MOKUPAPAPA DISCOVERY CENTER PAINTING PROJECT

ITEM 0001 PRIMARY NAICS CODE 238320 INTERIOR PAINTING - 8,000 SQ. FT REQUIRED FOR MOKUPAPAPA DISCOVERY CENTER - HILO, HI 96720 Firm fixed price contract for a construction requirement to paint the interior, second floor of the MDC. All surface preparation and protection, measuring, priming, color-coating and finish work to be included. Location: HILO, HAWAII Painting: Contractor shall provide all labor, equipment and materials necessary to accomplish work detailed in the attached Statement/Scope of Work, included as an attachment, to complete the project for the NOAA PMNM - Papa. Marine National Monument. There will be no travel or reimbursable expenses. Period of Performance: Date of Award to JAN. 31, 2015 MAGNITUDE OF CONSTRUCTION: Less than $25,000 Price Schedule Notes: Item Number 0001 shall include all salaries, overhead, G&A, fringe benefits, insurance, bonding, profit, travel, and materials to include all subcontracting costs. Offeror(s) must submit pricing for the line item in the above schedule. Travel expenses will not be reimbursed. Failure to quote in this manner may result in quote rejection. KEY: JB=Job 1. TYPE OF CONTRACT The Government contemplates award of a firm-fixed-price construction contract. 2. This solicitation for construction and any resulting contract is subject to Federal Acquisition Regulation (FAR) Part 36, Construction and Architect-Engineer Contract. This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular Number 2005-76 effective August 25, 2014. 3. FAR 52.252-4 ALTERATIONS IN CONTRACT (APR 1984) Portions of this contract are altered as follows: To be determined. PART I - SOLICITATION INSTRUCTIONS & REQUIREMENTS PROJECT TITLE: Mokupapapa Discovery Center's Interior Painting Project PROJECT LOCATION: NOAA/Papahanaumokuakea Marine National Monument; Moku. Discovery Center, Suites 202, 203 and 204; 76 Kamehameha Avenue, Hilo Hawaii 96720 GENERAL: The prime contractor may share bidding materials with subcontractors and suppliers as necessary; however, all questions shall be submitted by the prime contractors on behalf of its subcontractors and suppliers. STATEMENT OF WORK: The contractor shall provide all labor, tools, equipment, materials and supplies necessary to perform the work identified in the Statement of Work (SOW) and specifications. CONTRACT SPECIFIC TERMS AND CONDITIONS: A. Construction Magnitude. The magnitude of construction for this project is: [X ] Less than $25,000 [ ] Between $25,000 and $100,000 [ ] Between $100,000 and $250,000 [ ] Between $250,000 and $500,000 [ ] Between $500,000 and $1,000,000 B. Bid Bond: A Bid Guarantee IS NOT required in accordance with FAR 52.228-1. C. Payment and Performance Bonds ARE NOTrequired in accordance with FAR 28.102-2. D. FAR Clause 52.228-13, Alternative Payment Protections (JUL 2000) is NOT applicable. CONTRACT SPECIFIC TERMS AND CONDITIONS: A. Caution: No oral statements made by the contract parties or other interested parties will take precedence over the written terms and conditions of the solicitation or resultant award. B. Questions Regarding the Solicitation and Project: Shall be submitted in writing to Leslie C. Markey, Contract Specialist, via E-mail at leslie.c.markey@noaa.gov. Questions will be accepted up to September 19, 2014, 4:00 PM Pacific Time. The Government is not obligated to answer any questions submitted after this date. C. Furthermore, all questions shall be submitted by the prime contractor(s) on behalf of their subcontractor(s) and supplier(s) to the contract Specialist. Questions submitted by subcontractors and/or suppliers directly to the contract specialist will be rejected and not answered. D. Quotation Date: Quotes are to be submitted via email to the assigned contract specialist/contracting officer by the date and time indicated on Page 2 of this form. E. Quote Acceptance Period: Offers providing less than 30 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected. PERIOD OF PERFORMANCE: Date of Award to January 31, 2015. The contractor shall not commence work until it has been issued a Notice to Proceed (NTP). The award is not the NTP for this contract work. Prior to issuance of an NTP, the contractor shall submit for approval performance and payment bonds; a project schedule showing the date when on-site work will begin; the hours work will be performed, the date the work will be completed, and all required insurance. No work will be performed on Saturdays, Sundays or Federal holidays. SUBMITTALS: 1. Submittals shall be sent to Contracting Officer and Contracting Officer's Representative (COR). Submittals shall be accepted by the COR. 2. On-Site Point of Contact: To be determined at time of award by separate letter. PART II- CONSTRUCTION CLAUSES (FIXED-PRICE) UPDATED THROUGH FAC 2005-76 Effective August 25, 2014. 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 address: https://www.acquisition.gov/far/index.html (End of Clause) CLAUSE NUMBER TITLE DATE 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUL 2013 52.209-6 Protecting The Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment JUL 2013 52.204-13 System for Award Management Maintenance JUL 2013 52.211-13 Time Extensions SEPT 2000 52.217-7 Option for Increased Quantity - Separately Priced Line Item MAR 1989 52.219-6 Notice of Total Small Business Set-Aside NOV 2011 52.219-14 Limitations on Subcontracting NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-6 Davis-Bacon Act MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination - Debarment MAY 2014 52.222-13 Compliance with Davis-Bacon and Related Act Regulations MAY 2014 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-27 Affirmative Action Compliance Requirements for Construction FEB 1999 52.222-36 Affirmative Action for Workers with Disabilities JUL 2014 52.222-50 Combating Trafficking in Persons FEB 2009 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts JUL 2012 52.223-3 Hazardous Material Identification and Material Safety Data (Alternate I) (JUL 1995) JAN 1997 52.223-4 Recovered Material Certification MAY 2008 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts MAY 2008 52.223-18 Contractor Policy to Ban Text Messaging While Driving AUG 2011 52.225-13 Restrictions on Certain Foreign Purchases JUNE 2008 52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance--Work on a Government Installation JAN 1997 52.228-11 Pledge of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit MAY 2014 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-23 Assignment of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts MAY 2014 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration JUL 2013 52.232-39 Unenforceability of Unauthorized Obligations DEC 2013 52.233-1 Disputes (Alternate I - DEC 1991) MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work 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 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.243-5 Changes and Changed Conditions APR 1984 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) APR 1984 52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 Commerce Acquisition Regulation (CAR) CLAUSES INCORPORATED BY REFERENCE 1352.201-70 Contracting Officer's Authority APR 2010 1352.208-70 Restrictions on Printing & Duplicating APR 2010 1352.209-72 Restrictions Against Disclosure APR 2010 1352.209-73 Compliance with the Laws APR 2010 1352.209-74 Organizational Conflict of Interest APR 2010 1352.219-71 Notification to Delay Performance APR 2010 1352.228-72 Deductibles Under Required Insurance Coverage-Fixed Price APR 2010 1352.237-71 Security Processing Requirements - Low Risk Contracts APR 2010 FAR 52.211-10 Commencement, Prosecution and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within 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 150 working days after the date the contractor receives the notice-to-proceed. The time stated for completion shall include final cleanup of the premises. (End of Clause) FAR 52.211-12 Liquidated Damages - Construction (SEP 2000) (a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of _______________________ [Contracting Officer insert amount] for each calendar day of delay until the work is completed or accepted. (b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause. (End of Clause) FAR 52.216-1 Type of Contract (Apr 1984) The Government contemplates award of a firm-fixed-price contract resulting from this solicitation. FAR 52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013) (a) Definitions. As used in this clause- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts- (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/. (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the re-representation was completed: The Contractor represents that it __ is, __ is not a small business concern under NAICS Code ______________ assigned to contract number (to be determined at time of award). [Contractor to sign and date and insert authorized signer's name and title]. (End of clause) FAR 52.222-8 Payrolls and Basic Records (MAY 2014) (a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under paragraph (d) of the clause entitled Davis-Bacon Act, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (b)(1) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29CFR 5.5(a)(3)(1), except that full social security numbers and home addresses shall not be included on weekly transmittals . Instead the payrolls shall only need to include individually identifying number for each employee (e.g.; the last four digits of the employees social security number). The required weekly payroll may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. The Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Contracting Officer, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime Contractor to require a subcontractor to provide addresses and social security numbers to the prime Contractor for its own records, without weekly submission to the Contractor Officer. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify- (i) That the payroll for the payroll period contains the information required to be maintained under paragraph (a) of this clause and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR Part 3; and (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (b)(2) of this clause. (4) The falsification of any of the certifications in this clause may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. (c) The Contractor or subcontractor shall make the records required under paragraph (a) of this clause available for inspection, copying, or transcription by the Contracting Officer or authorized representatives of the Contracting Officer or the Department of Labor. The Contractor or subcontractor shall permit the Contracting Officer or representatives of the Contracting Officer or the Department of Labor to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit required records or to make them available, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (End of clause) FAR 52.225-9 Buy American Act-Construction Materials (MAY 2014) (a) Definitions. As used in this clause- "Commercially available off-the-shelf (COTS) item"- (1) Means any item of supply (including construction material) that is- (i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products. "Component" means an article, material, or supply incorporated directly into a construction material. "Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material. "Cost of components" means- (3) 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 (4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material. "Domestic construction material" means- (1) An unmanufactured construction material mined or produced in the United States; (2) A construction material manufactured in the United States, if- (i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or (ii) The construction material is a COTS item. "Foreign construction material" means a construction material other than a domestic construction material. "United States" means the 50 States, the District of Columbia, and outlying areas. (b) Domestic preference. (1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause. (2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: The following articles have been determined to be nonavailable in accordance with FAR 25.104: Acetylene, black Agar, bulk Anise Antimony, as metal or oxide Asbestos, amosite, chrysotile, and crocidolite Bauxite Bephenium hydroxynapthoate Bismuth Books, trade, text, technical, or scientific; newspapers; pamphlets; magazines; periodicals; printed briefs and films; not printed in the United States and for which domestic editions are not available Cadmium, ores and flue dust Calcium cyanamide Chalk, English Chrome ore or chromite Cinchona bark Cobalt, in cathodes, rondelles, or other primary ore and metal forms Colchicine alkaloid, raw Copra Cork, wood or bark and waste Cover glass, microscope slide Crane rail (85-pound per foot) Cryolite, natural Dammar gum Diamonds, industrial, stones and abrasives Emetine, bulk Ergot, crude Erythrityl tetranitrate Fibers of the following types: abaca, abace, agave, coir, flax, jute, jute burlaps, palmyra, and sisal Goat and kidskins Goat hair canvas Graphite, natural, crystalline, crucible grade Hand file sets (Swiss pattern) Hemp yarn Hyoscine, bulk Ipecac, root Iodine, crude Kaurigum Lac Leather, sheepskin, hair type Lavender oil Manganese Menthol, natural bulk Mica Microprocessor chips (brought onto a Government construction site as separate units for incorporation into building systems during construction or repair and alteration of real\ property) Modacrylic fiber Nickel, primary, in ingots, pigs, shots, cathodes, or similar forms; nickel oxide and nickel salts Nitroguanidine (also known as picrite) Nux vomica, crude Oiticica oil Petroleum, crude oil, unfinished oils, and finished products Platinum and related group metals, refined, as sponge, powder, ingots, or cast bars Quartz crystals Quebracho Quinidine Rabbit fur felt Radium salts, source and special nuclear materials Rubber, crude and latex Rutile Santonin, crude Secretin Shellac Silk, raw and unmanufactured Spare and replacement parts for equipment of foreign manufacture, and for which domestic parts are not available Talc, block, steatite Tantalum Thread, metallic (gold) Tin in bars, blocks, and pigs Triprolidine hydrochloride Tungsten Wax, carnauba Wire glass Woods; logs, veneer, and lumber of the following species: Alaskan yellow cedar, angelique, balsa, ekki, greenheart, lignum vitae, mahogany, and teak Yarn, 50 Denier rayon None________________________________________________ [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. (c) Request for determination of inapplicability of the Buy American Act. (1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including- (A) A description of the foreign and domestic construction materials; (B) Unit of measure; (C) Quantity; (D) Price; (E) Time of delivery or availability; (F) Location of the construction project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause. (iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued). (iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination. (2) If the Government determines after contract award that an exception to the Buy American 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 price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause. (3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with 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: Foreign and Domestic Construction Materials Price Comparison Construction Material Description Unit of Measure Quantity Price (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 and any applicable duty (whether or not a duty-free entry certificate is issued).] FAR 52.228-13 Alternative Payment Protections (JULY 2000) (a) The Contractor shall submit one of the following payment protections: - Irrevocable Letter of Credit - Payment Bond - Certificate of Deposit (b) The amount of the payment protection shall be 100 percent of the contract price. (c) The submission of the payment protection is required within seven (10) calendar days of contract award. (d) The payment protection shall provide protection for the full contract performance period plus a one-year period. (e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties. (f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement. (End of clause) FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any FAR, or CAR (48 CFR 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) CAR 1352.201-70 Contracting Office...