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W912HN19R3004
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This solicitation document provides details for a construction project at Fort Gordon, Georgia. The U.S. Army Corps of Engineers Savannah District will issue a Request for Proposal W912HN19R3004 to construct a Cyber Instructional Facility and Network Center for approximately $25-100 million. The project scope involves constructing classrooms, labs, offices, and other administrative spaces to support training and research activities at the Secret level. The subsequent contract will be a firm-fixed-price design-bid-build contract with a seven hundred eighty calendar day period of performance. Proposals will be evaluated using lowest price technically acceptable with experience and past performance factors. The solicitation is anticipated for release on March 19th, 2019 with a closing date of April 19th, 2019.

SPEC Vol 1 Amd 11

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Fort Gordon, Georgia

Solicitation Number

W912HN-19-R-3004

SCI Training, Research, and Network Center (MCA-1) Volume 1 of 5: Procurement and Contracting Requirements and Specification Divisions 01 - 04

PN 88724

May 2019

U.S. ARMY ENGINEER DISTRICT, SAVANNAH

CORPS OF ENGINEERS

100 WEST OGLETHORPE AVENUE

SAVANNAH, GEORGIA 31401-3640

US Army Corps of Engineers Savannah District

SCI Tr ai ni ng, Resear ch, and Net wor k Cent er ( MCA1) C19R3004 Ft . Gor don, GA

PROJECT TABLE OF CONTENTS

DI VI SI ON 01 - GENERAL REQUI REMENTS

01 03 00 * 3 OPTI ONS

01 11 00 SUMMARY OF WORK

01 14 00 WORK RESTRI CTI ONS

01 22 00. 00 10 PRI CE AND PAYMENT PROCEDURES

01 30 00 ADMI NI STRATI VE REQUI REMENTS

01 32 01. 00 10 PROJECT SCHEDULE

01 33 00 SUBMI TTAL PROCEDURES

01 33 29 SUSTAI NABI LI TY REPORTI NG

01 35 26 GOVERNMENTAL SAFETY REQUI REMENTS

01 42 00 SOURCES FOR REFERENCE PUBLI CATI ONS

01 43 39 MOCK-UPS

01 45 00. 00 10 QUALI TY CONTROL

01 45 00. 15 10 RESI DENT MANAGEMENT SYSTEM CONTRACTOR MODE ( RMS CM)

01 45 35 SPECI AL I NSPECTI ONS

01 50 00 TEMPORARY CONSTRUCTI ON FACI LI TI ES AND CONTROLS

01 57 19 TEMPORARY ENVI RONMENTAL CONTROLS

01 58 00 PROJECT I DENTI FI CATI ON

01 73 29 CUTTI NG AND PATCHI NG

01 74 19 CONSTRUCTI ON AND DEMOLI TI ON WASTE MANAGEMENT

01 74 23 CLEANING

01 78 00 CLOSEOUT SUBMI TTALS

01 78 23 OPERATI ON AND MAI NTENANCE DATA

01 91 00. 15 TOTAL BUI LDI NG COMMI SSI ONI NG

DI VI SI ON 02 - EXI STI NG CONDI TI ONS

02 41 00 DEMOLI TI ON AND DECONSTRUCTI ON

DI VI SI ON 03 - CONCRETE

03 11 13. 00 10 STRUCTURAL CAST- I N- PLACE CONCRETE FORMI NG

03 15 00. 00 10 CONCRETE ACCESSORI ES

03 20 00. 00 10 CONCRETE REI NFORCI NG

03 30 00. 00 10 CAST- I N- PLACE CONCRETE

03 35 00. 00 10 CONCRETE FI NI SHI NG

03 39 00. 00 10 CONCRETE CURI NG

DI VI SI ON 04 - MASONRY

04 20 00 UNI T MASONRY

DI VI SI ON 05 - METALS

05 05 23. 13 10 ULTRASONI C I NSPECTI ON OF WELDMENTS

05 05 23. 16 STRUCTURAL WELDI NG

05 12 00 STRUCTURAL STEEL

05 30 00 STEEL DECKS

05 40 00 COLD- FORMED METAL FRAMI NG

05 45 23 EQUI PMENT SUPPORT SYSTEM

05 50 13 MI SCELLANEOUS METAL FABRI CATI ONS

05 51 00 METAL STAI RS

05 51 33 METAL LADDERS

05 52 00 METAL RAI LI NGS

05 72 00 DECORATI VE METAL SPECI ALTI ES

05 73 13 GLASS SUPPORTED RAI LI NGS

PROJECT TABLE OF CONTENTS Page 1

DI VI SI ON 06 - WOOD, PLASTI CS, AND COMPOSI TES

06 10 00 ROUGH CARPENTRY

06 16 43 GYPSUM SHEATHI NG

06 20 00 FI NI SH CARPENTRY

06 41 16. 00 10 PLASTI C- LAMI NATE- CLAD ARCHI TECTURAL CABI NETS

06 61 16 SOLI D SURFACI NG FABRI CATI ONS

DI VI SI ON 07 - THERMAL AND MOI STURE PROTECTI ON

07 05 23 PRESSURE TESTI NG AND AI R BARRI ER SYSTEM FOR AI R TI GHTNESS

07 14 00 COLD FLUI D- APPLI ED WATERPROOFI NG

07 16 00. 01 VAPOR EMI SSI ON CONTROL FOR CONCRETE FLOORS WI TH FI NI SH

FLOORING

07 21 13 BOARD AND BLOCK I NSULATI ON

07 22 00 ROOF AND DECK I NSULATI ON

07 27 10. 00 10 BUI LDI NG AI R BARRI ER SYSTEM

07 27 26 FLUI D- APPLI ED MEMBRANE AI R BARRI ERS

07 42 13 * 5 METAL WALL PANELS ( MPS- 1/ MPS- A2/ MPS- 3)

07 42 16 ALUMI NUM COMPOSI TE MATERI AL ( ACM) SYSTEM ( ACM- 1)

07 42 29 TERRACOTTA RAI NSCREEN WALL PANELS ( TCRS- 1, TCS- 1)

07 53 23 ETHYLENE- PROPYLENE- DI ENE- MONOMER ROOFI NG ( EPDM)

07 60 00 FLASHI NG AND SHEET METAL

07 81 00 SPRAY- APPLI ED FI REPROOFI NG

07 84 00 FIRESTOPPING

07 92 00 JOI NT SEALANTS

DI VI SI ON 08 - OPENI NGS

08 11 13 STEEL DOORS AND FRAMES

08 11 16 ALUMI NUM DOOR FRAMES

08 31 00 ACCESS DOORS AND PANELS

08 33 23 OVERHEAD COI LI NG DOORS

08 34 73 SOUND CONTROL DOOR ASSEMBLI ES

08 41 13 ALUMI NUM- FRAMED ENTRANCES AND STOREFRONTS

08 44 00 CURTAI N WALL AND GLAZED ASSEMBLI ES

08 71 00 DOOR HARDWARE

08 81 00 GLAZING

08 87 33 DECORATI VE FI LM

08 91 00 METAL WALL LOUVERS

DI VI SI ON 09 - FI NI SHES

09 22 16 NON- STRUCTURAL METAL FRAMI NG

09 24 24 PORTLAND CEMENT STUCCO

09 29 00 GYPSUM BOARD

09 30 10 CERAMI C, QUARRY, AND GLASS TI LI NG

09 51 00 ACOUSTI CAL CEI LI NGS

09 54 43 STRETCHED- FABRI C CEI LI NG SYSTEMS

09 62 38 STATI C- CONTROL FLOORI NG

09 65 00 RESI LI ENT FLOORI NG

09 66 23 RESI NOUS MATRI X TERRAZZO FLOORI NG

09 68 00 CARPETING

09 69 13 RI GI D GRI D ACCESS FLOORI NG

09 72 00 WALLCOVERINGS

09 84 20 ACOUSTI CAL WALL PANELS

09 90 00 PAI NTS AND COATI NGS

PROJECT TABLE OF CONTENTS Page 2

DI VI SI ON 10 - SPECI ALTI ES

10 14 00. 10 EXTERI OR SI GNAGE

10 14 00. 20 I NTERI OR SI GNAGE

10 14 00. 20 01 I NTERI OR MESSAGE SCHEDULE

10 14 53 TRAFFI C SI GNAGE

10 21 13 TOI LET COMPARTMENTS

10 22 19 DEMOUNTABLE AND MOVABLE PARTI TI ONS

10 22 29 UPFOLDI NG PANEL PARTI TI ONS

10 26 00 WALL AND DOOR PROTECTI ON

10 28 13 TOI LET ACCESSORI ES

10 44 16 FI RE EXTI NGUI SHERS

10 51 13 METAL LOCKERS

10 71 13 EXTERI OR SUN CONTROL DEVI CES ( AS- 1)

DI VI SI ON 11 - EQUI PMENT

11 13 19. 13 LOADI NG DOCK ACCESSORI ES

11 14 13 SECURI TY TURNSTI LES

11 24 23 WI NDOW WASHI NG SYSTEM

11 24 26 SAFETY TI E- BACKS

DI VI SI ON 12 - FURNI SHI NGS

12 24 13 ROLLER WI NDOW SHADES

12 36 00 COUNTERTOPS

12 61 13 UPHOLSTERED AUDI ENCE SEATI NG

12 93 00 SI TE FURNI SHI NGS

DI VI SI ON 13 - SPECI AL CONSTRUCTI ON

13 49 20. 00 10 RF SHI ELDI NG

DI VI SI ON 14 - CONVEYI NG EQUI PMENT

14 21 23 ELECTRI C TRACTI ON PASSENGER ELEVATORS

DI VI SI ON 21 - FI RE SUPPRESSI ON

21 13 13. 00 10 COMBI NED WET PI PE SPRI NKLER AND STANDPI PE SYSTEM, FI RE

PROTECTION

21 30 00 FI RE PUMPS

DI VI SI ON 22 - PLUMBI NG

22 00 00 PLUMBI NG, GENERAL PURPOSE

22 14 29. 00 40 SUMP PUMPS

DI VI SI ON 23 - HEATI NG, VENTI LATI NG, AND AI R CONDI TI ONI NG ( HVAC)

23 00 00 AI R SUPPLY, DI STRI BUTI ON, VENTI LATI ON, AND EXHAUST SYSTEMS

23 01 30. 41 HVAC SYSTEM CLEANI NG

23 05 48. 00 40 VI BRATI ON AND SEI SMI C CONTROLS FOR HVAC PI PI NG AND

EQUIPMENT

23 05 93 TESTI NG, ADJUSTI NG, AND BALANCI NG FOR HVAC

23 07 00 THERMAL I NSULATI ON FOR MECHANI CAL SYSTEMS

23 09 00 I NSTRUMENTATI ON AND CONTROL FOR HVAC

23 09 13 I NSTRUMENTATI ON AND CONTROL DEVI CES FOR HVAC

23 09 23. 13 20 BACNET DI RECT DI GI TAL CONTROL SYSTEMS FOR HVAC

PROJECT TABLE OF CONTENTS Page 3

23 09 93 SEQUENCES OF OPERATI ON FOR HVAC CONTROL

23 11 25 FACI LI TY GAS PI PI NG

23 21 23 HYDRONI C PUMPS

23 23 00 REFRI GERANT PI PI NG

23 25 00 CHEMI CAL TREATMENT OF WATER FOR MECHANI CAL SYSTEMS

23 52 00 HEATI NG BOI LERS

23 57 10. 00 10 FORCED HOT WATER HEATI NG SYSTEMS USI NG WATER AND STEAM

HEAT EXCHANGERS

23 64 26 CHI LLED, CHI LLED- HOT, AND CONDENSER WATER PI PI NG SYSTEMS

23 81 00 DECENTRALI ZED UNI TARY HVAC EQUI PMENT

23 81 23. 00 20 COMPUTER ROOM AI R CONDI TI ONI NG UNI TS

DI VI SI ON 25 - I NTEGRATED AUTOMATI ON

25 05 11. 00 UTI LI TY MONI TORI NG AND CONTROL SYSTEM ONLY

25 05 11. 01 CYBERSECURI TY FOR FI RE LI FE SAFETY ( FLS) CONTROL SYSTEMS

25 08 10 UTI LI TY MONI TORI NG AND CONTROL SYSTEM TESTI NG

25 10 10. 00 UTI LI TY MONI TORI NG AND CONTROL SYSTEM ( UMCS) FRONT END

AND I NTEGRATI ON

25 10 10. 01 FI RE LI FE SAFETY ( FLS) CONTROL SYSTEM FRONT END AND

INTEGRATION

25 50 00. 00 20 CYBERSECURI TY OF FACI LI TY- RELATED CONTROL SYSTEMS

DI VI SI ON 26 - ELECTRI CAL

26 00 00. 00 20 BASI C ELECTRI CAL MATERI ALS AND METHODS

26 08 00 APPARATUS I NSPECTI ON AND TESTI NG

26 09 23 LI GHTI NG CONTROL DEVI CES

26 20 00 I NTERI OR DI STRI BUTI ON SYSTEM

26 23 00 LOW- VOLTAGE SWI TCHGEAR

26 24 13 SWITCHBOARDS

26 28 01. 00 10 COORDI NATED POWER SYSTEM PROTECTI ON

26 29 23 VARI ABLE FREQUENCY DRI VE SYSTEMS UNDER 600 VOLTS

26 32 33. 00 10 UNI NTERRUPTI BLE POWER SUPPLY ( UPS) SYSTEM ABOVE 15 KVA

CAPACITY

26 41 00 LI GHTNI NG PROTECTI ON SYSTEM

26 51 00 I NTERI OR LI GHTI NG

26 56 00 EXTERI OR LI GHTI NG

DI VI SI ON 27 - COMMUNI CATI ONS

27 10 00 BUI LDI NG TELECOMMUNI CATI ONS CABLI NG SYSTEM

DI VI SI ON 28 - ELECTRONI C SAFETY AND SECURI TY

28 08 10 ELECTRONI C SECURI TY SYSTEM ACCEPTANCE TESTI NG

28 10 05 ELECTRONI C SECURI TY SYSTEMS ( ESS)

28 31 76 I NTERI OR FI RE ALARM AND MASS NOTI FI CATI ON SYSTEM

DI VI SI ON 31 - EARTHWORK

31 00 00 EARTHWORK

31 00 01 EARTHWORK - BUI LDI NG SUBGRADE

31 05 19 GEOTEXTILE

31 05 21 GEOGRI D SOI L REI NFORCEMENT

31 05 22 GEOTEXTI LES USED AS FI LTERS

31 10 00 CLEARI NG FOR CI VI L WORKS

31 11 00 CLEARI NG AND GRUBBI NG

31 31 16. 13 * 5 CHEMI CAL TERMI TE CONTROL

PROJECT TABLE OF CONTENTS Page 4

31 32 11 SOI L SURFACE EROSI ON CONTROL

31 60 00 FOUNDATI ON PREPARATI ON

DI VI SI ON 32 - EXTERI OR I MPROVEMENTS

32 01 16. 71 * 11 COLD MI LLI NG ASPHALT PAVI NG

32 05 33 LANDSCAPE ESTABLI SHMENT

32 11 23 AGGREGATE BASE COURSES

32 11 24 GRADED CRUSHED AGGREGATE BASE COURSE FOR FLEXI BLE PAVEMENT

32 12 13 BI TUMI NOUS TACK AND PRI ME COATS

32 12 17 HOT MI X BI TUMI NOUS PAVEMENT

32 13 13. 06 PORTLAND CEMENT CONCRETE PAVEMENT FOR ROADS AND SI TE

FACILITIES

32 16 13 CONCRETE SI DEWALKS AND CURBS AND GUTTERS

32 17 23 PAVEMENT MARKI NGS

32 31 13 * 5 EXTERI OR GATES

32 31 27 SECURI TY FENCE

32 84 23 UNDERGROUND SPRI NKLER SYSTEMS

32 92 23 SODDING

32 93 00 EXTERI OR PLANTS

32 94 50 STRUCTURAL SOI L CELLS

DI VI SI ON 33 - UTI LI TI ES

33 05 00. 01 COMMON WORK FOR UTI LI TY RELOCATI ON

33 40 00 STORM DRAI NAGE UTI LI TI ES

33 46 16 SUBDRAI NAGE PI PI NG

33 61 13. 13 PREFABRI CATED UNDERGROUND HYDRONI C ENERGY DI STRI BUTI ON

33 63 13. 19 CONCRETE TRENCH HYDRONI C AND STEAM ENERGY DI STRI BUTI ON

33 71 02. 01 UNDERGROUND ELECTRI CAL DI STRI BUTI ON FOR COMMUNI CATI ONS

33 82 00 TELECOMMUNI CATI ONS OUTSI DE PLANT ( OSP)

DI VI SI ON 34 - TRANSPORTATI ON

34 71 13. 19 ACTI VE VEHI CLE BARRI ERS

APPENDICES

Appendi x A AUD SPECI FI CATI ONS Appendi x B GEOTECHNI CAL REPORTS

- - End of Pr oj ect Tabl e of Cont ent s - -

PROJECT TABLE OF CONTENTS Page 5

PN 88724 SCI Training, Research & Netw ork Center (MCA1), Fort Gordon, GA

A. This acquisition w ill be aw arded utilizing a Low est Priced Technically Acceptable (LPTA) Source Selection Process in accordance w ith

FAR 15.101-2.

B. This solicitation is being solicited on an unrestricted basis as full and open competition, but contains a HUBZone Price Evaluation Preference.

C. The North American Industry Classif ication System (NAICS) code is 236220.

D. Per DFARS 236.204 Disclosure of Magnitude: the Magnitude of this project is betw een $25,000,000 and $100,000,000.

E. The proposal of the successful offeror shall be incorporated by reference into the aw arded contract.

***Please note that failure to f ill out ALL clauses/provisions in Section 00 45 00 may result in your proposal being found Non-Responsive***

Amendment may be issued to revise the Erosion Control Draw ings if required upon approval and receipt of the Land Disturbance Permit.

DANIEL A HELMIG 912-652-5162

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

31-May-2019

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________720 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________13 Sep 2019 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______345 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

USACE - SAVANNAH DISTRICT

100 W. OGLETHORPE AVE

SAVANNAH GA 31401

W912HN

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

W912HN19R3004 39

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912HN19R3004

Section SF 30 - Block 14 Continuation Page (SF 30)

AMENDMENT 0001

AMENDMENT 0002

AMENDMENT 0005

AMENDMENT 0006

AMENDMENT 0008

AMENDMENT 0011

BIDDER RFI RESPONSES

EXTERIOR SUN CONTROL DEVICES

AMENDMENT 0003

Section 00 01 15 - List of Drawing Sheets

WAGE DETERMINATION

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 1 Job OPTION Delete Seat wallsBoulders and planting areas

FOB: Destination

NET AMT

0007 1 Job OPTION Replace Terra cotta rain screen systemWith brick cavity / rain screen system

0008 1 Job OPTION Replace Terra CottaShades with aluminum sunshades

0009 1 Job OPTION Replace up-folding partitionsAt classrooms and labs with GWB partitions

0010 1 Job OPTION Remove clerestory windowsAt classrooms and Labs

0011 1 Job OPTION Revise glazing typeAt glass railing

0012 1 Job OPTION Back painted glassFOB: Destination

0013 1 Job OPTION Metal Wall BaseFOB: Destination

0014 1 Job OPTION Terrazzo FloorFOB: Destination

0015 1 Job OPTION Wall panelsFOB: Destination

0016 1 Job OPTION ACT ceilingsFOB: Destination

0017 1 Job OPTION Reduce number of Demountable partitionsFOB: Destination

0018 1 Job OPTION Electrical-service/switchgearFOB: Destination

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

0006 N/A N/A N/A N/A

0007 N/A N/A N/A N/A

0008 N/A N/A N/A N/A

0009 N/A N/A N/A N/A

0010 N/A N/A N/A N/A

0011 N/A N/A N/A N/A

0012 N/A N/A N/A N/A

0013 N/A N/A N/A N/A

0014 N/A N/A N/A N/A

0015 N/A N/A N/A N/A

0016 N/A N/A N/A N/A

0017 N/A N/A N/A N/A

0018 N/A N/A N/A N/A

Section 00 20 00 - Instructions for Procurement

Section 00 21 00 - Instructions

Section 00 21 16 - Instructions to Proposers

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

252.215-7008 Only One Offer OCT 2013

CLAUSES INCORPORATED BY FULL TEXT

Section 00 22 16 - Supplementary Instructions to Proposers

52.217-5 Evaluation Of Options JUL 1990

Section 00 45 00 - Representations and Certifications

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.236-28 Preparation of Proposals--Construction OCT 1997 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

Section 00 70 00 - Conditions of the Contract

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 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

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 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 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

52.211-15 Defense Priority And Allocation Requirements APR 2008 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

52.215-13 (Dev) Subcontractor Certified Cost or Pricing Data - Modifications (Deviation 2018-O0015)

JUL 2018

52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications

OCT 2010

52.219-4 (Dev) Notice of Price Evaluation Preference for HUBZone Small Business Concerns (DEVIATION 2019-O0003).

JAN 2019

52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-9 Small Business Subcontracting Plan AUG 2018 52.219-9 Alt II Small Business Subcontracting Plan (AUG 2018) Alternate II NOV 2016 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2019-O0003). DEC 2018 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 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 52.222-26 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

52.222-44 Fair Labor Standards And Service Contract Labor Standards- Price Adjustment

MAY 2014

52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 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 52.223-10 Waste Reduction Program MAY 2011 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

52.228-2 Additional Bond Security OCT 1997 52.228-11 Pledges Of Assets AUG 2018 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-15 Performance and Payment Bonds--Construction OCT 2010

52.229-4 Federal, State, And Local Taxes (State and Local Adjustments)

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

52.232-40 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 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work 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 OCT 2018 52.246-21 Warranty of Construction MAR 1994 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-10 Default (Fixed-Price Construction) APR 1984 52.249-14 Excusable Delays APR 1984 252.201-7000 Contracting Officer's Representative DEC 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 252.204-7012 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

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.223-7004 Drug Free Work Force SEP 1988

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 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

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 APR 2014 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

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 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 materials from which it was transformed.

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

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

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

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

(b) Construction materials.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(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.

(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)

52.225-11 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 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 materials from which it was transformed.

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

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

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

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

(b) Construction materials.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(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.

(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)

52.228-14…

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