Bldg 33 Barracks Head Renovations

This is a solicitation for construction services, prepared in accordance with the format in subpart 36.2 of the FAR and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued. Solicitation number HSCG40-09-Q-41583A applies, and is issued as a Request for Quotation. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-34. This procurement is set aside for small business. The North American Industry Classification System (NAICS) code is 236220 and the business size standard is $31. Million. U.S. Coast Guard Engineering Logistics Center intends to award a Firm Fixed Price Contract. See separate statement of work attachment. DELIVERIES OR PERFORMANCE 52.211-10 Commencement, Prosecution, and Completion of Work. (Apr 1984) The Contractor shall be required to (a) commence work under this contract within seven (7) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than thirty (30) calendar days after notice to proceed. The time stated for completion shall include final cleanup of the premises. 52.236-1 Performance of Work by the Contractor (Apr 1984) The Contractor shall perform on the site, and with its own organization, work equivalent to at least fifty (50%) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government. Place of delivery is: USCG Engineering Logistics Center, 2401 Hawkins Point Road, Building 33, Baltimore, MD 21226. The following FAR clauses apply to this solicitation. Offerors may obtain full text versions of these clauses electronically at http://www.arnet.gov/far. a) FAR 52.212-1 Instructions to Offerors-Commercial Items. 1. Parties responding to this solicitation may submit their offer in accordance with their standard commercial practices (e.g. on company letterhead, formal quote form, etc.) but must include the following information: 1) company's complete mailing and remittance addresses, 2) discounts for prompt payment if applicable 3) cage code, 4) Dun & Bradstreet number, 5) Taxpayer ID number. Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items with their offer. b) FAR 52.212-2 Evaluation-Commercial Items. - Pricing consideration is the evaluation factor. Award may be made to other than the lowest price. Award will be a best value decision. The Government intends to award to a responsible offeror whose offer conforms to the solicitation, and provides the Government with the best value. The evaluation and award procedures in FAR 13.106 apply. c) FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (July 2009) with Alt 1 included are to be submitted with your offers. d) FAR 52.212-4 Contract Terms and Conditions-Commercial Items apply to this acquisition. CONTRACT ADMINISTRATION INVOICING REQUIREMENTS (FIRM FIXED-PRICE) Invoices shall be prepared and submitted in accordance with the provisions of FAR Clause 52.232-27,Prompt Payment for Construction Contracts. Invoices, in original and one copy, shall be submitted to the following designated payment office: U.S. Coast Guard YARD P.O. Box 4122 Chesapeake, VA 23317-4122 M/F: Contract Number: * *To be furnished at time of award In addition, one (1) copy of the invoice shall be submitted to the following of the following office at the time the original is submitted: USCG YARD Attn: Aleksandra Stawicka Bldg 58, 2nd Floor, MS 8 2401 Hawkins Point Road Baltimore, MD 21226 Failure to submit directly to this office could delay prompt payment of your invoice. Payments will not be made more frequently than once per month. Invoices must identify the contractor's taxpayer identification number. The following information must be included in each request for progress payment: A. listing of the amount included for work performed by each subcontractor under the contract. A listing of the total amount of each subcontractor under the contract. A listing of the amounts previously paid each subcontractor under the contract. ADDRESS TO MAIL PAYMENTS Offerors desiring payments to be mailed to an address different from the address shown on the SF18 shall insert such address below: (Company Name) __________________________________________ (Street Address) ___________________________________________ (City, County, State, Zip Code) _______________________________ CONTRACT ADMINISTRATION DATA All correspondence except as otherwise specified shall be directed to the following address: U.S. Coast Guard Engineering Logistics Center YARD Acquisition Branch 044 Aleksandra Stawicka CTR Bldg. 58, 2ND Floor, Mail Stop 8 2401 Hawkins Point Road Baltimore, MD 21226-5000 M/F: Contract Number:* *To be furnished at time of award. SPECIAL CONRACT REQUIREMENTS SUBCONTRACT DATA The Contractor shall submit an executed Statement and Acknowledge (SF1413), to the Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This shall be done BEFORE the subcontractor begins work. This form provides an acknowledgment by the subcontractor that mandatory - flow-down contract clause have been included in his contract in accordance with FAR 52.222-11, - Subcontracts (Labor Standards). A copy SF 1413 will be given to the Contractor at time of award. Completing this form creates no contractual relationship between the subcontractor and the Government. 52.228-5 Insurance'Work on a Government Installation (Jan 1997) (a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) For such period as the laws of the State in which this contract is to be performed prescribe; or (2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors proofs of required insurance, and shall make copies available to the Contracting Officer upon request. REQUIREMENT FOR INSURANCE In accordance with the provisions of FAR Clause 52.228-5, - Insurance - Work on a Government Installation, the contractor shall furnish to the Contracting Officer, a certificate of insurance, identified by contract number, as evidence of the existence of the following minimum insurance coverage. Type of Coverage Accident Per Person Per Accident Property Comprehensive General Liability $500,000 Automobile Liability $200,000 $500,000 $20,000 Workmen's Compensation'as required by Federal and State Law. Full insurance coverage in accordance with the U.S. Longshoremen's and Harbor Worker's Compensation Act, 33 USC 901 et seq will be required when a specific project involves operations in or on piers or waterways. All insurance policies shall provide for notice of cancellation and shall be given to the Contracting Officer not less than 30 days before the effective date of such cancellation, and the certificates of insurance shall indicate that the above provision has been included. A certificate of insurance must be presented to the Contracting Officer within five (5) days after award. CONTRACT CLAUSES 52.213-4 Terms and Conditions'Simplified Acquisitions (Other Than Commercial Items). (Mar 2009) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (ii) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246). (iii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (iv) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). (v) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (vi) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (vii) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78). (2) Listed below are additional clauses that apply: (i) 52.232-1, Payments (Apr 1984). (ii) 52.232-8, Discounts for Prompt Payment (Feb 2002). (iii) 52.232-11, Extras (Apr 1984). (iv) 52.232-25, Prompt Payment (Oct 2008). (v) 52.233-1, Disputes (July 2002). (vi) 52.244-6, Subcontracts for Commercial Items (Mar 2009). (vii) 52.253-1, Computer Generated Forms (Jan 1991). (b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.222-19, Child Labor'Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold.) (ii) 52.222-20, Walsh-Healey Public Contracts Act (Dec 1996) (41 U.S.C. 35-45) (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S. Virgin Islands). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (Applies to contracts over $10,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.) (v) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more). (vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.) (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer continental shelf lands.) (vii) 52.223-5, Pollution Prevention and Right-to-Know Information (Aug 2003) (E.O. 13148) (Applies to services performed on Federal facilities). (viii) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR Program or Federal Energy Management Program (FEMP) will be (A) Delivered; (B) Acquired by the Contractor for use in performing services at a Federally-controlled facility; (C) Furnished by the Contractor for use by the Government; or (D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.) (ix) 52.225-1, Buy American Act'Supplies (Feb 2009) (41 U.S.C. 10a-10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition (A) Is set aside for small business concerns; or (B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000). (x) 52.232-33, Payment by Electronic Funds Transfer'Central Contractor Registration (Oct 2003). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the Central Contractor Registration (CCR) database as its source of EFT information.) (xi) 52.232-34, Payment by Electronic Funds Transfer'Other than Central Contractor Registration (May 1999). (Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT information.) (xii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).) (2) Listed below are additional clauses that may apply: (i) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sept 2006) (Applies to contracts over $30,000). (ii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies). (iii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States.) (iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin). (v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination). (c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.com for FAR Clauses http://www.dhs.gov/dhspublic/interapp/editorial/editorial_0378.xml. for HSAR (3052) (d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights (1) Within a reasonable period of time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. ________________________________________________ 52.204-6 Data Universal Numbering System (DUNS) Number. (Oct 2003) 52.204-7 Central Contractor Registration. (July 2006) 52.222-7 Withholding of Funds. (Feb 1988) 52.222-8 Payrolls and Basic Records. (Feb 1988) 52.222-9 Apprentices and Trainees. (July 2005) 52.222-10 Compliance with Copeland Act Requirements. (Feb 1988) 52.222-11 Subcontracts (Labor Standards). (July 2005) 52.222-12 Contract Termination'Debarment. (Feb 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. (Feb 1988) 52.222-14 Disputes Concerning Labor Standards. (Feb 1988) 52.222-15 Certification of Eligibility. (Feb 1988) 52.223-3 Hazardous Material Identification and Material Safety Data. (Jan 1997) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999) Insurance'Work on a Government Installation (Jan 1997) Payments under Fixed-Price Construction Contracts (Sept 2002) 52.232-16 Progress Payments (Apr 2003) Interest (June 1996) Assignment of Claims (Jan 1986) 52.232-27 Prompt Payment for Construction Contracts. (Sept 2005) 52.233-1 Disputes (July 2002) 52.236-1 Performance of Work by the Contractor (Apr 1984) 52.236-2 Differing Site Conditions (Apr 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-4 Physical Data (Apr 1984) 52.236-5 Material and Workmanship (Apr 1984) 52.236-6 Superintendence by the Contractor (Apr 1984) 52.236-7 Permits and Responsibilities (Nov 1991) 52.236-8 Other Contracts (Apr 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) 52.236-10 Operations and Storage Areas (Apr 1984) 52.236-11 Use and Possession Prior to Completion (Apr 1984) 52.236-12 Cleaning Up (Apr 1984) 52.236-13 Accident Prevention (Nov 1991) 52.236-14 Availability and Use of Utility Services (Apr 1984) 52.236-15 Schedules for Construction Contracts (Apr 1984) 52.236-16 Quantity Surveys (Apr 1984) 52.236-17 Layout of Work (Apr 1984) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.236-26 Preconstruction Conference (Feb 1995) 52.242-13 Bankruptcy (July 1995) 52.242-14 Suspension of Work (Apr 1984) 52.243-5 Changes and Changed Conditions. (Apr 1984) 52.244-6 Subcontracts for Commercial Items. (Mar 2007) 52.246-12 Inspection of Construction (Aug 1996) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (May 2004 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.253-1 Computer Generated Forms. (Jan 1991) 3052.222-90 Local hire (USCG) (JUN 2006) 3052.223-90 Accident and fire reporting (USCG) (DEC 2003) 3052.228-90 Notification of Miller Act payment bond protection (USCG) (DEC 2003) 3052.242-71 Dissemination of contract information (DEC 2003) 3052.242-72 Contracting officer's technical representative (DEC 2003) (d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its post acceptance rights (1) Within a reasonable period of time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENT OF BIDDERS 52.204-8 Annual Representations and Certifications (Feb 2009) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is ___236220. (2) The small business size standard is _$31. Million. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies. (2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [ ] (i) Paragraph (c) applies. [ ] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. FAR Clause # Title Date Change ____________ _________ _____ _______ Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA. 52.219-7 Notice of Partial Small Business Set-Aside (June 2003) (a) Definitions. - Small business concern, as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation. (b) General. (1) A portion of this requirement, identified elsewhere in this solicitation, has been set aside for award to one or more small business concerns. (2) Offers on the non-set-aside portion will be evaluated first and award will be made on that portion in accordance with the provisions of this solicitation. (3) The set-aside portion will be awarded at the highest unit price(s) in the contract(s) for the non-set-aside portion, adjusted to reflect transportation and other costs appropriate for the selected contractor(s). (4) The contractor(s) for the set-aside portion will be selected from among the small business concerns that submitted responsive offers on the non-set-aside portion. Negotiations will be conducted with the concern that submitted the lowest responsive offer on the non-set-aside portion. If the negotiations are not successful or if only part of the set-aside portion is awarded to that concern, negotiations will be conducted with the concern that submitted the second-lowest responsive offer on the non-set-aside portion. This process will continue until a contract or contracts are awarded for the entire set-aside portion. (5) The Government reserves the right to not consider token offers or offers designed to secure an unfair advantage over other offerors eligible for the set-aside portion. (c) Agreement. For the set-aside portion of the acquisition, a small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts. 52.225-10 Notice of Buy American Act Requirement'Construction Materials (May 2002) (a) Definitions. - Construction material, - domestic construction material, and - foreign construction material, as used in this provision, are defined in the clause of this solicitation entitled - Buy American Act'Construction Materials (Federal Acquisition Regulation (FAR) clause 52.225-9). (b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of 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 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of 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) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9. (2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on 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 52.225-9, 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 price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 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 52.225-9 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 fore...