP3300-11-B-5003 H-2

contractor has completed step 4 in a timely manner, badge information will be entered into DDSP system prior to arrival and will be an aid to expedite processing.

6) When new personnel arrive at Pass and ID, they will be required to provide a valid photo identification card (Driver’s License preferred) and registration and proof of insurance for any vehicles that they will be driving on the installation. New personnel will then receive a DDSP photo ID badge and a “paper” temporary vehicle pass.

The prime contractor will be responsible for providing a weekly updated list of all badges issued by Pass and ID to the COR. Badge listing shall identify Project Name, Prime contractor name and any subcontractor names. This listing shall provide the employee’s/visitor’s name, badge number (only 90 day + duration badges are assigned a number), employer, date issued and date returned to Pass and ID. Failure to return all badges issued, including temporary and/or expired badges may delay progress and/or final contract payments. The COR will forward a copy to the DDSP Pass and ID section by fax for weekly reconciliation.

H.2.2 BADGE RENEWAL OF EXPIRED OR EXPIRING BADGES

Complete a new long form badge application (Attachment “D”) and FAX to Pass and ID section (717-770-8146) 24 hours in advance of renewal application.

H.2.3 ENTRANCE INTO DDSP

Entrance of Contractor personnel with DDSP ID badges is determined by the type of vehicle they are driving:

Contractor with sedan Enter via Post 3 (EDC Gate) Contractor with empty pick-up truck Enter via Post 3 (EDC Gate) Contractor with pick-up containing tools or Enter via Post 4 (Truck Gate) jobsite equipment or having a cap Contractor with utility vehicle or van Enter via Post 4 (Truck Gate)

H.2.4 DELIVERIES

All contractor deliveries shall enter the installation through Post 4 (DDSP Truck Gate).

To help avoid delays at the entrance, all deliveries should be scheduled after 8:00AM whenever possible. The construction contractor shall follow the following procedure for all deliveries (including pick-ups at the construction site):

1) Complete the attached CONTRACTOR’S DELIVERY NOTIFICATION form (Attachment “E”).

2) Fax the completed CONTRACTOR’S DELIVERY NOTIFICATION form to the security desk at 717-770-5480 and the COR at 717-770-2910 a minimum of one day prior to delivery.

SP3300-11-B-5003 H-3

3) When the delivery truck arrives at Post 4, DDSP will contact the delivery POC identified on the notification form. The POC will be required to escort the delivery truck from Post 4 to the construction site.

4) After delivery is completed, the delivery truck must be escorted from the construction site back to Post 4.

H.2.5 PHOTOGRAPHS

Cameras may be possessed and operated by authorized persons only. To obtain a Camera Authorization Pass, the COR will fax the request to Pass and ID. The contractor’s name and length of time the camera pass is required will be included in the request. Camera Passes will be issued upon approval at the time the contractor picks up his/her badge at Pass and ID. Authorization will be for prime contractor personnel only. A Camera Pass must be in possession of the person taking the photographs when challenged. Failure to maintain, or loss of this pass will be reported to the COR for action and security will be notified as necessary. Personnel found to be in the possession of photographic equipment without the proper documentation will have their equipment confiscated and returned upon their departure from the installation or other arrangements will be made.

H.2.6 THREAT CONDITIONS

Contractors are allowed to enter the installation when threat conditions are at:

ALPHA

BRAVO

CHARLIE

Contractors will not be allowed to enter the installation when the threat condition is at:

DELTA

To determine the threat level and any other restrictions concerning restrictions or delays to enter DDSP, contractors need to call the DDSP information line:

717-770-2866 (local calling area) 1-877-639-2012 (outside local area) Section DDSP – Option #2

H.2.7 CONTACTS

DDSP Security Desk - Phone: 717-770-6270 Fax: 717-770-5480

DDSP Pass and ID Section - Phone: 717-770-7111 Fax: 717-770-8146

SP3300-11-B-5003 H-4

DDSP Emergency Phone Number: 717-770-7777

DDSP Information Line: 717-770-2866

DDSP Facilities Engineering Contracting Officer Representative (COR)

-will be determined at time of award

END OF SECTION H

SP3300-11-B-5003 I-1

SECTION I

CONTRACT CLAUSES

I.1 CONTRACT CLAUSES

52.202-1 DEFINITIONS (JULY 2004)

FAR

52.203-3 GRATUITIES (APR 1984)

FAR

52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

FAR

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

FAR GOVERNMENT (SEP 2006)

52.203-7 ANTI-KICKBACK PROCEDURES (OCT 2010)

FAR

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS

FAR FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER

FAR ACTIVITY (JAN 1997)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FAR FEDERAL TRANSACTIONS (OCT 2010)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER

FAR (AUG 2000)

52.204-9 PERSONAL IDENTITY VERIFICATION OF

FAR CONTRACTOR PERSONNEL (JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

FAR SUBCONTRACT AWARDS (JUL 2010)

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN

FAR SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT (DEC 2010)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

FAR CORPORATIONS (MAY 2011)

SP3300-11-B-5003 I-2

52.214-26 AUDIT AND RECORDS—SEALED BIDDING (OCT 2010)

FAR

52.214-27 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR

FAR PRICING DATA-MODIFICATIONS-SEALED BIDDING

(OCT 2010)

52.214-28 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA-

FAR MODIFICATIONS-SEALED BIDDING (OCT 2010)

52.214-29 ORDER OF PRECEDENCE – SEALED BIDDING (JAN 1986)

FAR

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUN 2003)

FAR

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (JAN 2011)

FAR

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES

FAR (FEB 1997)

52.222-3 CONVICT LABOR (JUN 2003)

FAR

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT –

FAR OVERTIME COMPRENSATION (JUL 2005)

52.222-5 DAVIS-BACON ACT—SECONDARY SITE OF THE WORK

FAR (JUL 2005)

52.222-6 DAVIS BACON ACT (JUL 2005)

FAR

52.222-7 WITHHOLDING OF FUNDS (FEB 1988)

FAR

52.222-8 PAYROLLS AND BASIC RECORDS (JUN 2010)

FAR (DEVIATION 2009-O0001)

52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

FAR

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS

FAR (FEB 1988)

SP3300-11-B-5003 I-3

52.222-11 SUBCONTRACTS (LABOR STANDARDS) (JUL 2005)

52.222-12 CONTRACT TERMINATION-DEBARMENT (FEB 1988)

52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT

FAR REGULATIONS (FEB 1988)

52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

FAR

52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988)

FAR

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

FAR

52.222-26 EQUAL OPPORTUNITY (MAR 2007)

FAR

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR

FAR CONSTRUCTION (FEB 1999)

52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS,

FAR VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE

VETERANS (SEP 2010)

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES

FAR (OCT 2010)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (SEP 2010)

FAR

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

FAR NATIONAL LABOR RELATIONS ACT (DEC 2010)

52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

FAR

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009)

SP3300-11-B-5003 I-4

52.223-3 HAZARDOUS MATERIAL IDENITIFICATION AND MATERIAL

FAR SAFETY DATA (JAN 1997)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

FAR INFORMATION (MAY 2011)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

FAR

52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)

FAR

52.223-14 TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

FAR

52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS

FAR (DEC 2007)

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS

FAR IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)

52.223-18 CONTRACTOR POLICY TO BAN TEST MESSAGING WHILE

FAR DRIVING (SEP 2010)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

FAR (JUNE 2008)

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

FAR

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT

FAR AND COPYRIGHT INFRINGEMENT (DEC 2007)

52.227-4 PATENT INDEMNITY—CONSTRUCTION CONTRACTS

FAR (DEC 2007)

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

FAR

52.228-5 INSURANCE – WORK ON A GOVERNMENT INSTALLATION

FAR (JAN 1997)

52.228-11 PLEDGES OF ASSETS (SEP 2009)

FAR

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS

FAR (OCT 1995)

SP3300-11-B-5003 I-5

52.228-15 PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION

FAR (OCT 2010)

52.229-3 FEDERAL, STATE AND LOCAL TAXES (APR 2003)

FAR

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

FAR CONTRACTS (SEP 2002)

52.232-17 INTEREST (OCT 2010)

FAR

52.232-23 Alt I ASSIGNMENT OF CLAIMS (JAN 1986) ALTERNATE I

FAR (APR 1984)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS

FAR (OCT 2008)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—

FAR CENTRAL CONTRACTOR REGISTRATION (OCT 2003)

52.233-1 DISPUTES (JULY 2002) ALTERNATE 1 (DEC 1991)

FAR

52.233-3 PROTEST AFTER AWARD (AUG 1996)

FAR

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

FAR (OCT 2004)

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

FAR

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE

FAR WORK (APR 1984)

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

FAR

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

FAR

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

SP3300-11-B-5003 I-6

52.236-8 OTHER CONTRACTS (APR 1984)

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES,

FAR EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)

52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

FAR

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

FAR

52.236-12 CLEANING UP (APR 1984)

FAR

52.236-13 ACCIDENT PREVENTION (NOV 1991)

FAR

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

FAR

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

FAR

52.236-17 LAYOUT OF WORK (APR 1984)

FAR

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

FAR (FEB 1997) ALTERNATE I (APR 1984)

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

FAR

52.242-13 BANKRUPTCY (JUL 1995)

FAR

52.243-4 CHANGES (JUN 2007)

FAR

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS

FAR (DEC 2010)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

SP3300-11-B-5003 I-7

52.248-3 VALUE ENGINEERING – CONSTRUCTION (OCT 2010)

FAR

52.249-2 Alt I TERMINATION FOR CONVENIENCE OF THE

FAR GOVERNMENT (FIXED-PRICE)(MAY 2004) –

ALTERNATE I (SEP 1996)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

FAR

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

FAR

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF

DFARS FRAUD OR OTHER DEFENSE-CONTRACT-RELATED

FELONIES (DEC 2008)

252.204-7000 DISCLOSURE OF INFORMATION (DEC 1991)

DFARS

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK

DFARS PRODUCT (APR 1992)

252.204-7004 ALTERNATE A, CENTRAL CONTRACTOR

DFARS REGISTRATION (SEP 2007)

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE

DFARS AGREEMENT HOLDERS (DEC 1991)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE

DFARS OWNED OR CONTROLLED BY THE GOVERNMENT OF A

TERRORIST COUNTRY (DEC 2006)

252.223-7001 HAZARD WARNING LABELS (DEC 1991)

DFARS

252.223-7004 DRUG-FREE WORK FORCE (SEP 1988)

DFARS

252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF

DFARS TOXIC AND HAZARDOUS MATERIALS (APR 1993)

SP3300-11-B-5003 I-8

52.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (MAY 2011)

DFARS

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC

DFARS COMMODITIES (JUN 2010)

52.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS,

DFARS INDIAN OWNED ECONOMIC ENTERPRISES, AND

NATIVE HAWAIIAN SMALL BUSINESS CONCERNS

(SEP 2004)

252.227-7033 RIGHTS IN SHOP DRAWINGS (APR 1966)

DFARS

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT

DFARS REQUESTS AND RECEIVING REPORTS (MAR 2008)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

DFARS

252.236-7000 MODIFICATION PROPOSALS-PRICE

DFARS BREAKDOWN (DEC 1991)

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS

DFARS (AUG 2000)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS

DFARS (DEC 1991)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT

DFARS (MAR 1998)

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA

DFARS (MAY 2002)

52.215-9016 NOTICE TO CONTRACTORS AND DEFENSE FINANCE

DLAD ACCOUNTING SERVICES (DFAS) (MAR 2008)

52.223-9000 MATERIAL SAFETY DATA SHEETS AND HAZARD

DLAD WARNING LABELS (MAR 1992)

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of HQ DLA, Procurement Integrity and Pricing Branch (J-3313) and shall not be binding until so approved.

SP3300-11-B-5003 I-9

52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

FAR DFARS 252.204-7004 ALTERNATE A, CENTRAL CONTRACTOR

REGISTRATION (SEP 2007) substitutes the following paragraph (a) for paragraph (a) of the FAR 52.204-7 clause:

(a) Definitions. As used in this clause--

“Central Contractor Registration (CCR) database” means the primary Government repository for contractor information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) code” means—

(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)

This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11 of the Federal Acquisition Regulation) for the same parent concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database;

(2) The Contractor’s CAGE code is in the CCR database; and

(3) The Government has validated all mandatory data fields and has marked the records “Active.”

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

SP3300-11-B-5003 I-10

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

http://fedgov.dnb.com/webform�

SP3300-11-B-5003 I-11

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within

SP3300-11-B-5003 I-12

the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1- 888-227-2423, or 269-961-5757.

(End of Clause)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

FAR REGARDING RESPONSIBILITY MATTERS (JAN 2011)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov .

(b)

(1) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government.

The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)

(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

http://www.ccr.gov/�

SP3300-11-B-5003 I-13

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $195.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of Clause)

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)

FAR

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for --

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(End of Clause)

52.219-28 POST AWARD SMALL BUSINESS PROGRAM

FAR REREPRESENTATION (APR 2009)

SP3300-11-B-5003 I-14

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged.

In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/ .

http://www.sba.gov/services/contractingopportunities/sizestandardstopics/�

SP3300-11-B-5003 I-15

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect the Contractor’s current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code ______________ assigned to contract number ______________.[Contractor to sign and date and insert authorized signer's name and title].

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

(a) Definitions. As used in this clause—

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

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

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

SP3300-11-B-5003 I-16

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

and

(2) Submit this estimate to Defense Distribution Center, Acquisition

Operations, Attn: Donna Kautz, J Avenue, Building 404, New Cumberland PA 17070-5001.

(End of Clause)

52.225-9 BUY AMERICAN ACT–CONSTRUCTION MATERIALS

FAR (SEP 2010)

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

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

(i) A commercial item (as defined in paragraph (1) of the definition at 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 section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or 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--

SP3300-11-B-5003 I-17

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

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

“Domestic construction material” means—

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

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components.