AAWSAP Solicitation and Original Order, September 2008

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(3) Provide a l l empl oyees engaged in performance of t he contract with a copy of t he statement
required by paragraph (b ) ( 1 ) of t his clause;
(4 ) Noti f y such employees in wri ting in t he statement
requi red by paragraph (b) (1) of this clause
t hat , as a
condition of continued empl oyment on t his contract , t he employee will-­
(i ) Abide by the terms of t he statement; and
(ii ) Notify t he employer i n writing of the employee ' ' s
conviction under a cri minal drug statute
for a
violation occurring in the workplace no l ater than 5 days after such conviction;
( 6 ) Within 30 days after receiving notice under subdivision (b ) (4) (ii ) of this clause of a
conviction, t ake one of
t he following actions with respect to any empl oyee who is convicted of a
dr ug abuse violation occurring in the workplace :
(i) Taki ng appropriate personnel action against such empl oyee, up to and incl uding termination;
or
(ii ) Require such employee to satisfactorily partici pate i n a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal , State , or local health, law
enforcement , or other appropriate agency; and
(7 ) Make a good faith effort to maintain a drug-free
workpl ace through impl ementati on of
paragraphs (bl (1 ) through (b) ( 6 ) of t his clause .
(c ) The Cont ract or, if an indivi dual , agrees by award of the contract or acceptance of a purchase
order, not to engage i n t he
unlawful manufacture, distribution , dispensing, possession , or use of a
controlled substance while performi ng this contract .
(d ) I n addition to other remedies available to t he Government ,
t he Contractor ' ' s fai l ure to comply
with the requirements of paragraph (b) or (c) of this clause may, pursuant t o FAR 23 . 506,
render
t he Contractor subject to suspension of contract payments, termination of the contract or default,
and suspension or debarment .
(End of Clause)
I . 53
52 . 225- 10
NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2002 )
(a ) "Definitions . " "Construction material ," "domestic construction materi al," and "foreign
construction mater ial , " as
used in thi s provision, are defined i n t he clause of this solicitation
entitl ed "Buy American Act- Construction Materials "
(Federal Acquisition Regulation (FAR) clause
52 . 225-9) .
(3 ) If the Government det ermines that a particular exception requested in accordance with
paragraph (c ) of t he clause at FAR 52 . 225-9 does not apply, the Government will
evaluat e only
those offers based on use of the equivalent domestic constructi on material , and the offerer shall
be required to f urnish s uch domestic construction material .
An offer based on use of the foreign
constr uction material for which an exception was requested-­
(b) "Requests for determinations of inapplicability ." An
offerer requesting a determination
regarding the i napplicability of the Buy Amer ican Act should submit t he request to t he
Contracting
Officer i n time to all ow a determination before
s ubmission of offers . The offerer shal l include
t he i nfor mat ion
and applicabl e supporting data required by paragraphs (c) and
(d) of the clause
at FAR 52 . 225-9 i n the request . I f an offerer has not requested a determinati on regarding t he
i napplicability of t he Buy American Act before s ubmitting its offer, or has not
received a response
t o a previ ous request, t he offer er shall
i nclude the i nformat i on and supporting data i n t he offer .
(2 ) If an alternate offer is submitted, the offerer shall submit a separate Standard Form
1442 for the a l ternate offer, a nd a separate price comparison t able prepared
i n 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 appli es .
(c) "Evaluation of offers ."
(1 ) The Government wil l eval uate an offer requesting
exception to the requirements of the Buy
American Act ,
based on claimed unreasonable cost of domestic
construction material, by adding t o
the offered price the appropri ate percentage of t he cost of such foreign construction material, as
specifi ed i n paragraph
(b ) (3 ) (i ) of the clause at FAR 52 . 225-9 .
(2 ) If evaluation results in a tie between an offerer t hat requested t he substi tution of foreign
construction material based on unreasonable cost and an offerer that did not request an exception,
the Contract i ng Officer will award to the offerer that did not request an
excepti on based on
unreasonabl e cost .
(d) "Alternate offers . "
(1 ) When an offer incl udes foreign construction material not l isted by the Government in thi s
sol icitation i n
paragraph (b) (2) of t he c l ause at FAR 52.225- 9, t he
offerer also may submit an
alternate offer based on use of equivalent domestic constructi on material .
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(i i) May be accepted i f revised during negotiations .
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