12_31125PR260000858RFQPKG.docx

YOU MUST RETURN ONE (1) COMPLETE COPY OF THE ENTIRE SOLICITATION PACKAGE (SF-18, AND SECTIONS B-M, PLUS THE REFERENCE SHEET). PLEASE EMAIL YOUR QUOTE TO THE ADDRESS LISTED IN BLOCK 5A OR B OF SF-18. THE SF-18 IS FOUND IN SECTION J-3.

DO NOT CALL TO INQUIRE IF YOUR BID HAS BEEN RECEIVED AS THIS INFORMATION WILL NOT BE RELEASED.

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B-1. Base Quote: Provide all necessary labor, material, tools, equipment, supervision and transportation required to provide the installation of a shed foundation pad at U.S. Coast Guard Housing unit, Guilford, CT 06437-3674.

All work shall be performed in accordance with the Scope of Work in Section J and the clauses and provisions incorporated herein.

Base Quote: $____________________________ (Please insert the bid amount in Block 11(f), SF-18, Page 1).

NOTE: All quotes shall include taxes – no tax exemption certificate will be issued.

Note: Please insert your UEI and Taxpayer I.D. numbers below:

SAM Unique Entity ID:__________________

TAX ID NUMBER:________________________

CAGE CODE:______________________

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C-1. See the Scope of Work in Section J.

SECTION D - PACKAGING AND MARKING

D-1. All correspondence, submittals, emails etc. shall be marked with the solicitation number, 70Z02426Q0000858.

SECTION E - INSPECTION AND ACCEPTANCE

A. FEDERAL ACQUISITION REGULATION (48 CFR, CHAPTER 1) CLAUSES

E-1. FAR 52.246-12 Inspection of Construction (AUG 1996).

SECTION F – DELIVERIES OR PERFORMANCE

A. FEDERAL ACQUISITION REGULATION (48 CFR, CHAPTER 1) CLAUSES

F-1. 52.211-10 Commencement, Prosecution, and Completion of Work.

As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.

COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within _________ [Contracting Officer insert number] 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 ______________.* The time stated for completion shall include final cleanup of the premises.

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause) Alternate I (APR 1984). If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by _______________ [Contracting Officer insert date]. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

Parent topic: 52.211 [Reserved]

There is no Phasing in this project.

G-1. DESIGNATED BILLING OFFICE AND INVOICE PROCEDURES

INVOICE SUBMISSION PROCEDURES:

(a) WHEN TO SUBMIT: The contractor must first:

(1) Receive a fully executed purchase order, contract, delivery order or task order

(2) Provide the requirements, and

(3) Have ACTIVE status in the System for Award Management (SAM) at https://www.sam.gov

(b) INVOICE CONTENT: Each invoice must contain the following information:

(1) Invoice Date

(2) Proper Invoice Number

(3) Purchase Order Number or Contract Number or Contract and Delivery/Task Order Number

(4) Contractor’s Name

(5) Contractor’s Address

(6) Contractor’s DUNS

(7) Contracting Officer’s Name

(8) Contracting Officer’s Representative’s (COR’s) Name (if applicable)

(9) Invoice Routing Code (IRC) assigned by the Coast Guard as follows: Routing code is BASEBOST. Submit proper invoices associated with this award through the Invoice Processing Platform (IPP) at https://www.ipp.gov/

(10) Period of Performance for Work Invoiced

(11) Contract Line Item Number(s) (CLIN(s)) and Description (if applicable)

(12) CLIN units for the period (if applicable), CLIN rate (if applicable), CLIN Total (if applicable)

(13) Invoice Total

(14) Discount Offerings

(15) Status as a Small Business (if applicable) for accelerated payment

(16) The last invoice submitted for this award must be clearly labeled with “FINAL INVOICE.”

(17) NOTE: A request for payment is proper if it includes the items required by the clause at FAR 52.232-25, Prompt Payment [(a)(3)(i) through (a)(3)(ix), with common items captured in the list above] and those items are accurate. If a request for payment does not include all the items required by the clause at FAR 52.232-25, Prompt Payment, or any information is inaccurate, then the request is not proper and will be returned to the contractor with a statement of the reason(s) it is not proper.

(c) HOW TO SUBMIT:

(1) You will submit proper invoices associated with this award through the Invoice Processing Platform (IPP) at https://www.ipp.gov/. IPP is a secure web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis (FRSTL). IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency.

Actions to take:

If you are already enrolled in IPP:

If your company is already registered to use IPP, you will not be required to re-register and you do not need to contact IPP.

If you are NOT already enrolled in IPP:

The point of contact you provided in your SAM.gov registration will receive two emails from ipp.noreply@mail.eroc.twai.gov. Please note that emails from this email address may filter into your spam or junk folder:

1. The first email will have the IPP Logon ID and a link to the IPP application.

1. A second email, which will be sent within 24 hours of the first email, contains a temporary password.

Once your contact receives these emails, please ensure they log into IPP and complete the registration process.

Once registered to use IPP, your company may submit invoices electronically, receive e-mail notifications when requests are paid, view payment history, and access remittance downloads. The e-mail notification of payment is sent when a payment is distributed to your bank account and may include the following payment information: Date of payment, dollar amount, invoice number, paying agency, payee name, and ACH trace number.

Vendor training materials, including a first time login tutorial, are available on the https://www.ipp.gov/ website. Once you have logged in to the IPP application, you will have access to user guides that provide step-by-step instructions for all IPP capabilities, ranging from creating and submitting an invoice to setting up email notifications. Live webinars are held monthly and provide a great opportunity to learn the basic of the system and to call in and ask the IPP team questions about the IPP application.

IPP Customer Support is available to assist users of the system and can answer your questions related to accessing IPP or completing the registration process.

· Toll-free number: 866-973-3131

· Email address: IPPCustomerSupport@fiscal.treasury.gov

· Hours of operation: Monday through Friday (excluding bank holidays) from 8:00 am - 6:00 pm ET

** If you have task orders with other USCG offices, the Invoice Routing Code (IRC) must be changed to reflect the code for that office. **

(2) The contractor must email the invoice and supporting documentation to include the invoice receipt generated by FINCEN from step (c)(1) above. Failure to email the invoice and supporting documentation to the following contacts may result in invoice rejection or delay in payment:

Contracting Officer (KO): Beverly.a.primm@uscg.mil Project Contracting Officer’s Representative (COR): Coyet.a.carter@uscg.mil

(b) In addition to the items required for submission of a proper invoice under FAR 52.232-5 and 52.232-27, each invoice shall contain the following information:

(1) Contracting Order Number:

(2) Advance Copy of Invoice: (sent to KO and COR)

(3) Annotation of contractor’s small business representation for accelerated payment purposes

(g) In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received:

(1) On the later of:

(i) For invoices that are mailed or transmitted via facsimile, the date a proper invoice is actually received by designated billing office and annotates the invoice with date of receipt at the time of receipt.

(ii) For invoices electronically transmitted by the contractor via web based submission, the date of a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or

(iii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless—

(a) The agency has actually accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; or

(b) A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date;

(2) On the date placed on the invoice by the contractor, when the agency fails to annotate the invoice with the date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or

(3) On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice.

(4) Web based submission by the contractor and receipt confirmation does not reflect Government review or acceptance of the invoice.

G-2. The contract states that all progress and final payments are processed on a 30-day payment schedule. (However, in accordance with the OMB Memo M-11-32 “Accelerating Payments to Small Businesses for Goods and Services”, the Coast Guard shall make payments as soon as practicable, or within 15 days after receipt of a proper invoice, whichever is sooner, provided that all proper documentation is received. Establishment of this policy does not change the application of the Prompt Payment Act’s late payment interest penalty provisions. The Coast Guard shall not pay interest penalty if it makes the payment after 15 days, but not later than 30 days, unless otherwise agreed upon.)

G-3. NOTE: This contract incorporated FAR Clause 52.232-33, Payment by Electronic Funds Transfer – System for Award Management (OCT 2018). All contractors doing business with the U.S. Government are required to register in this database. No payment can be made until you are registered. You can register online via System for Award Management (SAM) accessed through https://www.sam.gov

The Unique Entity ID (generated by SAM.gov) is the primary identifier in System for Award Management (SAM). Contractors are located and identified in SAM by their Unique Entity ID. Therefore, the Unique Entity ID shall be inserted recorded on every invoice submitted to the U. S. Coast Guard.

G-4. CORRESPONDENCE

All correspondence, emails, invoices, etc. shall be sent directly to the address below. The COR shall also be “copied” on all emails or other correspondence pertaining to the contract.

NOTE: The contract number, 70Z02426PBOSTXXXX, shall appear in the subject line of all correspondence and emails.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1. The estimated range of this procurement is less than $25,000.

H-2. REQUIRED INSURANCE.

(1) Within 15 calendar days after the award of this contract or prior to commencing work, whichever occurs first, the contractor shall furnish the Contracting Officer a certificate of insurance as evidence of the existence of the following insurance coverage in amounts not less than the amounts specified below in accordance with FAR 52.228-5, Insurance - Work on a Government Installation. (JAN 1997) Contractor shall maintain insurance coverage throughout the period of this contract performance. Other requirements and information are contained in the aforementioned insurance clause.

TYPE AMOUNT

Worker's Compensation Per State Law “Comply with applicable Federal and State worker’s compensation and occupational disease statutes.”

Employer's Liability Insurance:

General Liability-Comprehensive Bodily Injury $500,000 per occurrence Automobile Liability

"Comply with applicable Federal and State worker's compensation and occupational disease statutes."

H-3. MODIFICATION PROPOSALS – PRICE BREAKDOWN.

(a) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the Contracting Officer, with any proposal for a contract modification.

(b) The price breakdown--

1. Must include sufficient detail to permit an analysis of profit, and of all costs for--

(i) Material

(ii) Labor

(iii) Equipment

(iv) Subcontracts; and

(v) Overhead and Profit

2. Must cover all work involved in the modification, whether the work was deleted, added or changed.

(c) The contractor shall provide similar price breakdown to support any amounts claimed for subcontracts.

(d) The contractor's proposal shall include justification for any time extension proposed.

G-4. 52.236-6 Superintendence by the Contractor.

As prescribed in 36.101-7(a), insert the following clause:

SUPERINTENDENCE BY THE CONTRACTOR (AUG 2025) (DEVIATION 25-15)

During performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on site a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

(End of clause) The superintendent cannot be designated for more than one contract while on-site work is being performed. (The superintendent and alternate shall be an employee of the prime contractor). The profile/summary shall include an outline of the superintendent’s qualifications and the extent of his authority. (DO NOT submit this information in the Safety Plan.) This information shall be submitted to the Contracting Officer and COR, in writing, within TEN DAYS from issuance of the Award letter.

Special Notice: The Superintendent and Alternate shall have the ability to speak, read and write English fluently.

G-5. FIELD OFFICE: Office space and telephone service required for the Contractor's operations shall be the responsibility of the Contractor.

G-6. GREEN PURCHASING UNDER DHS CONSTRUCTION CONTRACTS

Pursuant to Executive Orders 13423, Strengthening Federal Environmental, Energy and Transportation Management, and 13514, Federal Leadership in Environmental, Energy and Economic Performance, the Department of Homeland Security (DHS) is committed to managing its facilities in an environmentally preferable manner that will promote the natural environment and protect the health and well being of its Federal employees and contractor service providers. In the performance of work under this contract, the Contractor shall exert its best efforts to provide its services in a manner that will promote the natural environment and protect the health and well being of Federal employees, contract service providers and visitors using the facility. Green purchasing or environmentally preferable contracting has several interacting initiatives which are described at the following Government or Industry Internet sites:

Recycled Products are described at: http://epa.gov/cpg Biobased Products are described at: http://www.iopreferred.gov/ Energy efficient products are at: http://energystar.gov/products for Energy Star products.

Energy efficient products are at: http://www.eere.energy.gov/femp/procurement for FEMP designated products.

Environmentally Preferable Computers are at: http://www.epeat.net Non-Ozone Depleting Alternative Products are at: http://www.epa.gov/ozone/strathome.html Water efficient plumbing products are at: http://epa.gov/watersense

To the extent that the services provided by the Contractor require provision of any of the above types of products, the Contractor is expected to provide the environmentally preferable type of product unless that type of product is not available competitively within a reasonable time, at a reasonable price, is not life cycle cost efficient in the case of energy consuming products or does not meet reasonable performance standards. The clauses at Federal Acquisition Regulation (FAR) 52.223-2, Affirmative Procurement of Biobased Products under Service and Construction Contracts, 52.223-15 reserved, Energy Efficiency in Energy Consuming Products, and 52.223-17 reserved, Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts, contained in this contract, require the use of products that have biobased content, are energy efficient, or have recycled content. In case of an apparent inconsistency between this provision and any specification elsewhere in the contract, consult the Contracting Officer for resolution.

PART II - CONTRACT CLAUSES

SECTION H - CONTRACT CLAUSES

H-1. 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/these address(es):

https://www.acquisition.gov/

FEDERAL ACQUISITION REGULATION (48 CFR, CHAPTER 1) CLAUSES:

52.203-5 Covenant Against Contingent Fees. (May 2014) 52.203-7 Anti-Kickback Procedures. (Jun 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (Nov 2023) 52.204-8 Annual Representations and Certifications (Mar 2026)

52.204-9 Personnel Identity Verification of Contractor Personnel (Jan 2011).

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (AUG 2025) (DEVIATION 25-19) (EFFECTIVE NOV 28,2025).

52.204-13 System for Award Management Maintenance (AUG 2025) DEVIATION 25-

19) (EFFECTIVE NOV 28,2025).

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications. (Dec 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. (Dec 2023) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation. (Nov 2025) (DEVIATION 25-27) (EFFECTIVE NOV 28,2025) 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (Oct 2025) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Mar 2026)

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (Oct 2025) (DEVIATION 26-01) (EFFECTIVE NOV 28,2025) 52.215-8 Order of Precedence -- Uniform Contract Format (Oct 2025) (DEVIATION

26-08) (EFFECTIVE NOV 28,2026)

52.219-6 Notice of Total Small Business Set-Aside (OCT 2025) (DEVIATION 26-03)

(EFFECTIVE NOV 28, 20250.

52.219-14 Limitations on Subcontracting (Oct 2025) (Deviation 26-03) (effective Nov 28, 2025) 52.219-28 Post-Award Small Business Program Representation (Oct 2025) (Deviation 26-03) (effective Nov 28,2025.

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 238330 assigned to the provided contract.

[Contractor to sign and date and insert authorized signer's name and title].

Authorized signature/title Date

52.222-6 Construction Wage Rate Requirements (Oct 2025) (Deviation 26-10) (effective Nov 3,2025) 52.222-7 Withholding of Funds (MAY 2014).

52.222-8 Payrolls and Basic Records (JUL 2021).

52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988).

52.222-11 Subcontracts (Labor Standards) (Oct 2025) (Deviation 26-10) (effective Nov 3, 2025) 52.222-12 Contract Termination-Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY 2014).

52.222-14 Disputes Concerning Labor Standards (FEB 1988).

52.222-15 Certification of Eligibility (MAY 2014).

52.222-27 Affirmative Action Compliance Requirements for Construction

(APR 2015).

52.222-50 Combating Trafficking in Persons. (Deviation Date) 52.222-50 Alternate I (Oct 2025) (DEVIATION 26-10) (effective November 3, 2025) 52.223-1 Biobased Product Certification (Oct 2025) (DEVIATION 26-12) (effective November 28, 2025) 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts Oct 2025) (DEVIATION 26-12) (effective November 28, 2025) 52.223-3 Hazardous Material Identification and Material Safety Data Oct 2025) (DEVIATION 26-12) (effective November 28, 2025) 52.223-10 Waste Reduction Program (MAY 2024) (DEVIATION FEB 2025) 52.223-23 Sustainable Products and Services (Oct 2025) (DEVIATION 26-12) (effective November 28, 2025) 52.227-17 Rights in Data -- Special Works (Dec 2007) 52.228-2 Additional Bond Security (OCT 1997).

52.228-11 Individual Surety-Pledges of Assets (FEB 2021).

52.228-12 Prospective Subcontractor Requests for Bonds (DEC 2022).

52.228-13 Alternative Payment Protections (Jul 2000)

(a) The Contractor shall submit one of the following payment protections:

52.228-14 Irrevocable Letter of Credit (NOV 2014).

52.228-15 Performance and Payment Bonds - Construction (JUN 2020).

52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014).

52.232-18 Availability of Funds (APR 1984).

52.232-23 Assignment of Claims (MAY 2014).

52.232-27 Prompt Payment for Construction Contracts (Jan 2017).

The due date for making PROGRESS AND FINAL PAYMENTS shall be 30 days after receipt of a proper payment request by the designated billing office.

52.232-39 Unenforceability of Unauthorized Obligations. (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

(Mar 2023) 52.233-3 Protest after Award. (AUG 2025) (DEVIATION 25-25) (effective November 3, 2025) 52.233-3 Alternate I (AUG 2025) (DEVIATION 25-25) (effective November 3, 2025) 52.233-4 Applicable Law for Breach of Contract Claim. (AUG 2025) (DEVIATION 25-

25) (effective November 3, 2025) 52.236-2 Differing Site Conditions (AUG 2025) (DEVIATION 25-15) 52.236-3 Site Investigation and Conditions Affecting the Work (AUG 2025)

(DEVIATION 25-15).

52.236-5 Material and Workmanship (AUG 2025) (DEVIATION 25-15).

52.236-6 Superintendence by the Contractor (AUG 2025) (DEVIATION 25-15).

52.236-7 Permits and Responsibilities (AUG 2025) (DEVIATION 25-15).

52.236-8 Other Contracts (AUG 2025) (DEVIATION 25-15).

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (AUG 2025) (DEVIATION 25-15).

52.236-10 Operations and Storage Areas (AUG 2025) (DEVIATION 25-15).

52.236-11 Use and Possession Prior to Completion (AUG 2025) (DEVIATION 25-15).

52.236-12 Cleaning Up (AUG 2025) (DEVIATION 25-15).

52.236-13 Accident Prevention (AUG 2025) (DEVIATION 25-15).

52.236-14 Availability and Use of Utility Services (AUG 2025) (DEVIATION 25-15).

52.236-15 Schedules for Construction Contracts (AUG 2025) (DEVIATION 25-15).

52.236-17 Layout of Work (AUG 2025) (DEVIATION 25-15).

52.236-21 Specifications & Drawings for Construction (AUG 2025) (DEVIATION 25- 15).

52.236-26 Preconstruction Conference (FEB 1995).

52.242-14 Suspension of Work (APR 1984) 52.243-5 -- Changes and Changed Conditions. (Apr 1984) 52.244-6 Subcontracts for Commercial Products and Commercial Services. (September 2025) (effective November 28, 2025) 52.246-21 Warranty of Construction (MAR 1994).

52.248-3 Value Engineering--Construction (OCT 2025).

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984).

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, and paragraph (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Components shall not consider or use these representations.

H-2. DEPARTMENT OF HOMELAND SECURITY ACQUISITION REGULATION

(48 CFR, CHAPTER 30 CLAUSES):

3052.211-70 Index for Specifications (DEC 2003).

3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (DEC 2003).

3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (DEC 2003).

3052.223-70 Removal or Disposal of Hazardous Substances – Applicable Licenses and Permits (JUN 2006).

The contractor shall complete the following:

The Contractor certifies that it has [ ] does not have [ ] all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services.

3052.223-90 Accident and Fire Reporting (DEC 2003).

3052.228-70 Insurance (DEC 2003).

3052.242-72 Contracting Officer’s Technical Representative (DEC 2003).

H-3. 52.225-9 Buy American-Construction Materials.

As prescribed in 25.602(a), insert the following clause:

Buy American-Construction Materials (Oct 2025) (Deviation 26-09) (effective November 28,2025)

(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 product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (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 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"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 construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if–

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. 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 product or to the construction materials 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.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1) The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.

(1) The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

(ii) The application of the restriction of the Buy American statute 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 statute.

(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 statute 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 statute applies, use of foreign construction material is noncompliant with the Buy American statute or Balance of Payments Program.

(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

Item 1:

Item 2:

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.]

(End of clause) Alternate I (Oct 2022). As prescribed in 25.602(a)(3) substitute the following sentence for the first sentence in paragraph (1)(ii)(A) of the definition of “domestic construction material” in paragraph (a):

(A) The cost of its components mined, produced, or manufactured in the United States exceeds __ percent of the cost of all its components. [ Contracting officer to insert the percentage. ] has context menu

I-4. HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH

CORPORATE EXPATRIATES (JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

52.236-28 Preparation of Proposals-Construction As prescribed in 36.520 , insert the following provision:

PREPARATION OF PROPOSALS-CONSTRUCTION (OCT 1997)

(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms; and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including-

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words "no proposal" in the space provided for any item on which no price is submitted.

(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.

(End of provision) Parent topic: 52.236 [Reserved]

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision:

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

_____________________________________________ _____________________________________________ _____________________________________________ [Insert one or more Internet addresses] (End of provision) 52.204-7 System for Award Management—Registration.

As prescribed in 4.208(b)(1), insert the following provision:

System for Award Management—Registration (AUG 2025) (DEVIATION 25-19) (effective November 28, 2025) The Offeror shall have an active Federal Government contracts registration in the System for Award Management (SAM) when submitting an offer or quotation in response to this solicitation and at the time of award. As part of the SAM registration process, the Government collects information, as described in paragraphs (b) through (d) of this provision, that is necessary to identify the Offeror and for the Offeror to be awarded Federal Government contracts. To register in SAM, go to https://www.sam.gov. Allow for processing time when registering in SAM. If the Offeror is not registered in SAM, it should register immediately after receiving this solicitation.

(a) Definitions. As used in this provision— Commercial and Government Entity (CAGE) code has the meaning provided in the clause at the Federal Acquisition Regulation (FAR) 52.204-13, System for Award Management—Maintenance, of this solicitation.

Electronic Funds Transfer (EFT) indicator means a bank account identifier to establish additional System for Award Management records for identifying alternative EFT accounts (see part 32) for the same entity.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest-level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. There may be more than one immediate owner (e.g., joint ventures).

Predecessor means an entity whose assets were acquired by the offeror or another entity (most often through merger or acquisition) and whose affairs are now carried out by the offeror or the other entity under a new name.

Taxpayer identification number means the number required by the Internal Revenue Service (IRS) to be used by the offeror to report income tax and other returns. It may be either a Social Security Number or an Employer Identification Number.

Unique entity identifier (UEI) has the meaning provided in the clause at FAR 52.204-13, System for Award Management—Maintenance, of this solicitation.

(b) Identifiers. The Offeror shall obtain and provide the following identifying information:

(1) Unique entity identifier (UEI).

(i) The Offeror shall obtain a UEI to register in SAM. The Government will independently validate the existence and uniqueness of the…