MOD | Y | Gym Addition | 22-Nov-09

FBO DAILY ISSUE OF NOVEMBER 22, 2009 FBO #2920
MODIFICATION

Y -- Gym Addition

Notice Date: 11/20/2009
Notice Type: Modification/Amendment
NAICS: 236220 — Commercial and Institutional Building Construction
Contracting Office: Department of Labor, Employment Training Administration, Muhlenberg Career Dev. Center, 3875 State Route, Highway, 181 North, Greenville, Kentucky, 42345
ZIP Code: 42345
Solicitation Number: ARRA-04
Archive Date: 1/20/2010
Point of Contact: James R. Hill, Phone: 270-377-3253, Glen Embry, Phone: 270-377-3255
E-Mail Address: hill.ralph@jobcorps.org, embry.glen@jobcorps.org
(hill.ralph@jobcorps.org, embry.glen@jobcorps.org)
Small Business Set-Aside: N/A
Description: DATE: 11-13-09 DESIGN-BUILD SCOPE OF WORK FOR MISCELLANEOUS RENOVATIONS GYMNASIUM/RECREATION BUILDING ARRA PROJECT #4 AT THE MUHLENBERG JOB CORPS CENTER GREENVILLE KY U.S. DEPARTMENT OF LABOR EMPLOYMENT AND TRAINING ADMINISTRATION PREPARED BY: Muhlenberg Job Corps Center ARRA PROJECT NO. 4 November 9, 2009 D/BSOW There will be a mandatory pre-bid walkthrough on 12-1-09 at 1:00 pm Central time and the last day questions can be submitted to the Center is 12-11-09. TABLE OF CONTENTS I. GENERAL.. 4 II. DESIGN REQUIREMENTS/SPECIFIC INSTRUCTIONS. 4 A. LEGALLY MANDATED STANDARDS. 4 1. Code of Federal Regulations. 4 2. National and State Building Codes. 5 3. Permits and Licenses. 5 B. JOB CORPS GUIDELINES. 6 1. J CH-814: Planning, Design, and Construction Administration Guidelines for Architects and Engineers. 6 2. Design Guide for Prototype Buildings -- Cafeteria.. 6 C. OTHER STANDARDS. 6 1. Life Cycle Cost (LCC) Analyses. 6 2. Energy Conservation. 6 3. Environmentally Preferable Products. 6 4. Asbestos-Containing Materials and PCB Fluorescent Light Ballasts. 7 D. SPECIFIC INSTRUCTIONS. 8 1. Job Corps Center Operation. 8 2. A/E Responsibilities. 8 3. Pre-Construction Meeting. 9 4. Submittal Requirements. 9 5. Design Within Budget 10 6. Building Design. 11 7. Equipment 11 8. Not Used. 11 9. Design Meetings. 11 10. Contract Administration. 11 11. Site Visits - Construction Observation. 11 12. Contract Document Reproduction. 11 13. Availability of Existing Documents. 12 III. "DESIGN-TO" CONSTRUCTION BUDGET.. 12 IV. EXTENT OF WORK.. 12 A. SITE IMPROVEMENTS AND UTILITIES. 12 1. Design Objectives. 12 2. Site Improvements. 12 3. Site Utilities. 12 B. GENERAL BUILDING DESIGN REQUIREMENTS. 12 1. Architectural 12 2. Structural 14 3. Mechanical/Plumbing. 14 4. Electrical 16 C. FUNCTIONAL BUILDING DESIGN REQUIREMENTS. 17 1. General 18 2. Programmatic Requirements. 18 V. SCHEDULE.. 19 VI. SKETCHES. 19 A..VICINITY MAP. 20 B. EXISTING SITE PLAN........................................................................21 C. 1409 CLASSROOM RENOVATION PLAN................................................22 D. LOCATION MAP...............................................................................23 VII. ATTACHMENT I 20 4 Quick Reference Checklist............................................................. 25 thru 28 DESIGN/BUILD SCOPE OF WORK MISCELLANEOUS RENOVATIONS BUILDING 1411 MUHLENBERG JOB CORPS CENTER GREENVILLE, KY • GENERAL The work includes Design/Build services for the renovation design, construction, and construction administration of the work in Building 1411 at the Muhlenberg Job Corps Center. The extent of work is described in Part IV of this Scope of Work. The contractor's AE will emphasize the full extent of responsibility that the General Contractor has in ensuring the security of operations and storage areas to preclude all breaches of security including, but not limited to vandalism and/or theft that can impact the timely and successful completion of the work. Attachment 1, Design/Build Quick Reference Checklist, is a required form that identifies a simplified but not all inclusive list of issues that the Contractor needs to address as due diligence items during the preparation of bid documents. The JCH-814 paragraphs shown provide an initial design reference; however, reference to other sources may be required to fully address the issue. NOTE: When references are made to the AE, it is understood that this refers to the Design/Build Contractor's AE • DESIGN REQUIREMENTS/SPECIFIC INSTRUCTIONS • LEGALLY MANDATED STANDARDS The Contractor's Architect/Engineer will conform to: • Code of Federal Regulations <h4> • Safety and Health.................................... OSHA CFR Part 1926.62</h4> Because the work may disturb painted wall surfaces, the Contractor shall provide the services of an independent industrial hygiene consultant to conduct representative paint sampling as necessary (in buildings erected before 1979) to determine the lead content of painted surfaces affected by the renovation. If lead paint is identified on surfaces to be disturbed by renovation activities, the Contractor shall include the following information in the specifications: •· The locations and concentrations of lead-containing paint in areas affected by the renovation; •· A requirement of the contractor to comply with the OSHA Lead Standard for Construction Industry (29 CFR 1926.62), and other environmental or occupational safety and health regulations as applicable. •· A statement prohibiting scraping or sanding of lead painted surfaces. Where removal or demolition of lead painted building components is required, these building components shall be removed intact wherever possible. •· A requirement that all construction debris shall be disposed of in accordance with applicable solid and hazardous waste regulations. It is anticipated that lead-painted building components will be disposed as normal construction debris. <h4> • Historic Preservation...........................................36 CFR Part 800</h4> Not Used <h4> • Contractor's A/E Design Requirements........................48 CFR Part 36</h4> <h4> • Disability/Accessibility........................................... 28 CFR Part 36</h4> <h4> • Life Safety Code...................................................... NFPA - 101</h4> • National and State Building Codes The Contractor shall conform to all applicable construction codes, ordinances, and regulations including the national building code used in the local area, laws and local ordinances. Deviations and interpretations shall be subject to the approval of the Department of Labor. • Permits and Licenses The Contractor's A/E shall research all regulatory, permitting and licensing requirements in accordance with JCH-814 section 1.5. • JOB CORPS GUIDELINES • Job Corps publication JCH-814, "Planning, Design, and Construction Administration Guidelines for Architects and Engineers," is a companion document to this Scope of Work. It presents the Contractor's A/E additional design criteria not specifically stated in the Scope of Work. Where conflicts occur between the requirements of the Scope of Work and JCH‑814, the requirements of the Scope of Work shall take precedence.. • OTHER STANDARDS • Life Cycle Cost (LCC) Analyses Not Used • Energy Conservation It is the Department of Labor's policy to purchase energy and water consuming products which are in the upper 25% of energy and water efficiency whenever practicable and cost effective. All work must be designed to meet or exceed the requirements of the Energy Policy Act of 2007, Executive Order 13423, and all other applicable federal, state, and local codes and directives. Building annual energy consumption calculations, methods and presentation shall conform to nationally recognized standards such as found in ASHRAE Handbooks. A calculation summary statement of the estimated annual energy consumption, expressed in BTU/GSF/YR shall be submitted with the Interim Progress and Construction Ready submittals for the building. Building energy shall include lighting, all HVAC energy including heating, cooling, and ventilating loads, fans and pump motors energy, and domestic hot water supply energy. The Contractor shall evaluate options for the use of energy and water conservation measures in building design and shall include a description of recommended options in the DESIGN NARRATIVE (see JCH 814 for requirements). • Environmentally Preferable Products The Contractor shall evaluate options for the use of environmentally preferable products and environmentally preferable building design and shall include a description of recommended options in the DESIGN NARRATIVE (see JCH 814 for requirements). • A sbestos-Containing Materials and PCB Fluorescent Light Ballasts The Owner does not anticipate any asbestos containing materials present in this project. Should any asbestos materials be identified, the Center will reserve the option to remediate the material or have the contractor remove Asbestos containing materials as necessary to complete the rehabilitation work as follows. Friable ACM shall be abated prior to building demolition. Non-friable ACM shall be abated prior to building demolition only as necessary to comply with the EPA National Emissions Standard for Hazardous Air Pollutants (NESHAP) (40 CFR 61 Subpart M), and applicable State and Local regulations. <h4> • Conduct a field investigation to identify ACM affected by the rehabilitation activities. It is not intended that the ACM previously identified will be retested. However, suspect ACM not previously identified should be sampled to determine asbestos-content.</h4> <h4> • Conduct a field investigation for PCB fluorescent light ballasts. The consultant shall not sample dielectric fluid from ballasts but shall rely on labeling to determine PCB status. Unlabeled ballasts shall be assumed to be PCB-containing. Note leaking PCB ballasts for special removal and disposal per 40 CFR 761.</h4> <h4> • Provide asbestos abatement and PCB fluorescent light ballasts removal and disposal contract documents, including a written Scope of work, specifications, drawings as required, cost estimates, and written procedures for conducting the abatement work in compliance with all laws and regulations.</h4> <h4> • Conduct on-site project monitoring and air-monitoring services during asbestos abatement including laboratory services as needed:</h4> •· Baseline air sampling (prior to abatement) with Phase Contrast Microscopy (PCM) laboratory analyses. •· In-progress air monitoring and sampling with PCM laboratory analyses. •· Reviewing contractor qualifications, submittals, equipment and procedures to ensure compliance with all applicable Federal, State, and Local requirements. •· Final visual clearance inspections and final clearance air sampling using aggressive air sampling techniques. Sampling shall be conducted in compliance with all applicable Federal, State, and Local requirements. Note: The contract documents shall clearly state that the contractor will pay for all costs for additional sampling and analyses resulting from improper execution of the asbestos removal or final clean up. •· Submit a final abatement report certifying that asbestos abatement work has been completed in accordance with all applicable Federal, State, and Local regulations. • SPECIFIC INSTRUCTIONS • Job Corps Center Operation The center shall remain in operation throughout the Construction Phase. The A/E shall, as part of this contract, coordinate with the center and evolve a set of construction documents that will minimize disruption of center operations during construction. Should phasing of the construction work be required to allow the center to operate in a normal fashion during construction, Phased Bid Documents shall be provided as part of this contract. • Contractor Responsibilities An acceptable quality design must provide appropriate functional facilities at the lowest practical construction cost, with due consideration for economy in maintenance and operation. The specified construction materials must be of quality that is consistent with the intended use of the facility, the center, and reflect local availability and construction skills. Although this Scope of Work may identify specific elements of construction, it is the Contractor's responsibility to provide any and all elements which are incidental to provide a fully functional facility. • Pre-Construction Meeting A pre-proposal meeting with the selected Design/Build Contractor and his AE will be held at the Muhlenberg Job Corps Center. Participants will include representatives from the Department of Labor and its Engineering Support Contractor (ESC). This meeting is intended to familiarize the Contractor with the objectives of the project, the programmatic requirements and other inputs and constraints stemming from center operations. The Contractor's responsibility and lines of communication will also be discussed. Project data, budget, schedule, etc., will be further defined or clarified, if necessary. The Contractor shall utilize this opportunity to gather as much data as it deems necessary to aid in the preparation of a fee proposal to DOL in order to design the buildings. Negotiations will be held for the entire contract (design, construction, and construction administration). • Submittal Requirements <h4> • Typical Submissions; percentages are approximate fraction of completed construction documents.</h4> Minor Renovation SD Interim Progress 35% Construction Ready Documents 100% <h4> • All submittals shall be in accordance with Section 7.5, JCH-814.</h4> <h4> • This project will require the following submittals:</h4> <h5> •(1) The Contractor's AE shall provide an interim Progress Document (35%) submission and a presentation within 4 weeks of receipt of the Notice to Proceed (NTP). The presentation is to be held at the Center or at a location to be specified by the Project Manager.</h5> <h5> •(2) The Contractor's A/E shall provide a Construction Ready Document Submittal based on the schedule.</h5> <h4> • Submittals For Review </h4> •· Before the Interim Progress Presentation (35%) The A/E shall submit five (5) sets of drawings and specifications, design calculations, and cost estimates (CSI format) to the Department of Labor for review two weeks prior to the scheduled presentation date. •· For the remaining submissions the A/E shall submit five (5) sets of drawings and specifications, as well as three (3) sets of design calculations, and three (3) sets of cost estimates at the Construction Ready stages to the Department of Labor for review. One (1) set of drawings at the 50% or 60% stage shall be submitted to the Job Corps Data Center. In addition, one (1) set of drawings and specifications shall be mailed directly by the Contractor to the Muhlenberg Job Corps Center at each submission stage. •· Each submittal shall be incorporated into an "AutoCAD (version 14 or later)" compatible electronic "CD" and be delivered to DOL by the Contractor in addition to the drawing/specification sets required. Complete specifications shall also be furnished on electronic "CD" media that is "Word" (Microsoft Office) compatible. •· The levels of detail required for each stage of the submittals are outlined in Section 7.5, JCH. •· The Contractor is required to maintain the design schedule per the contract, and must indicate to the Department of Labor ways and means to recover lost time due to delays. No additional time will be given to the Contractor unless it is determined by DOL that the delay is legitimate and unavoidable and that the Contractor has prudently exercised all options within its authority and ability to avert such delays. <h4> • Not Used</h4> • Design Within Budget n/a • Building Design <h4> • The Contractor must be familiar with State of Kentucky and local construction methods and building materials, and shall provide a design that exemplifies the optimum balance of economy, aesthetics, safety, ease of maintenance and speed of construction.</h4> <h4> • Not Used</h4> • Equipment The Contractor shall clearly differentiate equipment that is a part of the general contractor's responsibility from equipment that is the Government's responsibility. In general, only "fixed" equipment will be part of the contract. DOL will provide the "movable" equipment. The responsibility for the procurement of equipment is discussed in the individual section for each building type in Chapter 4 of JCH 814. • Not Used • Design Meetings In addition to those meetings noted above the Contractor's A/E should plan for a total of five meeting days with the Center, DOL and/or its representatives during the course of the design phase of the work. These meetings will be held either in the A/E's offices or at the site. The A/Es labor and travel cost for these meetings shall be included as part of this Scope of Work. • Contract Administration The Contractor's A/E contract administration services shall include all duties and responsibilities as outlined in Chapter 8 of JCH 814. • Site Visits - Construction Observation The number and type of site visits and the disciplines required will be negotiated. • Contract Document Reproduction Ten (10) sets of the specifications and drawings, sealed and dated by the appropriate professionals, shall be reproduced for Construction. Two (2) sets of the construction ready documents shall be sent to the ESC. • Availability of Existing Documents Site verification of the existing conditions is required. Existing Construction Documents are available. The Contractor's A/E will be responsible for verification of all the dimensions and existing system types and conditions. • BUDGET RANGE The budget range for the Design and Construction is as follows: N/A • EXTENT OF WORK • SITE IMPROVEMENTS AND UTILITIES • Design Objectives Contractor must coordinate utilities and any connections to the new work. • Site Improvements Not Used • Site Utilities Not Used • GENERAL BUILDING DESIGN REQUIREMENTS • Architectural Addition and Renovations are to include; The addition and renovation of this building shall accommodate the needs of the Recreation space to comply with the current space requirements for Job Corps Programs, and will follow the layout in Attachment E of this SOW. The buildings will require a 1,800 square foot addition and demolition with new interior partitions and HVAC upgrades. Most of the existing rooms are affected because the existing rooms must be reduced and re-configured to support Recreation space essential to support a center population of 405 students. Additional square footage will be added. <h4> • Provide construction documents for the architectural and MEP portion of the work consisting of, but not limited to, drawings and specifications related to the renovation of the existing exterior of the building as required and conversion into recreation functions. Design the upgrade of the existing heating system and new electrical work as required.</h4> <h4> • Design renovations to Building 1411, which currently houses the Gymnasium that includes; Barber Shop, Weight Room, Restroom which are being closed during the renovations The Contractor and AE will meet with the Center and the ESC to determine the renovations necessary to convert the building to required recreational space.</h4> <h4> • Finish hardware shall be heavy duty, handicapped accessible and shall include, but not be limited to, the following:</h4> •· A grand master keying system which is compatible with the center's system. •· Locksets for all exterior entry/exit doors, offices, storage rooms, mechanical and electrical rooms. •· Privacy latch sets for all staff toilet rooms. •· Door closers for all exterior entry/exit doors; surface-mounted emergency exit devices for all exterior entry/exit doors. •· Door closers for all fire rated door assemblies. •· Proper weather-stripping for all exterior doors. •· Kick plates for all exterior entry/exit doors. <h4> • Not Used</h4> <h4> • Provide easy access to all mechanical units and electrical panels for maintenance.</h4> <h4> • Provide proper fire protection construction at the penetration of the existing egress corridor walls, as required by code.</h4> <h4> • Provide code required means of egress for the corridor system in the building.</h4> <h4> • If existing ducts are to be reused, clean and repaint.</h4> <h4> • Repair and/or replace all new and/or existing finishes damaged by the work.</h4> <h4> • The new ceiling system, must match the ceilings in the new classrooms on center. </h4> <h4> • The finish flooring shall be vinyl composition tile, and match the new classrooms on center.</h4> <h4> • Replace the existing windows with new windows. All window fenestration shall be vinyl with a double hung operable sash, be an AAMA approved commercial grade high performance, double-glazed, insulating, vinyl frame windows with thermal break frames and insect screens.</h4> <h4> • All interior doors shall be of solid-core wood (fire-rated if required by code) with standard metal frames. All exterior doors shall be hollow metal with panic hardware, proper weather stripping and insulation. All exterior doors and frames shall match the existing doors and frames. </h4> <h4> • All interior partitions shall be of non-combustible construction. Partitions shall provide proper and adequate sound attenuation.</h4> <h4> • Interior vision panels, where applicable, shall be of tempered glass set in hollow metal frames, and match the new classrooms on center. </h4> <h4> • Provide appropriate interior signage, similar to the dorms on center.</h4> <h4> • Provide proper fire protection construction at the penetration of the existing egress corridor walls, as required by code.</h4> • Structural <h4> • Assure that no existing structural walls are designed to be replaced</h4> b. All structural designs shall be sealed and stamped by a Kentucky registered Structural Engineer • Mechanical/Plumbing <h4> • HVAC Description and General Intent </h4> The Gymnasium Building - Building 1411 is served by a two electric Bard Units, <h5> •(1) Upgrade the existing, HVAC system in the building. </h5> <h5> •(2) Upgrade the exhaust system in the building.</h5> <h5> •(3) Contractor shall upgrade system as required to comply with heating and cooling requirements, or replace, as required.</h5> <h5> •(4) Utilize existing ductwork, if applicable, to the extent it is feasible. Any new ductwork shall be above the ceiling, where practical. Provide supply ductwork and return air duct or approved return air ceiling plenum where required for proper air distribution. </h5> <h5> •(5) All ductwork shall be concealed in the ceiling space. Where not possible, aesthetically pleasing exposed ductwork shall be used. Provide fire dampers/smoke dampers for ductwork penetrating the fire-rated structure as required by NFPA, National and Local codes and this document; integrate the fire dampers/smoke dampers with the building's fire alarm system.</h5> <h4> • HVAC General Requirements </h4> <h5 style="BACKGROUND: white"> •(1) Specifications and drawings shall be specific in nature and shall identify specific makes, models, and trade names. This is design/build. </h5> <h5> •(2) The Drawings Index sheet shall provide a code analysis and/or the Project Mechanical Title and Legend sheet shall list the relevant codes and standards on which the mechanical design is based.</h5> <h5> •(3) Drawing symbols and abbreviations shall conform to nationally accepted standards and lettering size shall be adequate (1/8 inch or minimum 3mm lettering height) to permit clearly legible 1/2 size reproductions.</h5> <h5> •(4) The design analyses and the HVAC load calculations shall be based on ASHRAE 2-1/2% (Summer) and 97-1/2% (Winter) weather data available for the project site, or reasonable extrapolations from nearest ASHRAE or NOAA weather sites.</h5> <h5> •(5) Inside design conditions shall be based on 78 F DB/68 F WB in summer and on 68 F DB/ 54.5 F WB in winter in all spaces unless otherwise specified in the Scope of Work for special areas or building activities.</h5> <h5> •(6) Minimum indoor air quality shall be provided by supplying outside air ventilation at rates which conform to ASHRAE Standard 62-1989 as a lower minimum. In no case shall the outdoor ventilation air be less than 15 CFM per person. Some activity levels require higher minimum CFM's/person.</h5> <h5> •(7) Every submittal review stage shall include a brief explanatory design narrative to support the design analysis calculations submittal. The narrative will describe the design approach, comparative assessments made, and the resulting design development decisions.</h5> <h5> •(8) The design analysis submittal shall include, when applicable, a summary sheet(s) listing the weather data and all other design criteria applied in the calculations including the basis assumptions made, such as the required minimum outside air ventilation rates and air change and exhaust rates, hours/days of normal operation and set back periods, room or building populations, space or building use or activity, inside temperature and humidity conditions, "U" values, cooling load and glass shading factors used, the various sensible and latent load factors applied, peak load hour/day/ month used, electrical and miscellaneous loads assumptions, etc.</h5> The load calculations shall be based on a nationally recognized standard method, such as recommended by ASHRAE, and shall include rooms, zones and buildings summaries for heating and cooling loads, outside air loads, CFM summaries, GPM summaries for water systems, and the equipment selection parameters. Load calculation may be computer generated provided the required summaries are included, and provided a legend is attached or all symbols and abbreviations appearing in the calculations printout sheets. Computer generated load calculations input data must reflect the specified design criteria stated in the Scope of Work. <h5> •(9) Male and Female Toilets shall comply with ADA</h5> • Electrical <h4> • Verify adequate electrical capacity to accommodate the installation of the new systems. Upgrade the electrical systems of each building as necessary.</h4> <h4> • Provide necessary breakers, conduits, feeders, starters, disconnects, panels etc., as required. Include code compliant ground fault circuit - circuit interrupter protection for receptacle outlets in wet areas.</h4> <h4> • Show existing electrical circuiting, as required, and connections of all equipment and devices as necessitated by the mechanical scope of work.</h4> <h4> • Non-suitability of existing electrical wiring and equipment will require removal of all wiring and components and the provision of new services to individual units.</h4> <h4> • Remove and re-install existing light fixtures, smoke detectors, etc., if existing acoustical tile ceiling system has to be lowered. Replace lamps and clean/paint all devices prior to re-installation. </h4> Note: For light fixtures which need to be replaced or added, provide energy efficient light fixtures with type T-8 lamps and electronic ballasts. <h4> • Add/relocate exit signs and emergency lights as required to comply with NFPA code requirements.</h4> <h4> • All design data and calculations should be neat in presentation form and should be checked. All calculations should be in company standard form.</h4> <h4> • Provide electrical submittals in accordance with the attached checklist. </h4> <h4> • Add new fire alarm system components as required to ensure that fire detection, alarm and communication coverage for all new/renovated work spaces meets NFPA code requirements.</h4> <h4> • Reconfigure/extend the existing telephone system coverage as required for the new/renovated spaces. The extended system should consists of an empty conduit system, junction boxes, pull boxes, and telephone outlets (jacks), to each of the offices and spaces designated to be replaced.</h4> <h4> • Extend the data network system as required. This shall consist of the conduit system, pull boxes and data outlets to each of the offices and spaces designated to be replaced. The system shall be connected to the center's data network system. The A/E is to coordinate the requirements with the ESC during design reviews.</h4> • FUNCTIONAL BUILDING DESIGN REQUIREMENTS • General The portion of the existing Recreation Building that can be kept in operation must be maintained and protected from the construction areas. • Programmatic Requirements <h4> • Building No. 1411 is a one story Metal building, approximately 13,000 S.F. The building addition is approximately 1,800 SF. to accommodate the additional classroom, offices, administrative functions, staff, weight room, barbershop and restrooms. </h4> Programmatic Requirements, In existing building and addition SPACE EXISTING NO. OF ROOMS TOTAL NSF Offices - 1 212 Arts & Craft Room 1 800 Weight Room - 1 1,303 Barbershop 1 252 Male Restroom - 1 81 Female restroom - 1 81 Total net SF...............................................................2,941 V. PROJECT SCHEDULE, Revised 11-12-2009 Muhlenberg Building 1411 Design/Construction Schedule Activity Description Elapsed Time Date Contract Award 1-5-10 10 Days NTP 1-15-10 30 Days 35% Documents Submittal 2-15-10 60 Days Construction Ready Documents Submittal 3-15-10 180 Days from NTP Substantial Completion 7-15-10 30 Days Project Close-Out 8-15-10 All days are calculated in Calendar Days All days are calculated in Calendar Days •VI. SKETCHES • VICINITY MAP • LOCATION MAP • EXISTING SITE PLAN • EXISTING BUILDING PLANS • 1411 GYM/ ARTS & CRAFT BUILD & RENOVATION PLAN S:Region03Muhlenberg2550 Phase IIISOW 2550 Phase III ready for DOL approval.doc VII. ATTACHMENT I ATTACHMENT 1 A/E QUICK REFERENCE CHECKLIST Note: For each project the Contractor's designer shall provide a separate, 3 ring binder, "Constructability Handbook" which will contain the DOL-provided "A/E Quick Reference Checklist" (Attachment 2). Also included will be a narrative description of the A/E's findings supporting the comments/notations on the Checklist (based upon their knowledge of local conditions and constraints, cost/time impacts, and recommendations by the submission timeframe listed for the particular component). Where the items listed in the particular component could not be resolved, the A/E shall note that fact and include information necessary for the expeditious resolution of the issue. Failure to submit and update this completed Constructability Handbook shall be sufficient cause to reject the Contractor's submission. The AE shall provide updated checklist information with each submittal. A/E QUICK REFERENCE CHECKLIST (NOT ALL INCLUSIVE) Date of Submission:_____________________________ Center Name/Project No.:_______________________________ JCH 814 Para. Ref 15% 30% 60% 100% Comment R- Required; Sub-Submitted; Rec-Recommended R Sub Rec R Sub Rec R Sub Rec R Sub Rec LOCAL/STATE AREA ISSUES/IMPACTS 1. Review Property Title/Lease/Covenants/Easements 1.5 2. Eligibility for Historic Preservation 1.6 3. Determine Seismicity of the site - Design Standards 3.8 4. Entrance/Curb Cuts - permits/fees required 1.5/2.7.1 5. Connection to off-site Potable Water Supply 2.6.2 6. Connection to off-site Sanitary Waste system 2.6.1 7. Connection/distribution of Storm Water system 2.6.1/2.8 8. Connection to off-site Electric Power supply 2.6.5 9. Connection to off-site Natural Gas supply/alternate 2.6.3 10. Local sensitivities from Neighborhood/Center 2.4.1&.2 11. Connect/serviced by Municipal Fire Protection 2.6/6.5/5.4 12. Archeological Investigations 2.2 Environmental 1. Review Environmental Assessment Report 1.5 2. Sediment and Erosion Control and/or Storm Water 2.5 Pollution Prevention Plan under the National Pollutant Discharge Elimination System required 3. Wetlands permit requirement 2.9 4. Additional -State/Local/Community/Requirements 1.4/1.5 Fugitive Dust Control Plan Forest Conservation Plan Sound and Noise Permits LOCAL/STATE BUILDING ISSUES/IMPACTS 1. Potable Water Supply/Distribution/Tap location review 2.6.2 2. Sanitary Waste/Distribution/Tap location review 2.6.1 3. Building impacts on Storm Water system on-site 2.6 4. Electric Power Supply/Distribution on-site review 2.6.5/6.2 5. On-Site Fuel System/Distribution review 2.6 6. Construction Schedule/impacts weather, issues, etc 2.2/7.5 7. Construction Schedule shows purchase/delivery date for owner purchased items 7.5 8. Review/identify contractor staging/temp. facilities 8.4 9. Construction Phasing/Disruption analysis Identify center involvement/swing space/duration 7 10. Confirm drawings & specifications are interdisciplinary Coordinated 7.5 11. Review Project Budget for reasonableness provide narrative if over. 8.3/7.5 Code 1. State/Local/National Codes Analysis for Bldg/Site 7.5/2.4 2. Geotechnical Report review 7.5/1.4 3. Provide a Fire Safety Plan/enclosure ratings 7.5 4. Fire Protection/NFPA requirements 7.5 5. OSHA Title 8 and ADA requirements/budget impact 7.5 6. Review and ensure all major systems in documents 7.5 7. Additional items; State/Local/Community constraints/requirements Health Day Care 7.5.4 SPECIFICATIONS 1. Review specifications to ensure 3 manufacturers can provide the products, says "approved equal", and lists the salient features for the quality specified 7.5.4 2. Review Division 1 to ensure compatibility with Specification Sections 7.5.4.7 3. Review Specifications to ensure that all testing is provided by the contractor and certifications desired are included and A/E witnesses and is approval authority 7.5.4 4. Review Specifications to ensure Warranties and Manuals are defined O&M 7.5.4 5. Review Specifications to ensure owner training is adequately defined (length and type of training) and training will be Video taped with 2 copies submitted 7.5.4 6. Review Division 1 to ensure compatibility with DOL Contract Sections 7.5.4 7. Review Division 1 to ensure Phasing and other issues are addressed 7.5 8. Review the Bid form in the Government Boilerplate to ensure all "Alternates, Unit Prices, and other specific elements are included 7.5 9. Additional items as a result of the A/E's due diligence - State/Local/Community constrains/Requirements 7.5 •I. ACCEPTANCE OF WORK •A. SUBSTANTIAL COMPLETION •1. Substantial completion of the work is defined herein as the point at which the work is complete in all respects except for a few minor items which are to be listed on the Contractor's punch list. With the issuance of a substantial completion certificate executed by the Center and the Contractor, the center will occupy/take possession of the work and operate the installed systems/equipment which was impacted during demolition. Prior to the issuance of an executed substantial completion certificate the Contractor shall have had all tests completed, witnessed and approved by the center's authorized representative. The proper removal of demolition debris and associated waste, site restoration, capping of utilities and other such requirements specified in this Scope of Work shall be a prerequisite to the Contractor's notification requesting a substantial completion walk-through. •2. The Contractor shall notify the center in writing at least 14 days prior to the estimated date of substantial completion and request a substantial completion walk-through. The letter shall include a dated punch list as developed by the Contractor. The purpose of the walk-through is to review the Contractor's list for accuracy and to identify any additional items needing completion prior to final acceptance. The Contractor, shall, upon receipt of a substantial completion punch list, correct his work as required within 14 days or until acceptable to the center. The substantial completion walk-through shall be performed by the Center Director and/or the designated representative. •3. The date of the center's acknowledgment of substantial completion shall establish the date of commencement of the Contractor's one (1) year guarantee of workmanship and the manufacturer's product warranties (2 years if work involves roofing). •4. Manufacturers' warranty, if required, shall include the following information: <h4> •a. Center Name</h4> <h4> •b. Date of Substantial Completion (warranty commencement date)</h4> <h4> •c. Date Warranty Expires</h4> <h4> •d. Description of Warranty Services</h4> <h4> •e. Serial numbers of equipment under Warranty</h4> •B. FINAL INSPECTION •1. The Contractor shall inform the center in writing at least three days prior to the estimated date of the completion of the work and request a final acceptance inspection. •1. The contractor shall provide to the center at substantial completion: •a. two complete operation and maintenance manuals including manufacturer's product data sheets for all equipment supplied, detailed parts lists and equipment maintenance requirements. In addition, submit certificates of manufacturer's warranties and guarantees for all equipment and materials used in the work. •b. a completed "red line" as built drawing in hard copy. •c. Two (2) CDs of the as build drawings. •d. Start up training for the Center Maintenance staff on all fixed facilities equipment installed as a part of this project will be provided by the Contractor 25.604 Preaward determination concerning the inapplicability of section 1605 of the Recovery Act or the Buy American Act. (a) For any acquisition, an offeror may request from the contracting officer a determination concerning the inapplicability of section 1605 of the Recovery Act or the Buy American Act for specifically identified construction materials. The time for submitting the request is specified in the solicitation in paragraph (b) of either 52.225-22 or 52.225-24, whichever applies. The information and supporting data that must be included in the request are also specified in the solicitation in paragraphs (c) and (d) of either 52.225-21 or 52.225-23, whichever applies. (b) Before award, the contracting officer must evaluate all requests based on the information provided and may supplement this information with other readily available information. (c) Determination based on unreasonable cost of domestic construction material. (1) Iron, steel, and other manufactured construction material. The contracting officer must compare the offered price of the contract using foreign manufactured construction material to the estimated price if all domestic manufactured construction material were used. If use of domestic manufactured construction material would increase the overall offered price of the contract by more than 25 percent, then the contracting officer shall determine that the cost of the domestic manufactured construction material is unreasonable. (2) Unmanufactured construction material. The contracting officer must compare the cost of each foreign unmanufactured construction material to the cost of domestic unmanufactured construction material. If the cost of the domestic unmanufactured construction material exceeds the cost of the foreign unmanufactured construction material by more than 6 percent, then the contracting officer shall determine that the cost of the unmanufactured construction material is unreasonable. 25.1102 Acquisition of construction. When using funds other than those appropriated under the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act), follow the prescriptions in paragraphs (a) through (d) of this section. Otherwise, follow the prescription in paragraph (e). (a) Insert the clause at 52.225-9, Buy American Act-Construction Materials, in solicitations and contracts for construction that is performed in the United States valued at less than $7,443,000. (1) List in paragraph (b)(2) of the clause all foreign construction material excepted from the requirements of the Buy American Act. (2) If the head of the agency determines that a higher percentage is appropriate, substitute the higher evaluation percentage in paragraph (b)(3)(i) of the clause. (b)(1) Insert the provision at 52.225-10, Notice of Buy American Act Requirement-Construction Materials, in solicitations containing the clause at 52.225-9. (2) If insufficient time is available to process a determination regarding the inapplicability of the Buy American Act before receipt of offers, use the provision with its Alternate I. (c) Insert the clause at 52.225-11, Buy American Act-Construction Materials under Trade Agreements, in solicitations and contracts for construction that is performed in the United States valued at $7,443,000 or more. (1) List in paragraph (b)(3) of the clause all foreign construction material excepted from the requirements of the Buy American Act, other than designated country construction material. (2) If the head of the agency determines that a higher percentage is appropriate, substitute the higher evaluation percentage in paragraph (b)(4)(i) of the clause. (3) For acquisitions valued at $7,443,000 or more, but less than $8,817,449, use the clause with its Alternate I. List in paragraph (b)(3) of the clause all foreign construction material excepted from the requirements of the Buy American Act, unless the excepted foreign construction material is from a designated country other than Bahrain, Mexico, and Oman. (d)(1) Insert the provision at 52.225-12, Notice of Buy American Act Requirement-Construction Materials under Trade Agreements, in solicitations containing the clause at 52.225-11. (2) If insufficient time is available to process a determination regarding the inapplicability of the Buy American Act before receipt of offers, use the provision with its Alternate I. (3) For acquisitions valued at $7,443,000 or more, but less than $8,817,449, use the clause with its Alternate II. (e)(1) When using funds appropriated under the Recovery Act for construction, use provisions and clauses 52.225-21, 52.225-22, 52.225-23, or 52.225-24 (with appropriate Alternates) in lieu of the provisions and clauses 52.225-9, 52.225-10, 52.225-11, or 52.225-12 (with appropriate Alternates), respectively, that would be applicable as prescribed in paragraphs (a) through (d) of this section if Recovery Act funds were not used. (2) When using clause 52.225-23, list foreign construction material in paragraph (b)(3) of the clause as follows: (i) Basic clause. List all foreign construction materials excepted from the Buy American Act or section 1605 of the the Recovery Act, other than Recovery Act designated country construction material. (ii) Alternate I. List in paragraph (b)(3) of the clause all foreign construction material excepted from the Buy American Act or section 1605 of the Recovery Act, unless the excepted foreign construction material is from a Recovery Act designated country other than Bahrain, Mexico, or Oman. 52.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods-Buy American Act-Construction Materials. As prescribed in 25.1102 (e), insert the following clause: Required Use of American Iron, Steel, and Manufactured Goods-Buy American Act-Construction Materials (Mar 2009) (a) Definitions. As used in this clause- "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. "Domestic construction material" means- (1) An unmanufactured construction material mined or produced in the United States; or (2) A construction material manufactured in the United States. "Foreign construction material" means a construction material other than a domestic construction material. "Manufactured construction material" means any construction material that is not unmanufactured construction material. "Steel" means an alloy that includes at least 50 percent iron, between.02 and 2 percent carbon, and may include other elements. "United States" means the 50 States, the District of Columbia, and outlying areas. "Unmanufactured construction material" means raw material brought to the construction site for incorporation into the building or work that has not been- (1) Processed into a specific form and shape; or (2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. (b) Domestic preference. (1) This clause implements- (i) Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by requiring, unless an exception applies, that all iron, steel, and other manufactured goods used as construction material in the project are produced in the United States; and (ii) The Buy American Act ( 41 U.S.C. 10a - 10d ) by providing a preference for unmanufactured domestic construction material. (2) The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraph (b)(3) and (b)(4) of this clause. (3) This requirement does not apply to the construction material 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. (A) The cost of domestic iron, steel, or other manufactured goods used as construction material is unreasonable when the cumulative cost of such material will increase the cost of the contract by more than 25 percent; (B) The cost of unmanufactured construction material is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent; (ii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (iii) The application of the restriction of section 1605 of the Recovery Act or the Buy American Act to a particular construction material would be inconsistent with the public interest. (c) Request for determination of inapplicability of Section 1605 of the Recovery Act or the Buy American Act (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) Cost; (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)(4) of this clause. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this clause. (iii) The cost of construction material shall include all delivery costs to the construction site and any applicable duty. (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 section 1605 of the Recovery Act or the Buy American Act 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 cost of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause. (3) Unless the Government determines that an exception to section 1605 of the Recovery Act or the Buy American Act applies, use of foreign construction material is noncompliant with section 1605 of the American Recovery and Reinvestment Act or the Buy American Act. (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: Construction Material Description Unit of Measure Quantity Cost (Dollars)* Item 1 : Foreign construction material ________ ________ ________ Domestic construction material ________ ________ ________ Item 2 : Foreign construction material ________ ________ ________ Domestic construction material ________ ________ ________ [ List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [ Include other applicable supporting information.] [* Include all delivery costs to the construction site.] Foreign and Domestic Construction Materials Cost Comparison 52.225-22 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods-Buy American Act-Construction Materials. As prescribed in 25.1102 (e), insert the following provision: Notice of Required Use of American Iron, Steel, and Other Manufactured Goods-Buy American Act-Construction Materials (Mar 2009) (a) Definitions. "Construction material," "domestic construction material," "foreign construction material," "manufactured construction material," "steel," and "unmanufactured construction material," as used in this provision, are defined in the clause of this solicitation entitled "Required Use of Iron, Steel, and Other Manufactured Goods-Buy American Act-Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-21 ). (b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) or the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-21 in the request. If an offeror has not requested a determination regarding the inapplicability of 1605 of the Recovery Act or the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer. (c) Evaluation of offers. (1) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract- (i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and (ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on unreasonable cost of comparable domestic unmanufactured construction material. (2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of unreasonable cost. (d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-21, the offeror also may submit an alternate offer based on use of equivalent domestic construction material. (2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer and a separate cost comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-21 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies. (3) f the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-21 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations. (End of provision) Alternate I (Mar 2009). As prescribed in 25.1102 (e), substitute the following paragraph (b) for paragraph (b) of the basic provision: (b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) or the Buy American Act shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52 52.225-23 Required Use of American Iron, Steel, and Other Manufactured Goods-Buy American Act-Construction Materials Under Trade Agreements. As prescribed in 25.1102 (e), insert the following clause: Required Use of American Iron, Steel, and Other Manufactured Goods-Buy AmericanAct-Construction Materials Under Trade Agreements (Aug 2009) (a) Definitions. As used in this clause- "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. "Domestic construction material" means- (1) An unmanufactured construction material mined or produced in the United States; or (2) A construction material manufactured in the United States. "Foreign construction material" means a construction material other than a domestic construction material. "Free trade agreement (FTA) country construction material" means a construction material that- (1) Is wholly the growth, product, or manufacture of an 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 an 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. "Manufactured construction material" means any construction material that is not unmanufactured construction material. "Recovery Act designated country" means any of the following countries: (1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Aruba, Austria, Belgium, Bulgaria, Canada, 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, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, or United Kingdom); (2) A Free Trade Agreement country (FTA)(Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, orSingapore); or (3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia). "Recovery Act designated country construction material" means a construction material that is a WTO GPA country construction material, an FTA country construction material, or a least developed country construction material. "Steel" means an alloy that includes at least 50 percent iron, between.02 and 2 percent carbon, and may include other elements. "United States" means the 50 States, the District of Columbia, and outlying areas. "Unmanufactured construction material" means raw material brought to the construction site for incorporation into the building or work that has not been- (1) Processed into a specific form and shape; or (2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. "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) The restrictions of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) and the Buy American Act ( 41 U.S.C. 10a-10d ) do not apply to Recovery Act designated country construction material. Consistent with U.S. obligations under international agreements, this clause implements- (i) Section 1605 of the Recovery Act by requiring, unless an exception applies, that all iron, steel, and other manufactured goods used as construction material in the project are produced in the United States; and (ii) The Buy American Act by providing a preference for unmanufactured domestic construction material. (2) The Contractor shall use only domestic or Recovery Act 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 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 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. (A) The cost of domestic iron, steel, or other manufactured goods used as construction material is unreasonable when the cumulative cost of such material will increase the overall cost of the contract by more than 25 percent; (B) The cost of unmanufactured construction material is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent; (ii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality; or (iii) The application of the restriction of section 1605 of the Recovery Act or the Buy American Act to a particular construction material would be inconsistent with the public interest. (c) Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American Act. (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) Cost; (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)(4) of this clause. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this clause. (iii) The cost of construction material shall include all delivery costs to the construction site and any applicable duty. (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 section 1605 of the Recovery Act or the Buy American Act 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 cost of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause. (3) Unless the Government determines that an exception to the section 1605 of the Recovery Act or the Buy American Act applies, use of foreign construction material other than that covered by trade agreements is noncompliant with the applicable Act. (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: Construction Material Description Unit of Measure Quantity Cost (Dollars)* Item 1 : Foreign construction material ________ ________ ________ Domestic construction material ________ ________ ________ Item 2 : Foreign construction material ________ ________ ________ Domestic construction material ________ ________ ________ [ List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. ] [ Include other applicable supporting information.] [* Include all delivery costs to the construction site.] Foreign and Domes (End of clause) Alternate I (Mar 2009). As prescribed in 25.1102 (e), add the following definition of "Bahrainian, Mexican, or Omani construction material" to paragraph (a) of the basic clause, and substitute the following paragraphs (b)(1) and (b)(2) for paragraphs (b)(1) and (b)(2) of the basic clause: "Bahrainian, Mexican, or Omani construction material" means a construction material that- (1) Is wholly the growth, product, or manufacture of Bahrain, Mexico, or Oman; 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 Bahrain, Mexico, or Oman into a new and different construction material distinct from the materials from which it was transformed. (b) Construction materials. (1) The restrictions of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) and the Buy American Act do not apply to Recovery Act designated country construction material. Consistent with U.S. obligations under international agreements, this clause implements- (i) Section 1605 of the Recovery Act, by requiring, unless an exception applies, that all iron, steel, and other manufactured goods used as construction material in the project are produced in the United States; and (ii) The Buy American Act providing a preference for unmanufactured domestic construction material. (2) The Contractor shall use only domestic or Recovery Act designated country construction material other than Bahrainian, Mexican, or Omani construction material in performing this 52.225-24 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods-Buy American Act-Construction Materials Under Trade Agreements. As prescribed in 25.1102 (e), insert the following provision: Notice of Required Use of American Iron, Steel, and Other Manufactured Goods-Buy American Act-Construction Materials Under Trade Agreements (Mar 2009) (a) Definitions. "Construction material," "domestic construction material," "foreign construction material," "manufactured construction material," "Recovery Act designated country construction material," "steel," and "unmanufactured construction material," as used in this provision, are defined in the clause of this solicitation entitled "Required Use of Iron, Steel, and Other Manufactured Goods-Buy American Act-Construction Materials Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-23 ). (b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) or the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-23 in the request. If an offeror has not requested a determination regarding the inapplicability of section 1605 of the Recovery Act or the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer. (c) Evaluation of offers. (1) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract- (i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and (ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on unreasonable cost of comparable domestic unmanufactured construction material. (2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of unreasonable cost. (d) Alternate offers. (1) When an offer includes foreign construction material, other than Recovery Act designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-23, the offeror also may submit an alternate offer based on use of equivalent domestic or Recovery Act designated country construction material. (2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer and a separate cost comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-23 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies. (3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-23 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or Recovery Act designated country construction material, and the offeror shall be required to furnish such domestic or Recovery Act designated country construction material. An offer based on use of the foreign construction material for which an exception was requested- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations. (End of provision) Alternate I (Mar 2009). As prescribed in 25.1102 (e), substitute the following paragraph (b) for paragraph (b) of the basic provision: (b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) or the Buy American Act shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-23. Alternate II (Mar 2009). As prescribed in 25.1102 (e), add the definition of "Bahrainian, Mexican, or Omani construction material" to paragraph (a) and substitute the following paragraph (d) for paragraph (d) of the basic provision: (d) Alternate offers. (1) When an offer includes foreign construction material, except foreign construction material from a Recovery Act designated country other than Bahrain, Mexico, or Oman that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-23, the offeror also may submit an alternate offer based on use of equivalent domestic or Recovery Act designated country construction material other than Bahrainian, Mexican, or Omani construction material. (2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer and a separate cost comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-23 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies. (3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-23 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or Recovery Act designated country construction material other than Bahrainian, Mexican, or Omani construction material. An offer based on use of the foreign construction material for which an exception was requested- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations. Among these provisions is section 1605, entitled ''Buy American.'' It prohibits the use of funds appropriated or otherwise made available by the Act for any project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. The law requires that this prohibition be applied in a manner consistent with U.S. obligations under international agreements, and it provides for waiver under three circumstances: Subpart 25.6 includes a policy statement at 25.602 that repeats the prohibition against using funds appropriated by the Recovery Act for U.S. construction projects to purchase iron, steel, or other manufactured goods that were not produced in the U.S. It also notes that unmanufactured construction materials remain covered by the provisions of the Buy American Act. The exceptions to this policy (see Because section 1605 does not specify a requirement that significantly all the components of construction material must also be domestic, as does the Buy American Act, the definition of domestic construction material under this interim rule does not include a requirement relating to the origin of the components of domestic manufactured construction material. Unmanufactured construction material is not specifically addressed in section 1605 of the Recovery Act. However, the Recovery Act's purpose of creating jobs and stimulating domestic demand is well served by applying the Buy American Act to unmanufactured construction material. Prescriptions for the use of all of the solicitation provisions and contract clauses applicable to FAR Part 25 are [[Page 14625]] included in a single subpart, 25.11. The Councils have modified section 25.1102, entitled ''Acquisition of Construction,'' to add a new paragraph that substitutes four new provisions and clauses (with appropriate alternates), to be used when contracting with funds appropriated by the Recovery Act, for the four clauses otherwise used in construction contracts to implement the Buy American Act and U.S. obligations under applicable trade agreements. Specifically, when using Recovery Act appropriated funds, contracting officers will use-- <bullet> 52.225-21, Required Use of American Iron, Steel, and Manufactured Goods--Buy American Act--Construction Materials, instead of 52.225-9, Buy American Act--Construction Materials; <bullet> 52.225-22, Notice of Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials, instead of 52.225-10, Notice of Buy American Act Requirement-- Construction Materials; <bullet> 52.225-23, Required Use of American Iron, Steel, and Other Manufactured Goods and Buy American Act--Construction Materials Under Trade Agreements, instead of 52.225-11, Buy American Act--Construction Materials under Trade Agreements; and <bullet> 52.225-24, Notice of Required Use of American Iron, Steel, and Other Manufactured Goods and Buy American Act--Construction Materials under Trade Agreements, instead of 52.225-12, Notice of Buy American Act Requirement--Construction Materials under Trade Agreements. In the Recovery Act conference report, Congress expressed its intent that least developed countries be excepted from section 1605 and that they retain their status as designated countries. However, with respect to Caribbean Basin countries, Congress did not express a similar intent. Therefore, Caribbean Basin countries are not included as designated countries with respect to the Recovery Act. Therefore, given section 1605 of the Recovery Act, which establishes Buy American requirements for projects funded by the Recovery Act, the FAR Council has determined that this rule should apply to contracts or subcontracts at or below the simplified acquisition threshold, as defined at 2.101. PART 5--PUBLICIZING CONTRACT ACTIONS 0 3. Amend section 5.207 by revising paragraph (c)(13)(iii) to read as follows: 5.207 Preparation and transmittal of synopses. * * * * * (c) * * * (13) * * * (iii) If the solicitation will include the FAR clause at 52.225-11, Buy American Act--Construction Materials under Trade Agreements, 52.225-23, Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials under Trade Agreements, or an equivalent agency clause, insert the following notice in the synopsis: ''One or more of the items under this acquisition is subject to the World Trade Organization Government Procurement Agreement and Free Trade Agreements.'' 1) The Buy American Act uses a two-part test to define a ''domestic end product'' or ''domestic construction material'' (manufactured in the United States and a formula based on cost of domestic components). The component test has been waived for acquisition of commercially available off-the-shelf items. * * * * * (4) When using funds appropriated under the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5), the definition of ''domestic manufactured construction material'' requires manufacture in the United States but does not include a requirement with regard to the origin of the components. This subpart implements section 1605 in Division A of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) and the Buy American Act. It applies to construction projects that use funds appropriated or otherwise provided by the Recovery Act. 25.601 Definitions. As used in this subpart-- Domestic construction material means-- (1) An unmanufactured construction material mined or produced in the United States; or (2) A construction material manufactured in the United States. Foreign construction material means a construction material other than a domestic construction material. Manufactured construction material means any construction material that is not unmanufactured construction material. Recovery Act designated country means a World Trade Organization Government Procurement Agreement country, a Free Trade Agreement country, or a least developed country. Steel means an alloy that includes at least 50 percent iron, between.02 and 2 percent carbon, and may include other elements. Unmanufactured construction material means raw material brought to the construction site for incorporation into the building or work that has not been-- (1) Processed into a specific form and shape; or (2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. 25.602 Policy. Except as provided in 25.603-- (a) None of the funds appropriated or otherwise made available by the Recovery Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work (as defined at 22.401) unless-- (1) The public building or public work is located in the United States; and (2) All of the iron, steel, and other manufactured goods used as construction material in the project are produced or manufactured in the United States. (i) Production in the United States of the iron or steel used as construction material requires that all manufacturing processes must take place in the United States, except metallurgical processes involving refinement of steel additives. These requirements do not apply to steel or iron used as components or subcomponents of other manufactured construction material. (ii) There is no requirement with regard to the origin of components or subcomponents in other manufactured construction material, as long as the manufacture of the construction material occurs in the United States. (b) Use only domestic unmanufactured construction material, as required by the Buy American Act. ) Determinations. When a determination is made, for any of the reasons stated in this section, that certain foreign construction materials may be used-- (1) The contracting officer shall list the excepted materials in the contract; and (2) The head of the agency shall publish a notice in the Federal Register within two weeks after the determination is made, unless the construction material has already been determined in the FAR to be domestically nonavailable (see list at 25.104). T a) For any acquisition, an offeror may request from the contracting officer a determination concerning the inapplicability of section 1605 of the Recovery Act or the Buy American Act for specifically identified construction materials. The time for submitting the request is specified in the solicitation in paragraph (b) of either 52.225-22 or 52.225-24, whichever applies. The information and supporting data that must be included in the request are also specified in the solicitation in paragraphs (c) and (d) of either 52.225-21 or 52.225-23, whichever applies. 25.606 Postaward determinations. (a) If a contractor requests a determination regarding the inapplicability of section 1605 of the Recovery Act or the Buy American Act after contract award, the contractor must explain why it could not request the determination before contract award or why the need for such determination otherwise was not reasonably foreseeable. If the contracting officer concludes that the contractor should have made the request before contract award, the contracting officer may deny the request. 52.225-22 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials. As prescribed in 25.1102(e), insert the following provision: NOTICE OF REQUIRED USE OF AMERICAN IRON, STEEL, AND OTHER MANUFACTURED GOODS--BUY AMERICAN ACT--CONSTRUCTION MATERIALS (MAR 2009) (a) Definitions. ''Construction material,'' ''domestic construction material,'' ''foreign construction material,'' ''manufactured construction material,'' ''steel,'' and ''unmanufactured construction material,'' as used in this provision, are defined in the clause of this solicitation entitled ''Required Use of Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials'' (Federal Acquisition Regulation (FAR) clause 52.225-21). (b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) or the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-21 in the request. If an offeror has not requested a determination regarding the inapplicability of 1605 of the Recovery Act or the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer. (c) Evaluation of offers. (1) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer [[Page 14630]] requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract-- (i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and (ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on unreasonable cost of comparable domestic unmanufactured construction material. (2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of unreasonable cost. (d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-21, the offeror also may submit an alternate offer based on use of equivalent domestic construction material. (2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer and a separate cost comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-21 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies. (3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225- 21 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations. (End of provision) Alternate I (MAR 2009]). As prescribed in 25.1102(e), substitute the following paragraph (b) for paragraph (b) of the basic provision: (b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) or the Buy American Act shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-21. 52.225-23 Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials under Trade Agreements. As prescribed in 25.1102(e), insert the following clause: Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials Under Trade Agreements MAR 2009) (a) Definitions. As used in this clause-- 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. Domestic construction material means-- (1) An unmanufactured construction material mined or produced in the United States; or (2) A construction material manufactured in the United States. Foreign construction material means a construction material other than a domestic construction material. Free tradeagreement (FTA) country construction material means a construction material that-- (1) Is wholly the growth, product, or manufacture of an 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 an 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. Manufactured construction material means any construction material that is not unmanufactured construction material. Recovery Act designated country means any of the following countries: (1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Aruba, Austria, Belgium, Bulgaria, Canada, 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, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, or United Kingdom); (2) A Free Trade Agreement country (FTA)(Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore ); or (3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea- Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia). Recovery Act designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, or a least developed country construction material. Steel means an alloy that includes at least 50 percent iron, between.02 and 2 percent carbon, and may include other elements. United States means the 50 States, the District of Columbia, and outlying areas. Unmanufactured construction material means raw material brought to the construction site for incorporation into the building or work that has not been-- [[Page 14631]] (1) Processed into a specific form and shape; or (2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. 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) The restrictions of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) and the Buy American Act (41 U.S.C. 10a-10d) do not apply to Recovery Act designated country construction material. Consistent with U.S. obligations under international agreements, this clause implements-- (i) Section 1605 of the Recovery Act by requiring, unless an exception applies, that all iron, steel, and other manufactured goods used as construction material in the project are produced in the United States; and (ii) The Buy American Act by providing a preference for unmanufactured domestic construction material. (2) The Contractor shall use only domestic or Recovery Act 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 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 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. (A) The cost of domestic iron, steel, or other manufactured goods used as construction material is unreasonable when the cumulative cost of such material will increase the overall cost of the contract by more than 25 percent; (B) The cost of unmanufactured construction material is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent; (ii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality; or (iii) The application of the restriction of section 1605 of the Recovery Act or the Buy American Act to a particular construction material would be inconsistent with the public interest. (c) Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American Act. (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) Cost; (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)(4) of this clause. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this clause. (iii) The cost of construction material shall include all delivery costs to the construction site and any applicable duty. (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 section 1605 of the Recovery Act or the Buy American Act 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 cost of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause. (3) Unless the Government determines that an exception to the section 1605 of the Recovery Act or the Buy American Act applies, use of foreign construction material other than that covered by trade agreements is noncompliant with the applicable Act. (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:
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/DOL/ETA/Muhlenbergjcc/ARRA-04/listing.html)
Place of Performance: Address: Muhlenberg Career Development Center, 3875 State route Highway 181 North, Greenville, Kentucky, 42345, United States; Zip Code: 42345
Record: SN02008814-W 20091122/091121000825-91d38a5845a867953cf40b164c842536 (fbodaily.com)
Source: FedBizOpps Link to This Notice
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