W911SA19B2009_Solicitation.docx

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Construct 5 Buildings at Fort McCoy, WI Federal contract opportunity
Solicitation number
W911SA19B2009
Issued by
Department of the Army Materiel Command Mission and Installation Contracting Command Fort McCoy

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W911SA19B2009_Abstract_of_Offers.pdf PDF
W911SA19B2009_Attachment_3_CLIN_0002_Drawings_Amended_7-12-19.pdf PDF
W911SA19B2009_Attachment_4_CLIN_0003_Drawings_Amended_7-12-19.pdf PDF
W911SA19B20090002_Solicitation_Amendment_0002.docx DOCX document
W911SA19B2009_Attachment_2_CLIN_0001_Drawings_Amended_7-12-19.pdf PDF
W911SA19B2009_Attachment_7_CLINs_0006_and_0007_Drawings_Amended_7-12-19.pdf PDF
W911SA19B2009_Attachment_6_CLIN_0005_Drawings_Amended_7-12-19.pdf PDF
W911SA19B2009_Attachment_11_Drawing_Groundwater.pdf PDF
W911SA19B2009_Attachment_5_CLIN_0004_Drawings_Amended_7-12-19.pdf PDF
W911SA19B20090001_Solicitation_Amendment_0001.docx DOCX document
W911SA19B2009_site_visit_sign_in_sheet.pdf PDF
W911SA19B2009_Attachment_4_CLIN_0003_Drawings.pdf PDF
W911SA19B2009_Attachment_7_CLINS_0006_and_0007_Drawings.pdf PDF
W911SA19B2009_Attachment_8_Specifications.pdf PDF
W911SA19B2009_Attachment_9_Wage_Determination.docx DOCX document
W911SA19B2009_Attachment_2_CLIN_0001_Drawings.pdf PDF
W911SA19B2009_Attachment_1_AT_OPSEC.pdf PDF
W911SA19B2009_Attachment_5_CLIN_0004_Drawings.pdf PDF
W911SA19B2009_Attachment_3_CLIN_0002_Drawings.pdf PDF
W911SA19B2009_Attachment_6_CLIN_0005_Drawings.pdf PDF
W911SA19B2009_Attachment_10_SF24.pdf PDF
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W911SA19B2009

Section 00010 - Solicitation Contract Form

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Job

CONSTRUCT BUILDING 224 (TAFF)

FFP

PROVIDE ALL PARTS, LABOR, TOOLS, EQUIPMENT, MATERIALS, TRANSPORTATION, AND SUPERVISION NECESSARY TO CONSTRUCT BUILDING 224 AT FORT MCCOY, WISCONSIN IN ACCORDANCE WITH THE SPECIFICATIONS, DRAWINGS, AND CONTRACT DOCUMENTS.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011298101-0001

PSC CD: Y1AA

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Job

CONSTRUCT BUILDING 229 (HEAT)

PROVIDE ALL PARTS, LABOR, TOOLS, EQUIPMENT, MATERIALS, TRANSPORTATION, AND SUPERVISION NECESSARY TO CONSTRUCT BUILDING 229 AT FORT MCCOY, WISCONSIN IN ACCORDANCE WITH THE SPECIFICATIONS, DRAWINGS, AND CONTRACT DOCUMENTS.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Job

CONSTRUCT BUILDING 231 (MRAP)

PROVIDE ALL PARTS, LABOR, TOOLS, EQUIPMENT, MATERIALS, TRANSPORTATION, AND SUPERVISION NECESSARY TO CONSTRUCT BUILDING 231 AT FORT MCCOY, WISCONSIN IN ACCORDANCE WITH THE SPECIFICATIONS, DRAWINGS, AND CONTRACT DOCUMENTS.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Job

CONSTRUCT BUILDING 233 (VBS2)

PROVIDE ALL PARTS, LABOR, TOOLS, EQUIPMENT, MATERIALS, TRANSPORTATION, AND SUPERVISION NECESSARY TO CONSTRUCT BUILDING 233 AT FORT MCCOY, WISCONSIN IN ACCORDANCE WITH THE SPECIFICATIONS, DRAWINGS, AND CONTRACT DOCUMENTS.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Job

CONSTRUCT BUILDING 237 (GAME)

PROVIDE ALL PARTS, LABOR, TOOLS, EQUIPMENT, MATERIALS, TRANSPORTATION, AND SUPERVISION NECESSARY TO CONSTRUCT BUILDING 237 AT FORT MCCOY, WISCONSIN IN ACCORDANCE WITH THE SPECIFICATIONS, DRAWINGS, AND CONTRACT DOCUMENTS.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Job

DRAINAGE, SIDEWALKS

PROVIDE ALL PARTS, LABOR, TOOLS, EQUIPMENT, MATERIALS, TRANSPORTATION, AND SUPERVISION NECESSARY TO REPAIR DRAINAGE AND CONSTRUCT SIDEWALKS IN THE 200 BLOCK AT FORT MCCOY, WISCONSIN IN ACCORDANCE WITH THE SPECIFICATIONS, DRAWINGS, AND CONTRACT DOCUMENTS.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Job

INSTALL WATER/SEWER

PROVIDE ALL PARTS, LABOR, TOOLS, EQUIPMENT, MATERIALS, TRANSPORTATION, AND SUPERVISION NECESSARY TO INSTALL WATER AND SANITARY SEWER IN THE 200 BLOCK AT FORT MCCOY, WISCONSIN IN ACCORDANCE WITH THE SPECIFICATIONS, DRAWINGS, AND CONTRACT DOCUMENTS.

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
Destination
Government
Destination
Government
0002
Destination
Government
Destination
Government
0003
Destination
Government
Destination
Government
0004
Destination
Government
Destination
Government
0005
Destination
Government
Destination
Government
0006
Destination
Government
Destination
Government
0007
Destination
Government
Destination
Government

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE
0001
30-SEP-2020
1
FORT MCCOY

FORT MCCOY

2171 8TH AVENUE

FORT MCCOY WI 54656

FOB: Destination

W81TMH

0002
30-SEP-2020
1
(SAME AS PREVIOUS LOCATION)

W81TMH

0003
30-SEP-2020
1
(SAME AS PREVIOUS LOCATION)

W81TMH

0004
30-SEP-2020
1
(SAME AS PREVIOUS LOCATION)

W81TMH

0005
30-SEP-2020
1
(SAME AS PREVIOUS LOCATION)

W81TMH

0006
30-SEP-2020
1
(SAME AS PREVIOUS LOCATION)

W81TMH

0007
30-SEP-2020
1
(SAME AS PREVIOUS LOCATION)

W81TMH

Section 00100 - Bidding Schedule/Instructions to Bidders

SUPPLEMENTAL INFORMATION

Contract Specialist:

Eve Day Phone: 608-388-2263 E-mail: eve.k.day.civ@mail.mil

Contracting Officer:

Steve Bailey Phone: 608-388-6077 Email: steven.m.bailey2.civ@mail.mil

Include the following within the sealed bid package:

1) Completed SF1442 with acknowledgement of all amendments
2) Completed Attachment 10, SF24
3) Any additional verification documents
4) CD-ROM (CD-R) disk with an electronic copy of all submission requirements listed above.

Contractor POC E-mail ______________________________________________

DUNS ________________________________________

TAXPAYER ID # _______________________________

This solicitation is a 100% HUBZone Small Business set-aside under NAICS code 236220 with a size standard of $36.5 Million.

This requirement has a completion date of 30 September 2020

Bids can be submitted in any of the following ways:

Delivered to or by Mail:

Mission & Installation Contracting Command – Fort McCoy Attn: Eve Day, Contract Specialist 1108 South R Street Fort McCoy, WI 54656-5153

A site visit is scheduled for June 17, 2019 at 10:00 AM Local time. Interested attendees are asked to meet at the Contracting Office; Bldg. 1108. South R Street, Fort McCoy, Wisconsin. The POC for the project is Eve Day at (608) 388-2263. See Site Visit in Section 00100. This will be the only site visit conducted, requests for additional site visits will be denied.

For Site Visit information, see Site Visit clause 52.236-27, Alternate 1 in Section 00100. Unless you already have a permanent vehicle pass, you will be required to obtain a one-day vehicle pass. You will be required to present the following information at the Visitor’s Center: (1) vehicle registration, (2) valid driver’s license, (3) or car rental agreement (if applicable). It is highly recommended that bidders plan to arrive at the Visitor’s Center at least an hour prior to the scheduled time for the site visit. The conference will begin promptly without considerations for late or lost bidders; no subsequent site visits will be considered. Remarks, explanations and answers provided by Government representatives before, during and after the site visit shall not change or qualify any of the terms or conditions of the solicitation. The solicitation can only be changed by a formal written amendment issued by the Fort McCoy Contracting Office.

Any questions concerns, verification or clarification of information of the documents included in the solicitation package shall be submitted in writing and submitted to the Contract Specialist identified herein no later than 4:00 PM, local time on June 19, 2019. Include in the subject line of the email the Government’s solicitation number; failure to do so will lessen the Government’s ability to ensure all questions are considered during the bidding process. Provide your company name, POC and contact information in the body of the email.

The “Equal Employment Opportunity Is the Law” notice (poster) referenced in FAR clause 52.222-26(b) (3), Equal Opportunity, is located at http://www.dol.gov/ofccp/regs/compliance/posters/ofccpost.htm

In accordance with FAR 22.404-10, the contractor must post a copy of the wage determination and Department of Labor Form WH-1321 in a prominent place where employees working on federal construction contracts can easily see it. The applicable wage determination is incorporated into the contract in Attachment 5. The WH-1321 poster is located at http://www.dol.gov/compliance/guide/index.htm

Contractors are referred to EPA’s list of EPA-designated products available at http://www.epa.gov providing products that contain recovered materials.

In accordance with DPAP changes to reporting requirements under FAR 52.223-2, Affirmative Procurement of Bio- based Products under Service and Construction Contracts, contractors are now required to submit annual bio-based reports to the new reporting module in the System for Award Management (SAM). SAM can be accessed at https://www.sam.gov

SYSTEM for AWARD MANAGEMENT (SAM) REGISTRATION: An Active SAM Registration is required of all Department of Defense contractors. SAM registration enables electronic funds transfer of contract payments. If your company is not already actively registered, please register in the SAM database at www.sam.gov. If your company is currently registered and close to expiring, begin/complete the process for SAM registration renewal.

1. A DUNS number is required for SAM registration. If your company does not have a DUNS #, obtain one by calling 800-333-0505.

1. Whether your company is a current or new registrant in the SAM database, your registration must indicate that you are a provider of NAICS 236220 or a NAICS of similar business size, under the Goods – Services section of the registration to be eligible to receive a contract for this solicitation.

1. If the prospective awardee for this request for quotes is not actively registered in the SAM database by close of solicitation, including NAICS 236220, or a NAICS of similar business size, under the Goods – Services section, depending on mission requirements, the government reserves the right to proceed to award to the next otherwise successful actively registered offeror.

SAM REQUIREMENT: Prospective contractors who have not completed electronic annual representations and certifications at www.sam.gov in conjunction with required registration in the SYSTEM for AWARD MANAGEMENT (SAM) database, shall complete and submit 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018) and 252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015) in SAM to be eligible to receive an award for this solicitation.

PROJECT MAGNITUDE

The magnitude of this project is between $5,000,000.00 and $10,000,000.00.

EVALUATION FACTORS

The Government will evaluate bids received in response to this solicitation solely on the basis of price and price related factors. Bidders shall submit a price for each item specified in the solicitation. No bid for a quantity less than that specified in the solicitation will be accepted. Bids shall be evaluated using the quantities set forth in the solicitation. All prices bid in response to this solicitation must include all costs associated with work elements, applicable State sales taxes, permits, and licensure. And the overall project management, superintendence and quality control necessary for the planning and execution of multiple work requirements conducted simultaneously throughout the performance period.

BID GUARANTEE

A Bid Bond/Guarantee is required for this contract if it exceeds $150,000. The Bid Bond amount shall be twenty percent (20%) of the bid price or $3 Million, whichever is less.

Bidders must use the Standard Form (SF) 24 if providing a bid bond as the bid guarantee.

ATTACHMENTS

Attachment 1AT OPSEC
Attachment 2CLIN 0001 Drawings
Attachment 3CLIN 0002 Drawings
Attachment 4CLIN 0003 Drawings
Attachment 5CLIN 0004 Drawings

Attachment 6 CLIN 0005 Drawings Attachment 7 CLIN 0006 and 0007 Drawings Attachment 8 Specifications Attachment 9 Wage Determination Attachment 10 SF24

CLAUSES INCORPORATED BY REFERENCE

52.204-7
System for Award Management
OCT 2018
52.214-3
Amendments To Invitations For Bids
DEC 2016
52.214-4
False Statements In Bids
APR 1984
52.214-5
Submission Of Bids
DEC 2016
52.214-6
Explanation To Prospective Bidders
APR 1984
52.214-7
Late Submissions, Modifications, and Withdrawals of Bids
NOV 1999
52.214-18
Preparation of Bids-Construction
APR 1984
52.214-19
Contract Award-Sealed Bidding-Construction
AUG 1996
52.214-34
Submission Of Offers In The English Language
APR 1991
52.214-35
Submission Of Offers In U.S. Currency
APR 1991

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

(End of provision)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade
Goals for female participation for each trade
.6%
6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Fort McCoy in Monroe County, WI.

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.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Construction Pre-Award Contracting Officer

1108 South R Street
Fort McCoy, WI 54656-5153

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for-- June 17, 2019 at 10:00AM local time

(c) Participants will meet at--
1108 South R Street
Fort McCoy, WI 54656

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

(End of provision)

Section 00600 - Representations & Certifications

52.204-16
Commercial and Government Entity Code Reporting
JUL 2016
252.203-7005
Representation Relating to Compensation of Former DoD Officials
NOV 2011

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $36,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] X (i) 52.204-17, Ownership or Control of Offeror.

X (ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

X (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2019)

Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:

(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:

(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.

(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services--Representations. Applies to solicitations for the acquisition of commercial satellite services.

(v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vi) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.

(vii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.

(viii) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

X (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.

____ (iii) 252.225-7020, Trade Agreements Certificate.

____ Use with Alternate I.

X (iv) 252.225-7031, Secondary Arab Boycott of Israel.

____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below ____ [offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS Clause #
Title
Date
Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.

Section 00700 - Contract Clauses

52.202-1
Definitions
NOV 2013
52.203-3
Gratuities
APR 1984
52.203-5
Covenant Against Contingent Fees
MAY 2014
52.203-6
Restrictions On Subcontractor Sales To The Government
SEP 2006
52.203-7
Anti-Kickback Procedures
MAY 2014
52.203-8
Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity
MAY 2014
52.203-10
Price Or Fee Adjustment For Illegal Or Improper Activity
MAY 2014
52.203-12
Limitation On Payments To Influence Certain Federal Transactions
OCT 2010
52.203-17
Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
APR 2014
52.204-4
Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-9
Personal Identity Verification of Contractor Personnel
JAN 2011
52.204-10
Reporting Executive Compensation and First-Tier Subcontract Awards
OCT 2018
52.204-13
System for Award Management Maintenance
OCT 2018
52.209-6
Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-9
Updates of Publicly Available Information Regarding Responsibility Matters
OCT 2018
52.209-10
Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.210-1
Market Research
APR 2011
52.214-27
Price Reduction for Defective Certified Cost or Pricing Data - Modifications - Sealed Bidding
AUG 2011
52.214-28
Subcontracting Certified Cost Or Pricing Data--Modifications--Sealed Bidding
OCT 2010
52.219-3
Notice of HUBZone Set-Aside or Sole Source Award
NOV 2011
52.219-8
Utilization of Small Business Concerns
OCT 2018
52.219-28
Post-Award Small Business Program Rerepresentation
JUL 2013
52.222-3
Convict Labor
JUN 2003
52.222-4
Contract Work Hours and Safety Standards - Overtime Compensation
MAY 2018
52.222-6
Construction Wage Rate Requirements
AUG 2018
52.222-7
Withholding of Funds
MAY 2014
52.222-8
Payrolls and Basic Records
AUG 2018
52.222-9
Apprentices and Trainees
JUL 2005
52.222-10
Compliance with Copeland Act Requirements
FEB 1988
52.222-11
Subcontracts (Labor Standards)
MAY 2014
52.222-12
Contract Termination-Debarment
MAY 2014
52.222-13
Compliance With Construction Wage Rate Requirements and Related Regulations
MAY 2014
52.222-14
Disputes Concerning Labor Standards
FEB 1988
52.222-15
Certification of Eligibility
MAY 2014
52.222-21
Prohibition Of Segregated Facilities
APR 2015
52.222-26
Equal Opportunity
SEP 2016
52.222-27
Affirmative Action Compliance Requirements for Construction
APR 2015
52.222-35
Equal Opportunity for Veterans
OCT 2015
52.222-36
Equal Opportunity for Workers with Disabilities
JUL 2014
52.222-37
Employment Reports on Veterans
FEB 2016
52.222-40
Notification of Employee Rights Under the National Labor Relations Act
DEC 2010
52.222-50
Combating Trafficking in Persons
JAN 2019
52.222-54
Employment Eligibility Verification
OCT 2015
52.222-55
Minimum Wages Under Executive Order 13658
DEC 2015
52.223-2
Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-5
Pollution Prevention and Right-to-Know Information
MAY 2011
52.223-6
Drug-Free Workplace
MAY 2001
52.223-17
Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
AUG 2018
52.223-18
Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.225-13
Restrictions on Certain Foreign Purchases
JUN 2008
52.227-1
Authorization and Consent
DEC 2007
52.227-2
Notice And Assistance Regarding Patent And Copyright Infringement
DEC 2007
52.227-4
Patent Indemnity-Construction Contracts
DEC 2007
52.228-2
Additional Bond Security
OCT 1997
52.228-5
Insurance - Work On A Government Installation
JAN 1997
52.228-11
Pledges Of Assets
AUG 2018
52.228-12
Prospective Subcontractor Requests for Bonds
MAY 2014
52.228-14
Irrevocable Letter of Credit
NOV 2014
52.228-15
Performance and Payment Bonds--Construction
OCT 2010
52.229-3
Federal, State And Local Taxes
FEB 2013
52.232-5
Payments under Fixed-Price Construction Contracts
MAY 2014
52.232-17
Interest
MAY 2014
52.232-23
Assignment Of Claims
MAY 2014
52.232-27
Prompt Payment for Construction Contracts
JAN 2017
52.232-33
Payment by Electronic Funds Transfer--System for Award Management
OCT 2018
52.232-39
Unenforceability of Unauthorized Obligations
JUN 2013
52.232-40
Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
52.233-1
Disputes
MAY 2014
52.233-3
Protest After Award
AUG 1996
52.233-4
Applicable Law for Breach of Contract Claim
OCT 2004
52.236-2
Differing Site Conditions
APR 1984
52.236-3
Site Investigation and Conditions Affecting the Work
APR 1984
52.236-5
Material and Workmanship
APR 1984
52.236-6
Superintendence by the Contractor
APR 1984
52.236-7
Permits and Responsibilities
NOV 1991
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
52.236-15
Schedules for Construction Contracts
APR 1984
52.236-21
Specifications and Drawings for Construction
FEB 1997
52.236-26
Preconstruction Conference
FEB 1995
52.242-13
Bankruptcy
JUL 1995
52.242-14
Suspension of Work
APR 1984
52.243-4
Changes
JUN 2007
52.244-6
Subcontracts for Commercial Items
JAN 2019
52.246-12
Inspection of Construction
AUG 1996
52.246-21
Warranty of Construction
MAR 1994
52.248-3
Value Engineering-Construction
OCT 2015
52.249-2 Alt I
Termination for Convenience of the Government (Fixed-Price) (Apr 2012) - Alternate I
SEP 1996
52.249-10
Default (Fixed-Price Construction)
APR 1984
52.253-1
Computer Generated Forms
JAN 1991
252.203-7000
Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7001
Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies
DEC 2008
252.203-7002
Requirement to Inform Employees of Whistleblower Rights
SEP 2013
252.203-7003
Agency Office of the Inspector General
DEC 2012
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.204-7012
Safeguarding Covered Defense Information and Cyber Incident Reporting
OCT 2016
252.204-7015
Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.205-7000
Provision Of Information To Cooperative Agreement Holders
DEC 1991
252.209-7004
Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
OCT 2015
252.223-7006
Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials
SEP 2014
252.223-7008
Prohibition of Hexavalent Chromium
JUN 2013
252.225-7012
Preference For Certain Domestic Commodities
DEC 2017
252.225-7048
Export-Controlled Items
JUN 2013
252.227-7033
Rights in Shop Drawings
APR 1966
252.232-7010
Levies on Contract Payments
DEC 2006
252.236-7000
Modification Proposals-Price Breakdown
DEC 1991
252.243-7001
Pricing Of Contract Modifications
DEC 1991
252.243-7002
Requests for Equitable Adjustment
DEC 2012
252.244-7000
Subcontracts for Commercial Items
JUN 2013
252.247-7023
Transportation of Supplies by Sea
FEB 2019

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 September 2020. *The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $144.52 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

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 materials from which it was transformed.

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

(1) Is wholly the growth, product, or…

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