ADMIN BLDGS, FIRE PROTECTION IMPRVS (PH V), CAMP H.M. SMITH
(4) Geographical area in which the subcontract is to be performed.
e. As used in this Notice, and in any contract resulting from this
solicitation, the "covered area" is [_____].
FAR 52.225-12, NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION
MATERIALS (MAY 1997) ALTERNATE I (MAY 1997)
(a) Offerors are required to comply with the requirements of Federal
Acquisition Regulation (FAR) clause 52.225-5, Buy American
Act--Construction Materials, of this solicitation. The terms "construction
material" and "domestic construction material," used in this provision,
have the meanings set forth in FAR clause 52.225-5.
(b) Offerors should request a determination regarding the inapplicability
of the Buy American Act in time to allow determination before submission of
offers. For evaluation of a request for a determination regarding the
inapplicability of the requirements of the Buy American Act prior to the
time set for receipt of offers, the information and applicable supporting
data required by paragraphs (c) and (d) of FAR clause 52.225-5 shall be
included in the request. If an offeror has not requested a determination
regarding the inapplicability of the Buy American Act prior to submission
of its offer, or has not received a response to a request made prior to
submission of its offer, the information and supporting data shall be
included in the offer.
(c) Evaluation of offers. (1) For evaluation of offers, (unless agency
regulations specify a higher percentage) the Government will add to the
offered price 6 percent of the cost of any foreign construction material
proposed for exception from the Buy American Act based on claimed
unreasonable cost of domestic construction materials in accordance with
paragraph (b)(3)(i) of FAR clause 52.225-5.
(2) If the evaluation of offers results in a tie between an offer
including such foreign construction material excepted on the basis of
unreasonable cost, as evaluated, and an offer including solely domestic
construction material listed in the solicitation at paragraph (b)(2) of
FAR clause 52.225-5, or subsequently excepted in accordance with
paragraphs (b)(3)(ii) or (iii) of FAR clause 52.225-5, award shall be
made to the offeror that submitted the latter offer.
(d) Alternate offers. (1) When an offer includes foreign construction
material not listed by the Government in the solicitation at paragraph
(b)(2) of FAR clause 52.225-5, offerors also may submit alternate offers
based on the use of equivalent domestic construction material.
(2) If alternate offers are submitted, a separate Standard Form 1442
shall be submitted for each alternate offer, and a separate price
comparison table, prepared in accordance with paragraphs (c) and (d) of
FAR clause 52.225-5, shall be submitted for each offer that is based on
the use of any foreign construction material of which the Government
has not yet determined an exception to apply.