12a. Construction Provision and Clauses.pdf

63100PR260047595

TERMS AND CONDITIONS

(CLAUSES AND PROVISIONS)

FEDERAL ACQUISITION REGULATION (FAR) AND

HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSES

IN ACCORDANCE WITH FEDERAL ACQUISITION CIRCULAR 2026-02 EFFECTIVE DATE

03/13/2026

52.252-1 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): https://www.acquisition.gov/

(End of provision)

52.252-5 Authorized Deviations in Provisions.

As prescribed in 52.107(e), insert the following provision in solicitations that include any FAR or supplemental provision with an authorized deviation. Whenever any FAR or supplemental provision is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the provision when it is used without deviation, include regulation name for any supplemental provision, except that the contracting officer shall insert "(DEVIATION)" after the date of the provision.

FAR PROVISIONS

52.204-7 System for Award Management (Aug 2025) (DEVIATION 25-19)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (Dec

2025) (DEVIATION 25-27)

52.212-1 Instructions To Offerors—Commercial Products And Commercial Services (Aug 2025)

(DEVIATION 25-21)

52.214-3 Amendments to Invitations for Bids (Oct 2025) (DEVIATION 26-06)

52.214-4 False Statements in Bids (Apr 1984)

52.214-5 Submission of Bids (Oct 2025) (DEVIATION 26-06)

52.214-6 Explanation to Prospective Bidders (Apr 1984)

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids (Oct 2025) (DEVIATION 26-

06)

52.204-13 System for Award Management Maintenance (Aug 2025)

52.214-18 Preparation of Bids-Construction (Apr 1984)

52.214-19 Contract Award-Sealed Bidding-Construction (Aug 1996)

52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (May 2014)

52.228-17 Individual Surety—Pledge of Assets (Feb 2021)

(End of provision)

FAR 52.212-2 Evaluation—Commercial Products And Commercial Services (Aug 2025)

(DEVIATION 25-21)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the

Government, price and other factors considered. The following factors will be used to evaluate offers:

Quotations will be evaluated in an efficient and minimally burdensome fashion. The Government will evaluate the quotations submitted against the following evaluation criteria:

Technical Approach. The proposal will be evaluated on the offeror's detailed approach to performing the work described in the SOW, including the plan for isolating and removing the existing pipe, furnishing and installing the new corrosion-resistant suction line, pressure testing the system, and restoring the site to its original condition. The approach must demonstrate a clear understanding of the project's objective to return the fire trainer to a fully functional status.

Past Performance. The Government will evaluate the offeror's past performance on recent and relevant contracts. The evaluation will focus on the offeror's record of conforming to specifications, standards of good workmanship, adherence to schedules, history of reasonable and cooperative behavior, and overall business-like concern for the customer's interest.

Price. The Government will evaluate the offeror's proposed price for reasonableness and completeness.

The price evaluation will document the fairness and reasonableness of the total evaluated price.

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful

Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

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/

(End of clause)

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 Department of Homeland Security Regulation 48 CFR

3001.404 clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of Clause) https://www.acquisition.gov/

52.209-10 Prohibition On Contracting With Inverted Domestic Corporations (Dec 2025) (Deviation

25-27)

52.219-6 Notice Of Total Small Business Set-Aside (Oct 2025) (DEVIATION26-03)

52.219-28 Postaward Small Business Program Rerepresentation. (Oct 2025) (DEVIATION 26-03)

52.222-3 Child Labor (Jun 2003)

52.222-6 Construction Wage Rate Requirements (OCT 2025) (DEVIATION 26-10)

52.222-7 Withholding of Funds. (May-2014)

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

52.222-9 Apprentices and Trainees (JULY 2005)

52.222-10 Compliance with Copeland Act Requirements. (Feb-1988)

52.222-11 Subcontracts (Labor Standards) (OCT 2025) (DEVIATION 26-10)

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)

52.222-19 Child Labor-Cooperation with Authorities and Remedies. (MAR 2026)

52.222-50 Combating Trafficking in Persons. (Mar 2015)

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022)

(DEVIATION 26-10)

52.222-62 Paid Sick Leave Under Executive Order 13706. (Jan 2022)

52.222-90 Addressing DEI Discrimination by Federal Contractors (APR 2026) (DEVIATION 26-10

Revision 2, APR 2026)

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

52.223-23 Sustainable Products and Services ((OCT 2025) (DEVIATION 26-12)

52.225-9 Buy American-Construction Materials (DEVIATION 26-09)

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

52.232-5 Payments under Fixed-Price Construction Contracts. (May 2014)

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

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)

52.233-4 Applicable Law for Breach of Contract Claim. (AUG 2025) (DEVIATION 25-25)

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

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

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

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

52.240-91 Security Prohibitions and Exclusions (Sep 2025) (DEVIATION 25-23)

52.242-14Suspension of Work (Apr 1984)

52.243-5 Changes and Changed Conditions (JUNE 2025) (DEVIATION 25-09)

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

The Contractor’s representations and certifications, including those completed electronically via the

System for Award Management (SAM), are incorporated by reference into the contract.

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

(a) Definitions. As used in this clause—

Commercial product, commercial service and nondevelopmental item have the meanings contained in Federal Acquisition Regulation (FAR) 2.101.

Subcontract has the meaning at FAR 44.401

(b) Requirements.

(1) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial products, commercial services, or non-developmental items as components of items to be supplied under this contract.

(2) If a clause in the following table is included in the contract, the Contractor shall insert the clause in subcontracts for commercial products or commercial services and must flow down the requirements of the clause to subcontracts as indicated in the specific clause:

Number Title Date

52.203-13

Contractor Code of Business Ethics and

Conduct

NOV

52.203-17

Contractor Employee Whistleblower

Rights

NOV

52.203-19

Prohibition on Requiring Certain

Internal Confidentiality Agreements or

Statements

JAN

52.204-9

Personal Identity Verification of

Contractor Personnel

JAN

52.219-8 * Utilization of Small Business Concerns

JAN

52.222-35 Equal Opportunity for Veterans

JUN

52.222-36

Equal Opportunity for Workers with

Disabilities

JUN

52.222-37 Employment Reports on Veterans

JUN

52.222-40

Notification of Employee Rights Under the National Labor Relations Act

DEC

52.222-41 Service Contract Labor Standards

AUG

52.222-50 Combating Trafficking in Persons

NOV

52.222-50 with Alt I

Combating Trafficking in Persons, with its Alternate I

MAR

52.222-51

Exemption from Application of the

Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment—

Requirements

MAY

52.222-53

Exemption from Application of the

Service Contract Labor Standards to

Contracts for Certain Services—

Requirements

MAY

52.222-54 Employment Eligibility Verification

JAN

52.222-62

Paid Sick Leave Under Executive Order

13706

JAN

52.224-3 Privacy Training

JAN

52.224-3 with Alt I Privacy Training, with Alternate I

JAN

52.225-26

Contractors Performing Private Security

Functions Outside the United States

OCT

52.232-40

Providing Accelerated Payments to

Small Business Subcontractors

MAR

52.240-3 Security Prohibitions and Exclusions DATE

52.240-3 with Alt I

Security Prohibitions and Exclusions, with its Alternate I DATE

52.240-4 Security Requirements DATE

52.240-4 with Alt II

Security Requirements, with its

Alternate II DATE

52.247-64

Preference for Privately Owned U.S.-

Flag Commercial Vessels

NOV

* Include only if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(c) Subcontracts. The Contractor shall include the terms of this clause, including this paragraph (c), in subcontracts awarded under this contract.

HSAR 3052.223-90 Accident And Fire Reporting (USCG) (Dec 2003)

(a) The Contractor shall report to the Contracting Officer any accident or fire occurring at the site of the work that causes:

(1) A fatality or the loss of at least one lost workday on the part of any employee of the Contractor or subcontractor at any tier;

(2) Damage of $1,000 or more to Federal real or personal property; either real or personal;

(3) Damage of $1,000 or more to Contractor or subcontractor owned or leased motor vehicles or mobile equipment; or

(4) Damage for which a contract time extension may be requested.

(b) Accident and fire reports required by paragraph (a) above shall be accomplished by the following means:

(1) Accidents or fires resulting in a death, hospitalization of five or more persons, or destruction of Federal real or personal property, the total value of which is estimated at $100,000 or more, shall be reported immediately by telephone to the Contracting Officer or his/her authorized representative and shall be confirmed by telegram, facsimile or e-mail transmission within 24 hours to the Contracting

Officer. Such telegram or facsimile transmission shall state all known facts as to extent of injury and damage and as to cause of the accident or fire.

(2) Other accident and fire reports required by paragraph (a) above may be reported by the

Contractor using a state, private insurance carrier, or Contractor accident report form which provides for the statement of:

(i) The extent of injury; and

(ii) The damage and cause of the accident or fire.

Such report shall be mailed or otherwise delivered to the Contracting Officer within 48 hours of the occurrence of the accident or fire.

(c) The Contractor shall assure compliance by subcontractors at all tiers with the requirements of this clause.

HSAR 3052.242-72 Contracting Officer’s Representative (Dec 2003)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's

Representative (COR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The

Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the

COR under the contract.

(b) The Contracting Officer cannot authorize the COR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer.

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 provision, 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 provision:

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;

(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 3009.108-7000 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 3009.108-7000 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 3009.108-7000 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.