SP330017B0011.pdf

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-0011 2017 JUL 28

See Schedule

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

Mogen Gilson PNNAB53 717-770-4757

See Continuation Page(s)

0 90

1 01:00 PM

2017 AUG 30

(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 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 and return

(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 $250,000.00 and $500,000.00.

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 must provide the name of company, name of visitor, and driver’s license number and state of issue to gain security clearance to DLA Distribution San Joaquin CA (DDJC), Tracy Site. Please send the information at least 48 hours in advance of the site visit date to the Project Engineer to allow the security office to run a background check on the visitor’s driver license. Contractors may call Joe Orpilla at (209) 839-4522, or send the information in an email to joseph.orpilla@dla.mil. All visitors will check in at the Pass Office located in Building 29A. The gate entrance is located at the Valpico Road and South Chrisman Road intersection. The military installation address is: 25600 S. Chrisman Road, Tracy, CA 95304. We will meet in the parking lot for Pass & ID north of Building 29 at 10:00 am Pacific and then drive to the warehouse.

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: Mogen Gilson 430 Mifflin Avenue Suite 3102A New Cumberland PA 17070-5008

BID OPENING DATE, TIME AND LOCATION

Bid Opening will be held on September 6, 2017 at 10:00 AM pacific standard time.

Bid Opening will be held at DLA Distribution, 430 Mifflin Avenue Suite 3102A New Cumberland PA 17070-5008.

Please take note that the contracting office, and bid submission address is in New Cumberland, Pennsylvania.

Hand delivering your bid to DDJC will not be accepted.

ACCESS TO THE INSTALLATION FOR THE BID OPENING

Anyone planning on attending the bid 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 not gaining access for the bid opening.

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.

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SP3300-17-B-0011

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 clause 52.204-7. SAM website is https://www.sam.gov.

Period of Performance:

Transformer Portion (CLIN 0001):

Contractor shall commence work upon receipt of the Notice to Proceed (NTP) and complete the entire work ready for use within 90 calendar days from receipt of the NTP.

UPS Portion (CLIN 0002):

Contractor shall commence work upon receipt of the Notice to Proceed (NTP) and complete the entire work ready for use within 120 calendar days from receipt of the NTP.

HOURS OF WORK

Contractor's working hours, which do not require a power outage, will coincide with working hours of Defense Logistics Agency, DDJC, a normal five (5) day, forty (40) hour week, Monday through Friday, from 7:00 A.M. to 3:30 P.M., except Federal holidays. Federal holidays are those days officially observed by the Federal

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Government. Saturday holidays are observed on the preceding Friday and Sunday holidays the following Monday.

New Year's Day, Martin Luther King Day, President's Day, Memorial Day, July Fourth, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day as may be declared by the President to be a Federal holiday.

Construction Wage Determination Number CA170029 Modification Number 16 Dated 07/07/2017 applies.

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 252.232-7003 ELECTRONIC SUBMISSION

OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012)

ALL QUESTIONS

Questions shall be submitted by electronic mail to the Contract Specialist, Mogen Gilson via email at mogen.gilson@dla.mil with the appropriate subject: SP3300-17-B-0011 IFB Question; SP3300-17-B-0011 Site Visit Question and must be received by 10:00 A.M. Pacific time on August 17, 2017. Questions received after this date and time may not receive a response. No questions may be submitted during the Site Visit. Answers to questions will be posted to the FEDBIZOPPS website via an amendment to the IFB.

LIQUIDATED DAMAGES: Yes, For all CLINs (0001 and 0002)

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 $1,500.00 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)

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:

Replace Transformer and UPS Upgrade Building 100. Contractor shall provide construction services to include all labor, management, supervision, tools, materials, equipment, and transportation to replace transformer and upgrade UPS at DLA Defense Distribution Depot San Joaquin in accordance with Scope of Works (SOWs), plans and specifications.

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SECTION B

SUPPLIES/SERVICES: J061-V00007124

ITEM DESCRIPTION:

CLIN 0001: Remove and Replace transformer

Provide the necessary labor, material, and/or equipment to perform all work as called out in the drawings and specifications to replace transformer in building 100.

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

0001 J061-V00007124 1.000 JB $ ________________ $ ________________

REMOVE AND REPLACE

TRANSFORMER

PRICING TERMS: Firm Fixed Price

PREP FOR DELIVERY:

See Attached Statement of Work.

PERIOD OF PERFORMANCE: 09/29/2017 - 01/01/2018

GOVT USE

External External External Customer RDD/

ITEM PR PRLI PR PRLI Material Need Ship Date .

0001 0069191725 0001 N/A N/A N/A 05/25/2017

SUPPLIES/SERVICES: Z2GZ-V00010014

ITEM DESCRIPTION:

CLIN 0002: Upgrade UPS

Provide the necessary labor, material, and/or equipment to perform all work as called out in the drawings and specifications to replace transformer and upgrade UPS in building 100.

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SECTION B

SUPPLY/SERVICE: Z2GZ-V00010014 CONT'D

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

0002 Z2GZ-V00010014 1.000 JB $ ________________ $ ________________

UPS UPGRADE

PRICING TERMS: Firm Fixed Price

PREP FOR DELIVERY:

See Attached Statement of Work.

PERIOD OF PERFORMANCE: 09/29/2017 - 02/02/2018

GOVT USE

External External External Customer RDD/

ITEM PR PRLI PR PRLI Material Need Ship Date .

0002 0069744869 0001 N/A N/A N/A 07/06/2017

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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:

STATEMENT OF WORKs

FOR

Replace Transformer and UPS Upgrade Building 100 DLA Distribution San Joaquin-Tracy Site

LOCATED AT SECTION J OF THIS SOLICITATION ATTACHMENTS 2-3

(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)

(END OF SECTION E)

SECTION F – DELIVERIES OR PERFORMANCE

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) and complete all work to include close out documentation within (90 days-CLIN 0001), (120 DAYS CLIN 0002) after receipt of the NTP according to the following schedule:

A preconstruction meeting will be scheduled within 10 calendar days after the NTP is issued. The Contractor shall provide all initial submittal items indicated in the Specifications at the pre-construction 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 013300 as well as Section

013529 Accident Prevention Plan (APP).

Final Submittals: Contractor shall provide the following submittal items within 30 calendar days after completion of project and prior to final payment

As-built Drawings, 0171800 1.2.1 As-built Record of Equipment and Materials, 071800 1.2.2 Warranty Management Plan, 017800, 1.3.1 Operation and Maintenance Manual, 071800.1.5

(End of Clause)

(END OF SECTION F)

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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)

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

(a) Definitions. As used in this clause—

(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 Governmentwide 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.

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SP3300-17-B-0011

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

(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.

(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

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SP3300-17-B-0011

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm https://www.acquisition.gov/

Admin DoDAAC SP3300

Inspect By DoDAAC SB3200

Ship To Code N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) SB3300

Service Acceptor (DoDAAC) N/A

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 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 Clause)

(END OF SECTION G)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

This section is not used.

(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)

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

FAR 52.214-27 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA-

MODIFICATIONS-SEALED BIDDING (AUG 2011)

FAR 52.214-28 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA – MODIFICATIONS- SEALED

BIDDING (OCT 2010)

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

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)

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 – 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)

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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 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

FAR 52.222-26 EQUAL OPPORTUNITY (SEP 2016)

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

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 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 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 HYDROFLOUROCARBONS (JUN 2016)

FAR 52.223-12 MAINTENANCE, SERVICE REPAIR, OR DISPOSAL OF REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (JUN

2016)

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)

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)

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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 (JAN 2017)

FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

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)

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 52.242-14 SUSPENSION OF WORK (APR 1984)

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)

PAGE 14 OF 34 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

FAR 52.245-9 USE AND CHARGES (APR 2012)

FAR 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

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 252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)

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

DFARS 252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)

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

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUADING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016)

DFARS 252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY

CONTRACTOR REPORTED CYBER INCIDENT INFORMATION (OCT 2016)

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,TREATMENT 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 252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005)

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

HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004)

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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)

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

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

DLAD 52.204-9000 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (JUL 2015)

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

PAGE 16 OF 34 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

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

(End of Clause)

FAR 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008)

(a) Definitions. As used in this clause—

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

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

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

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

(2) Submit this estimate to Defense Distribution Center, Acquisition Operations, Attn: Mogen Gilson, J Avenue, Building 404, New Cumberland PA 17070-5001.

(End of Clause)

FAR 52.225-11 BUY AMERICAN ACT-CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT 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);

PAGE 17 OF 34 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

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

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

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

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

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

“Cost of components” means--

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

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

“Designated country” means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark. Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

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

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

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

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

Basin country construction material.

“Domestic construction material” means—

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

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

PAGE 18 OF 34 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic: or

(ii) The construction material is a COTS item.

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

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

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

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

“Least developed country construction material” means a construction material that--

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

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

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

“WTO GPA country construction material” means a construction material that--

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

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

(b) Construction materials.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.50-5(a)(2)). In addition, the Contracting

Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.

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

(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:____________________ [Contracting Officer to list applicable excepted materials or indicate “none”]

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

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

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

(c) Request for determination of inapplicability of the Buy American Statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including--

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies,…