TLF Roof Replacements Attachment 07 Special_Construction_Clauses_31 March 2025.pdf

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SPECIAL CLAUSES FOR CONSTRUCTION

NFC-36-204 - DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION PROJECTS

(NOV 2020)

Advance notices and solicitations shall state the magnitude of the requirement in terms of physical characteristics and estimated price range. In no event shall the statement of magnitude disclose the NAFI’s estimate. Therefore, the estimated price should be described in terms of one of the following price ranges:

(a) Less than $25,000.

(b) Between $25,000 and $100,000.

(c) Between $100,000 and $250,000.

(d) Between $250,000 and $500,000.

(e) Between $500,000 and $1,000,000.

(f) Between $1,000,000 and $5,000,000.

(g) Between $5,000,000 and $10,000,000.

(h) More than $10,000,000.

(End of clause)

NFC-203-14 - DISPLAY OF HOTLINE POSTER(S) (JUN 2020)

(a) Definition.

“United States,” as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites.

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

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(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from Defense Hotline Posters http://www.dodhotline.dodig.mil/Hotline/posters.cfm

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5.5 million, except when the subcontract

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

(End of clause)

NFC-211-12 - LIQUIDATED DAMAGES – CONSTRUCTION (SEPT 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 NAFI in the amount of $574.93 on first day and $284.41 for each day thereafter for each calendar day of delay until the work is completed or accepted.

(b) If the NAFI 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) http://www.dodhotline.dodig.mil/Hotline/posters.cfm

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NFC-222-36 - EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN

2020)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(c) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

NFC-225-9 – BUY AMERICAN–CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause-- “Commercially available off-the-shelf (COTS) item”

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

(i) A commercial item;

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

(iii) Offered to the NAFI, 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 a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of https://www.acquisition.gov/far/22.1408#FAR_22_1408

Page 4 of 10 31 March 2025 those systems are delivered to the construction site. Materials purchased directly by the NAFI 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.

“Domestic construction material” means

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

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

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

Components of foreign origin of the same class or kind for which non availability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the 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. The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the NAFI as follows:

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____________________[Contracting Officer to list applicable excepted materials or indicate "none”]

(2) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the NAFI determines that

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

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

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

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for NAFI 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

Page 6 of 10 31 March 2025 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 NAFI determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) * Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

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(End of Clause)

NFC-252-2 - CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Full text is available online at:

https://www.afnafpo.afsv.net/ConstructionSupport.aspx (NAF Contracting).

(End of clause)

NFC-252-4 - ALTERATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follows:

(End of Clause)

NFC-252-6 - AUTHORIZED DEVIATION IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any NAFI clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any NAFI clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Clause)

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CLAUSES INCORPORATED BY REFERENCE

NFC-202-1

NFC-203-2

NFC-203-3

NFC-203-5

NFC-203-7

NFC-203-8

NFC-203-10

NFC-203-11

NFC-203-12

NFC-203-13

NFC-203-16

NFC-203-17

NFC-204-3

NFC-204-4

NFC-204-5

NFC-204-9

NFC-204-12

NFC-204-19

NFC-209-2

NFC-209-5

NFC-209-6

NFC-209-9

NFC-210-1

NFC-211-10

NFC-211-13

NFC-215-2

NFC-215-6

NFC-215-8

NFC-222-1

NFC-222-4

NFC-222-5

NFC-222-6

NFC-222-7

NFC-222-8

NFC-222-9

NFC-222-10

Definitions Certificate of Independent Price Determination Gratuities Covenant Against Contingent Fees Anti-Kickback Procedures Cancellation, Recession, and Recovery of Funds for Illegal or Improper Activity Price or Fee Adjustment for Illegal or Improper Activity Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions Limitation on Payments to Influence Certain Federal Transactions Contractor Code of Business Ethics and Conduct Preventing Personal Conflicts of Interest.

Contractor Employee Whistleblower Rights and Requirement to Inform appraisals Taxpayer Identification Printed or Copied Double-Sided on Postconsumer Fiber Content Paper Women-Owned Business (Other Than Small Business) Personal Identity Verification of Contractor Personnel Data Universal Numbering System Number Maintenance Incorporation by Reference of Representations and Certifications Prohibition on Contracting with Inverted Domestic Corporations – Representation.

Certification Regarding Responsibility Matters Protecting the NAFI's Interest When Subcontracting with Contractor's Debarred, Suspended, or Proposed for Debarment Updates of Publicly Available Information Regarding Responsibility Matters Market Research Commencement, Prosecution, and Completion of Work Time Extensions Audit and Records—Negotiations Place of Performance Order of Precedence—Uniform Contract Format Notice to the NAFI of Labor Disputes Contract Work Hours and Safety Standards-Overtime Compensation Employment Eligibility Verification.

Construction Wage Rate Requirements.

Withholding of Funds.

Payrolls and Basic Records Apprentices and Trainees. (Deviation 2025-O0003) Compliance with Copeland Act Requirements.

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NFC-222-11

NFC-222-12

NFC-222-13

NFC-222-14

NFC-222-18

NFC-222-22

NFC-222-25

NFC-222-27

NFC-222-37

NFC-222-38

NFC-222-40

NFC-222-48

NFC-222-52

NFC-223-1

NFC-223-2

NFC-223-3

NFC-223-4

NFC-223-6

NFC-223-9

NFC-223-10

NFC-223-15

NFC-223-17

NFC-223-18

NFC-224-1

NFC-224-2

NFC-225-2

NFC-225-4

NFC-225-6

NFC-225-13

NFC-225-20

NFC-225-25

NFC-226-2

NFC-227-1

NFC-227-2

NFC-227-4

NFC-227-6

NFC-227-15

NFC-228-2

Subcontracts (Labor Standards) Contract Termination- Debarment.

Compliance with Construction Wage Rate Requirements and Related Regulations Disputes Concerning Labor Standards.

Certification Regarding Knowledge of Child Labor for Listed End Products Previous Contracts and Compliance Reports Affirmative Action Compliance Affirmative Action Compliance Requirements for Construction.

Employment Reports on Veterans.

Compliance with Veterans' Employment Reporting Requirements

Notification of Employee Rights Under the National Labor Relations Act.

Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification Exemption from Application of the Service Contract Labor Standards to Contracts for Services-Certification.

Biobased Product Certification Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

Hazardous Material Identification and Material Safety Data.

Recovered Material Certification Drug-Free Workplace.

Estimate of Percentage of Recovered Material Content for EPA – Designated Items.

Waste Reduction Program. (DEVIATION 2025-O0004) Energy Efficiency in Energy-Consuming Products.

Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

Encouraging Contractor Policies to Ban Text Messaging While Driving Privacy Act Notification.

Privacy Act.

Buy American Act Certificate Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate Trade Agreements Certificate Restrictions on Certain Foreign Purchases Prohibition on Conducting Restricted Business Operations in Sudan-Certification Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications Historically Black College or University and Minority Institution Representation Authorization and Consent.

Notice and Assistance Regarding Patent and Copyright Infringement.

Patent Indemnity- Construction Contracts.

Royalty Information Representation of Limited Rights Data and Restricted Computer Software Additional Bond Security.

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NFC-228-5 Insurance-Work on a NAFI Installation.

NFC-228-11 Pledges of Assets NFC-228-12 Prospective Subcontractor Requests for Bonds.

NFC-228-14 Irrevocable Letter of Credit.

NFC-228-15 Performance and Payment Bonds- Construction.

NFC-229-3 Federal, State, and Local Taxes.

NFC-232-5 Payments under Fixed-Price Construction Contracts.

NFC-232-17 Interest.

NFC-232-27 Prompt Payment for Construction Contracts.

NFC-232-34 Payment by Electronic Funds Transfer – Other than System for Award

Management NFC-232-39 Unenforceability of Unauthorized Obligations.

NFC-233-3 Protest after Award.

NFC-233-4 Applicable Law for Breach of Contract Claim NFC-236-2 Differing Site Conditions NFC-236-3 Site Investigation and Conditions Affecting the Work.

NFC-236-5 Material and Workmanship.

NFC-236-6 Superintendence by the Contractor NFC-236-7 Permits and Responsibilities.

NFC-236-8 Other Contracts.

NFC-236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements.

NFC-236-10 Operations and Storage Areas.

NFC-236-11 Use & Possession Prior to Completion.

NFC-236-12 Cleaning Up.

NFC-236-13 Accident Prevention.

NFC-236-14 Availability and Use of Utility Services.

NFC-236-15 Schedules for Construction Contracts.

NFC-236-17 Layout of Work.

NFC-236-21 Specifications and Drawings for Construction.

NFC-236-26 Preconstruction Conference.

NFC-236-7009

NFC-242-13

NFC-242-14

NFC-243-4

NFC-244-6

NFC-245-1

NFC-246-12

NFC-246-21

NFC-248-1

NFC-249-1

NFC-249-10

Option for Supervision and Inspection Services Bankruptcy Suspension of Work Changes Subcontracts for Commercial Items (DEVIATION 2025-O0003) NAFI Property Inspection of Construction Warranty of Construction Value Engineering--Construction Termination for Convenience of the NAFI (Fixed-Price) (Short Form) Default (Fixed-Price Construction)