SHRINK WRAP ROOF REPAIR
COMBINED SYNOPSIS/SOLICITATION W912EQ-22-Q-0001 Shrink Wrap Roof Repair This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 – Strea... COMBINED SYNOPSIS/SOLICITATION W912EQ-22-Q-0001 Shrink Wrap Roof Repair This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a separate written solicitation document will not be issued. This solicitation is being issued under the authority of FAR Part 13 Simplified Acquisition Procedures. The solicitation number is W912EQ-22-Q-0001 and is being issued as a Request for Quotations (RFQ). This procurement is a 100% Small Business Set-Aside and only qualified offerors may submit a quote. The associated North American Industrial Classification System (NAICS) code for this procurement is 238160 with a small business size standard of $16.5M. It is the offeror’s responsibility to ensure receipt of quotes by the time and date stated herein. Please see the attached Scope of Work for a more detailed description. Magnitude of Work: Between $100,000 and $200,000 Contract Duration: Ten (10) Calendar Days Response to this combined synopsis/solicitation must be received electronically by, 14 Oct 2021, no later than 11:00 AM (CST). Quotes subject matter should be marked with solicitation number W912EQ-22-Q-0001 and emailed to priscilla.g.sweeney@usace.army.mil, Phone (901)544-3117, email: gloria.claybon@usace.armymil Phone (901) 544-0787. System for Award Management Registration (SAM) database prior to award will not be eligible for award. Vendors may register for SAM by registering online at www.sam.gov or by calling 1-866-606-8220. In accordance with FAR 52.204-7, all vendors shall be registered in SAM prior to bid. Vendors must also be registered in Representations and Certifications Applications (included in SAM). Websites: www.sam.gov. North American Industry Classification System (NAICS) Code applicable (238160 listed above) to this acquisition must be in vendor's SAM registration. Note: Update SAM profile to include all applicable NAICS Codes associated with your company. Evaluation Criteria and Basis for Award: The Government intends to award a firm fixed price contract resulting from this solicitation to the responsible offeror(s) whose quotation, conforming to the solicitation, is the lowest price, technically acceptable quotation. Technically acceptable means that the Contractor provides a quotation that meets or exceeds the requirements within the Scope of Work. Price will be evaluated for all offerors whose quotations are determined technically acceptable. Price will be evaluated to determine that total price is a fair and reasonable overall price to the Government. The following documentation must be submitted with your quote for evaluation. 1. Bid schedule of prices. 2. Provide two examples of projects similar in nature to the work identified in the scope of work above your firm has performed in the past three years. Each example should include a detailed project description, location, the dollar value or the project, the beginning and end date of the project. 3. For the relevant example project requested in item 2, indicated whether your firm was the prime or sub-contractor. If the prime, indicated what percentage of work you performed. If the firm was subcontractor, identify your role in the contract and explain the relevancy of the role. Also, provide copies of performance rating for the project submitted and resume of key personnel. The following clauses and provisions are incorporated and will remain in full force in any resultant award. The full text of these clauses can be accessed electronically at website: http://www.farsite.hill.af.mil. FAR 52.202-1 Definitions FAR 52.203-3 Gratuities FAR 52.203-5 Covenant Against Contingent Fees FAR 52.203-6 Restrictions on Subcontractor Sales to The Government FAR 52.203-7 Anti-Kickback Procedures FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions FAR 52.203-13 Contractor Code of Business Ethics and Conduct FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement, To Inform Employees of Whistleblower Rights FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper FAR 52.204-9 Personal Identity Verification of Contractor Personnel FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards FAR 52.204-12 Unique Entity Identifier Maintenance FAR 52.204-13 System for Award Management Maintenance FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.204-19 Incorporation by Reference of Representations and Certifications FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment FAR 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations FAR 52.210-1 Market Research FAR 52.211-13 Time Extensions FAR 52.211-18 Variation in Estimated Quantity FAR 52.212-1 Instructions to Offerors—Commercial Items FAR 52.212-2 Evaluation – Commercial Items FAR 52.212-3 Offeror Representation and Certifications--Commercial Items (See Attachment) FAR 52.212-4 Contract Terms and Conditions—Commercial Items FAR 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders—Commercial Items FAR 52.219-8 Utilization of Small Business Concerns FAR 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2019-O0003) FAR 52.222-1 Notice to The Government of Labor Disputes FAR 52.222-3 Convict Labor FAR 52.222-4 Contract Work Hours and Safety Standards – Overtime Compensation FAR 52.222-6 Construction Wage Rate Requirements FAR 52.222-7 Withholding of Funds FAR 52.222-8 Payrolls and Basic Records FAR 52.222-9 Apprentices and Trainees FAR 52.222-10 Compliance with Copeland Act Requirements FAR 52.222-11 Subcontracts (Labor Standards) FAR 52.222-12 Contract Termination-Debarment FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations FAR 52.222-14 Disputes Concerning Labor Standards FAR 52.222-15 Certification of Eligibility FAR 52.222-21 Prohibition Of Segregated Facilities FAR 52.222-26 Equal Opportunity FAR 52.222-27 Affirmative Action Compliance Requirements for Construction FAR 52.222-35 Equal Opportunity for Veterans FAR 52.222-36 Equal Opportunity for Workers with Disabilities FAR 52.222-37 Employment Reports on Veterans FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act FAR 52.222-50 Combating Trafficking in Persons FAR 52.222-54 Employment Eligibility Verification FAR 52.223-6 Drug-Free Workplace FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving FAR 52.225-13 Restrictions on Certain Foreign Purchases FAR 52.227-1 Authorization and Consent FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement FAR 52.228-11 Pledges of Assets FAR 52.228-12 Prospective Subcontractor Requests for Bonds FAR 52.228-15 Performance and Payment Bonds—Construction FAR 52.227-4 Patent Indemnity-Construction Contracts FAR 52.228-2 Additional Bond Security FAR 52.229-3 Federal, State and Local Taxes FAR 52.232-5 Payments under Fixed-Price Construction Contracts FAR 52.232-17 Interest FAR 52.232-23 Assignment of Claims FAR 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I FAR 52.232-27 Prompt Payment for Construction Contracts FAR 52.232-33 Payment by Electronic Funds Transfer--System for Award Management FAR 52.232-39 Unenforceability of Unauthorized Obligations FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.233-1 Disputes FAR 52.233-1 Alt I Disputes (May 2014) - Alternate I FAR 52.233-3 Protest After Award FAR 52.233-4 Applicable Law for Breach of Contract Claim FAR 52.236-2 Differing Site Conditions FAR 52.236-3 Site Investigation and Conditions Affecting the Work FAR 52.236-5 Material and Workmanship FAR 52.236-6 Superintendence by the Contractor FAR 52.236-7 Permits and Responsibilities FAR 52.236-8 Other Contracts FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements FAR 52.236-10 Operations and Storage Areas FAR 52.236-11 Use and Possession Prior to Completion FAR 52.236-12 Cleaning Up FAR 52.236-13 Accident Prevention FAR 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I FAR 52.236-15 Schedules for Construction Contracts FAR 52.236-17 Layout of Work FAR 52.236-21 Specifications and Drawings for Construction FAR 52.236-26 Preconstruction Conference FAR 52.242-5 Payments to Small Business Subcontractors FAR 52.242-13 Bankruptcy FAR 52.242-14 Suspension of Work FAR 52.243-4 Changes FAR 52.245-1 Government Property FAR 52.245-9 Use and Charges FAR 52.246-12 Inspection of Construction FAR 52.246-21 Warranty of Construction FAR 52.249-2 Termination For Convenience Of The Government (Fixed-Price) FAR 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price) - Alternate I FAR 52.249-10 Default (Fixed-Price Construction) FAR 52.249-10 Alt II Default (Fixed-Price Construction) Alternate II FAR 52.253-1 Computer Generated Forms The following DFARS Clauses and provisions are incorporated and will remain in full force in any resultant award. The full text of these clauses and provisions can be accessed electronically at website, http://www.farsite.hill.af.mil DFARS 252.201-7000 Contracting Officer's Representative DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DFARS 252.203-7003 Agency Office of the Inspector General DFARS 252.203-7004 Display of Hotline Posters DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials DFARS 252.204-7000 Disclosure of Information DFARS 252.204-7003 Control of Government Personnel Work Product DFARS 252.204-7004 System for Award Management, Alternate A DFARS 252.204-7007 Alternate A, Annual Representations and Certifications DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls DFARS 252.204-7011 Alternative Line-Item Structure DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DFARS 252.204-7015 Disclosure of Information to Litigation Support Contractors DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services DFARS 252.209-7004 Subcontracting with Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism DFARS 252.211-7003 Identification and Valuation DFARS 252.211-7007 Reporting of Government-Furnished Property DFARS 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System – Statistical Reporting in Past Performance Evaluations. DFARS 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DFARS 252.223-7004 Drug Free Work Force DFARS 252.223-7008 Prohibition of Hexavalent Chromium DFARS 252.225-7001 Buy American and Balance of Payments Program DFARS 252.225-7002 Qualifying Country Sources as Subcontractors DFARS 252.225-7012 Preference for Certain Domestic Commodities DFARS 252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns DFARS 252.225-7048 Export-Controlled Items DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7005 Reimbursement of Subcontractor Advance Payments—DOD Pilot Mentor--Protege Program DFARS 252.232-7010 Levies on Contract Payments DFARS 252.236-7000 Modification Proposals-Price Breakdown DFARS 252.236-7008 Contract Prices-Bidding Schedules DFARS 252.243-7001 Pricing of Contract Modifications DFARS 252.243-7002 Requests for Equitable Adjustment DFARS 252.244-7000 Subcontracts for Commercial Items DFARS 252.245-7003 Contractor Property Management System Administration DFARS 252.245-7004 Reporting, Reutilization, and Disposal DFARS 252.247-7023 Transportation of Supplies by Sea The following are applicable from 52.212-5: FAR 52.219-6 Notice of Total Small Business Set-Aside FAR 52.219-28 Post Award Small Business Program Representation FAR 52.219-13 Notice of Set-Aside of Orders FAR 52.222-3 Convict Labor FAR 52.222-19 Child Labor—Cooperation with Authorities and Remedies FAR 52.222-21 Prohibition of Segregated Facilities FAR 52.222-26 Equal Opportunity FAR 52.222-36 Equal Opportunity for Workers with Disabilities FAR 52.222-50, Combating Trafficking in Persons FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving FAR 52.225-13 Restrictions on Certain Foreign Purchases FAR 52.225-18 Place of Manufacture FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (SAM) FAR 52.223-5 Pollution Prevention and Right-to-Know Information FAR 52.223-15 Energy Efficiency in Energy Consuming Products FAR 52.232-39 Unenforceability of Unauthorized Obligations FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.246-1 Contractor Inspection Requirements FAR 52.252-2 Clauses to Incorporate by Reference CLAUSES INCORPORATED BY FULL TEXT 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within one (1) day of the expiration of the base period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least one (1) day before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 30 days from the contract award date. (End of clause.) 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014) (a) Definitions. As used in this clause-- 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: NONE. (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. (End of clause.) 52.225-11 BUY AMERICAN--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT 2019) (a) Definitions. As used in this clause-- Caribbean Basin country construction material means a construction material that-- (1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed. Commercially available off-the-shelf (COTS) item— (1) Means any item of supply (including construction material) that is-- (i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4) such as agricultural products and petroleum products. Component means an article, material, or supply incorporated directly into a construction material. Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material. Cost of components means— (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material. Designated country means any of the following countries: (1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom); (2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore); (3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or (4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago). Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material. Domestic construction material means-- (1) An unmanufactured construction material mined or produced in the United States; (2) A construction material manufactured in the United States, if-- (i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or (ii) The construction material is a COTS item. Foreign construction material means a construction material other than a domestic construction material. Least developed country construction material means a construction material that-- (1) Is wholly the growth, product, or manufacture of a least developed country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed. “Free Trade Agreement country construction material” means a construction material that— (1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed. “Least developed country construction material” means a construction material that— (1) Is wholly the growth, product, or manufacture of a least developed country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed. United States means the 50 States, the District of Columbia, and outlying areas. WTO GPA country construction material means a construction material that— (1) Is wholly the growth, product, or manufacture of a WTO GPA country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed. (b) Construction materials. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials. (2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause. (3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: [Contracting Officer to list applicable excepted materials or indicate ``none''] (4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that— (i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent; (ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or (iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. (c) Request for determination of inapplicability of the Buy American statute. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including-- (A) A description of the foreign and domestic construction materials; (B) Unit of measure; (C) Quantity; (D) Price; (E) Time of delivery or availability; (F) Location of the construction project; (G) Name and...
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