W911S718R00250002_FLW_DPW_MOD.pdf

PDF 479 KB Posted Dec 7, 2018

Attached to: Fort Leonard Wood Directorate of Public Works Base Operations Support Services
Solicitation number: W911S7-18-R-0025
Issued by: Department of the Army Materiel Command Mission and Installation Contracting Command Fort Eustis

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Written by GovTribe AI · Dec 28, 2023

This is a modification to a solicitation for base operations support services at Fort Leonard Wood, Missouri. The modification extends the proposal due date from December 12, 2018 to December 18, 2018 at 11:00 AM EST. It includes industry questions and answers that resulted in revisions to the request for proposals and associated attachments. The services required include functions such as facilities maintenance, utilities operations, environmental services, and construction projects up to $150,000. The period of performance is one base year with four one-year options. The solicitation is open to small businesses and was issued by the Department of the Army Mission and Installation Contracting Command at Fort Eustis, Virginia.

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Solicitation Amendment (Modification Copy)

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Other files

File	Type	Posted
W911S718R00250004_FLW_DPW_MOD_v2.pdf	PDF	Feb 14, 2019
Attachment_14_FLW_DPW_Questions_and_Answers_14FEB19.pdf	PDF	Feb 14, 2019
W911S718R00250004_FLW_DPW_MOD.pdf	PDF	Feb 13, 2019
Attachment_16_FLW_BLDG_Square_Footage.xlsx	XLSX spreadsheet	Feb 13, 2019
Attachment_13_Technical_Exhibits_6_Facility_List_20NOV18.xlsx	XLSX spreadsheet	Feb 13, 2019
Attachment_12_Wage_Determination_(Construction).pdf	PDF	Feb 13, 2019
Attachment_14_FLW_DPW_Questions_and_Answers_04FEB19.pdf	PDF	Feb 13, 2019
Attachment_9_FLW_DPW_Pricing_and_Labor_Matrix_24JAN19.xlsx	XLSX spreadsheet	Feb 13, 2019
Attachment_2_FLW_DPW_PRS.xlsx	XLSX spreadsheet	Feb 13, 2019
W911S718R00250004_FLW_DPW_Conform.pdf	PDF	Feb 13, 2019
Attachment_10_Collective_Bargaining_Agreement_(CBA-2016-8411).pdf	PDF	Feb 13, 2019
Attachment_11_Wage_Determination_(Rev.__8_-_03JUL18).pdf	PDF	Feb 13, 2019
Attachment_15_FLW_Site_Map.pdf	PDF	Feb 13, 2019
Attachment_3_FLW_DPW_Technical_Exhibits.pdf	PDF	Feb 13, 2019
Attachment_5_Partner_Consent_Letter_Sample.docx	DOCX document	Feb 13, 2019
Attachment_7_Specific_Relevant_Contract_Reference_Sheet.docx	DOCX document	Feb 13, 2019
Attachment_4_Past_Performance_Questionnaire_FLW_DPW.pdf	PDF	Feb 13, 2019
Attachment_6_Client_Authorization_Letter_Sample.pdf	PDF	Feb 13, 2019
Attachment_8_FLW_DPW_Staffing_Matrix.xlsx	XLSX spreadsheet	Feb 13, 2019
Attachment_1_FLW_DPW_PWS_01FEB19.pdf	PDF	Feb 13, 2019
W911S718R00250003_Solicitation_Amendment_FLW_DPW.pdf	PDF	Dec 13, 2018
Attachment_12_Wage_Determination_(Construction).pdf	PDF	Dec 7, 2018
Attachment_6_Client_Authorization_Letter_Sample.pdf	PDF	Dec 7, 2018
Attachment_5_Partner_Consent_Letter_Sample.docx	DOCX document	Dec 7, 2018
Attachment_3_FLW_DPW_Technical_Exhibits.pdf	PDF	Dec 7, 2018
Attachment_8_FLW_DPW_Staffing_Matrix.xlsx	XLSX spreadsheet	Dec 7, 2018
Attachment_4_Past_Performance_Questionnaire_FLW_DPW.pdf	PDF	Dec 7, 2018
Attachment_10_Collective_Bargaining_Agreement_(CBA-2016-8411).pdf	PDF	Dec 7, 2018
Attachment_14_FLW_DPW_Questions_and_Answers.pdf	PDF	Dec 7, 2018
Attachment_1_FLW_DPW_PWS.pdf	PDF	Dec 7, 2018
W911S718R00250002_FLW_DPW_Conform.pdf	PDF	Dec 7, 2018
Attachment_13_Technical_Exhibits_6__Facility_List_20NOV18.xlsx	XLSX spreadsheet	Dec 7, 2018
Attachment_7_Specific_Relevant_Contract_Reference_Sheet.docx	DOCX document	Dec 7, 2018
Attachment_2_FLW_DPW_PRS.xlsx	XLSX spreadsheet	Dec 7, 2018
Attachment_9_FLW_DPW_Pricing_and_Labor_Matrix.xlsx	XLSX spreadsheet	Dec 7, 2018
Attachment_11_Wage_Determination_(Rev.__8_-_03JUL18).pdf	PDF	Dec 7, 2018
W911S718R00250001_Solicitation_Amendment_FLW_DPW.pdf	PDF	Nov 28, 2018
Attachment_4_-_Past_Performance_Questionnaire_FLW_DPW.pdf	PDF	Oct 29, 2018
Attachment_8_Staffing_Matrix_FLW.xlsx	XLSX spreadsheet	Oct 29, 2018
Attachment_10_-_Collective_Bargaining_Agreement.pdf	PDF	Oct 29, 2018
Attachment_1_-_PWS_FLW_Base_Operations.doc	DOC document	Oct 29, 2018
Attachment_6_-_Client_Authorization_Letter_Sample.pdf	PDF	Oct 29, 2018
W911S718R0025_Solicitation_FLW_DPW.pdf	PDF	Oct 29, 2018
Attachment_5_-_Sample_Consent_Letter.docx	DOCX document	Oct 29, 2018
Attachment_11_-_SCA_WD_15-5094_(REV-6).pdf	PDF	Oct 29, 2018
Attachment_9_-_Pricing_and_Labor_Matrix_Worksheet_FLW.xlsx	XLSX spreadsheet	Oct 29, 2018
Attachment_2_-_PRS_FLW.xlsx	XLSX spreadsheet	Oct 29, 2018
Attachment_3_-_Technical_Exhibits_FLW.doc	DOC document	Oct 29, 2018
Attachment_7_-_Specific_Relevant_Contracts_Sheet.docx	DOCX document	Oct 29, 2018
FLW_DPW_Pre-solicitation_Notice.docx	DOCX document	Sep 11, 2018

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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

The purpose of this amendment is to extend proposal due date to 18 December 2018 11:00 AM EST. This amendment includes industry Q&A and resulting revisions to the RFP and associated attachements.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 48

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

16C. DATE SIGNED

BY 07-Dec-2018

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 W911S718R0025

X 9B. DATED (SEE ITEM 11)

29-Oct-2018

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 1 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

07-Dec-2018

CODE

MICC - FORT EUSTIS

705 WASHINGTON BLVD

FORT EUSTIS VA 23604

W911S0 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W911S718R0025

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 12-Dec-2018 11:00 AM to 18-Dec-

2018 11:00 AM.

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 0003

The CLIN extended description has changed from:

Includes all costs for labor. All work shall be performed successfully inaccordance with the terms and conditions of the contract and the Performance Work Statement (PWS), (specifically including, but not limited to, Section C.5.5) specifications and Technical Exhibits (TEs).

To:

Includes all costs for labor to perform Standard Operating Orders (SOOs), Demand Maintenance Orders (DMOs), and Operational Work Orders (OWOs); all Preventive Maintenance Orders (PMOs) associated with this functional area are priced under CLIN X019. All work shall be performed successfully in accordance with the terms and conditions of the contract and the Performance Work Statement (PWS), (specifically including, but not limited to, Section C.5.5) specifications and Technical Exhibits (TEs).

The unit of issue has changed from Job to Months.

CLIN 0005

Heating Ventilation and Cooling Systems (HVAC). Includes all costs for labor. All work shall be performed successfully in accordance with the terms and conditions of the contract and the PWS, (specifically including, but not limited to, Section C.5.3) specifications and Technical Exhibits (TEs).

Heating Ventilation and Cooling Systems (HVAC). Includes all costs for labor to perform SOOs, DMOs, and OWOs; all PMOs associated with this functional area are priced under CLIN X019. All work shall be performed successfully in accordance with the terms and conditions of the contract and the PWS, (specifically including, but not limited to, Section C.5.3) specifications and Technical Exhibits (TEs).

CLIN 0007

Includes all costs for labor. All work shall be performed successfully in accordance with the terms and conditions of the contract and the PWS, (specifically including, but not limited to, Section C.5.4) specifications and Technical Exhibits (TEs).

Includes all costs for labor to perform SOOs, DMOs, and OWOs; all PMOs associated with this functional area are priced under CLIN X019. All work shall be performed successfully in accordance with the terms and conditions of the contract and the PWS, (specifically including, but not limited to, Section C.5.4 and C.5.7.4) specifications and Technical Exhibits (TEs).

CLIN 0009

CLIN 0011

Includes all costs for labor to perform SOOs, DMOs, and OWOs; all PMOs associated with this functional area are priced under CLIN X019. All work shall be performed successfully in accordance with the terms and conditions of the contract and the PWS, (specifically including, but not limited to, Section C.5.6 and C.5.7.5) specifications and Technical Exhibits (TEs).

CLIN 0013

Environmental (Env). Includes all costs for labor. All work shall be performed successfully in accordance with the terms and conditions of the contract and the PWS, (specifically including, but not limited to, Section C.5.7.6)

Environmental (Env). Includes all costs for labor to perform SOOs, DMOs, and OWOs; all PMOs associated with this functional area are priced under CLIN X019. All work shall be performed successfully in accordance with the terms and conditions of the contract and the PWS, (specifically including, but not limited to, Section C.5.7.6 and C.5.7.2) specifications and Technical Exhibits (TEs).

CLIN 0015

United States Army Maneuver Support Center (MSCOE) Complex. Includes all costs for labor. All work shall be performed successfully in accordance with the terms and conditions of the contract and the PWS, (specifically including, but not limited to, Section C.5.7.3) specifications and Technical Exhibits (TEs).

United States Army Maneuver Support Center (MSCOE) Complex. Includes all costs for labor to perform SOOs, DMOs, and OWOs; all PMOs associated with this functional area are priced under CLIN X019. All work shall be performed successfully in accordance with the terms and conditions of the contract and the PWS, (specifically including, but not limited to, Section C.5.7.3) specifications and TEs.

CLIN 0017

CLIN 0019

Includes all costs for labor to perform PMOs. All work shall be performed successfully in accordance with the terms and conditions of the contract and the PWS, (specifically including, but not limited to, Section C.5.2.7) specifications and Technical Exhibits (TEs).

CLIN 0021

Work IAW PWS C.5.1.14 and as defined in PWS Section C.2 Definition and Acronyms: Constuction, Level II Work (Unscheduled Task), New Work and Public Works. All projects will be Firm-Fixed Priced, NTE $150,000.00 each and approved by the Contracting Officer.

Work IAW PWS C.5.1.1.4 and as defined in PWS Section C.2 Definition and Acronyms: Construction, Level II Work (Unscheduled Task), New Work and Public Works. All projects will be Firm-Fixed Priced pror to commencment of work, NTE $150,000.00 each and approved by the Contracting Officer. The NTE price associated with this CLIN is for estimating purposes only. Acutal workload is not determined at this time.

CLIN 0023

This CLIN has been renumbered to CLIN 0022.

The CLIN extended description has changed from:

The Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the PWS (Section C-1.2.6.14). Reporting inputs will be for the labor executed during the period of performance during each Government FY, which runs October 1st through September 30th.

The Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the PWS. Reporting inputs will be for the labor executed during the period of performance during each Government FY, which runs October 1st through September 30th.

CLIN 1003

CLIN 1005

CLIN 1007

CLIN 1009

CLIN 1011

Includes all costs for labor to perform SOOs, DMOs, and OWOs; all PMOs associated with this functional area are priced under CLIN X019. All work shall be performed successfully in accordance with the terms and conditions of the contract and the PWS, (specifically including, but not limited to, Section C.5.6 and C.5.7.5) specifications and Technical Exhibits (TEs).

CLIN 1013

CLIN 1015

CLIN 1017

CLIN 1019

CLIN 1021

CLIN 1022

CLIN 2003

CLIN 2005

CLIN 2007

CLIN 2009

CLIN 2011

Includes all costs for labor to perform SOOs, DMOs, and OWOs; all PMOs associated with this functional area are priced under CLIN X019. All work shall be performed successfully in accordance with the terms and conditions of the contract and the PWS, (specifically including, but not limited to, Section C.5.6 and C.5.7.5) specifications and Technical Exhibits (TEs).

CLIN 2013

CLIN 2015

CLIN 2017

CLIN 2019

CLIN 2021

Work IAW PWS C.5.1.14 and as defined in PWS Section C.2 Definition and Acronyms: Constuction, Level II

Work (Unscheduled Task), New Work and Public Works. All projects will be Firm-Fixed Priced, NTE $150,000.00

CLIN 2022

CLIN 3003

CLIN 3005

CLIN 3007

CLIN 3009

CLIN 3011

Includes all costs for labor to perform SOOs, DMOs, and OWOs; all PMOs associated with this functional area are priced under CLIN X019. All work shall be performed successfully in accordance with the terms and conditions of the contract and the PWS, (specifically including, but not limited to, Section C.5.6 and C.5.7.5) specifications and Technical Exhibits (TEs).

CLIN 3013

CLIN 3015

CLIN 3017

CLIN 3019

CLIN 3021

CLIN 3022

CLIN 4003

CLIN 4005

CLIN 4007

CLIN 4009

CLIN 4011

Includes all costs for labor to perform SOOs, DMOs, and OWOs; all PMOs associated with this functional area are priced under CLIN X019. All work shall be performed successfully in accordance with the terms and conditions of the contract and the PWS, (specifically including, but not limited to, Section C.5.6 and C.5.7.5) specifications and Technical Exhibits (TEs).

CLIN 4013

CLIN 4015

CLIN 4017

CLIN 4019

CLIN 4021

CLIN 4022

SECTION F - DELIVERIES OR PERFORMANCE

The following Delivery Schedule for CLIN 0022 has been added:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 01-MAY-2019 TO

29-FEB-2020

N/A DIRECTORATE OF PUBLIC WORKS - FLW

- MO

MATTHEW MCCRAY

1334 1ST STREET BLDG 2200

FORT LEONARD WOOD MO 65473-5000

573.596.2198 FOB: Destination

W90NM2

SECTION G - CONTRACT ADMINISTRATION DATA

The following were previously included by reference and are now included by full text:

5152.233-4000 AMC-LEVEL PROTEST PROGRAM (Feb 2014) (LOCAL CLAUSE)

Prior to submitting an agency protest, it is preferable that you first attempt to resolve your concerns with the responsible contracting officer. However, you may also file a protest to the Headquarters (HQ), Army Materiel Command (AMC). The HQ AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office (GAO) or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 35 calendar days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. If you want to file a protest under the HQ AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below.

Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840 or email usarmy.redstone.usamc.mbx.protests@mail.mil

The AMC-Level Protest procedures are found at: http://www.amc.army.mil/amc/commandcounsel.html.

If internet access is not available, contact the contracting officer or HQ, AMC to obtain the HQ AMC-Level Protest Procedures.

(End of Clause)

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-25 Requirements for Registration of Designers JUN 2003 52.249-10 Default (Fixed-Price Construction) APR 1984 252.219-7009 Section 8(a) Direct Award OCT 2018

The following have been modified:

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage-Fringe Benefits

POSITION GRADE HOURLY WAGE

Project Manager GS-15 $65.87 Controls Mechanic (Lead) GS-09 $25.27 Electrical, Maintenance (Lead) GS-09 $25.27 Railroad Maintenance Worker GS-07 $23.95 Environmental Specialist GS-11 $33.65

The following positions are subject to the Collective Bargaining Agreement which is attached to the solicitation.

(End of clause)

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, Saint Eustatius, Saint 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 materials from which it was transformed.

“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

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 12.505(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:

[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

(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.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate…

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