SRM MATOC AMD 1-18 JUN 2024.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

PROJECT TITLE/LOCATION: SRM MATOC 3.0

The purpose of this Amendment is to make changes/additions as outlined in the attached Summary of Changes.

All other terms and conditions outlined in the RFP remain unchanged.

POC for this Amendment is MAJ Raven S. Donelson, 907-753-5611

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 18-Jun-2024

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W911KB24R0011

X 9B. DATED (SEE ITEM 11)

22-May-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

18-Jun-2024

CODE

U.S. ARMY ENGINEER DISTRICT, AK

CEPOA-CT (W911KB)

2204 TALLEY AVENUE

JBER AK 99506-0898

W911KB 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SRM MATOC 3.0 W911KB24R0011

SUMMARY OF CHANGES

a. The following drawings are substituted for the superseded documents/sections:

NONE

b. The following revised documents/sections are substituted for the superseded documents/sections:

a) Section 00 22 10, page 1, 5, 6, 7, and 9

b) Section 00 73 00, Paragraph 4.0

c) Section 00 72 00, page 3 and 98-103

c. The following sections are deleted:

NONE

d. The following documents are added:

NONE

e. The following revisions are incorporated:

NONE

f. Other:

- Bidder Inquiry Report is attached

- The proposal due date is hereby extended from 25 June 2024, 2:00PM Alaska

Daylight Time, to 9 July 2024, 2:00PM Alaska Daylight Time.

(End of Summary of Changes)

ALL OTHER TERMS AND CONDITIONS SHALL REMAIN THE SAME.

SECTION 00 22 10 W911KB24R0011

SRM MATOC

PHASE 1 PROPOSAL SUBMISSION REQUIREMENTS

EVALUATION CRITERIA

1.0 OVERVIEW

2.0 GENERAL INSTRUCTIONS

3.0 PHASE 1 - PROPOSAL INFORMATION AND RELATED EVALUATION

FACTORS AND ELEMENTS

4.0 TAB A - STANDARD FORM 1442 AND PROPOSAL DATA SHEET

5.0 TAB C B – FACTOR 1 - PAST PERFORMANCE

6.0 TAB D C – FACTOR 2 - ORGANIZATION AND MANAGEMENT

7.0 PHASE 1 EVALUATION PROCEDURES

8.0 DEFINITIONS

ATTACHMENT 1- PROPOSAL DATA SHEET

ATTACHMENT 2 – OFFEROR CONSTRUCTION, DESIGN FIRM OR IN-HOUSE DESIGN

CAPABILITY EXPERIENCE FORM

ATTACHMENT 3 – NAVFAC/USACE PAST PERFORMANCE QUESTIONNAIRE (FORM PPQ-0)

ATTACHMENT 4 – LETTER OF COMMITMENT FOR DESIGN FIRM (USE COMPANY

LETTERHEAD)

5.1.6.1. A project description using “Offeror Experience Form” (Attachment 2). The offeror must address all items included on Attachment 2 (no more than 2 pages per project). Offerors may identify state and local government and private contracts that are similar to the requirements of this solicitation. If a completed Contractor Performance Assessment Reporting System (CPARS) evaluation is available, submit it with the proposal (No page limitation)

5.1.6.2. If there is not a completed CPARS evaluation, submit a completed Past Performance Questionnaire (PPQ) (Attachment 3) for the project (No page limitation). Previously completed PPQ’s may be submitted; however, offerors are advised to ensure correct phone numbers and email addresses are provided for the Client point of contact. (Do not submit a PPQ when a completed CPARS evaluation is available.) The completed Past Performance Questionnaires should be submitted with your proposal and may be duplicated for submission on future solicitations. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before the proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ (Attachment 3), which will provide contract and client information for the respective project(s).

5.1.7 Past performance refers to the quality of recent project experience from the owner’s perspective. If the Offeror is unable to obtain a completed PPQ from a client for the project(s) before proposal closing date, the Offeror should complete and submit with proposal the first page of the PPQ. The offeror shall provide customer reference name(s), company affiliation and current contact information (phone number and email address) on the specific project experience and include the performance rating by the owner, if the offer was rated. Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contact, Theresa Afrank via email at Theresa.m.afrank@usace.army.mil and Raven Donelson at Raven.s.donelson@usace.army.mil prior to RFP closing date. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

5.1.8 PPQs are source selection materials. All successfully submitted PPQs will receive an email confirmation upon receipt. If the offeror does not receive the confirmation, it is the offeror’s responsibility to follow up to ensure the Government has received the information.

5.1.9 Offerors may provide explanation on problems encountered on past projects and the corrective actions taken by the offeror.

5.1.2 5.1.10 The Government may contact and interview the points of contact and reserves the right to review data from CPARS or other agency performance databases on projects determined to be recent and relevant as defined above. Team members are encouraged to briefly provide information on problems encountered on identified or other contracts and the corrective action taken.

5.1.3 5.1.11 In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through Contractor Performance Assessment Reporting System (CPARS) including interim reports on projects at least 50% complete, inquiries of owner representative(s), using all CAGE/UEI numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offerors’ proposal, Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), telephone interviews with organizations familiar with the offeror’s performance, Government personnel with personal knowledge of the offer’s performance capability, and any other known sources not provided by the offeror. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

5.1.4 5.1.12 An offeror will not receive credit for past performance of a parent, sister or other affiliated company if the offeror fails to demonstrate what resources of the parent, sister or other affiliated company will be provided or relied upon or fails to demonstrate the existence of a contractual or meaningful relationship with the parent, sister or other affiliated company. An offeror may receive credit for relevant past performance under a previous business arrangement (joint venture for example) if the offeror demonstrates that their role on the submitted project is relevant to their role on this project.

5.1.5 5.1.13 Provide a supplemental narrative, not to exceed two (2) pages, to address the following that are applicable.

1. Describe any previous teaming experience between current team members, if not described on the project experience forms.

2. Address how the team members worked together to achieve safety, quality, and schedule compliance goals. Identify specific projects.

5.1.6 5.1.14 A firm will not receive credit under this factor for past performance of key personnel proposed for this project. An offeror may receive credit for relevant experience under a previous business arrangement

(ex. Joint venture) if the offeror demonstrates that their role on the submitted project is relevant to their proposed role on this project. If the offeror is a joint venture, each firm of the joint venture shall provide information, demonstrating experience relevant to their role on this requirement. Offerors who submit experience information of a parent, sister, or other affiliated company must describe what involvement such company will have on the instant acquisition. The offeror shall provide a one-page narrative that clearly and specifically indicates what resources of the parent, sister, or other affiliated company – its workforce, management, facilities, or other resources - will be provided or relied upon for contract performance. The Government may discount the experience of a parent, sister or other affiliated company unless the prime contractor clearly provided evidence of a binding teaming agreement or other contractual agreement which creates legal responsibility on the part of the parent, sister or other affiliated company or provides a Meaningful Relationship Commitment Letter including the following:

1. A statement of commitment as the performance and utilization of the identified entity’s resources on the project

2. Signatures of both the Offeror and Meaningful Relationship Entity.

5.2 EVALUATION CRITERIA:

5.2.1 The past performance evaluation results in an assessment of the offeror’s probability of meeting the solicitation requirements. The past performance evaluation considers each offeror’s demonstrated recent and relevant record of performance in supplying design, construction, and/or design-build services that meet the contract’s requirements. The Government will first assess and rate the relevancy of recent projects accomplished by the offeror to the scope of this contract for overall application to the performance confidence assessment ratings described hereinafter. As stated in submission requirements for this factor, offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs; however, this does not preclude the Government utilizing previously submitted PPQ information in the past performance evaluation.

There are three (3) aspects to the past performance evaluation: recency, relevancy (including context of data), and quality (including general trends in contractor performance and source of information). The first aspect is to evaluate the recency of the offeror’s past performance. For this solicitation, recent projects are those completed or substantially complete ** (as defined above) within six (6) years of the date that proposals are due.

The second aspect is to determine how relevant a recent effort accomplished by the offeror is to the work required by this solicitation. The projects will include those submitted as well as from other sources described above. This relevancy rating is not a separate proposal rating but is only used in developing overall past performance confidence assessment rating assigned to the Past Performance Factor. With respect to relevancy, past performance on projects with more relevance will typically be a stronger predictor of future success and have more influence on the past performance confidence assessment rating than past performance on projects of lesser relevance.

AMD# 01-Relevant experience includes:

a) Experience with construction or renovation of small projects;

b) Location of work and similarity to the climate Zones 1A, 7 and 8 as defined by ANSI/ASHRAE Standard 169 climate zone map for the United States;

c) Previous design-build experience;

d) Previous teaming experience between the prime contractor and primary design firm.

Experience with small construction projects is considered most relevant. Experience examples that demonstrate design-build, new construction projects, renovation projects and/or previous teaming experience with the same design firm will receive additional rating consideration.

The third aspect of the past performance evaluation, quality is to determine how well the offeror performed on its past performance projects. The Government will consider the currency and relevance of the information, source of the information, context of the data, and general trends in contractor performance. The entity will be rated on its own performance. The Government will target areas covered in the requirements of this proposal including records of conforming to quality, schedule, cost control, customer satisfaction, level of support for such things as as-built documentation, O&M manual, training, problem resolution for design or construction errors, warranty work, management of the work, subcontractor management (including timely payment to subcontractors or suppliers), relations between owner and designer or contractor, correcting design or construction errors, and safety. The Government places higher value on projects which provided particularly difficult or unique challenges and the innovative methods the contractor used to resolve problems successfully. The rating for this factor will be expressed as a degree of confidence in the offeror’s ability to successfully accomplish types of contract requirements anticipated under this solicitation.

Page 7of 13

Performance Confidence Assessment:

Each offeror will be assigned one of the following ratings:

Substantial Confidence: Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence: Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Limited Confidence: Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence: Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

Unknown Confidence (Neutral): No recent/relevant performance record is available, or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorable or unfavorably on the factor of past performance.

5.2.4 Each entity (firm) will be rated on its own performance or that of its predecessor, if relevant. Past performance of a parent, sister or other affiliated company will not be considered if the offeror fails to demonstrate what resources of the parent, sister, or other affiliated company will be provided or relied upon or fails to demonstrate the existence of a contractual or meaningful relationship with the parent, sister or other affiliated company. Past performance under a previous business arrangement will not be considered relevant if the offeror’s role on the project is not considered relevant. If the Government does not obtain past performance information for the projects identified by the offeror and cannot establish a past performance record for the offeror through other sources, past performance will be rated neither favorably nor unfavorably. The performance confidence assessment will be considered “Unknown Confidence (Neutral)”. (see FAR 15.305(a)(2)(iv)). The SSAC may recommend and the SSA may determine, that a “Substantial Confidence” or “Satisfactory Confidence” past performance rating is worth more than a “Neutral Confidence” past performance rating in a best value tradeoff as long as the determination is consistent with stated solicitation criteria.

6.0 TAB C – FACTOR 2 - ORGANIZATION AND MANAGEMENT

6.1 SUBMISSION REQUIREMENTS:

6.1.1 Provide a narrative and organizational chart that describes the offeror’s organization as outlined in paragraph 7.1.2 6.1.2 below. Limit the narrative to five (5) pages or less and the organizational chart to one 11” x 17” page. The page limit does not include organizational chart.

6.1.2 Organization: Describe what firms will be utilized, their roles and responsibilities and any contractual arrangements that have been established. Clearly describe any teaming or joint venture arrangements, including a clear description of each firm’s roles and responsibilities on the project. The Offeror shall submit unequivocal letters of commitment with its design firms(s) (see Attachment 4).

Include a simple organizational chart, illustrating the organization, including the name, position title and

SECTION 00 73 00 W911KB24R0011

1. Date of order

2. Contract number and order number

3. Contract line item number (CLIN), description, quantity, and unit price or estimated cost and fee

4. Scope of Work

5. Delivery or performance schedule

6. Accounting and appropriation data

7. Method of payment and payment office, if not specified in the contract

8. Any other pertinent information

3.11 The task order will be signed by the Contracting Officer.

3.12 The Contracting Officer may at any time, prior to award of the task order, determine that the task order is not in the best interest of the Government and not issue the task order. No liability will accrue to the

Government for task orders cancelled prior to award.

3.13 Bonds and Insurance: Performance and payment bonds are required in the total amount of awarded Task

Orders within 10 days of notice of award. Insurance certificates as required by the Task Order shall also be received within 10 days of notice of award. No physical construction efforts or work on a government installation shall begin before receipt and approval of required bonds and insurance have been received.

3.14 Notice to Proceed (NTP): The Contracting Officer shall issue a separate NTP letter upon receipt and approval of performance and payment bonds.

3.15 Signature Authority: Authorities set forth in the Contract or subsequent notifications from the Contractor shall be in effect for Task Orders unless separate notification of signature authority is received from the

Contractor.

3.16 OPTIONS WITHIN TASK ORDERS AND/OR MODIFICATIONS: The Government may require performance of additional work, identified as an option item in individual task orders or modifications to task orders, at the price stated in the task order award. The Contracting Officer may exercise the option by written notice to the Contractor within the option acceptance period stated in the specific task order or modification. Exercised options shall be completed within the task order completion period. Options will be evaluated in accordance with Task Order FAR Provision 52.217-5.

4.0 BUY AMERICAN ACT ADVISORY NOTICE

Your attention is invited to Section 00 72 00, Task Order Provisions 52.225-9 and 52. 225-11 Notice of

Buy American Act Requirement-Construction Materials and Construction Materials under Trade

Agreements Buy American-Construction Materials You are advised to inform your potential subcontractors and suppliers of the Buy American Act requirements contained in this solicitation.

Subparagraph (b) of the clause provides instructions for pre-award determinations as follows: “Requests for determinations of inapplicability. An offeror

SECTION 00 73 00 W911KB24R0011

requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-10 and 52.225-12 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.”

In accordance with FAR Part 25 Foreign Acquisition, subpart 25.205 entitled Post Award determinations, subparagraph (a), if a contractor requests a determination regarding the inapplicability of the Buy

American Act after task order award, the contractor must explain why it could not request the determination before task order award or why the need for such determination otherwise was not reasonably foreseeable.

5.0 TASK ORDER OMBUDSMAN

IAW FAR 16.505 (b)(8), the USACE Head of the Contracting Activity (HCA) has appointed a USACE Task

Order Ombudsman. If the contractor believes it was not fairly considered for a particular task order, the contractor may present the matter to the contracting officer. The contractor may appeal the explanation or decision of the contracting officer to the USACE Ombudsman at the following address:

USACE Task and Delivery Order Ombudsman

COL JASON K. JEFFERIS

U.S. Army Corps of Engineers 441 G Street NW Washington D.C. 20314-1000 Email:

The ombudsman will review the contractor’s complaint, and in coordination with the contracting officer, ensure that the contractor was afforded a fair opportunity to be considered for the task order.

6.0 PAYMENTS: All requests for payment shall be submitted to the Contracting Officer’s Representative assigned to the task order. Payments to the Contractor will only be made against the CLIN associated with the specific Task (to include Fiscal Year in which the work was performed) for which the Contractor is requesting payment. The Contractor is required to clearly identify the CLIN and the amount billed for each

Task within the Task Order on the payment request (invoice). Work under FFP CLINS will be payable upon tender and acceptance under FAR 52.232-5 "Payments under Fixed-Priced Construction Contracts" and FAR 52.232-27 "Prompt Payment for Construction Contracts."

7.0 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE(S) (COR): Designation will be made upon base IDIQ contract awards and per each individual task order. Copies of the designation letters will be furnished to the contractor. Limits of authority are described in each designation letter. (If the assignments are changed, a new letter will be furnished to the contractor accordingly.

8.0 COMMUNICATION SECURITY: All communications with DOD organizations are subject to

COMSEC review. Contactor personnel shall be aware that telecommunications networks are continually subject to intercept by unfriendly intelligence organizations. The DOD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from or

SECTION 00 72 00 CONTRACT CLAUSES W911KB24R0011

52.223-20 Aerosols 52.223-21 Foams 52.224-1 Privacy act notification 52.224-2 Privacy act 52.224-3 Privacy training 52.225-9 Buy American Act – Construction Materials

52.225-11 Buy American-Construction Materials under Trade Agreements 52.225-12

52.225-12 ALT

Notice of Buy American Act Requirements—Construction Materials Alt I Under Trade Agreements Notice of Buy American Act Requirement – Construction Materials - Alternate I

52.225-13 Restrictions on Certain Foreign Purchases 52.227-1 Authorization and Consent 52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement 52.227-4 Patent Indemnity-Construction Contracts 52.228-2 Additional Bond Security 52.228-5 Insurance - Work on a Government Installation 52.228-11 Pledges of Assets 52.228-12 Prospective Subcontractor Requests for Bonds 52.228-13 Alternative Payment Protections 52.228-14 Irrevocable Letter of Credit 52.228-15 Performance and Payment Bonds--Construction 52.229-3 Federal, State And Local Taxes 52.232-5 Payments under Fixed-Price Construction Contracts 52.232-17 Interest 52.232-18 Availability of Funds 52.232-23 Assignment of Claims 52.232-27 Prompt Payment for Construction Contracts 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors 52.233-1 Disputes 52.233-3 Protest After Award 52.233-4 Applicable Law for Breach of Contract Claim 52.236-2 Differing Site Conditions 52.236-3 Site Investigation and Conditions Affecting the Work 52.236-4 Physical Data 52.236-5 Material and Workmanship 52.236-6 Superintendence by the Contractor 52.236-7 Permits and Responsibilities

52.225-11 BUY AMERICAN--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);

(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--

(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.

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

“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.

“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

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

(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 12.505(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:

[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

(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, 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) \1\

Item 1:

Foreign construction material Domestic construction material

Item 2:

Foreign construction material Domestic construction material

\1\ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

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

Include other applicable supporting information.

(End of clause)

52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT-- CONSTRUCTION MATERIALS (MAY

2014) - ALTERNATE I (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American-- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute or Balance shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause

52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

(a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC's implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

(b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas. Lists of entities and individuals subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons at TerList1.html. More information about these restrictions, as well as updates, is available in the OFAC's regulations at 31 CFR chapter V and/or on OFAC's Web site at http://www.treas.gov/offices/enforcement/ofac/.

(c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts.

(End of clause)

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

(a) The Government authorizes and consents to all use and manufacture, in performing this contract or any subcontract at any tier, of any invention described in and covered by a United States patent--

(1) Embodied in the structure or composition of any article the delivery of which is accepted by the Government under this contract; or

(2) Used in machinery, tools, or methods whose use necessarily results from compliance by the Contractor or a subcontractor with (i) specifications or written provisions forming a part of this contract or (ii) specific written instructions given by the Contracting Officer directing the manner of performance. The entire liability to the Government for infringement of a United States patent shall be determined solely by the provisions of the indemnity clause, if any, included in this contract or any subcontract hereunder (including any lower-tier subcontract), and the Government assumes liability for all other infringement to the extent of the authorization and consent hereinabove granted.

(b) The Contractor shall include the substance of this clause, including this paragraph (b), in allsubcontracts that are expected to exceed the simplified acquisition threshold. However, omission of this clause from any subcontract, including those at or below the simplified acquisition threshold, does not affect this athorization and consent.

(End of clause)