Solicitation Package W912P823B0049.pdf
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- West Shore Lake Pontchartrain, WSLP-114a Drainage Structures, St. John the Baptist Parish
- Solicitation number
- W912P823B0049
About this file
This document is a pre-solicitation notice for a firm fixed-price contract related to the West Shore Lake Pontchartrain project in St. John the Baptist Parish, Louisiana. The U.S. Army Corps of Engineers, New Orleans District, will issue the solicitation in the 3rd quarter of 2023 as an Invitation for Bid (IFB). The work consists of drainage structure construction, including floodwalls, steel sheet piling, concrete piles, metal ladders, gates, fencing, and other related work. The estimated value is between $25 million and $100 million. This requirement is set aside for small businesses, and potential contractors are encouraged to register in the System for Award Management (SAM) and monitor the SAM website for the release of the solicitation and any amendments.
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Text version
Ed 22-019
US Army Corps of Engineers New Orleans District
West Shore Lake Pontchartrain, LA Hurricane and Storm Damage Risk Reduction Project
WSLP-114A
St. John the Baptist and St. Charles Parish, Louisiana
Construction Solicitation and Specifications
29 July 2024
DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, NEW ORLEANS DISTRICT
7400 LEAKE AVENUE
NEW ORLEANS, LA 70118-3651
Ed 22-019
SOLICITATION: W912P823B0049 29 July 2024
FOR: West Shore Lake Pontchartrain, LA, Hurricane and Storm Damage Risk Reduction Project, WSLP-114A, St.
John the Baptist and St. Charles Parish, Louisiana
All bids must be recived by 10:00 AM (CST) on 28 August 2024
TO OPEN: Bid opening will be held at 11:00 AM (CST), 28 August 2024 (Questions are due 12 August 2024 at 2:00 PM, (CST)
I. NOTE THE AFFIRMATIVE ACTION PROGRAM REQUIREMENT OF THE EQUAL OPPORTUNITY
CLAUSE WHICH MAY APPLY TO THE CONTRACT RESULTING FROM THIS SOLICITATION.
II. NOTE THE CERTIFICATION OF NONSEGREGATED FACILITIES IN THIS SOLICITATION.
Bidders, offerors and applicants are cautioned to note the "Certification of Non-segregated Facilities" in the solicitation. Failure of a bidder or offeror to agree to the certification will render his bid or offer non-responsive to the terms of solicitations involving awards of contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause.
III. Prospective contractors must register in the System for Award Management (SAM). See FAR Clause 52.204-7 for required information. The website for SAM is https://www.sam.gov. You will be required to provide your company’s Dun and Bradstreet (D&B) D-U-N-S number. If you do not already have a D&B D-U-N-S number, one can be requested at http://fedgov.dnb.com/webform.
BIDDERS MUST PROVIDE FULL, ACCURATE AND COMPLETE INFORMATION AS REQUIRED BY THIS
SOLICITATION AND ITS ATTACHMENTS. THE PENALTY FOR MAKING FALSE STATEMENTS IN BIDS
IS PRESCRIBED IN 18 U.S.C. 1001. (FAR 52.214-4 APR 1984)
DESCRIPTION AND MAGNITUDE OF WORK: The work consists of clearing and grubbing; floodwall and stop log construction, placement of steel sheet piling, H-piling, pipe piles, precast/prestressed concrete piles, geotextile, geogrid, grouted riprap, prestressed concrete piles; installation of metal ladders, stairs, cat walk, and railings;
installation of vertical wick drains and horizontal strip drains; stone and bedding construction, slide gates and hoist, precast concrete bridge, steel vehicular swing type flood gate, excavation and embankment placement;
miscellaneous metalwork, painting, turf establishment; chain link fencing, surfacing, structural excavation and backfill, electrical work, construction of temporary retaining structures and dewatering; and other related incidental work.
CAUTION TO BIDDERS: In delivery of hand-carried bids, bidders are cautioned to allow sufficient time for delays which may be encountered as a result of frequent trains which are subject to block all access roads to place of bid opening for various lengths of time and for visitor background checks by MVN security when entering the installation at place of bid opening. Such delays DO NOT permit acceptance or consideration of late bids.
NOTE: ALL WORK UNDER THESE SPECIFICATIONS SHALL BE PERFORMED IN ACCORDANCE WITH
THE PROVISIONS OF EM 385-1-1 "CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS
MANUAL", DATED NOVEMBER 2014.
ATTENTION: Contractors must complete, and submit with their bid, the provisions located in Section 00600. A bidder may also submit, in lieu of the completed Section 00600, a complete hard copy of their Online Representations and Certifications Applications (ORCA) registration with an expiration date on or after the date of award.
ALL INQUIRIES REGARDING THIS SOLICITATION
SHOULD BE MADE TO THE FOLLOWING:
MELISSA A. VAUGHN
CONTRACT SPECIALISTS
U.S. ARMY CORPS OF ENGINEERS, NEW ORLEANS DISTRICT
EMAILS: MELISSA.A.VAUGHN@USACE.ARMY.MIL
PHONE: (504) 862 2762
AND/OR
CHRISTA L. PROCTOR@ USACE.ARMY.MIL
PHONE: (504)862- 2211
COLLECT CALLS NOT ACCEPTED
NOTE: FOR THE MOST PROMPT REPSONSE, PLEASE SEND ALL QUESTIONS VIA E
MAIL.
PROJECT TABLE OF CONTENTS
PTC-i Ed 22-019
Division 00 – PROCUREMENT AND CONTRACTING
Solicitation, Offer and Award SF-1442 00010 Bidding Schedule 00100 Instructions, To Bidders 00600 Representations and Certifications 00700 Contract Clauses
Division 01 - GENERAL REQUIREMENTS
01100 General Provisions 01 32 01.00 12 Project Schedule 01 33 00 Submittal Procedures 01 42 00 Sources for Reference Publications 01 45 00.15 10 Resident Management System Contractor Mode (RMS CM) 01 45 04.00 10 Contractor Quality Control 01 53 00.02 12 Temporary Retaining Structures 01 55 26.00 12 Traffic Control and Coordination 01 57 20.00 12 Environmental Protection 01 57 23.00 12 Storm Water Pollution Prevention Plan 01 57 23.01 12 Truck Wash-Down Racks 01 78 02.00 10 Closeout Submittals 01 78 23 Operation and Maintenance Data
Division 03 – CONCRETE
03 11 14.00 12 Formwork for Concrete 03 15 13.00 12 Expansion Joints and Waterstops in Concrete 03 21 00.00 12 Reinforcing Steel 03 31 00.00 12 Cast-In-Place Structural Concrete 03 31 01 Tremie Slab Concrete
Division 05 – METALS
05 05 23.16 Structural Welding 05 12 00 Structural Steel 05 50 03.00 12 Metalwork, Fabrication, Machine Work, and Miscellaneous Provisions 05 50 04.01 12 Miscellaneous, Standard Articles, Shop Fabricated Items 05 50 14 Structural Metal Fabrications 05 51 00 Metal Stairs 05 51 33 Metal Ladders 05 52 00 Metal Railings 05 59 20 Fabrication of Hydraulic Steel Structures
PTC-ii Ed 22-019
Division 09 – FINISHES
09 97 02.01 12 Painting: Coal Tar Epoxy System 09 97 02.02 12 Painting: Vinyl System
Division 10 – SPECIALTIES
10 14 00.00 10 Exterior Signage
Division 13 – SPECIAL CONSTRUCTION
13 50 01.00 09 Staff Gauge
Division 26 – ELECTRICAL
26 05 26.00 40 Grounding and Bonding for Electrical Systems
Division 31 – EARTHWORK
31 05 19.04 12 Separator Geotextile 31 05 19.05 12 Reinforcement Geotextile 31 05 19.26 12 Geogrid Composite System 31 05 20.10 12 High Strength Geogrid 31 11 00.00 12 Clearing and Grubbing 31 23 00.00 12 Excavation 31 23 16.16 12 Structural Excavation and Backfill 31 23 19.00 12 Dewatering 31 24 00.00 12 Embankment 31 24 00.00 12 Vertical Wick and Horizontal Strip Drains 31 37 00.01 12 Grouted Riprap 31 41 16.00 12 Steel Sheet Piling 31 62 13.20 Precast/Prestressed Concrete Piles 31 62 16.00 12 Steel H-Piles 31 62 17.00 12 Steel Pipe Piles
Division 32 – EXTERIOR IMPROVEMENTS
32 15 00.00 12 Surfacing 32 31 13 Chain Link Fences and Gates 32 34 00.01 12 Precast Concrete Bridge 32 34 00.02 12 Precast Concrete Bridge Deck and Cap Units 32 92 19.23 12 Turf Establishment and Maintenance
PTC-iii Ed 22-019
Division 33 – UTILITIES
33 40 01.00 12 Corrugated Metal Pipe
Division 35 – WATERWAY AND MARINE CONSTRUCTION
35 20 14 Stoplogs 35 20 16.54 Slide Gates and Operators 35 20 16.60 12 Swing Gate 35 31 19.04 12 Stone and Bedding Construction
(See ).
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
9. FOR INFORMATION
CALL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".
SOLICITATION
1. SOLICITATION NUMBER
5. REQUISITION/PURCHASE REQUEST NUMBER
CODE
6. PROJECT NUMBER
8. ADDRESS OFFER TO
4. CONTRACT NUMBER
7. ISSUED BY
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)
11. The contractor shall begin performance within
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES", indicate within how many calendar days after award in Item 12b.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and
b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d. Offers providing less than
STANDARD FORM 1442 (REV. 8/2014)
Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
is, is not required.
local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.
calendar days and complete it within calendar days after receiving
a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
12b. CALENDAR DAYS
2. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
3. DATE ISSUED PAGE OF PAGES
W912P823B0049
U.S. Army Engineer District, New Orleans 7400 Leake Ave.
New Orleans, LA 70118-3651
West Shore Lake Pontchartrain, LA Hurricane and Storm Damage Risk Reduction Project, WSLP-114A, St. John the Baptist and St. Charles Parish, Louisiana ED 22-019
This procurement is Unrestricted. NAICS code is 237990. Invitation For Bid.
The work consists of clearing and grubbing; floodwall and stop log construction, placement of steel sheet piling, H-piling, pipe piles, precast/prestressed concrete piles, geotextile, geogrid, grouted riprap, prestressed concrete piles; installation of metal ladders, stairs, cat walk, and railings; installation of vertical wick drains and horizontal strip drains; stone and bedding construction, slide gates and hoist, precast concrete bridge, steel vehicular swing type flood gate, excavation and embankment placement; miscellaneous metalwork, painting, turf establishment; chain link fencing, surfacing, structural excavation and backfill, electrical work, construction of temporary retaining structures and dewatering; and other related incidental work.
The estimated construction magnitude is between $25,000,000 and $100,000.00.
Questions are due no later than 12 August 2024 at 2:00 PM (CST)
U.S. Army Engineer District, New Orleans Attn: CEMVN-CT-E 7400 Leake Ave., Room 172 New Orleans, LA 70118
MELISSA A. VAUGHN (504) 826-2762
ED 22-019
107/29/2024
08/28/2024
11:00 a.m.
3 (Three)
FAR 52.211-10
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
OFFER (Must be fully completed by offeror)
AMOUNTS
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
NUMBER
DATE.
AWARD (To be completed by Government)
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)
CODE FACILITY CODE
15. TELEPHONE NUMBER (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)
21. ITEMS ACCEPTED:
22. AMOUNT
26. ADMINISTERED BY
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)
31c. DATE
STANDARD FORM 1442 (REV. 8/2014) BACK
31b. UNITED STATES OF AMERICA
BY
31a. NAME OF CONTRACTING OFFICER (Type or print)
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30b. SIGNATURE 30c. DATE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
copies to issuing office.) Contractor agrees to furnish
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
23. ACCOUNTING AND APPROPRIATION DATA
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
27. PAYMENT WILL BE MADE BY
10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )
20b. SIGNATURE 20c. OFFER DATE
USACE, New Orleans Area Office 7400 Leake Ave New Orleans, LA 70118
US ARMY CORPS OF ENGR FINANCE CENTER
5722 INTEGRITY DRIVE
MILLINGTON TN 38054-5005
00010-3 Ed 22-019
SECTION 00010 – BIDDING SCHEDULE
West Shore Lake Pontchartrain, LA, Hurricane and Storm Damage Risk Reduction Project, WSLP-114A, St. John the Baptist and St. Charles Parish, Louisiana
Item DESCRIPTION Estimated Quantity Unit Unit Price Estimated Amount
BASE WORK
Mobilization and Demobilization
HC
1 JOB
Mobilization and Demobilization
PC
1 JOB
Temporary Retaining Structures -
HC
1 JOB
Temporary Retaining Structures -
PC
1 JOB
Traffic Control and Coordination -
HC
1 JOB
Traffic Control and Coordination -
PC
1 JOB
0007 Silt Fence – HC 5,830 LF
0008 Silt Fence – PC 6,845 LF
0009 Truck Wash-Down Rack - HC 1 JOB
0010 Truck Wash-Down Rack - PC 1 JOB
Reinforced Concrete Floodwalls -
HC
1 JOB
Reinforced Concrete Floodwalls -
PC
1 JOB
Reinforced Concrete Drainage Structure - HC
1 JOB
Reinforced Concrete Drainage Structure - PC
1 JOB
Reinforced Concrete Sleeper Slabs - HC
1 JOB
Reinforced Concrete Sleeper Slabs - PC
1 JOB
Drainage Structure Tremie Slab Concrete - HC
1 JOB
Floodwall Tremie Slab Concrete -
HC
1 JOB
Drainage Structure Tremie Slab Concrete - PC
1 JOB
Floodwall Tremie Slab Concrete -
PC
1 JOB
0021 Miscellaneous Metalwork - HC 1 JOB
00010-4 Ed 22-019
0022 Miscellaneous Metalwork - PC 1 JOB
0023 Electrical - HC 1 JOB
0024 Electrical - PC 1 JOB
0025 Separator Geotextile - HC 3,662 SY
0026 Separator Geotextile - PC 5,610 SY
0027 Reinforcement Geotextile - HC 3,550 SY
0028 Reinforcement Geotextile - PC 1,835 SY
0029 Geogrid Composite System - HC 85,820 SY
0030 Geogrid Composite System - PC 15,907 SY
0031 High Strength Geogrid - HC 2,962 SY
0032 High Strength Geogrid - PC 4,660 SY
0033 Clearing and Grubbing - HC 1 JOB
0034 Clearing and Grubbing - PC 1 JOB
Interior and Floodside Drainage Canal Excavation - HC
1 JOB
Interior and Floodside Drainage Canal Excavation - PC
1 JOB
0037 Borrow Pit Development - HC 1 JOB
0038 Borrow Pit Development - PC 1 JOB
0039 Bypass Canal - HC 1 JOB
0040 Bypass Canal - PC 1 JOB
0041 Dewatering - HC 1 JOB
0042 Dewatering - PC 1 JOB
0043 Embankment - HC 28,417 CY
0044 Preload Embankment - HC 12,180 CY
0045 Embankment - PC 85,846 CY
0046 Preload Embankment - PC 25,300 CY
0047 Sand Fill Base - HC 900 TON
0048 Sand Fill Base - PC 625 TON
0049 Vertical Wick Drains - HC 17,200 LF
0050 Horizontal Strip Drains - HC 4,500 LF
0051 Vertical Wick Drains - PC 283,570 LF
00010-5 Ed 22-019
0052 Horizontal Strip Drains - PC 20,950 LF
0053 Grouted Riprap - HC 500 CY
0054 Grouted Riprap - PC 634 CY
Piling, Steel Sheet, Type PZ-22 -
HC
15,477 SF
Piling, Steel Sheet Type PZ-22 -
PC
19,361 SF
Prestressed Concrete Piling (14" Sq.) - HC
453 LF
Prestressed Concrete Piling (14" Sq.) - PC
1,185 LF
0059 Steel H-Piling (HP14 x 89) - HC 18,820 LF
0060 Steel H-Piling (HP14 x 89) - PC 24,867 LF
0061 PDA Testing - HC 1 JOB
0062 PDA Testing - PC 1 JOB
0063 Furnish Steel Pipe Piles - HC 2,895 LF
0064 Furnish Steel Pipe Piles - PC 2,329 LF
0065 Drive Steel Pipe Piles - HC 2,895 LF
0066 Drive Steel Pipe Piles - PC 2,329 LF
0067 Surfacing (Separation Stone) - HC 1,376 TON
0068 Surfacing (Drainage Layer) - HC 319 TON
0069 Surfacing (Crushed Stone) - HC 642 TON
0070 Surfacing (Separation Stone) - PC 2,164 TON
0071 Surfacing (Drainage Layer) - PC 920 TON
0072 Surfacing (Crushed Stone) - PC 860 TON
Chain Link Fencing and Gates -
HC
1 JOB
Chain Link Fencing and Gates -
PC
1 JOB
0075 Precast Access Ramps - HC 1 JOB
0076 Precast Access Ramps - PC 1 JOB
0077 Seeding and Mulching - HC 6.03 AC
0078 Seeding and Mulching - PC 13.30 AC
00010-6 Ed 22-019
0079 Fertilizer - HC
0079AA First 270 LBS 270 LBS
0079AB All Over 270 LBS 135 LBS
0080 Fertilizer - PC
0080AA First 599 LBS 599 LBS
0080AB All Over 599 LBS 300 LBS
0081++ Lime Soil Amendment - HC 6.03 TON
0082++ Lime Soil Amendment - PC 13.30 TON
0083++ Sulfur Soil Amendment - HC 3.01 TON
0084++ Sulfur Soil Amendment- PC 6.65 TON
0085 96" Corrugated Metal Pipe - HC 570 LF
0086 18" Corrugated Metal Pipe - PC 40 LF
0087 72" Corrugated Metal Pipe - PC 82 LF
0088 84" Corrugated Metal Pipe - PC 288 LF
0089 Guardrail - HC 366 LF
0090 Guardrail - PC 520 LF
0091 Slide Gates - HC 1 JOB
0092 Slide Gates - PC 1 JOB
0093 Stoplogs - HC 1 JOB
0094 Stoplogs - PC 1 JOB
0095 Swing Gate - PC 1 JOB
0096 R90 Riprap - HC 17,748 TON
0097 R200 Riprap - HC 2,638 TON
0098 R650 Riprap - HC 3,589 TON
0099 R90 Riprap - PC 7,255 TON
0100 R400 Riprap - PC 548 TON
0101 R650 Riprap - PC 1,034 TON
0102 Bedding Stone - HC 5,131 TON
0103 Bedding Stone - PC 2,200 TON
TOTAL BASE WORK: $
00010-7 Ed 22-019
OPTIONAL WORK (OW)
0104 Silt Fence – PC - OW 2,076 LF
Reinforcement Geotextile – PC –
OW
3,000 SY
0106 High Strength Geogrid - PC - OW 2,086 SY
0107 Clearing and Grubbing - PC - OW 1 JOB
Interior and Floodside Drainage Canal Excavation - PC - OW
1 JOB
0109 Embankment - PC - OW 19,675 CY
0110 Preload Embankment - PC - OW 9,000 CY
0111 Sand Fill Base – PC – OW 4,400 CY
Surfacing (Separation Stone) - PC
- OW
479 TON
Surfacing (Drainage Layer) - PC -
OW
215 TON
Surfacing (Crushed Stone) - PC -
OW
238 TON
0115 Seeding and Mulching - PC - OW 5 AC
0116 Fertilizer - PC - OW
0116AA First 169 LBS 169 LBS
0116AB All Over 169 LBS 170 LBS
0117++ Lime Soil Amendment - PC - OW 5 TON
0118++ Sulfur Soil Amendment - PC - OW 2.5 TON
0119 Vertical Wick Drains – PC - OW 11,500 LF
0120 Horizontal Strip Drains - PC - OW 1,000 LF
96" Corrugated Metal Pipe - PC-
OW
392 LF
0122 Guardrail - PC - OW 336 LF
0123 R90 Riprap - PC - OW 674 TON
0124 Bedding Stone - PC - OW 168 TON
TOTAL OPTIONAL WORK $
TOTAL BASE WORK+OPTIONAL WORK $
++Items not subject to the requirements of FAR 52.211-18 VARIATION IN ESTIMATED QUANTITY.
**The unit "JOB" as used in this Bidding Schedule is synonymous with the term "Lump Sum" used elsewhere within these plans and specifications.
Award will be made as a whole to one bidder.
00010-8 Ed 22-019
NOTE 1: Bidders shall furnish unit prices for each item listed in the Schedule requiring a unit price. If the bidder fails to insert a unit price in the appropriate blank for required item(s), but does furnish an extended total, or an estimated amount for such item(s), the Government shall deem the unit price to be the quotient obtained by dividing the extended amount for that line item by the quantity. IF A BIDDER OMITS BOTH THE UNIT PRICE AND THE EXTENDED
TOTAL OR ESTIMATED AMOUNT FOR ANY ITEM, ITS BID SHALL BE
DECLARED NON-RESPONSIVE AND THEREFORE INELIGIBLE FOR AWARD.
NOTE 2: Any bid may be rejected if the Contracting Officer determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only total price of bid, but the price for individual line items as well. Any bid may be rejected if the prices for any line items or sub line items are materially unbalanced (See FAR 14.404-2, Rejection of Individual Bids).
NOTE 3: THE NOTICE TO PROCEED (NTP): The successful bidder is advised that performance and payment bonds shall be submitted in accordance with the time frame in block 12B of SF 1442. The NTP will be issued immediately after verification of acceptable performance and payment bonds. Within seven (7) days after issuance of the NTP, the Contractor shall initiate a meeting to discuss the submittal process with the Area or Resident Engineer or his authorized representative.
Physical work cannot start until the Accident Prevention Plan, Contractor Quality Control Plan, and other submittals which may be required, have been submitted and approved and all preliminary meetings called for under the contract, have been conducted.
NOTE 4: RAPID VENDOR PAYMENT: Web based instructions for the submission of invoices;
http://www.mvn.usace.army.mil/BusinessWithUs/Contracting/RapidVendorPayment.a spx
NOTE 5: OPTIONAL WORK ITEMS. The Government may require the delivery of the numbered line item(s), identified in the schedule as OPTIONAL WORK Items, in the quantities and prices stated in the schedule. The Contracting Officer may exercise the OPTIONAL WORK Items by written notice to the Contractor no later than March 31, 2025. Bidders shall bid on all items including optional items (see “Evaluation of Options” FAR 52.217-5). Failure to bid on all items will result in a non-responsive bid.
NOTE 6: EVALUATION OF OPTIONS (FAR 52.217-5 JUL 1990). Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for this basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). ** If an option is to be exercised at the time of contract award FAR17.208 shall be used in place of FAR 52.217-5.
NOTE 7: TIME ADJUSTMENT IN THE EVENT OF THE EXERCISE OF OPTIONAL
WORK. In the event that OPTIONAL WORK items are exercised under the terms of the contract, the time required for completion of the contract shall be 90 calendar days in addition to the original contract duration of 1,360 calendar days established for the BASE WORK items specified in the Contract Clause entitled
“COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52-
211-10 – APR 1984)”.
00010-9 Ed 22-019
EVALUATION OF SUBLINE ITEMS (Dec 2019 - AFARS 5152.211-9000).
Item Nos. 0079, 0080, and 0116 are subdivided into two or more estimated quantities and are to be separately priced. The Government will evaluate each of these items on the basis of total price of its subline items.
(End of Clause)
VARIATIONS IN ESTIMATED QUANTITIES - SUBLINE ITEMS (Dec 2019) - AFARS 5152.211-9001).
This variation in estimated quantities clause is applicable only to item Nos. 0079, 0080, and 0116.
(a) Variation from the estimated quantity in the actual work performed under any second or subsequent subline item or elimination of all work under such a second or subsequent subline item will not be the basis for an adjustment in contract unit price.
(b) Where the actual quantity of work performed for item Nos. 0079, 0080, and 0116 is less than 85% of the quantity of the first subline item listed under such item, the contractor will be paid at the contract unit price for that subline item for the actual quantity of work performed and, in addition, an equitable adjustment shall be made in accordance with the clause at Federal Acquisition Regulation
(FAR) 52.211-18, VARIATION IN ESTIMATED QUANTITY.
(c) If the actual quantity of work performed under item Nos. 0079, 0080, and 0116 exceeds 115% or is less than 85% of the total estimated quantity of the subline item under that item and/or if the quantity of the work performed under the second subline item or any subsequent subline item under item Nos. NONE exceeds 115% or is less than 85% of the estimated quantity of any such subline item, and if such variation causes an increase or a decrease in the time required for performance of this contract the contract completion time will be adjusted in accordance with the clause FAR 52.211-18, VARIATION IN ESTIMATED
QUANTITY.
(End of Clause)
BID BOND
(See instructions on reverse)
OMB Control Number: 9000-0045 Expiration Date: 8/31/2025
PRINCIPAL (Legal name and business address) TYPE OF ORGANIZATION ("X" one)
STATE OF INCORPORATION
SURETY(IES) (Name and business address)
PERCENT
OF BID
PRICE
PENAL SUM OF BOND
AMOUNT NOT TO EXCEED
MILLION(S) THOUSAND(S) HUNDRED(S) CENTS
BID IDENTIFICATION
BID DATE INVITATION NUMBER
PRINCIPAL
SIGNATURE(S)
NAME(S) &
TITLE(S)
(Typed)
1.
1. 2.
2.
3.
3.
(Seal) (Seal) (Seal) Corporate Seal
INDIVIDUAL SURETY(IES)
SIGNATURE(S)
NAME(S)
(Typed)
1.
1.
2.
2.
(Seal) (Seal)
CORPORATE SURETY(IES)
SU
R
ET
Y
A
NAME &
ADDRESS
STATE OF INCORPORATION LIABILITY LIMIT ($)
SIGNATURE(S)
NAME(S) &
TITLE(S)
(Typed)
1.
1.
2.
2. Corporate Seal
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition is NOT usable
STANDARD FORM 24 (REV. 8/2016)
Prescribed by GSA - FAR (48 CFR) 53.228(a)
FOR (Construction, Supplies or Services)
OBLIGATION:
We, the Principal and Surety(ies) are firmly bound to the United States of America (hereinafter called the Government) in the above penal sum. For payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. However, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us. For all other purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown opposite the name of the Surety. If no limit of liability is indicated, the limit of liability is the full amount of the penal sum.
CONDITIONS:
The Principal has submitted the bid identified above.
THEREFORE:
The above obligation is void if the Principal - (a) upon acceptance by the Government of the bid identified above, within the period specified therein for acceptance (sixty (60) days if no period is specified), executes the further contractual documents and gives the bond(s) required by the terms of the bid as accepted within the time specified (ten (10) days if no period is specified) after receipt of the forms by the principal; or (b) in the event of failure to execute such further contractual documents and give such bonds, pays the Government for any cost of procuring the work which exceeds the amount of the bid.
Each Surety executing this instrument agrees that its obligation is not impaired by any extension(s) of the time for acceptance of the bid that the Principal may grant to the Government.
Notice to the surety(ies) of extension(s) is waived. However, waiver of the notice applies only to extensions aggregating not more than sixty (60) calendar days in addition to the period originally allowed for acceptance of the bid.
WITNESS:
The Principal and Surety(ies) executed this bid bond and affixed their seals on the above date.
DATE BOND EXECUTED (Must not be later than bid opening date)
Paperwork Reduction Act Statement - This information collection meets the requirements of 44 USC § 3507, as amended by section 2 of the Paperwork Reduction Act of 1995. You do not need to answer these questions unless we display a valid Office of Management and Budget (OMB) control number. The OMB control number for this collection is 9000-0045. We estimate that it will take 1 hour to read the instructions, gather the facts, and answer the questions. Send only comments relating to our time estimate, including suggestions for reducing this burden, or any other aspects of this collection of information to: General Services Administration, Regulatory Secretariat Division (M1V1CB), 1800 F Street, NW, Washington, DC 20405.
JOINT VENTURE
OTHER (Specify)
PARTNERSHIPINDIVIDUAL
CORPORATION
INSTRUCTIONS
1. This form is authorized for use when a bid guaranty is required. Any deviation from this form will require the written approval of the Administrator of General Services.
2. Insert the full legal name and business address of the Principal in the space designated "Principal" on the face of the form. An authorized person shall sign the bond. Any person signing in a representative capacity (e.g., an attorney-in-fact) must furnish evidence of authority if that representative is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved.
3. The bond may express penal sum as a percentage of the bid price. In these cases, the bond may state a maximum dollar limitation (e.g., 20% of the bid price but the amount not to exceed dollars).
4. (a) Corporations executing the bond as sureties must appear on the Department of the Treasury's list of approved sureties and must act within the limitations listed therein. The value put into the LIABILITY LIMIT block is the penal sum (i.e., the face value) of the bond, unless a co-surety arrangement is proposed.
(b) When multiple corporate sureties are involved, their names and addresses shall appear in the spaces (Surety A, Surety B, etc.) headed "CORPORATE SURETY(IES)." In the space designated "SURETY(IES)" on the face of the form, insert only the letter identifier corresponding to each of the sureties. Moreover, when co-surety arrangements exist, the parties may allocate their respective limitations of liability under the bond, provided that the sum total of their liability equals 100% of the bond penal sum.
(c) When individual sureties are involved, a completed Affidavit of Individual Surety (Standard Form 28) for each individual surety, shall accompany the bond.
The Government may require the surety to furnish additional substantiating information concerning its financial capability.
5. Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the word "Corporate Seal"; and shall affix an adhesive seal if executed in Maine, New Hampshire, or any other jurisdiction requiring adhesive seals.
6. Type the name and title of each person signing this bond in the space provided.
7. In its application to negotiated contracts, the terms "bid" and "bidder" shall include "proposal" and "offeror."
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NAME &
ADDRESS
STATE OF INCORPORATION LIABILITY LIMIT ($)
SIGNATURE(S)
NAME(S) &
TITLE(S)
(Typed)
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2. Corporate Seal
Corporate Seal
LIABILITY LIMIT ($)STATE OF INCORPORATION
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1.NAME(S) &
TITLE(S)
(Typed)
SIGNATURE(S)
NAME &
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Corporate Seal
LIABILITY LIMIT ($)
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STATE OF INCORPORATION
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SIGNATURE(S)
NAME &
ADDRESS
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Corporate Seal
LIABILITY LIMIT ($)
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STATE OF INCORPORATION
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NAME(S) &
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SIGNATURE(S)
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Corporate Seal
LIABILITY LIMIT ($)
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STATE OF INCORPORATION
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NAME(S) &
TITLE(S)
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SIGNATURE(S)
NAME &
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LIABILITY LIMIT ($)
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STATE OF INCORPORATION
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STANDARD FORM 24 (REV. 8/2016) BACK
Section 00100 - Bidding Schedule/Instructions to Bidders
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 52.214-10 Contract Award--Sealed Bidding JUL 1990 52.214-12 Preparation Of Bids APR 1984 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.216-1 Type Of Contract APR 1984 52.222-5 Construction Wage Rate Requirements--Secondary Site of the
Work
MAY 2014
52.222-6 Construction Wage Rate Requirements AUG 2018 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022
CLAUSES INCORPORATED BY FULL TEXT
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).
(End of provision)
52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS--CERTIFICATION (NOV
2021)
(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition Regulation 2.101.
(b) Certification. [Offeror shall check either (1) or (2).]
____ (1) The Offeror certifies that--
(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and
(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; or
____ (2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.
(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.
(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.
(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:
(i) An inability to certify compliance.
(ii) An inability to conclude compliance.
(iii) A statement about compliance concerns.
(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.
(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.
(d) Do not submit an offer unless--
(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or
(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has--
(i) Waived application under U.S.C. 2593e(d) or (e); or
(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).
(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.
52.225-11 BUY AMERICAN--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (DEC
2022)
(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 product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (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.
Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.
Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.
Designated country means any of the following countries:
(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, 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, 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) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-
(i) An unmanufactured construction material mined or produced in the United States; or
(ii) A construction material manufactured in the United States, if--
(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or
(B) The construction material is a COTS item; or
(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".
Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.
Foreign construction material means a construction material other than a domestic construction material.
Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.
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.
Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.
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…
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