SP3300-17-B-0006.pdf

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Site-Wide Replacement of Utility Poles Federal contract opportunity
Solicitation number
SP3300-17-B-0006
Issued by
Defense Logistics Agency Distribution

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2. TYPE OF SOLICITATION

NEGOTIATED (RFP)

3. DATE ISSUED1. SOLICITATION NUMBER

SOLICITATION, OFFER,

AND AWARD

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

6. PROJECT NUMBER5. REQUISITION/PURCHASE REQUEST NUMBER4. CONTRACT NUMBER

8. ADDRESS OFFER TO 7. ISSUED BY CODE

9. FOR INFORMATION

CALL:

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

SOLICITATION

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

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

(See ).notice to proceed. This performance period isaward, mandatory negotiable.

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

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

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by

NOYES

(hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes

b. An offer guarantee

STANDARD FORM 1442 (REV 9-16)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

NSN 7540-01-155-3212

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 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) is, is not required.

SEALED BID (IFB)

SP3300-17-B-0006 2017 JUL 05

0069476834

SP3300

DLA DISTRIBUTION

ACQUISITION OPERATIONS (J7)

430 MIFFLIN AVENUE SUITE 3102A

NEW CUMBERLAND PA 17070-5008

USA

DLA DISTRIBUTION

ACQUISITION OPERATIONS (J7)

430 MIFFLIN AVENUE SUITE 3102A

NEW CUMBERLAND PA 17070-5008

USA

Joshua Woodworth YRE4562 717-770-4192

See Continuation Page(s)

0 240

SECTION F

1 02:00 PM

2017 AUG 10

(Construction, Alteration, or Repair)

PAGE OF PAGES

FACILITY CODECODE

15. TELEPHONE NUMBER (Include area code)

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

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirementby the Government in writing within

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)

AMENDMENT

NUMBER

DATE.

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

AWARD (To be completed by Government)

22. AMOUNT

21. ITEMS ACCEPTED:

23. ACCOUNTING AND APPROPRIATION DATA

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

)10 U.S.C.2304(c) ( )41 U.S.C.3304(a) (

27. PAYMENT WILL BE MADE BY26. ADMINISTERED BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

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

31a. NAME OF CONTRACTING OFFICER (Type or print)

STANDARD FORM 1442 (REV 9-16) BACK

31b. UNITED STATES OF AMERICA 31c. DATE

BY

30b. SIGNATURE 30c. DATE

(4 copies unless otherwise specified)

CONTINUED ON NEXT PAGE

GENERAL OVERVIEW

This acquisition is 100% set-aside for small businesses in accordance with FAR 52.219-6. The resulting contract will be a firm fixed-price contract.

ELECTRONIC SOLICITATION

This solicitation, including all attachments, and any amendments, is only available electronically at the Federal Business Opportunities 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 issuance. Bidders are advised to consult the website frequently to check for any amendments since an amendment may be issued up until the bid opening date and time. Failure to acknowledge amendments may render our bid non-responsive and ineligible for award.

MAGNITUDE OF CONSTRUCTION

The estimated magnitude of construction is between $250,000 and $500,000.

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 Joshua Woodworth at joshua.woodworth@dla.mil and Donna Kautz at 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 Date of Birth Employee Driver’s License Number and State of Driver’s License

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 vehicle registration and insurance for each vehicle entering the installation.

If you plan to take pictures at the site visit Attachment F DLA SP Camera Pass Request Form will need to be sent to joshua.woodworth@dla.mil and Donna Kautz at donna.kautz@dla.mil five (5) working days prior to the site visit. The form must be completed except for signing the bottom. The form will be signed when picked up at Pass and ID at the front gate.

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:

DLA Distribution Acquisition Operations Attn: Joshua Woodworth 430 Mifflin Ave Suite 3102A New Cumberland PA 17070-5008

BID OPENING DATE, TIME AND LOCATION

Bid Opening will be held on August 10, 2017 at 2:00PM local time.

Bid Opening will be held at DLA Distribution, 430 Mifflin Ave Suite 3102A, New Cumberland, PA 17070.

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

PAGE 3 OF 37 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SP3300-17-B-0006

opening must abide by the same procedures as set forth to gain access for the site visit. Failure to follow these procedures may result in you and your bid being late and therefore ineligible for award.

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.

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.

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.

INSURANCE

Reference FAR Clause 52.228-5 Insurance-Work on a Government Installation located in this solicitation.

The minimum amount/kind of insurance required is shown below:

Workers’ Compensation and Employer’s Liability - $100,000 (except in states with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.)

General Liability- $500,000 per occurrence Automobile Liability – Property damage $20,000 per occurrence, Bodily injury $200,000 per person and $500,000 per occurrence.

When requested by the Contracting Officer, the Contractor shall provide a copy of all subcontractors’ proofs of required insurance no later than five (5) days before each subcontractor commences work on the Government installation.

CLAUSES AND PROVISIONS

Clauses and provisions from the Federal Acquisition Regulation (FAR), the Department of Defense (DOD) FAR Supplement (DFARS), and the Defense Logistics Acquisition Directive (DLAD) are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

NOTICE TO ALL PROSPECTIVE BIDDERS

To receive an award resulting from this solicitation, your company must be registered in the System for Award Management (SAM) Database. Reference FAR provision 52.204-7. SAM website is https://www.sam.gov.

INVOICING

The Contractor shall submit payment requests and receiving reports using Wide Area Work Flow (WAWF).

Instructions are found in Section G of this solicitation under DFARS Clause 252.232-7006 Wide Area WorkFlow Payment Instructions (MAY 2013)

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: Site-Wide Replacement of Utility Poles

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Contractor to provide all necessary labor, material and/or equipment to perform all work associated with the following tasks, but is not intended to be limited to these tasks alone:

• Remove approximately 25 existing wood utility poles and associated appurtenances and cabling throughout the Installation without replacement.

• Remove approximately 45 existing wood utility poles throughout the Installation and replace with new utility poles, including associated appurtenances, installed at locations adjacent to existing.

• Generally, existing cabling will be relocated to new poles. New cabling will be furnished and installed as required to extend existing conductors to new pole locations.

• Any damage to pavement or grass areas from the removal of any wood poles or the installation of new wooden poles will be repaired.

• New pole name tags will be furnished and installed on all remaining wooden utility poles throughout the Installation.

All work shall be performed complete and in accordance with the specifications, drawings and solicitation requirements.

HOURS OF WORK

The majority of the work to be performed shall be during regular working hours which consist of an 8½ hour period established by the Contracting Officer, Monday through Friday, normally 0700 to 1530, excluding Government holidays. Please note that some work will require work outside of regular working hours. Refer to Specification Section 01 11 00 Summary of Work and Specification Section 01 14 00 Work Restrictions for additional information regarding service interruptions and work outside of regular working hours.

Davis Bacon Wage Determinations No: PA170014 dated 06/09/2017 applies.

PERIOD OF PEFORMANCE ESTIMATES

The period of performance is estimated to be 8 September 2017 to 26 May 2018; however actual period of performance will be determined at time of award.

QUESTIONS

To avoid a delay in the procurement process, all questions regarding this IFB must be received by 3:00 P.M.

eastern local time on 21 July 2017. Questions received after this date and time will not receive a response.

NOTE TO BIDDERS

Currently the Government does not have funding for this acquisition. It is expected that funding will be available no later than mid-September. Any subsequent award will not be made until funding is available, Ref: FAR 52.232-18 Availability of Funds (Apr 1984).

**Bidders are not to contact the Designer of Record located on Attachment K Project Specifications and Submittals, DLA Distribution is the only point of contact.

PAGE 5 OF 37 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SECTION B

SUPPLIES/SERVICES: Z2NZ-V00008038

ITEM DESCRIPTION:

Contractor to provide the necessary labor, material and/or equipment to perform all work associated with the following items:

Remove approximately 25 existing wood utility poles and associated appurtenances and cabling throughout the Installation without replacement. Remove approximately 45 existing wood utility poles throughout the Installation and replace with new utility poles, including associated appurtenances, installed at locations adjacent to existing. Generally, existing cabling will be relocated to new poles. New cabling will be furnished and installed as required to extend existing conductors to new pole locations. Any damage to pavement or grass areas from the removal of any wood poles or the installation of new wooden poles will be repaired. New pole name tags will be furnished and installed on all remaining wooden utility poles throughout the Installation.

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0001 Z2NZ-V00008038 1.000 MO $ ________________ $ ________________

Other Utilities

PRICING TERMS: Firm Fixed Price

PREP FOR DELIVERY:

N/A

PERIOD OF PERFORMANCE: 09/08/2017 - 05/26/2018

GOVT USE

External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date .

0001 0069476834 0001 N/A N/A N/A 06/15/2017

PAGE 6 OF 37 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SECTION C - SPECIFICATIONS/SOW/SOO/ORD

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

Site-Wide Replacement of Utility Poles

Specifications

31 May 2017

Defense Logistics Agency

DLA Distribution Susquehanna, PA New Cumberland, PA

LOCATED AT SECTION J OF THIS SOLICITATION ATTACHMENT K

(END OF SECTION C)

SECTION D - PACKAGING AND MARKING

This section is not used.

(END OF SECTION D)

SECTION E - INSPECTION AND ACCEPTANCE

FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

FAR 52.246-13 INSPECTION-DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS (AUG 1996)

FAR 52.246-21 -- WARRANTY OF CONSTRUCTION (MAR 1994)

DFARS 252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)

(END OF SECTION E)

SECTION F – DELIVERIES OR PERFORMANCE

FAR 52.211-13 TIME EXTENSIONS (SEP 2000)

FAR 52.242-14 SUSPENSION OF WORK (APR 1984)

FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) (DEVIATION)

The Contractor shall be required to commence work under this contract upon receipt of the notice to proceed (NTP) according to the following schedule:

Complete the entire work ready for use within 240 calendar days after receipt of Notice to Proceed.

A pre-construction meeting will be scheduled no later than ten (10) days after the Notice to Proceed is issued. The Contractor shall provide all Pre-Construction submittal items indicated as "SD-01 Pre- Construction Submittals" in Section 01 33 00 of the Technical Specifications and on the Submittal Register (Form 4288) for this Section. All submittals not delivered to the Pre-Con Meeting shall be shown in the Form 4288 with scheduled dates of delivery. Exceptions to this Submittal delivery requirement may be granted for Shop Drawings that have a long lead-time, e.g., mechanical system, structural, sprinkler etc. Submittals for all specific definable features of work shall be received and approved before any work may commence. All manufacturer installation instruction manuals shall be included in the initial submittal package as well as in the close out O&Ms.

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Special Note regarding submission of Pre-Construction Submittals:

The Contractor shall provide the COR with written documentation of the Construction Progress Schedule that will be adhered to, to ensure that all Pre-Construction Submittals not provided during the Pre-Construction Meeting are submitted in a timely fashion.

The Construction Progress Schedule shall include activities and durations for submittal review (14/21 calendar day review time allotted by the spec), utility interruption requests, progress/coordination meetings, etc., as well as all definable features of work.

If the Construction Progress Schedule is revised so shall the submittal register 01 33 00, paragraph 1.9.

Final Submittals:

Contractor shall provide the following submittal items, as applicable, within 30 calendar days after completion of the work and prior to Final Payment:

As-Built Drawings per Section 01 78 00 Closeout Submittals Operation and Maintenance Manuals Warranties / Guaranties All Testing and Inspection Reports

(End of Clause)

FAR 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 ____$275.00_____ 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 SECTION F)

Section G – CONTRACT ADMINISTRATION DATA

DFARS 252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (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.

(End of clause)

(Revised October 21, 2016)

DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012)

(a) Definitions. As used in this clause—

PAGE 8 OF 37 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

(1) “Contract financing payment” and “invoice payment” have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) “Electronic form” means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) “Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(4) “Receiving report” means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when—

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer’s determination with each request for payment;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or

(4) When the Government wide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

(End of Clause)

DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

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SP3300-17-B-0006

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252246.htm https://wawf.eb.mil/

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

2 in 1 invoice type

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

N/A

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC SL4701

Issue By DoDAAC SP3300

Admin DoDAAC SP3300

Inspect By DoDAAC SB3300

Ship To Code N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) SB3300

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up

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SP3300-17-B-0006

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm https://www.acquisition.gov/ documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Will be identified in the contract documents.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

N/A

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(END OF SECTION G)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

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.

SECURITY PROCEDURES FOR CONSTRUCTION CONTRACTORS WORKING AT DLA DISTRIBUTION SUSQUEHANNA (DDSP), 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) Email NEW PERSONNEL NOTIFICATION form and Identification Badge request forms to the (COR) identified in the task order the day prior to arrival (day prior is the minimum, may be sent up to one week prior to arrival).

4) 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 contractor has completed step 3 in a timely manner, badge information will be entered into DDSP system prior to arrival and will be an aid to expedite processing.

5) 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

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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.

BADGE RENEWAL OF EXPIRED OR EXPIRING BADGES

Complete a new long form badge application (Attachment “D”) and email to the COR identified in the task order 24 hours in advance of renewal application.

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) Job site equipment or having a cap Contractor with utility vehicle or van Enter via Post 4 (Truck Gate)

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) Email the completed CONTRACTOR’S DELIVERY NOTIFICATION form to the COR identified in the task order a minimum of one day prior to delivery.

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.

PHOTOGRAPHS

Cameras may be possessed and operated by authorized persons only. To obtain a Camera Authorization Pass, the COR will provide the request (Attachment “F”) 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.

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

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

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DDSP Emergency Phone: 717-770-7777

DDSP Information Line Phone: 717-770-2866

DDSP Facilities Engineering Contracting Officer Representative (COR)

-will be determined at time of award

(END OF SECTION H)

SECTION I – CONTRACT CLAUSES

FAR 52.202-1 DEFINITIONS (NOV 2013)

FAR 52.203-3 GRATUITIES (APR 1984)

FAR 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

FAR 52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

FAR 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

FAR 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

FAR 52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015)

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

FAR 52.204-2 ALT II SECURITY REQUIREMENTS (AUG 1996)

FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2016)

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

FAR 52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR

PROPOSED FOR DEBARMENT (OCT 2015)

FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

FAR 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

FAR 52.215-2 AUDIT AND RECORDS-NEGOTIATION (OCT 2010)

FAR 52.215-8 ORDER OF PRECEDENCE-UNIFORM CONTRACT FORMAT (OCT 1997)

FAR 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING

DATA -- MODIFICATIONS (OCT 2010)

FAR 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016)

FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING (JAN 2017)

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FAR 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

FAR 52.222-3 CONVICT LABOR (JUN 2003)

FAR 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT – OVERTIME COMPRENSATION (MAY 2014)

FAR 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (MAY 2014)

FAR 52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

FAR 52.222-8 PAYROLLS AND BASIC RECORDS (MAY 2014)

FAR 52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

FAR 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

FAR 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

FAR 52.222-12 CONTRACT TERMINATION-DEBARMENT (MAY 2014)

FAR 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY 2014)

FAR 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

FAR 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

FAR 52.222-26 EQUAL OPPORTUNITY (SEP 2016)

FAR 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 2015)

FAR 52.222-30 DAVIS BACON ACT-PRICE ADJUSTMENT (NONE OR SEPARATELY SPECIFIED METHOD) (DEC 2001)

FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

FAR 52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

FAR 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)

FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

FAR 52.223-3 HAZARDOUS MATERIAL IDENITIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

FAR 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

FAR 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

FAR 52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL HYDROFLUOROCARBONS (JUN 2016)

FAR 52.223-12 REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (MAY 1995)

FAR 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)

FAR 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011)

FAR 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

FAR 52.224-2 PRIVACY ACT (APR 1984)

FAR 52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (MAY 2014)

FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008)

FAR 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

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FAR 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT

(DEC 2007)

FAR 52.227-4 PATENT INDEMNITY—CONSTRUCTION CONTRACTS (DEC 2007)

FAR 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

FAR 52.228-5 INSURANCE – WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

FAR 52.228-11 PLEDGES OF ASSETS (JAN 2012)

FAR 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY 2014)

FAR 52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

FAR 52.228-15 PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION (OCT 2010)

FAR 52.229-3 FEDERAL, STATE AND LOCAL TAXES (FEB 2013)

FAR 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

FAR 52.232-17 INTEREST (MAY 2014)

FAR 52.232-23 Alt I ASSIGNMENT OF CLAIMS (MAY 2014) ALTERNATE I (APR 1984)

FAR 52.232.27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (MAY 2014)

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

FAR 52.233-1 DISPUTES (MAY 2014)

FAR 52.233-3 PROTEST AFTER AWARD (AUG 1996)

FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

FAR 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

FAR 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

FAR 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)

FAR 52.236-8 OTHER CONTRACTS (APR 1984)

FAR 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)

FAR 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)

PAGE 15 OF 37 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

FAR 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

ALTERNATE I (APR 1984)

FAR 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

FAR 52.242-13 BANKRUPTCY (JUL 1995)

FAR 52.243-4 CHANGES (JUN 2007)

FAR 52.243-6 CHANGE ORDER ACCOUNTING (APR 1984)

FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2017)

FAR 52.248-3 VALUE ENGINEERING – CONSTRUCTION (OCT 2015)

FAR 52.249-2 Alt I TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)

(APR 2012) ALTERNATE I (SEP 1996)

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

FAR 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

DFARS 252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-RELATED FELONIES (DEC

2008)

DFARS 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(SEP 2013)

DFARS 252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012)

DFARS 252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)

DFARS 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

DFARS 252.204-7005 ORAL ATTESTATION OF SECURITY RESPONSIBILITIES (NOV 2001)

DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016)

DFARS 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS

(DEC 1991)

DFARS 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A COUNTRY

THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015)

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

DFARS 252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS MATERIALS (SEP 2014)

DFARS 252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)

DFARS 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2016)

DFARS 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE

HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004)

DFARS 252.227-7033 RIGHTS IN SHOP DRAWINGS (APR 1966)

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

DFARS 252.236-7000 MODIFICATION PROPOSALS-PRICE BREAKDOWN (DEC 1991)

DFARS 252.236-7005 AIRFIELD SAFETY PRECAUTIONS (DEC 1991)

DFARS 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

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DFARS 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (APR 2014)

FAR 52.219-28 POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)

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

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/ .

(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.

PAGE 17 OF 37 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

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

(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 [X ] is, [ ] is not a small business concern under NAICS Code __237130______ assigned to contract number ______________.[Contractor to sign and date and insert authorized signer's name and title].

FAR 52.223-9 Estimate of Percentage of Recovered Material Content 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—

(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: Joshua Woodworth, 430 Mifflin Ave Suite 3102A, New Cumberland PA 17070-5008.

(End of Clause)

FAR 52.225-11 BUY AMERICAN ACT-CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (FEB 2016)

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

“Caribbean Basin country construction material” means a construction material that--

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

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

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

(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

PAGE 18 OF 37 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

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

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

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

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

“Cost of components” means--

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

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

“Designated country” means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark.

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