1240LU26Q0025 Attachment 1 -Solicitation Powell Duplex Improvements.pdf

GAOA Powell Duplex Improvements

1240LU26Q0025

Description

This is a combined synopsis/solicitation for commercial construction prepared in accordance with the format in FAR Part 12. This announcement constitutes the only solicitation; quotes are being requested, and a separate written solicitation will not be issued.

Solicitation number 1240LU26Q0025 is issued as a Request for Quotation (RFQ) for the Powell

Duplex Improvements on the Nez Perce-Clearwater National Forest in Idaho.

This acquisition is set-aside for small business concerns. The applicable North American Industry

Classification System (NAICS) Code is 236118. The small business size standard is $45 Million.

This acquisition is a Total Small Business Set-Aside. All responsible sources may submit a quotation which will be considered by the agency.

All Contractors must be registered in the System for Award Management (www.SAM.gov) at time of submission of a quote. Contractors are responsible for following all submission instructions (See

Pages 25-26) and to ensure delivery of all required documents by the date and time set for receipt of quotes (see Page 25).

Bid Bond/Offer Guarantee (FAR 52.228-1): 20% required if quote in excess of $150,000.

Performance & Payment Bonds (FAR 52.228-15): Both required at 100% of original contract price if value in excess of $150,000, due 10 days after award.

Magnitude Of Construction Project: The Government's estimate is between $250,000 and

$500,000.

Attachment 1 - Solicitation Terms and Conditions

Powell Duplex Improvements

Lochsa-Powell Ranger District

Nez Perce – Clearwater National Forest

Idaho County, Idaho

STATEMENT OF REQUIREMENT

The project consists of removing and replacing the existing roof(s), water damaged Structurally

Insulated Panels (SIP), some structural members in the roof and walls of an existing residential duplex. The existing demolished materials shall be disposed of off Forest Service lands in accordance with all State and federal laws. The Contractor shall provide all materials and labor necessary to complete the work in a professional workman like manner and in accordance with attached specifications and manufacturer’s installation instructions and drawings.

The Powell Duplex is a 2-story, 2-units with 3-bedroom family housing residences. These are family housing for staff at Powell Ranger Station. The building is relatively new, with the plans dated 1994, but has been significantly damaged by water intrusion. Each had a woodstove in the living room near the exterior wall, with a chimney projecting near the bottom of the roof slope on each side of the building. The chimney crickets above each chimney were torn away, presumably by the movement of heavy snow, and the chimneys, roof and flashing were damaged. This allowed a large amount of water to leak into and through the roof, soffits, and walls. As a result, the structural insulated walls and roof panels (SIPs) at the chimney penetrations were heavily damaged, as well as several roof beams, adjoining wall panels, framing, ceiling, and floor finishes.

The building shall be protected from leakage and exposure due to weather during removal of the existing roof and ceiling. Contractor shall be responsible for verifying dimensions. All lots of roofing materials shall be from the same manufacturer to ensure consistency. Final cleanup shall be considered incidental to the work.

SCHEDULE OF ITEMS

Prices on the Schedule shall reflect Contractor’s full cost for materials, labor, supervision, overhead costs, and incidental items.

See Attachment 2 – SOI Powell Duplex Improvements to this solicitation. Contractors must submit pricing for ALL line items listed in Attachment (2) – Schedule of Items. The completed Attachment must be included as part of the Contractor’s Price Quote.

SCHEDULE NOTES

NOTE 1: Payment for bond premiums in accordance with AGAR Clause 452.232-71, Progress

Payments for Commercial Construction Contracts, shall not be in addition to the contract price, but may be included under Mobilization.

CONTRACTOR INFORMATION

The following Contractor Information must be completed and included with the price quote:

Company Name: Company Representative Name & Title:

Email: Phone Number:

UEI Number: SAM Registration Expiration Date:

Full Company Address, including State &

Zip Code:

Company Website (if any):

Signature of Company Representative: Date of Quotation Submission:

Definitization of Equitable Adjustments for Change Orders Pursuant to FAR 36.101-4(b), information regarding USDA’s definitization of equitable adjustments for change orders under construction contracts may be found at Contracting with USDA | USDA. USDA's procedures that apply to the definitization of equitable adjustments for change orders under construction contracts may be found in AGAR 443.304-70.

TECHNICAL DATA

(a) Attachments:

See separate attached documents. The following attachments are a part of this solicitation and any resulting contract.

Attachment

No Description Page(s)

2 Schedule of Items (SOI) for Powell Duplex Improvements 1

3 Specifications – Powell Duplex Improvements 159

4 Final Plan/Drawing Set – Powell Duplex Improvements 34

5 DBA WD ID20260002, Dated 01/02/2026, Idaho County, ID 4

(b) Specifications:

The CSI Specifications are included in a supplemental document package in Attachments listed above. All line items on Schedule of Items will further be detailed in the “Description of Work” section in all respective specifications. Some listed specifications in the schedule of items include reference specifications not listed and are subsidiary to or are included in payment for other pay items in this contract. Necessary reference specifications are indicated under each listed specification. These items are considered incidental, and no additional compensation will be made.

NOTE: Contractors are cautioned to carefully review these Project Specifications prior to submission of quotes. All specifications contained in the Attachments are binding on the parties signing the contract.

(c) Project Location:

The project is located approximately 95 miles northeast of Kamiah, Idaho. From Kamiah, follow Highway 12 east for approximately 95 miles to Lochsa Lodge. Turn right and follow the road approximately 0.5 miles to the Powell Ranger Station. The project 0.1 Miles from the

Office building on the left side (46.509862,-114.707781).

(d) Start Work

It is estimated that work will begin on May 18, 2026.

(e) Commencement, Prosecution, and Completion of Work:

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work https://www.usda.gov/about-usda/general-information/staff-offices/departmental-administration/office-contracting-and-procurement-ocp/policies-regulations diligently, and (c) complete the entire work ready for use not later than May 1, 2027. The time stated for completion shall include final cleanup of the premises.

(f) Government-Furnished Property:

The Government will provide the following items of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the

Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract. The following items will be government furnished:

*Building Keys

The Contractor shall use Government property, either furnished or acquired under this contract, only for performing this contract, unless otherwise provided for in this contract or approved by the Contracting Officer. Modifications or alterations of Government property are prohibited.

Property must be returned to the Government upon contract completion.

(g) Use of Premises:

The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform the contract in such a manner as not to interrupt or interfere with the conduct of Government business. With approval by the Lochsa Powell Ranger District, Contractor may use National Forest Lands for camping purposes.

(h) Physical Data:

Data and information furnished or referred to below is for the Contractor’s information. The

Government shall not be responsible for any interpretation of/or conclusion drawn from the data or information by the Contractor.

Weather Conditions. The project is subject to seasonal limitations from October thru June. Wet and Snowy weather commonly limits construction operations from October thru June.

Transportation Facilities. Roads are open year around; however, snow conditions can be extreme from November-April.

(i)Other Factors Affecting The Work:

Safety. This administrative site will be open to the public and Government personnel during construction operations under this contract. Portions of the building or premises may be closed at the discretion of the CO. Site shall be kept clean, safe, and professional during contract period. The Contractor shall provide for the safety of the public and others present within the site, including preventing fall hazards for open trenches, protection from wires and electric shock, and maintaining a safe working space between moving machinery and the public. Roads shall be barricaded closed to prevent access to work sites.

All construction methods and procedures shall be in compliance with applicable OSHA regulations, 29 CFR art 1926 and Part 1910. Provide appropriate safety barricades and signs to protect the public from construction hazards.

The duplex will not be occupied during construction; however, to prevent disruption to residence within the administrative site working hours are restricted to between 07:30 a.m. and

05:00 p.m. PDT Monday through Friday.

(j) Work Camps, Staging and Storage Areas:

Areas for staging operations and storage of materials shall be approved by the CO. The

Contractor must request in writing for approval from the CO to stage trailers (work) on site.

No overnight camping will be allowed on site without District Ranger approval.

(k) Clean Up

The Contractor shall maintain the work area in a clean and orderly condition. The work area shall be cleaned at the end of each workday. The work area shall be thoroughly cleaned of waste materials, nails, and debris at the end of the construction period.

(l) Site Superintendent

It shall be the responsibility of the Contractor to provide a responsible site superintendent to represent the Contractor in the field in all matters under this contract including, but not limited to construction, day-to-day coordination of activities, control over employees and subcontractors, and coordination with local Government personnel. The site superintendent shall be designated in writing. They shall be available on site in person to respond to any and all problems during normal working hours. The site superintendent shall be responsible for on-site

Quality Control.

Site superintendent shall maintain on site a file containing the following project documents.

· Executed Copy of the Contract

· Contract Drawings

· Contract Specifications

· Quality Control Plan – (up to date)

· As-Built Drawing – (up to date) if required

· Work Orders

· Modifications

This file shall be maintained and available to the Contracting Officer upon request. If the Site

Superintendent is replaced, the existing Superintendent shall review all documents and ongoing issues with the new Superintendent.

(m) Packing and Marking:

All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.

(n) Project Labeling for Official Correspondence:

The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

(o) Invoicing:

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice

Processing Platform (IPP). All invoices shall be submitted via the electronic Invoice Processing

Platform. This platform is managed by the U.S. Department of Treasury and additional information is available at this website: https://www.ipp.gov/index.htm.

Upon award of a contract, Contractors will be enrolled automatically. Contractor will subsequently receive electronic notification from IPP of enrollment. IPP password will be delivered electronically to allow first login to IPP. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

(p) Pre-Final and Final Inspection

(1) Pre-final Inspection: The Government may, at its own discretion, conduct a pre-final inspection prior to the contractor requesting a final inspection. Any discrepancies noted shall be corrected prior to final inspection.

(2) Final Inspection: When the work is ready for final inspection, the Contractor shall submit a written request for the final inspection to the duly assigned Contracting Officer’s Representative at least seven (7) days prior to the desired final inspection date. The final inspection will be performed with the Contractor by the appropriate Government personnel. If any discrepancies are noted, they shall be handled in accordance with 52.246-12.

https://www.ipp.gov/index.htm

Federal Acquisition Regulation (FAR) and United States Department of Aquiculture

Acquisition Regulation (AGAR) Clauses and Provisions

The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation. The terms and conditions set forth herein supersede all other terms and conditions.

Acceptance of the order in accordance with (IAW) FAR 12.201-1(b)(2) constitutes acceptance of all terms and conditions contained herein.

As part of the Revolutionary FAR Overhaul (RFO), 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 this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This solicitation 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 the clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52.

(End of clause)

52.212-4 Terms and Conditions—Commercial Products and Commercial Services (Nov 2025)

This is a commercial construction acquisition. FAR 52.212-4 is amended as follows:

(b) Inspection/Acceptance. Inspection and Acceptance will be conducted in accordance with FAR 52.246-12, Inspection of Construction (Aug 1996).

(d) Changes. Changes will be handled in accordance with the following FAR clause(s):

☒ FAR 52.243-4, Changes (Jun 2025)

☐ FAR 52.243-5, Changes and Changed Conditions (Jun 2025)

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.222-50 Combating Trafficking in Persons (Nov 2025)

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024)

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 (Sep 2025)

52.233-4 Applicable Law for Breach of Contract Claim (Sep 2025)

52.240-91 Security Prohibitions and Exclusions (Nov 2025)

52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025)

52.253-1 Computer Generated Forms (Nov 2025) https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

The following clauses are applicable if checked:

☒ 52.202-1 Definitions (Jun 2020)

☒ 52.203-3 Gratuities (Apr 1984)

☒ 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) with Alternate I

(Nov 2021) of 52.203-6

☒ 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020)

☒ 52.204-13 System for Award Management—Maintenance (Nov 2025)

☒ 52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025)

☒ 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025)

☒ 52.219-6 Notice of Total Small Business Aside (Nov 2025)

☒ 52.219-8 Utilization of Small Business Concerns (Nov 2025)

☒ 52.219-14 Limitations on Subcontracting (Nov 2025)

☒ By the end of the base term of the contract and then by the end of each subsequent option period; or

☐ By the end of the performance period for each order issued under the contract.

☒ 52.222-3 Convict Labor (Nov 2025)

☒ 52.222-35 Equal Opportunity for Veterans (Nov 2025)

☒ 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025)

☒ 52.222-37 Employment Reports on Veterans (Nov 2025)

☒ 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Nov

2025)

☒ 52.222-54 Employment Eligibility Verification (Nov 2025)

☒ 52.222-62 Paid Sick Leave Under Executive Order 13706 (Nov 2025)

☒ 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (Nov

2025)

☒ 52.223-5 Pollution Prevention and Right-to-Know Information (May 2024)

☒ 52.223-23 Sustainable Products (Nov 2025)

☒ 52.229-12 Tax on Certain Foreign Procurements (Jul 2025)

☒ 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Oct 2018)

☒ 52.233-1 Disputes (Sep 2025) Alt I (Sep 2025)

☒ 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (Nov 2025)

☒ 52.242-13 Bankruptcy (Jul 1995)

The Contractor shall comply with the following FAR Clauses for Commercial Construction:

52.222-6 Construction Wage Rate Requirements (Nov 2025)

52.222-7 Withholding of Funds (Nov 2025)

52.222-8 Payrolls and Basic Records (Nov 2025)

52.222-9 Apprentices and Trainees (Nov 2025)

52.222-10 Compliance with Copeland Act Requirements (Nov 2025)

52.222-11 Subcontracts (Labor Standards) (Nov 2025)

52.222-12 Contract Termination-Debarment (Nov 2025)

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

(May 2014)

52.222-14 Disputes Concerning Labor Standards (Nov 2025)

52.222-15 Certificate of Eligibility (Nov 2025)

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

52.236-5 Material and Workmanship (Jul 2025)

52.246-21 Warranty of Construction (Mar 1994)

The following clauses are applicable when checked:

☒ 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (Nov 2025)

☒ 52.228-2 Additional Bond Security (Oct 1997)

☒ 52.228-5 Insurance-Work on Government Installation (Jan 1997)

☒ 52.228-11 Individual Surety-Pledge of Assets (Feb 2021)

☒ 52.228-14 Irrevocable Letter of Credit (Nov 2014)

☒ 52.228-15 Performance and Payment Bonds-Construction (Jun 2020)

☒ 52.236-2 Differing Site Conditions (Jul 2025)

☒ 52.236-3 Site Investigation and Conditions Affecting the Work (Jul 2025)

☒ 52.236-6 Superintendent by the Contractor (Jul 2025)

☒ 52.236-7 Permits and Responsibilities (Jul 2025)

☒ 52.236-8 Other Contracts (Jul 2025)

☒ 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (Jul 2025)

☒ 52.336-10 Operations and Storage Areas (Jul 2025)

☒ 52.236-11 Use and Possession Prior to Completion (Jul 2025)

☒ 52.236-12 Cleaning Up (Jul 2025)

☒ 52.236-13 Accident Prevention (Jul 2025)

☒ Alternate I (Nov 1991) of 52.236-13

☒ 52.236-14 Availability and Use of Utility Services (Jul 2025)

☒ 52.236-15 Schedules for Construction Contracts (Jul 2025)

☒ 52.236-17 Layout of Work (Jul 2025)

☒ 52.236-21 Specifications and Drawings for Construction (Jul 2025)

☒ Alternate I (Apr 1984) of 52.236-21

☒ 52.242-14 Suspension of Work (Apr 1984)

☒ 52.246-12 Inspection of Construction (Aug 1996)

☒ 52.248-3 Value Engineering (Oct 2025)

Other Applicable Clauses

52.245-1 Government Property (Sep 2021)

52.245-9 Use and Charges (Apr 2012)

Full Text FAR Clauses

FAR 52.217-7 Option for Increased Quantity – Separately Priced Line Item (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 90 Calendar days from Notice to

Proceed date.

FAR 52.225-9 Buy American Act-Construction Materials (Nov 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 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section40102(4)&num=0&edition=prelim 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: 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 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter83&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1907&num=0&edition=prelim 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

Construction material description

Unit of measure

Quantity Price (dollars)*

Item 1:

Foreign construction material.

Domestic construction

Item 2:

Foreign construction

Domestic construction

[* 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.]

FAR 52.252-6 Authorized Deviations in Clauses (Nov 2020)

(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 Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

Full Text AGAR Clauses

AGAR 452.204–70 Modification for Contract Closeout (Nov 2025)

(a) If unliquidated funds in the amount of $1000 or less remain on the contract, the Contracting

Officer (Contracting Officer) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The

Contracting Officer shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) Upon contract closeout for contracts utilizing SAP: if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for deobligation.

The contractor will receive a copy of the modification and will be required to provide a signature.

(The Contracting Officer may also request a “Contractor Release of Claims” be completed by the contractor, although not required for contracts and orders using SAP.) If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 60 days, the Contracting

Officer shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(c) Upon contract closeout for contracts utilizing anything other than cost reimbursement, if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and a

‘‘Contractor Release of Claims’’ and will be required to provide a signature on both forms. If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 120 days, the Contracting Officer shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(End of Clause)

AGAR 452.222-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance

(Dec 2025)

(a) By entering into this contract, the Contractor certifies that:

(1) It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution, and it will remain compliant for the duration of the contract.

(2) Neither it nor any subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of

1964, or the Equal Protection principles of the U.S. Constitution, and the Contractor and any subcontractor or teaming partner will not do so for the duration of the contract.

(b) If the Contractor participates in, facilitates, or funds programs that implicate Title VI of the Civil

Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, the Contractor certifies that it will remain compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology

Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.

(c) The Contractor affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the Contractor is not eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.

(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.

(e) Submission of a knowing false statement relating to Contractor’s compliance with the above requirements and/or eligibility for the contract may subject the Contractor to liability under the False

Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.

(f) The Contractor must include the provisions of this clause in all subcontract solicitations.

(g) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.

(End of Clause)

AGAR 452.232-71 Progress Payments for Commercial Construction Contracts (Dec 2025)

(a) Contractor entitlement to progress payments. The Contractor may request progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting

Officer, on estimates of work accomplished that meets the standards of quality established under the contract, as approved by the Contracting Officer.

(b) Computation of amounts. Progress payments will be authorized when the payment requested is properly due in accordance with this contract; the work will be performed in accordance with the contract; and there has been no impairment or diminution of the Government’s security under this contract. The Contracting Officer may authorize consideration of:

(1) Materials delivered on site and preparatory work;

(2) Materials delivered to the Contractor at locations other than the site, if:

i. Specifically authorized by the contract; and

ii. The Contractor provides satisfactory evidence of title and intended use in the

(c) Contractor request for progress payments. The Contractor’s request for progress payments shall include the following:

(1) An itemization of the amounts requested, related to the various elements of work required by the contract;

(2) A listing of the amount included for work performed by each subcontractor;

(3) A listing of the total amount of each subcontract;

(4) A listing of the amounts previously paid to each subcontractor; and

(5) Additional supporting data in a form and detail required by the Contracting Officer.

(d) Contractor Certification. Each request for progress payment shall be accompanied by the following certification:

I hereby certify, to the best of my knowledge and belief, that—

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor’s performance.

________________________________________________(name)

________________________________________________(title)

________________________________________________(date)

(e) Access for verification of payment entitlement. To verify the Contractor’s entitlement to progress payments under this contract, the Contractor shall provide the Government, upon request and during normal business hours, access to the following:

(1) Records and Documentation:

(i) Certified progress payment requests and supporting documentation;

(ii) Subcontractor and supplier invoices, payment records, and lien waivers;

(iii)Updated schedule of values and progress schedules;

(iv) Quality assurance and inspection reports;

(v) Payroll records, if applicable under labor provisions.

(2) Facilities and Worksite Access:

(i) Physical access to the construction site for inspection of work progress;

(ii) Access to off-site storage locations for materials billed but not yet incorporated into the work; or

(iii)Access to any fabrication facilities where contract-related work is being performed.

(3) Access to electronic invoicing or project management systems used to track progress and payments, if such systems are used in contract performance.

(f) Dates for payment. A progress payment under this clause is a contract progress payment under the Prompt Payment clause of this contract, and except as provided in paragraph (g) of this clause, approved requests shall be paid within 30 days of submittal of a proper request for payment.

(g) Liquidation of progress payments. Progress payments shall be liquidated by deducting from the payment of each item the total unliquidated amount of progress payments made for that separately priced unit of that line item. The liquidation amounts for each line item shall be clearly delineated in each request for progress payment submitted by the Contractor.

(h) Security for progress payments. In the event the Contractor fails to provide adequate security as required in this contract, no progress payment shall be made under this contract. Upon receipt of adequate security, progress payments shall be made, including all previous payments to which the

Contractor is entitled, in accordance with the terms of the contract. If at any time the Contracting

Officer determines that the security provided by the Contractor is insufficient, the Contractor shall promptly provide such additional security as the Contracting Officer determines necessary. In the event the Contractor fails to provide such additional security, the Contracting Officer may collect or liquidate such security that has been provided, and suspend further payments to the Contractor; the

Contractor shall repay to the Government the amount of unliquidated progress payments as the

Contracting Officer at his sole discretion deems repayable.

(i) Special terms regarding termination for cause. If this contract is terminated for cause, the

Contractor shall, on demand, repay to the Government the amount of unliquidated progress payments. The Government shall be liable for no payment except as provided by the Termination for Cause paragraph of the clause at Federal Acquisition Regulation 52.212-4, Contract Terms and

Conditions—Commercial Products and Commercial Services.

(j) Reservation of rights.

(1) No payment, vesting of title under this clause, or other action taken by the Government under this clause shall-

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government’s rights and remedies under this clause-

(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the

Government.

(k) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract

(hereinafter referred to as the "unearned amount"), the Contractor shall-

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until-

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(l) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(m) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as-

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the Government to require the fulfillment of all the terms of the contract.

(3) The Government’s rights and remedies under this clause-

(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the

Government.

(n) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the

Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (l) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

(o) Final payment. The Government shall pay the amount due the Contractor under this contract after-

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor’s claim to amounts payable under this contract has been assigned under the Assignment of

Claims Act of1940 ( 31 U.S.C.3727 and 41 U.S.C. 6305).

(p) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in FAR subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes…