W912PQ-16-R-0003.docx

W912PQ-16-R-0003

Section B - Supplies or Services and Prices

Project GRCL-16-0010

FFP

Room 133 Renovations and Door Sleeve Replacement Room 120:

The contractor shall provide all personnel, equipment, tools, materials, supervision, transportation, and other items and services necessary to complete the work as described in this Performance Work Statement. Work location is at the Eastern Air Defense Sector (EADS), Building 703, 366 Otis Street, Rome, New York 13441-4812 on the Griffiss Business and Technology Park, Rome, New York 13441.

FOB: Destination

PURCHASE REQUEST NUMBER: F9GGGA6034AW01-0001

SIGNAL CODE: A

NET AMT

See Exhibit A

Contract Manpower Reporting

FFP

Cost of Contract Manpower Reporting.

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Eastern Air Defense Sector (EADS) via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil

SIGNAL CODE: A

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

ROOM 133 RENOVATIONS

AND

DOOR SLEEVE REPLACEMENT ROOM 120

EASTERN AIR DEFENSE SECTOR

GRIFFISS BUSINESS AND TECHNOLOGY PARK

BUILDING 703

366 OTIS STREET

ROME, NEW YORK 13441-4812

EADS PROJECT

GRCL-16-0010

4 May 2016

Table of contents

1. SCOPE OF WORK

2. AREA OF WORK

3. DESCRIPTION OF WORK

4. PERIOD OF PERFORMANCE

5. MATERIALS

6. GENERAL CONDITIONS

7. GOVERNMENT WORKING HOURS

8. UTILITIES

9. DISPOSAL OF MATERIALS AND CLEANUP

10. SECURITY

11. ESCORTS

12. SITE VISIT

13. POINT OF CONTACT

1. SCOPE OF WORK:

The contractor shall provide all personnel, equipment, tools, materials, supervision, transportation, and other items and services necessary to complete the work as described in this Performance Work Statement. Work location is at the Eastern Air Defense Sector (EADS), Building 703, 366 Otis Street, Rome, New York 13441-4812 on the Griffiss Business and Technology Park, Rome, New York 13441.

2. AREA OF WORK:

Contractor shall work only in the areas designated by the Engineer in Charge. Area of work is located at the west end of Building 703.

Contractor shall verify all measurements and quantities at site visit.

3. DESCRIPTION OF WORK:

Contractor shall construct new walls within room 133 in Building 703 renovating the single room into three equal sized offices with separate doorways at EADS with Sound Soak installed on all walls.

· The contractor shall layout room 133 to provide three equal size offices. All walls shall be considered fire walls and extend from finish floor to the deck with sound attenuation (batts) insulation and 5/8 inch sheet rock installed on 100% of the wall finished and primed white. All wall penetrations shall be sealed with fire caulk.

· The contractor shall remove the ceiling and reinstall new suspended ceiling grid frame and install 2 X 4 soundproof ceiling tiles, government furnished. Ceiling shall be installed at the existing ceiling height.

· The contractor shall install doors and frames to match existing door, frame with side lite windows.

· Each office shall be wired and cabled with Electric, Comm, Telephone and Data jacks on each wall, with the electric lights for each room to be operated on separate switches with light sensors. All Electrical, Comm., Data, (¾”) and Video (2”) raceways – conduits Stubbed above ceiling shall be installed by the contractor.

· All Comm., Data, and Video cabling / wiring shall be completed by others.

· Contractor shall provide and install all Electrical wiring and devices.

· New HVAC supplies and returns shall be installed to accommodate the size of the room. HVAC sensors shall be installed in each room.

· Fire protection sprinklers shall have to be added and move to accommodate the room configurations. Audio / visuals alarms shall be installed in each office if required by code.

· Additional intercom speakers shall have to be added and installed to the two new rooms. Contractor shall provide and install two (2) Clarity 2' X 2" Lay-In Ceiling Speaker, Model S-522A-2. Contractor shall install J hooks along each wall perimeter, every 4’with a minimum of two (2) J hooks on each wall. All cabling / wiring for speakers shall be completed by others.

· Raceways-conduits and boxes for Electrical outlets, Telephone jacks, Video jacks and Comm.-Data jack shall be added to each of the additional two (2) offices for future television installs all other existing Electrical outlets, Telephone jacks, Video jacks and Data jack shall be extended out to finish wall surface with mud rings.

· Contractor shall install 5/8 inch plywood blocking on the walls for the mounting of televisions spanning 4ft wide and height of ceiling.

· Each wall shall have Electrical outlets, Comm, Data, and Video jacks location as designated by the Engineer in charged.

· The contractor shall protect the existing floor and walls form any damage during the demo and construction of this project.

· Contractor shall remove and replace the door sleeve for room 120. Remove the door with window and replace it with a solid wood door with solid wood door with finish to match existing.

· Doors and frames shall meet or exceed the specifications as stated in notes on drawings and match existing doors and frames with sidelights.

· Contractor shall provide drawings for all renovations for room 133 in AutoCAD format.

4. PERIOD OF PERFORMANCE:

Work must be completed in conjunction with the Mission Schedule without interruption of or interference with the function of the military personnel unless prescheduled prior to start of work. All work shall be completed in 59 days from NTP.

5. MATERIALS: All materials shall be submitted with DOD form 3000 prior to using for approval by Engineer in charge with Spec data sheets and color charts for each product used. If specified contractor shall match the existing materials in building 703.

6. GENERAL CONDITIONS:

Contractor and all personnel shall comply with the OSHA, NEC, NFPA, and New York State Building Standards. Contractor shall protect all government property (Personnel, Buildings, Foliage, Grounds) while work is in progress. Contractor shall work with the time line of EADS.

7. GOVERNMENT WORKING HOURS:

Work hours shall be Monday thru Friday 0700-1530 hours, with the exception of Federal holidays. Contractor must have prior approval in writing to work outside these guidelines.

8. UTILITIES:

The Government shall provide at no cost to the Contractor reasonable amounts of water and electricity to support the contract. Hook up will be to existing outlets and will be the contractor’s responsibility.

9. DISPOSAL OF MATERIALS AND CLEANUP:

The contractor shall dispose of all debris associated with this job off base and provide valid documentation of disposal. Contractor shall clean up after each work period and dispose of all debris at the close of each day.

· Contractor shall verify all site conditions, quantities, measurements, and project requirements before bidding or ordering materials.

· Contractor shall protect and barricade all work areas at all times to protect workers and the public from injury.

· Contractor shall protect all structures, utilities, vegetation, sidewalks and vehicles from damage at all times. Replace all damaged materials with new materials to the satisfaction of the Government, at no additional cost to the Government.

10. SECURITY:

· EADS Security Forces shall monitor the incoming and outgoing of work personnel during the duration of the project. All deliveries shall be coordinated with the Engineer to arrange for their entrance into the compound.

· The contractor shall submit a list of all personnel names, copy of valid driver’s license within one week after award of contract. Any personnel that will work onsite shall be vetted through EADS security. No one will work on site until a background check is completed and personnel cleared. If at any time the contractor submits additional names for clearance, EADS security will require at least 48 hours’ notice to clear individual.

· All Contractor personnel shall have a minimum of one (1) Form of Photo Identification with them at all times.

11. ESCORTS:

The work area (B-703) is located in a high security compound. A security briefing will be conducted prior to the start of the contract.

12. SITE VISIT:

One (1) site visit will be scheduled with date and time determined when solicitation issued. Contractors will meet at EADS Building 703, 366 Otis St., Griffiss Business and Technology Park, Rome, New York 13441-4805. Call Mrs. Christine Proper, (315) 334-6781, if you plan to attend site visit.

13. POINT OF CONTACT:

Mr. Daniel Melie, Chief, Engineering Services (315) 334-6142.

Mr. Gregory Hatzinger, CCE (315) 334-6731

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

366 OTIS ST

BLDG 703

ROME NY 13441

F9GGGA

Section G - Contract Administration Data

Section H - Special Contract Requirements

WAGE DECISION

General Decision Number: NY160013 04/01/2016 NY13

Superseded General Decision Number: NY20150013

State: New York

Construction Type: Building

County: Oneida County in New York.

BUILDING CONSTRUCTION PROJECTS (excluding single family homes and apartment up to and including 4 stories)

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/08/2016 1 01/15/2016 2 03/11/2016 3 04/01/2016

BRNY0002-005 07/01/2015

UTICA CHAPTER

Rates Fringes

BRICKLAYER

BRICKLAYERS, STONE MASONS,

CEMENT MASONS, PLASTERERS,

POINTERS, CLEANERS &

CAULKERS....................$ 31.90 17.82

Marble, Tile & Terrazzo Finisher.........................$ 24.43 16.23 Marble, Tile & Terrazzo Workers..........................$ 28.78 16.63

CARP0277-005 07/01/2014

Rates Fringes

CARPENTER

BUILDING CONSTRUCTION

Carpenters, Millwrights....$ 25.10 15.79 Piledriver.................$ 25.10 15.79

HEAVY & HIGHWAY

CONSTRUCTION................$ 28.40 18.29

ELEC0043-001 06/01/2015

Rates Fringes

CABLE SPLICER....................$ 36.00 22.27

ELECTRICIAN......................$ 35.00 22.27

ELEV0035-002 01/01/2016

Rates Fringes

Elevator Constructor.............$ 42.33 29.985+a+b

FOOTNOTE:

a.Vacation: 6%/under 5 years based on regular hourly rate for all hours worked. 8%/over 5 years based on regular hourly rate for all hours worked.

b. PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Veterans' Day; Thanksgiving Day; the Friday after Thanksgiving Day; and Christmas Day.

ENGI0545-006 07/01/2015

Rates Fringes

Power Equipment Operator Backhoe, Bulldozer, Forklift....................$ 33.85 23.30+a Crane, Loader, Roller.......$ 31.91 23.30+a

FOOTNOTE:

a. PAID HOLIDAYS: New Year's day, Memorial day, Independence Day, Labor day, Thanksgiving Day and Christmas Day, provided the employee has worked five consecutive working days before the holiday and the working day after the holiday

CRANE PREMIUMS (ADD TO GROUP 1 RATE):

Boom length incl. jib over 150 plus $1.75 Boom length incl. jib over 200 ft plus $2.75 Boom length incl. jib over 300 ft plus $3.75

IRON0440-001 05/01/2015

REMANINDER OF COUNTY

Rates Fringes

Ironworkers:

Structural, Ornamental, Rodman, Machinery Mover, Rigger, Fence Erector, Reinforcement, and Stone Derrickman..................$ 25.95 24.24

LABO0035-003 07/01/2013

BUILDING CONSTRUCTION

Rates Fringes

Laborers:

Asbestos Removal............$ 22.00 16.29 Blasters, Form Setters, Motor-Buggy Operator (Ryder Type)................$ 21.00 16.29 Hazardous Waste Removal (Hazardous waste removal includes, wetting, stripping, removal, scrapping, vaccuming, bagging and disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems)........$ 22.00 16.29 Laborers....................$ 20.50 16.29 Pipelayers, Motor Mixers, Motor Buggy Operator (Walk Behind), Power Lift (Walk Behind) Wagon Drill Operator....................$ 20.65 16.29 Wagon Drill Operator........$ 20.90 16.29

PAIN0004-021 05/01/2015

Rates Fringes

Painters:

Brush & Roller, Drywall Taping/Finishing............$ 23.00 18.94 Spray/Sandblasting/Structural Steel.......................$ 23.50 18.94

PAIN0677-002 05/01/2015

Rates Fringes

GLAZIER..........................$ 23.85 15.99

PLUM0112-005 05/01/2015

Rates Fringes

PLUMBER (Including Steamfitting) Northern Zone...............$ 33.50 24.10

ROOF0195-001 06/01/2015

Rates Fringes

ROOFER...........................$ 26.23 18.62

* SFNY0669-001 01/01/2016

Rates Fringes

SPRINKLER FITTER.................$ 31.66 21.42

SHEE0058-001 05/01/2012

Rates Fringes

Sheet Metal Worker Projects 10 million or less.$ 26.94 17.19 Projects over $10 million...$ 27.94 17.19

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

INSURANCE REQUIREMENTS

INSURANCE REQUIREMENTS

Insurance – Minimum Amounts

1. Reference contract Clause entitled “Insurance – Work On a Government Installation (FAR 52.228-5)

1. Kinds and minimum amounts are as follows:

KIND AMOUNT (FAR 28.307)

Workmen’s Compensation $100,000 (1)

Comprehensive General Liability $500,000 per occurrence for bodily injury

Comprehensive Automotive Liability $200,000 per person & $500,000 per accident for bodily injury and $20,000 for property damage

Aircraft Public and Passenger Liability $200,000 per person & $500,000 per occurrence for bodily injury, other than passenger liability, & $200,000 per occurrence for property damage, coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater. (applies only when aircraft are used in connection with performing the contract) Note:

1. Except in States with exclusive or monopolistic funds that do not permit worker’s compensation to be written by private carriers.

NOTE: Before commencing work under this contract, the contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed prescribe or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever is longer. Subcontractors are required to provide and maintain the insurance required in this schedule. A current certificate of insurance is required for each subcontractor.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 59 Calendar days. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 236220 assigned to contract number W912PQ-16-C-XXXX (will be completed upon award).

(Contractor to sign and date and insert authorized signer's name and title).

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

(a) "Hazardous material", as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material Identification No.

(If none, insert "None")

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to--

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

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 a 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.

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.

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

(b) Domestic preference.

(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)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) 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 requirements of the Buy American Act 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 Act 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 Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) 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)(3)(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... ....... ___ .................. ............. ___ ................. ....... ___ 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.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

(a) The Contractor shall submit one of the following payment protections:

1. Payment Bond

2. An irrevocable letter of credit (ILC).

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

(a) “Irrevocable letter of credit” (ILC), as used in this clause, means a written commitment by a federally insured financial institution to pay all or part of a stated amount of money, until the expiration date of the letter, upon presentation by the Government (the beneficiary) of a written demand therefor. Neither the financial institution nor the offeror/Contractor can revoke or condition the letter of credit.

(b) If the offeror intends to use an ILC in lieu of a bid bond, or to secure other types of bonds such as performance and payment bonds, the letter of credit and letter of confirmation formats in paragraphs (e) and (f) of this clause shall be used.

(c) The letter of credit shall be irrevocable, shall require presentation of no document other than a written demand and the ILC (including confirming letter, if any), shall be issued/confirmed by an acceptable federally insured financial institution as provided in paragraph (d) of this clause, and--

(1) If used as a bid guarantee, the ILC shall expire no earlier than 60 days after the close of the bid acceptance period;

(2) If used as an alternative to corporate or individual sureties as security for a performance or payment bond, the offeror/Contractor may submit an ILC with an initial expiration date estimated to cover the entire period for which financial security is required or may submit an ILC with an initial expiration date that is a minimum period of one year from the date of issuance. The ILC shall provide that, unless the issuer provides the beneficiary written notice of non-renewal at least 60 days in advance of the current expiration date, the ILC is automatically extended without amendment for one year from the expiration date, or any future expiration date, until the period of required coverage is completed and the Contracting Officer provides the financial institution with a written statement waiving the right to payment. The period of required coverage shall be:

(i) For contracts subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of--

(A) One year following the expected date of final payment;

(B) For performance bonds only, until completion of any warranty period; or

(C) For payment bonds only, until resolution of all claims filed against the payment bond during the one-year period following final payment.

(ii) For contracts not subject to the Miller Act, the later of--

(A) 90 days following final payment; or

(B) For performance bonds only, until completion of any warranty period.

(d)(1) Only federally insured financial institutions rated investment grade by a commercial rating service shall issue or confirm the ILC.

(2) Unless the financial institution issuing the ILC had letter of credit business of at least $25 million in the past year, ILCs over $5 million must be confirmed by another acceptable financial institution that had letter of credit business of at least $25 million in the past year.

(3) The Offeror/Contractor shall provide the Contracting Officer a credit rating that indicates the financial institutions have the required credit rating as of the date of issuance of the ILC.

(4) The current rating for a financial institution is available through any of the following rating services registered with the U.S. Securities and Exchange Commission (SEC) as a Nationally Recognized Statistical Rating Organization (NRSRO). NRSRO's can be located at the Web site http://www.sec.gov/answers/nrsro.htm maintained by the SEC.

(e) The following format shall be used by the issuing financial institution to create an ILC:

[Issuing Financial Institution's Letterhead or Name and Address]

Issue Date _ ___

IRREVOCABLE LETTER OF CREDIT NO. ___

Account party's name ___ _

Account party's address ___ _

For Solicitation No. ___ _(for reference only)

TO: [ ___ U.S. Government agency]

[ ___ U.S. Government agency's address]

1. We hereby establish this irrevocable and transferable Letter of Credit in your favor for one or more drawings up to United States $ ___ . This Letter of Credit is payable at [issuing financial institution's and, if any, confirming financial institution's] office at [ ___ issuing financial institution's address and, if any, confirming financial institution's address] and expires with our close of business on ___ , or any automatically extended expiration date.

2. We hereby undertake to honor your or the transferee's sight draft(s) drawn on the issuing or, if any, the confirming financial institution, for all or any part of this credit if presented with this Letter of Credit and confirmation, if any, at the office specified in paragraph 1 of this Letter of Credit on or before the expiration date or any automatically extended expiration date.

3. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this Letter of Credit that it is deemed to be automatically extended without amendment for one year from the expiration date hereof, or any future expiration date, unless at least 60 days prior to any expiration date, we notify you or the transferee by registered mail, or other receipted means of delivery, that we elect not to consider this Letter of Credit renewed for any such additional period. At the time we notify you, we also agree to notify the account party (and confirming financial institution, if any) by the same means of delivery.

4. This Letter of Credit is transferable. Transfers and assignments of proceeds are to be effected without charge to either the beneficiary or the transferee/assignee of proceeds. Such transfer or assignment shall be only at the written direction of the Government (the beneficiary) in a form satisfactory to the issuing financial institution and the confirming financial institution, if any.

5. This Letter of Credit is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No.