RFP Part 1 - 5

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Controls Upgrade Building 6401NBK –Bangor, Silverdale, WA.F95FYRCost of components means--1) For components purchased by the Contractor, the acquisition cost, including transportation costs to theplace of incorporation into the construction material (whether or not such costs are paid to a domesticfirm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) Forcomponents 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 overheadcosts, but excluding profit. Cost of components does not include any costs associated with themanufacture of the construction material.Designated country means any of the following countries:(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium,Bulgaria,Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong,Hungary,Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg,Malta,Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden,Switzerland, or United Kingdom);(2) Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Dominican Republic, El Salvador,Guatemala, Honduras, Mexico, Morocco, Nicaragua, or Singapore);(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi,Cambodia,Cape Verde, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, EastTimor,Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho,Madagascar,Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome andPrincipe, Senegal,Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia);or(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, British VirginIslands,Costa Rica, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Netherlands Antilles, St. Kitts andNevis, St. Lucia, St. Vincent and the Grenadines, or Trinidad and Tobago).Designated country construction material means a construction material that is a WTO GPA countryconstruction material, an FTA country construction material, a least developed country constructionmaterial, or a Caribbean Basin country construction material.Domestic construction material means--(1) An unmanufactured construction material mined or produced in the United States; or(2) A construction material manufactured in the United States, if the cost of its components mined,produced, or manufactured in the United States exceeds 50 percent of the cost of all its components.<strong>Part</strong> 1 - Page 28 of 37
Controls Upgrade Building 6401NBK –Bangor, Silverdale, WA.F95FYRComponents of foreign origin of the same class or kind for which nonavailability determinations havebeen made are treated as domestic.Foreign construction material means a construction material other than a domestic construction material.Least developed country construction material means a construction material that--(1) Is wholly the growth, product, or manufacture of a least developed country; or(2) In the case of a construction material that consists in whole or in part of materials from anothercountry, has been substantially transformed in a least developed country into a new and differentconstruction material distinct from the materials from which it was transformed.United States means the 50 States, the District of Columbia, and outlying areas.WTO GPA country construction material means a construction material that--(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or(2) In the case of a construction material that consists in whole or in part of materials from anothercountry, has been substantially transformed in a WTO GPA country into a new and different constructionmaterial distinct from the materials from which it was transformed.(b) Construction materials. (1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) byproviding a preference for domestic construction material. In addition, the Contracting Officer hasdetermined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore,the Buy American Act restrictions are waived for designated country construction materials.(2) The Contractor shall use only domestic or designated country construction material in performing thiscontract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.(3) The requirement in paragraph (b)(2) of this clause does not apply to the construction materials orcomponents listed by the Government as follows: none.(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) ofthis clause if the Government determines that-- (i) The cost of domestic construction material would beunreasonable. The cost of a particular domestic construction material subject to the restrictions of the BuyAmerican Act is unreasonable when the cost of such material exceeds the cost of foreign material bymore than 6 percent; (ii) The application of the restriction of the Buy American Act to a particularconstruction material would be impracticable or inconsistent with the public interest; or (iii) Theconstruction material is not mined, produced, or manufactured in the United States in sufficient andreasonably 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)(4) ofthis clauseshall include adequate information for Government evaluation of the request, including--(A) A description of the foreign and domestic construction materials;(B) Unit of measure;<strong>Part</strong> 1 - Page 29 of 37
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RFP Part 1 - 5

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