LEAD PAINT AND ASBESTOS ABATEMENT AND REMOVAL OF STRUCTURES

Date: March 31, 2010 TO: Selected Contractors Dear Sirs: USDA Rural Development (RD) has acquired a two story single family residence located at 25 Elm Street, Mayville, NY 14757. There is lead based paint and asbestos contamination in the property and all asbestos must be abated prior to the complete removal of the structure and outbuilding and all related foundation walls and footers and all lead-contaminated soil from the site. Please see the RFQ for further details and specifications. The property has been inspected for lead based paint and asbestos contamination. A copy of the assessment reports are attached showing the amount of contamination and location. USDA RD is requesting quotations from firms engaged in this type of work for removal of the hazard. A purchase order will be issued to the lowest priced responsive and responsible quoter. Enclosed is Standard Form 18, Request for Quotations (RFQ) with Exhibits A through G. If you are interested, you must complete Items 11-18 on Page 1, the price schedule in Page 2 to 3 and the Vendor Confidential Information in Exhibit D. Please keep in mind when preparing your quote that this work falls under the Davis-Bacon Wage Rate Act and that at a minimum you must pay the wage and fringe benefits shown in Exhibit C, Davis-Bacon Wage Rate Determination, and provide certified payroll records before final payment will be made. SUBMIT PAGES 1 THROUGH 21 OF THE RFQ PACKET to USDA-Rural Development, The Galleries of Syracuse, 441 S. Salina St., Fifth Floor, Suite. 357, Syracuse, NY 13202 on or before the 30th of April, 2010. If you desire to visit the property before submitting your quote, please contact Rosemary Smith, RD Specialist, at the local office in Bath, NY at 607-776-7398, Ext. 4 and arrangements will be made to visit the property. Sincerely RICHARD C. BROWER Contracting Officer REQUEST FOR QUOTATIONS (THIS IS NOT AN ORDER) This RFQ is a Small Business-Small Purchase Set-Aside (52.219-4) PAGE OF 1 PAGES 120 1. REQUEST NO. 37-10-002 2. DATE ISSUED 3/31/2010 3. REQUISITION/PURCHASE REQUEST No. 4. CERT. FOR NAT. DEF. UNDER BDSA REG.2 AND/OR DMS REG 1 RATING NA 5A. ISSUED BY USDA, Rural Development The Galleries of Syracuse 6. DELIVER BY (DATE) 4/30/2010 441 S. Salina St., Ste. 357 Syracuse, NY 13202 7. DELIVERY FOB OTHER X Destination 0 (See Schedule) 5B. FOR INFORMATION CALL: RICHARD C. BROWER, CONTRACTING OFFICER (315) 477-6406 9. DESTINATION (Consignee and address, including ZIP Code) 8. TO: NAME AND ADDRESS, INCLUDING ZIP RD Specialist Rosemary Smith USDA, Rural Development 415 West Morris Street Bath, NY 14810 10. PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5A ON OR BEFORE 4/30/2010 11. BUSINESS CLASSIFICATION (Check appropriate boxes) a. STANDARD INDUSTRIAL b. SMALL BUSINESS CLASSIFICATION CODE______________ SIZE STANDARD _________________ OTHER THAN c. 0 SMALL 0 SMALL 0 DISADVANTAGED 0 WOMEN-OWNED IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter. 12. SCHEDULE (Include applicable Federal, State and local taxes) Item No. (a) SUPPLIES/SERVICES (b) QUANTITY (c) UNIT (d) UNIT PRICE (e) AMOUNT (f) 01 Contractor to provide all materials, labor, tools, supplies transportation, landfill arrangements and other items necessary to complete asbestos removal and demolition of a government owned two story single family residence and related outbuildings in accordance with all Federal, State and Local laws. The residence has been inspected for lead based paint and asbestos and contamination has been found to be present. Copies of the lead inspection and asbestos survey results are attached to this RFQ. See Page 2 for Lead Paint and possible Asbestos warnings. Certified abatement workers who have successfully completed a lead based paint and asbestos abatement worker course accredited by the EPA must conduct abatement. A lead based paint and asbestos supervisor certified by EPA must supervise all workers on site. The contractor (and any subcontractors) must be licensed in the State of New York to do the above services. A copy of the Contractor's current license(s) must be attached and returned with this RFQ. LOCATION: 25 Elm Street, Mayville, NY 14757 All work to be completed within 90 days of acceptance of the Purchase Order by the contractor. 13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS % 20 CALENDAR DAYS % 30 CALENDAR DAYS % CALENDAR DAYS % NOTE: Additional provisions and representations 0 are 0 are not attached. 14. NAME AND ADDRESS OF QUOTER (Street, city, county, Sate and ZIP Code) 15. AUTHORIZED SIGNATURE 16. DATE OF QUOTATOIN 17. NAME AND TITLE OF SIGNER (Type or print) 18. TELEPHONE NO. (Include Area Code) NSN 7540-01-152-8085 18-121 STANDARD FORM 18 (REV. 5-93 PREVIOUS EDITION NOT USABLE Prescribed by GSA *U.S. GPO 1993-300-892/60147 FAR (49 CFR) 53.215-a(a) OBJECTIVE USDA, Rural Development requires the services of a company that is EPA Certified to perform lead hazard control services and asbestos removal in New York. The property is an Agency inventory property and all identified lead and asbestos hazards must be abated in accordance with the Residential Lead-Based Paint Hazard Reduction Act of 1992, commonly known as Title X - HUD Rule 1012 and 1013 of Title X, activated in September 2000. The specific reference is Subpart C -Disposition of Residential Property Owned by a Federal Agency Other than HUD, which states - the Federal agency shall abate all identified lead-based paint hazards in accordance with 40 CFR 745.227. Abatement is completed when clearance is achieved in accordance with 40 CFR 745.227. Asbestos removal will be completed in accordance with all Federal, state and local laws and regulations. SERVICES AND PRICES PRICE SCHEDULE The Contractor shall submit a lump sum quote for the removal of asbestos contaminated materials, and then the complete removal of the structure and outbuilding and all related foundation walls and footers and all lead-contaminated soil from the site. The site shall be left in a manner to eliminate all ponding of water and be seeded and mulched. The quoted prices shall include all wages, indirect costs, travel (mileage), asbestos testing, overhead, general and administrative expense, profit, materials, labor, tools, supplies and disposal cost for the following location: USDA Rural Development REO (Real Property Owned), 25 Elm St., Mayville, NY 14757 THE DEMOLITITION PROJECT INCLUDES BUT IS NOT NECESSARILY LIMITED TO THE FOLLOWING SCOPES OF WORK: - Removal of all asbestos contamination per attached asbestos survey from Stohl Environmental, LLC, dated 10/15/09. A clearance of asbestos contamination must be obtained at vendor expense to confirm removal of all hazards. Demolition can then occur. Asbestos contaminated materials will be disposed of as hazardous waste per federal, NYS, and local regulations. - Removal and disposal of all lead based paint bearing materials in accordance with all federal, state and local laws. All required notifications of the various agencies are the contractor's responsibility. - Notify all utilities and make arrangements to properly disconnect and if necessary plug the lines at the mains. - Remove the entire structure and the storage shed to include all walks, foundation walls and footers and dispose of the debris in accordance with all federal, state and local laws. - Remove all obvious lead contaminated soils form the site, rake and remove all debris from demolition work so a final lead based paint clearance assessment test can be obtained. - Provide clean fill dirt to properly backfill all excavated areas to return the site to a condition where it can be maintained and eliminate all areas of standing water. - Lime, fertilize, seed and mulch the entire lot once all work is complete. The cost of all associated exterior/interior Work Area Containment systems, dust controls, the collection, packaging, transport, and disposal of all lead and asbestos containing materials, associated wastes and general construction debris in accordance with all applicable State and Federal regulations and guidelines are to be included the prices stated above. Workers must follow removal requirements as listed under Abatement 24 CFR 35.120(b). Safe Work Practices 24 CFR 35.1350, Worksite Preparation and Containment 24 CFR 35.1345, Worksite Cleanup, 24 CFR 35.1350(c) and Clearance Examination 24 CFR 35.1340. In those areas where soil is removed, replacement topsoil, mulch or similar material will be brought in its place. Contaminated soil, debris, containment materials and lead dust will be properly disposed of using a method that is acceptable to EPA and HUD. Work will be completed using lead and asbestos safe work practices to the extent that clearance is achieved. Final payment will be made once the clearance report states that all lead hazards have been abated. TOTAL COST $____________* *CONTRACTOR IS TO COMPLETE AND TRANSFER TOTAL TO PAGE 1 BLOCK 12f. DESCRIPTION/SPECIFICATIONS/WORK STATEMENT In the performance of the required tasks previously outlined, the Contractor may encounter unforeseen additional work. In this regard, and as set forth in the clause entitled - Changes and Changed Conditions, made a part of this purchase order (contract), the Contractor is further required to: 1. Notify the Contracting Officer of any unforeseen issues prior to proceeding with any work or changes to the work stated here. As detailed in the Changes and Differing Site Conditions clauses the Contractor is not authorized to proceed with any of its recommended jobs until so specifically authorized by the Contracting Officer. Upon agreement as to the work actually required, and any appropriate equitable adjustment in the cost of, or the time required for performing the work, the Contracting Officer will modify the purchase order accordingly. INSPECTION AND ACCEPTANCE 1. INSPECTION AND ACCEPTANCE (AGAR 452-246-70) (FEB 1988) (a) The Contracting Officer or the Contracting Officer's point of contact will inspect and accept the supplies and/or services to be provided under this contract. (b) Inspection and acceptance will be performed at the address of the Contracting Officers point of contact. 2. FINAL INSPECTION: The abatement work will not be considered acceptable until the site passes a lead based paint clearance examination conducted by Stohl Environmental, LLC. Contractor is responsible for contacting Stohl Environmental at telephone (716) 312-0070 to coordinate the clearance examination. The Contractor shall give the Inspector a minimum of seven (7) calendar days advance notice of the date the work will be fully completed and ready for final inspection. USDA, Rural Development will bear the cost of this exam. The contractor must also contact Stohl Environmental, LLC, to complete a re-evaluation of asbestos contamination and obtain clearance prior to demolition work. Payment for the asbestos testing is the contractor's responsibility. The Contractor's responsibility will terminate when all work has been completed, the final inspection made and work accepted by the USDA. The Contractor will then be released from further obligation except as required by the warranty clause of this purchase order, if required, or any other additional warranties offered by the Contractor or its Subcontractors and Suppliers. DELIVERIES, PERFORMANCE AND PAYMENT 1. COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (FAR 52.211-10) (APR 1984) The Contractor shall be required to (a) commence work under this contract within 30 calendar days after the date the Contractor received the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 calendar days after the date the Contractor received the notice to proceed. The time stated for completion shall include final cleanup of the premises. Contractor must provide seven (7) calendar days notice prior to completion of work so arrangements can be made for lead abatement assessment inspection by the RD office in Canton, NY. Cost of lead based paint reassessment report will be borne by Rural Development. 2. PAYMENTS: Payment will be made upon Contractor's completion of the required work, inspection and acceptance of the work by the Contracting Officer's point of contact and submission of a proper invoice by the Contractor. Exhibit A is a sample of the format for a proper invoice. SPECIAL CONTRACT REQUIREMENTS/CLAUSES 1. CONDUCT (FmHA 452.203-70-4d) (August 1990) During the course of this contract, the Contractor will maintain the same high standards of honesty, integrity, impartiality, confidentiality of information, and conduct as Government employees are expected to maintain. The Contractor will not engage in other employment which is incompatible with the duties of this contract. The Contractor will not, directly or indirectly, engage in financial transactions or any kind of business dealings relying on information obtained through the performance of this contract. The Contractor will not have a direct or indirect financial or other interest that conflicts, or appears to conflict, with its responsibilities and duties under this contract. 2. The Contractor shall be liable for any loss from or injury to, any property resulting solely from the Contractor's negligence and/or failure to perform the services provided for herein. 3. The Contractor waives, releases, and discharges the Government from any and all claims, demands, and causes for action for damages to persons(s)/or property which may arise in any manner incident to the execution of this contract, except his/her rightful claim for payment or compensation, as provided herein. 4. CONTRACTOR QUALIFICATIONS: Contractor must possess current certification with the EPA to perform lead hazard control services and asbestos removal in New York State. Certified abatement workers who successfully completed lead-based paint and asbestos removal worker course accredited by EPA must conduct abatement. A lead based paint and asbestos abatement supervisor certified by EPA must supervise all workers on site. 5. The Contractor shall obtain the services of qualified employees in all instances, and the Contractor is responsible for actions or omissions of employees in performance of work under this contract. The Contractor shall not commit, nor permit to commit any waste, or unlawful acts or nuisances upon property assigned. 6. COMPLIANCE WITH CODES: The Contractor will comply with all state, city and local codes, laws, and ordinances in effect at the time of the award of the contract and applicable to such work. This includes, but is not limited to the proper use of equipment, setting up work area in order to contain any lead dust or debris that is created, performing the job using lead and asbestos safe work practices, cleaning as work is performed and proper disposal of all asbestos and lead dust and debris. Contractor shall obtain at his expense, such permits, certificates and licenses as may be required in the performance of the work specified. 7. INSURANCE: Contractor must maintain asbestos and lead insurance coverage of at least one million dollars in addition to general liability insurance and other insurance adequate to cover a business operation. 8. STORAGE: The Contractor may use the premises of the dwelling on which it is working for storage of equipment, tools, and materials. However, USDA, Rural Development assumes no responsibility for any tools, materials, or equipment stored by the Contractor. No combustible materials or other fire hazards shall be left or allowed to accumulate. 9. SANITARY REQUIREMENTS: If the sanitary facilities contained in the dwelling(s) are inadequate or nonfunctional, the Contractor shall provide, at its own expense, adequate sanitary facilities for its workmen. All facilities shall be maintained in a clean and hygienic condition at all times and secured during nonworking hours. 10. MINIMUM STANDARDS: Minimum Property (construction and repair) and Federal Standards specified in RD Instruction 1924-A (available in any USDA, Rural Development Office) are applicable to this contract. 11. SUBSTITUTIONS AND/OR APPROVED EQUAL: Where a particular make, brand, or type or material or equipment is mentioned in the specifications, it is to denote quality standard of article desired, but does not restrict Contractor to brand specified. However, any substitution must meet with the approval of the Contracting Officer or his/her authorized point of contact. If after award the Contractor is unable to obtain specified materials, he/she will request approval of such substitution, in writing, to the CO or CO's Point of Contact. Submittals for approval of substitute materials must contain sufficient information, descriptive brochures, drawings, samples, or other data as is necessary to provide direct comparison to the specified material. 12. BUILDING, SIZE AND DIMENSIONS: RD will not be responsible for any error or variation in the dimensions or sizes in the specifications and drawings. Nor will the Contractor, because of an error or variation, be relieved of his responsibility to carry out the contract in accordance with the true intent and meaning of the specifications. 13. GOVERNMENT FURNISHED MATERIAL: Prospective Contractors and the successful Contractor will contact Rosemary Smith, RD Specialist, USDA-Rural Development, 415 W. Morris St., Bath, NY 14810 at (607) 776-7398 extension 4 to coordinate the following; (a) Keys to premises (The successful Contractor will return all keys to Rural Development at final inspection. (b) Initial plans and specifications, if available. (c) Review of FmHA and RD Instructions (regulations). (d) Necessary posters and forms. 14. POST AWARD CONFERENCE: A post award telephone conference is required. The contractor will contact the Point of Contact in item #13 above to schedule the conference within 48 hours of receipt of the Purchase Order whichever is later. The conference is to be with the appointed Point of Contact. 15. CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (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 (s): http://www.arnet.gov/far/ FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES 52.203-7 Anti-Kickback Procedures Jul 1995 52.204-7 Central Contractor Registration. Oct 2003 52.204-8 Annual Representations and Certifications Jan 2005 52.209-5 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters Dec 2001 52.211-10 Commencement, Prosecution, and Completion of Work Apr 1984 52.211-11 Liquidated Damages-Supplies, Services, or Research and Development Sept 2000 52.213-4 Terms and Conditions - Simplified Acquisitions (Other than Commercial Items) May 2002 52.219-6 Notice of Total Small Business Set-Aside Jul 1996 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation Sep 2000 52.222-5 David-Bacon Act Feb 1995 52.222-7 Withholding of Funds Feb 1988 52.222-8 Payrolls and Basic Records Feb 1988 52.222-9 Apprentices and Trainees Feb 1988 52.222-10 Compliance with Copeland Act Requirements Feb 1988 52.222-11 Subcontracts (Labor Standards) Feb 1998 52.222-12 Contract Termination - Debarment Feb 1998 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 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction Feb 1999 52.222-27 Affirmation Action Compliance Requirements for Construction Feb 1999 52.223-13 Certification of Toxic Chemical Release Reporting Aug 2003 52.223-14 Toxic Chemical Release Reporting Aug 2003 52.225-10 Notice of Buy American Act Requirement-Construction Materials May 2002 52.225-13 Restrictions on Certain Foreign Purchases Dec 2003 52.232-5 Payments under Fixed-Price Construction Contracts Sept 2000 52.232-23 Assignment of Claims Jan 1986 52.232.27 Prompt Payment for Construction Contracts Feb 2002 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration Oct 2003 52.233-2 Service of Protest Aug 1996 52.233-3 Protest after Award Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 52.236-5 Material and Workmanship Apr 1984 52.236-7 Permits and Responsibilities Nov 1991 52.236-13 Accident Prevention Nov 1991 52.236-14 Availability and Use of Utility Services Apr 1984 52.236-28 Preparation of Proposals-Construction Oct 1997 52.242-14 Suspension of Work Apr 1984 52.243-5 Changes and Changed Conditions Apr 1984 AGRICULTURE ACQUISITION REGULATION CLAUSES (FAR Part 12) AGAR Provision 452.219-70 Size Standard and NAICS Code Information Jan 2005 LIST OF ATTACHMENTS Exhibit A - Sample Invoice Format Exhibit B - Buy American Act/Balance of Payment Programs Exhibit C - Department of Labor Wage Determination Exhibit D - Vendor Confidential Information Exhibit E - Asbestos Survey Exhibit F - Lead based Paint Risk Assessment Report Exhibit G - Pictures with dimensions between neighboring housing REPRESENTATIONS AND CERTIFICATIONS 52.204-8 Annual Representations and Certifications. (a)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (b) 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 (b) 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 (b) applies. [ ] (ii) Paragraph (b) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (b) 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. INSTRUCTIONS, CONDITIONS AND NOTICES 1. ALTERATION IN SOLICITATION (FAR 52.252.3)(APR 1984) Portions of this solicitation are altered as follows: The terms - Quotation and - Quoter are substituted for - Offer and - Offeror or - Proposal and - Proposer whenever they occur in this solicitation. 2. DATA UNIVERSAL NUMBERING SYSTEMS (DUNS) (FAR 52.204-6) (JUN 1999) (a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" followed by the DUNS number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet Information Services. (b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A DUNS number will be provided immediately by telephone at no charge to the offeror. For information on obtaining a DUNS number, the offeror, if located within the United States, should call Dun and Bradstreet at 1-800-333-0505. The offeror should be prepared to provide the following information: (1) Company name. (2) Company address. (3) Company telephone number. (4) Line of business. (5) Chief executive officer/key manager. (6) Date the company was started. (7) Number of people employed by the company. (8) Company affiliation. (c) Offeror's located outside the United States may obtain the location and phone number of the local Dun and Bradstreet Information Services office from the Internet home page at http://www.customerservice@dnb.com. If an offeror is unable to locate a local service center, it may send an e-mail to Dun and Bradstreet at globalinfo@mail.dnb.com. 3. PREPARATION AND SUBMISSION OF OFFERS/QUOTATIONS: Offerors/quoters shall prepare and submit their offers as outlined below: a. Offerors/quoters are responsible for examining the solicitation, inserting the requested information in the blanks/blocks provided on the SF 18, the Price Schedule, and the Representations and Certifications. If erasures or other changes appear on the forms, each erasure or change must be initialed by the person signing the offer/quotation. b. Offerors/quoters are to submit one fully executed copy of the solicitation to the address indicated in Block 5A on page 1 of the solicitation. This submission must be received by the closing date indicated in Block 10 on the SF 18 (page 1). Facsimile (FAX) proposals are authorized. Electronic Mail (Email) proposals will only be accepted if the copy shows the original signed signature of the offeror. NOTE: Offerors/quoters that fail to submit the requested information may be determined unacceptable and may not be considered for award. 4. INQUIRIES (AGAR 452.204.71) (FEB 1988) Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award. AWARD BASIS FOR AWARD: The Government will evaluate the responses to this solicitation on the basis of price and any price-related factors specified elsewhere in this solicitation. A purchase order (contract) will be issued to the overall lowest responsive, responsible quoter. Responsibility will be determined in accordance with FAR Subpart 9.1. SAMPLE INVOICE FORMAT EXHIBIT A ________________________ __________________________ Invoice Number Invoice Date Purchase Order No._________________________________________ Payment to be sent to: ______________________________________________________ Name ______________________________________________________ Address ______________________________________________________ Address ______________________________________________________ City State Zip Code Discount/Payment Terms:_____________________ Payment Amount Due:________________________ __________________________________ Contractor's Signature BUY AMERICAN ACT/BALANCE OF PAYMENTS PROGRAM EXHIBIT B 1. BUY AMERICAN ACT - CONSTRUCTION MATERIALS (FAR 52.225-9)(MAY 2002) (a) Definitions. As used in this clause-- "Component" means any article, material, or supply incorporated directly into construction materials. "Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material. "Cost of components" means-- (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. "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, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which non-availability determinations have been made are treated as domestic. "Foreign construction material" means a construction material other than a domestic construction material. "United States" means the 50 States and the District of Columbia, U.S. territories and possessions, Puerto Rico, the Northern Mariana Islands, and any other place subject to U.S. jurisdiction, but does not include leased bases. (b) Domestic preference. (1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) and the Balance of Payments Program by providing a preference for domestic construction material. The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause. (2) This requirement does not apply to the construction material or components listed by the Government as follows: _________________________________________________________________________________ [Contracting Officer to list applicable excepted materials or indicate "none"] (3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-- (i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent; (ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or (iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. Exhibit B Page 2 (c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the requ...