1333ND26RNB190032 Steam Tunnel Ventilation NIST Boulder CO.pdf
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- Attached to
- Steam Tunnel Ventilation Replacement Federal contract opportunity
- Solicitation number
- 1333ND26RNB190032
About this file
This is a Solicitation for construction services related to steam tunnel ventilation system replacement at the National Institute of Standards and Technology (NIST) facility in Boulder, Colorado. The acquisition is a 100% Small Business Set-Aside with NAICS code 236220 and a small business size standard of $45.0 million. The primary objective is to replace the existing tunnel ventilation system that uses steam heating coils with two natural gas indirect fired make-up air units (MAUs), including removal of existing equipment, installation of new MAUs, and all associated systems necessary for safe, reliable, and continuous operation. The work must be planned and phased for execution between May 1 and October 31 to mitigate the risk of pipe freezing during winter months.
The solicitation number is 1333ND26RNB190032, and the Department of Commerce through NIST is the contracting agency. The project encompasses procurement and delivery of a complete, operational tunnel ventilation system with full installation of all required components and supporting systems. Additional details regarding response deadlines, pricing terms, evaluation criteria, and technical specifications are contained in the attachments referenced in the solicitation.
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| 1333ND26RNB190032 AMD0001 Minor Changes.pdf | ||
| Attachments.zip | ZIP file | |
| Attachments.zip | ZIP file |
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(See ).
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
9. FOR INFORMATION
CALL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".
SOLICITATION
1. SOLICITATION NUMBER
5. REQUISITION/PURCHASE REQUEST NUMBER
CODE
6. PROJECT NUMBER
8. ADDRESS OFFER TO
4. CONTRACT NUMBER
7. ISSUED BY
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)
11. The contractor shall begin performance within
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES", indicate within how many calendar days after award in Item 12b.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and
b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
is, is not required.
local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.
calendar days and complete it within calendar days after receiving
a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
12b. CALENDAR DAYS
2. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
3. DATE ISSUED PAGE OF PAGES
See Attached
STANDARD FORM 1442 (REV. )
Prescribed by GSA - FAR (48 CFR) 53.236-1(d)
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
OFFER (Must be fully completed by offeror)
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT
NUMBER
DATE.
AWARD (To be completed by Government)
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)
CODE FACILITY CODE
15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)
21. ITEMS ACCEPTED:
22. AMOUNT
26. ADMINISTERED BY
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)
31c. DATE31b. UNITED STATES OF AMERICA
BY
31a. NAME OF CONTRACTING OFFICER (Type or print)
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30b. SIGNATURE 30c. DATE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
copies to issuing office.) Contractor agrees to furnish
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
23. ACCOUNTING AND APPROPRIATION DATA
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
27. PAYMENT WILL BE MADE BY
10 U.S.C. 2304(c) ( )
20b. SIGNATURE 20c. OFFER DATE
STANDARD FORM 1442 (REV. ) BACK
Attachment Page
PAGE 3 OF 160 1333ND26RNB190032
SF 1442 BLOCK 10 (CONTINUED)
Project: Construction Services/Steam Tunnel Ventilation System Replacement, NIST, Boulder, CO
Enter Price(s) in Section B.
This acquisition is a 100% Small Business Set-Aside.
The NAICS for this acquisition is 236220; the Small Business Size Standard is $45.0 Million.
Verbal explanations given before award WILL NOT BE BINDING. Any changes will be made in writing by issuing amendment(s).
Offeror(s) shall acknowledge receipt of amendment(s) in block 19 of the SF 1442 or by returning a signed copy of the amendment(s) with their offer.
Notice to Proceed will not be issued until the contractor's Site Specific Safety Plan has been accepted.
Any award resulting from this solicitation will be subject to the City of Boulder Sales/Use Tax. No exemption certificate issued by the Colorado Department of Revenue or any other taxing authority shall be recognized as a basis for exemption from the City of Boulder Sales/Use Tax.
Attachment Page
PAGE 4 OF 160 1333ND26RNB190032
GENERAL AWARD INFORMATION
1. Contract Type: Firm-Fixed-Price (FFP)
2. Contractor’s Point of Contact:
Name: ___________________________________ Phone: __________________________________ Email: ___________________________________
3. Designated Government Official:
_XX____ Contracting Officer _______ Contracting Officer’s Representative (COR) Name: To Be Determined at Award Phone: To Be Determined at Award Email: To Be Determined at Award
_______ Other, Alternate Contracting Officer Representative (ACOR):
4. The contractor shall submit invoices to invoice@nist.gov.
5. Additional Information:
Invoices shall require Contracting Officer approval for payment.
SCHEDULE Continued
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Construction Services for Steam Tunnel Ventilation System.
0001 Construction Services for Steam Tunnel Ventilation System. Contractor shall provide all labor, materials, and equipment to provide all requirements contained within the attached statement of work.
1.00 JB
PAGE 5 OF 160 1333ND26RNB190032
Table of Contents
SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
C.1 Statement of Work
SECTION E INSPECTION AND ACCEPTANCE
E.1 52.246-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1984)
E.2 52.246-13 INSPECTION--DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS (AUG 1996)
E.3 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)
SECTION F DELIVERIES OR PERFORMANCE
F.1 52.242-14 SUSPENSION OF WORK (APR 1984)
F.2 52.236-15Schedules for Construction Contracts
SECTION G CONTRACT ADMINISTRATION DATA
G.1 1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010)
G.2 1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)
SECTION H SPECIAL CONTRACT REQUIREMENTS
H.1 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)
H.2 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)
H.3 1352.228-70 INSURANCE COVERAGE (APR 2010)
SECTION I CONTRACT CLAUSES
I.1 52.202-1DEFINITIONS (JUN 2020)
I.2 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)
I.3 52.203-7ANTI-KICKBACK PROCEDURES (JUN 2020)
I.4 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY
2014)
I.5 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)
I.6 52.203-12LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020)
I.7 52.222-7 WITHHOLDING OF FUNDS (MAY 2014)
I.8 52.222-8PAYROLLS AND BASIC RECORDS (JUL 2021)
I.9 52.222-9 APPRENTICES AND TRAINEES (JUL 2005)
I.10 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)
I.11 52.222-12 CONTRACT TERMINATION--DEBARMENT (MAY 2014)
I.12 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY
2014)
I.13 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)
I.14 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2104)
I.15 52.222-30 CONSTRUCTION WAGE RATE REQUIREMENTS--PRICE ADJUSTMENT (NONE OR SEPARATELY SPECIFIED
METHOD) (AUG 2018)
I.16 52.223-5POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2024)
I.17 52.226-7DRUG-FREE WORKPLACE (MAY 2024)
I.18 52.228-15PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (JUN 2020)
I.19 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)
I.20 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)
I.21 52.232-17 INTEREST (MAY 2014)
I.22 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)
I.23 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)
I.24 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)
I.25 52.242-13 BANKRUPTCY (JUL 1995)
I.26 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)
PAGE 6 OF 160 1333ND26RNB190032
I.27 52.249-2 I TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012)-- ALTERNATE
I (SEP 1996)
I.28 52.249-10 I DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)--ALTERNATE I (APR 1984)
I.29 52.252-6AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
I.30 52.204-10Reporting Executive Compensation and Firs
I.31 52.204-13System for Award ManagementMaintenance
I.32 52.209-10Prohibition on Contracting With Inverted
I.33 52.209-6Protecting the Governments Interest When S
I.34 52.212-4Terms and ConditionsCommercial Products an
I.35 52.215-8Order of Precedence-Uniform Contract Forma
I.36 52.219-6Notice of Total Small Business Set-Aside
I.37 52.219-28Postaward Small Business Program Rerepres
I.38 52.219-8Utilization of Small Business Concerns
I.39 52.222-4Contract Work Hours and Safety Standards -
I.40 52.222-6Construction Wage Rate Requirements
I.41 52.222-11Subcontracts Labor Standards
I.42 52.222-35Equal Opportunity for Veterans
I.43 52.222-36Equal Opportunity for Workers with Disabi
I.44 52.222-37Employment Reports on Veterans
I.45 52.222-50Combating Trafficking in Persons
I.46 52.222-54Employment Eligibility Verification
I.47 52.222-90 Addressing DEI Discrimination by Federal
I.48 52.223-2Reporting of Biobased Products Under Servi
I.49 52.225-9Buy American-Construction Materials
I.50 52.233-1Disputes
I.51 52.233-3Protest after Award
I.52 52.236-2Differing Site Conditions
I.53 52.236-5Material and Workmanship
I.54 52.236-6Superintendence by the Contractor
I.55 52.236-7Permits and Responsibilities
I.56 52.236-8Other Contracts
I.57 52.236-9Protection of Existing Vegetation Structur
I.58 52.236-10Operations and Storage Areas
I.59 52.236-11Use and Possession Prior to Completion
I.60 52.236-12Cleaning Up
I.61 52.236-13Accident Prevention
I.62 52.236-14Availability and Use of Utility Services
I.63 52.236-16Quantity Surveys
I.64 52.236-17Layout of Work
I.65 52.236-21Specifications and Drawings for Construct
I.66 52.243-4Changes
I.67 52.253-1Computer Generated Forms
I.68 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
I.69 NIST LOCAL-33U.S. DEPARTMENT OF LABOR WAGE DETERMINATION
I.70 NIST LOCAL-53CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING STATUS
I.71 NIST LOCAL-54ELECTRONIC BILLING INSTRUCTIONS
I.72 NIST LOCAL-56INVOICING PROCESSING PLATFORM-ALTERNATE I (DEC 2022)
SECTION J LIST OF ATTACHMENTS
J.1 Section J - List of Attachments
J.2 Wage Determination
PAGE 7 OF 160 1333ND26RNB190032
SECTION K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
K.1 52.209-2Prohibition on Contracting With Inverted D
K.2 52.209-5Certification Regarding Responsibility Mat
K.3 52.209-11Representation by Corporations Regarding
K.4 52.209-13Violation of Arms Control Treaties or Agr
K.5 52.223-1Biobased Product Certification
K.6 52.240-90Security Prohibitions and Exclusions Repr
K.7 52.240-91Security Prohibitions and Exclusions
SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
L.1 52.204-7System for Award ManagementRegistration
L.2 Instructions to Offerors
L.3 52.212-1Instructions to OfferorsCommercial Product
L.4 52.216-1Type of Contract
L.5 52.222-5 Construction Wage Rate Requirements Secondary Site of the Work (May 2014)
L.6 52.252-5AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)
L.7 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)
L.8 52.233-2Service of Protest
L.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
L.10 1352.233-70 AGENCY PROTESTS (APR 2010)
L.11 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)
L.12 1352.270-71 PRE-BID / PRE-PROPOSAL CONFERENCE AND SITE VISIT (APR 2010)
SECTION M EVALUATION FACTORS FOR AWARD
M.1 52.212-2EvaluationCommercial Products and Commerci
M.2 Basis for Award
PAGE 8 OF 160 1333ND26RNB190032
SECTION C
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
C.1 Statement of Work
PAGE 9 OF 160 1333ND26RNB190032
STATEMENT OF WORK
Construction Services for
Steam Tunnel Ventilation System
I. BACKGROUND INFORMATION
The Department of Commerce (DOC) campus is a research and development complex located at 325 Broadway in Boulder, Colorado. The National Institute of Standards and Technology (NIST) is the primary occupant, National Oceanic Atmospheric Administration (NOAA) and National Telecommunications and Information Administration (NTIA) also have a presence on campus. NIST’s Office of Facilities and Property Management (OFPM) is responsible for maintaining and renovation of spaces which consist of laboratories, office space and facilities maintenance areas throughout the campus.
Building 42, (B42), built in several phases starting in 2004, is the Central Utility Plant (CUP) for the Boulder site. The CUP provides chilled water, steam, and compressed air to many facilities on campus. The steam tunnel starts at B42 and ends adjacent to B1 and contains piping systems for high pressure steam, steam condensate, chilled water and compressed air.
II. PURPOSE
The purpose of this project is to replace the existing tunnel ventilation system with steam heating coils with (2) natural gas indirect fired make up air units (MAU’s).
This construction effort will procure and deliver a complete, operational tunnel ventilation system, including removal of existing equipment, installation MAU’s, and all associated systems required for safe, reliable, and continuous ventilation system. Work will be planned and phased to be performed between the months of May 1 through October 31, mitigating the chances for pipes to freeze.
PLACE OF PERFORMANCE
NIST Boulder Campus Building 42 325 Broadway Boulder, CO 80305
REGULAR BUSINESS HOURS
Regular business hours are Monday through Friday 7:00 AM to 5:00 PM Mountain Time, excluding Federal holidays and NIST closures.
PERIOD OF PERFORMANCE
365 calendar days from notice to proceed.
PAGE 10 OF 160 1333ND26RNB190032
III. SPECIFIC REQUIREMENTS
SCOPE OF WORK
1) Remove and Replace Steam Tunnel Ventilation System (Base Scope – CLIN 0001) A) Remove existing steam tunnel ventilation system and replace per construction documents.
1. Refer to attached construction drawings and specifications
B) Contractor shall maintain a current, and accurate full-size set of red-lined construction drawings on site and available for COR review.
1. Upon project completion, Contractor shall deliver red-lined set to COR.
C) All newly installed equipment and any existing equipment located within project boundaries shall be safely accessible for operations and maintenance activities.
D) No mechanical or electrical equipment shall be abandoned in place.
E) Project scope is broken out by discipline below for clarity. Contractor shall adhere to all requirements shown on the Construction Document (CD) drawings and specifications.
If discrepancies are discovered, the more stringent criteria shall apply.
F) Structural Scope
1. extend existing exterior equipment housekeeping pad.
G) Mechanical Scope
1. Demolition
a. Supply Fans
i. Demo (2) Existing exterior pad mounted supply fans, associated ductwork and controls.
b. Steam Heating Coils
i. Demo of all (E) connected steam and stem condensate piping , insulation, valves, hangers, condensate pump and supports.
PAGE 11 OF 160 1333ND26RNB190032
2. New Work
a. Make Up Air Unit
I. Provide new gas fire make up air handling and associated ductwork, natural gas piping, trenching and JCI controls interface.
b. Electric Heat I. Provide electric unit heaters and associated controls, quantity and locations per construction documents.
H) Electrical Scope
1. Demolition
a. Supply Fans
i. Demo power supply to (2) Existing exterior pad mounted supply fans, back to panel.
b. Steam Heating Coils
i. Demo of all (E) connected steam and stem condensate piping, insulation, valves, hangers, condensate pump and supports.
2. New Work
a. Make Up Air Unit
i. Provide electrical service to new gas fire make up air handling.
b. Electric Heat
i. Provide electrical service to new electric unit heaters, quantity and locations per construction documents.
I) Commissioning Scope
1. The Commissioning Authority is responsible for providing commissioning services in compliance with ASHRAE Guideline 0, ASHRAE Guideline 1.1, NEBB Building Systems Commissioning (BSC) procedural standards, chiller manufacturer startup and testing requirements and applicable contract documents and specifications.
Where conflict exists, the most stringent requirement shall govern.
a. Listed below are reputable vendors, experienced at NIST or similar facilities on projects of similar scope. It is acceptable to propose vendors with equal or better skillsets/experience. If alternate vendors are submitted for consideration, proposal shall indicate their relevant experience along with resumes of key personnel.
I. eCube II. Group 14 Engineering III. Iconergy
2. This commissioning effort is intended to provide start up and commissioning for new equipment and controls
PAGE 12 OF 160 1333ND26RNB190032
SPECIFICATIONS
1) All attached NIST’s Site Standard Specifications shall apply to the scope of this contract.
2) All plan specs listed on the attached project documents shall apply, where discrepancies exist the most stringent requirement shall govern. NIST reserves the right to provide directions on any noted discrepancies.
CONSTRUCTION SCHEDULE
1) Preliminary Construction Schedule – provide a preliminary construction schedule in the form of a Gantt chart with the minimum milestones:
A) Equipment order date B) Demo C) New D) Equipment delivery dates E) Major equipment installation days F) Anticipated utility outages G) Equipment start up H) Commissioning I) NIST training J) Close out
SITE MOBILIZATION
1) NIST will provide the Contractor with an area for construction and staging activities.
Additional storage areas on the NIST campus may be available to the Contractor if approved by NIST. Refer to the General Instructions for Conducting Work at the NIST Boulder Campus attachment.
QUALITY CONTROL PLAN
1) Quality Control Plan shall be submitted no later than 30 days after award.
SAFETY ON THE NIST CAMPUS
1) NIST is committed to maintaining a work environment that safeguards the public and the environment, as well as personnel and property.
2) If the award requires construction, demolition, excavation, renovation, or other work for which the contractor directs and oversees contractor personnel (including subcontractors) at NIST-owned and operated sites, the contractor shall:
3) Provide a detailed, site-specific Safety Plan to the contracting officer within 7 days after award that describes how the contractor will maintain a safe work environment and comply with applicable Occupational Safety and Health Administration (OSHA) standards, as well as with applicable state and local laws, standards, and codes.
4) The Safety Plan shall specify how the company’s policies and practices will comply with each of the applicable standards, laws, and codes.
PAGE 13 OF 160 1333ND26RNB190032
5) The contracting officer will provide written comments regarding the plan to the contractor within seven (10) days of receipt and will require the contractor to submit a revised safety plan within seven (10) days after that to the contracting officer for their review. This cycle may be repeated, if necessary, until the contracting officer determines the safety plan to be acceptable.
6) Refer to NIST’s Contractor Safety Program for required elements of Contractor Safety
Plans.
SAFETY-RELATED EQUIPMENT
1) The Contractor shall:
A) Provide all safety-related equipment required to perform the work under this award, including personal protective equipment (PPE) and other equipment that is required or appropriate to protect contractor personnel and other personnel on the NIST campus.
Contractor-provided personal protective equipment shall include, at a minimum, hard hats, safety shoes, safety glasses (prescription or standard), respiratory protection (powered air purifying respirator or full-face mask respirator), high visibility clothing and gloves that meet applicable OSHA standards for PPE.
TRAINING
1) The Contractor shall:
A) Provide safety-related training required by applicable OSHA, state and local regulations or standards to affected contractor personnel (including subcontractor personnel) that perform work under this award. Such training may include, for example, training for proper use of PPE, respirator use, fall protection, crane operation, forklift operation;
electrical safety, or other safety-related topics.
B) Maintain records of safety training provided to contractor personnel (including subcontractor personnel) that perform work on this award. The contractor shall make those records available to the contracting officer, contracting officer’s representative for the award, or other authorized personnel within 7 days of receipt of their written request, and annually thereafter or upon request.
C) Require contractor personnel (including subcontractors) to attend required NIST-specific health or safety training that is required by the award.
HEALTH HAZARD ASSESSMENTS AND MEDICAL EVALUATIONS
1) The Contractor shall:
A) Provide required health hazard exposure assessments, medical evaluations and screenings, and exposure monitoring required by applicable OSHA requirements.
B) Ensure PII information is protected.
HOMELAND SECURITY PRESIDENTIAL DIRECTIVE (HSPD)-12
1) The Contractor (and/or any subcontractor) and its employees who require physical access to
NIST facilities or logical access to NIST IT networks or systems must comply with Homeland
PAGE 14 OF 160 1333ND26RNB190032
Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors; OMB M-05-24; OMB M-19-17; FIPS 201, Personal Identity Verification (PIV) of Federal Employees and Contractors; NIST HSPD-12 policy; and Executive Order 13467, Part 1 §1.2.
2) The Contractor (and/or any subcontractor) must submit a roster by name, position, e-mail address, phone number and responsibility, of all staff working under this acquisition where the Contractor will develop, have the ability to access, or host and/or maintain a government information system(s).
3) The roster must be submitted to the COR and/or CO within 14 days of the effective date of this contract. Any revisions to the roster as a result of staffing changes must be submitted within 14 days of the change. The COR will notify the Contractor of the appropriate level of investigation required for each staff member. If the employee is filling a new position, the Contractor must provide a position description and the Government will determine the appropriate suitability level.
POSITION SENSITIVITY DESIGNATIONS REQUIREMENT
1) All Contractor (and/or any subcontractor) employees must obtain a background investigation commensurate with their position sensitivity designation that complies with Parts 1400 and 731 of Title 5, Code of Federal Regulations (CFR).
2) The following position sensitivity designation levels apply to this solicitation/contact: N/A
IV. GENERAL REQUIREMENTS
INSPECTION & ACCEPTANCE
1) See FAR 52.246-12, Inspection of Construction
REQUIREMENTS FOR CONTRACTOR PERSONNEL
1) Safety: The Contractor employee must be responsible for knowing and complying with all installation safety prevention regulations. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal.
2) Security: NIST is a restricted campus. An identification badge is required for access for entry into buildings and is shown to the armed Security Police when entering the campus.
3) Identification Badges: Contractor employees must comply with NIST identification and access requirements. Each Contractor employee must wear a visible identification badge provided by the NIST Security Office.
V. SCHEDULE OF DELIVERABLES
1) Deliverables/Submittals are required as stated in this SOW, and the attached project specifications.
PAGE 15 OF 160 1333ND26RNB190032
2) The contractor shall submit a schedule of deliverables and submittals withing 60 days of being issued Notice to Proceed (NTP).
A) Arranged in chronological order by dates as required by construction schedule.
B) Contractor shall allow time for required reviews per the table below, ordering, manufacturing, fabrication, and delivery when establishing dates.
1. It shall be the Contractor’s responsibility to allow additional time required for making corrections or modifications to submittals as noted by NIST, and additional time required for handling and reviewing submittals required by those corrections.
C) Submittal schedule is a separate document required in addition to the construction schedule.
REVIEW TYPE BUSINESS DAYS REQUIRED BY NIST FOR
REVIEW
Construction Submittals 5
RFI Review 5 Architectural / Engineering Design
Reviews*
State Historic Preservation Officer (SHPO)* 20
NIST Architectural Review Board (ADRB)* 20 NIST Boulder Safety Health and Environment Division (BSHED)*
NIST Facilities Fire Safety Group (FFSG)* 10
NIST Safety 10 NIST Security 10
* Architectural / Engineering Design reviews, SHPO reviews, NIST ADRB reviews, BSHED reviews, and FFSG reviews run concurrently, as needed.
VI. PAYMENT SCHEDULE
1) See FAR 52.232-5, Payments under Fixed-Price Construction Contracts
END OF DOCUMENT
PAGE 16 OF 160 1333ND26RNB190032
SECTION E
INSPECTION AND ACCEPTANCE
E.1 52.246-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1984)
(Reference 52.246-1)
E.2 52.246-13 INSPECTION--DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS (AUG 1996) (Reference 52.246-13)
E.3 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)
(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.
(b) The place of acceptance will be:
NIST
325 Broadway Boulder, CO 90305-3326
(End of clause)
PAGE 17 OF 160 1333ND26RNB190032
SECTION F
DELIVERIES OR PERFORMANCE
F.1 52.242-14 SUSPENSION OF WORK (APR 1984)
(Reference 52.242-14)
PAGE 18 OF 160 1333ND26RNB190032
F.2 52.236-15Schedules for Construction Contracts.
PAGE 19 OF 160 1333ND26RNB190032
52.236-15 Schedules for Construction Contracts (DEVIATION January 2026)
(a)
(1) Within five days after the work commences on the contract or another period of time determined by the Contracting Officer, the Contractor shall prepare and submit to the Contracting Officer for approval a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the work (including acquiring materials, plant, and equipment).
(2) The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period.
(3) If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.
(b) The Contractor shall continually update the actual progress in the schedule and shall submit it to the Contracting Officer by the means prescribed in the contract for transmittals or as directed by the Contracting Officer.
(c)
(1) If the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to recover lost time and execute in accordance with the approved schedule, without additional cost to the Government.
(2) Such steps may include increasing the number of shifts, overtime operations, days of work, and/or the amount of construction plant.
(3) The Contractor shall submit, for approval, supplementary schedule(s) that demonstrate how the lost time will be recovered.
(d) If the Contractor does not recover the lost time, the Contracting Officer may determine that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.
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SECTION G
CONTRACT ADMINISTRATION DATA
G.1 1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010) (Reference 1352.201-70)
G.2 1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)
(a) TO BE DETERMINED AT AWARD is hereby designated as the Contracting Officer`s Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:
TO BE DETERMINED AT AWARD
TO BE DETERMINED AT AWARD
TO BE DETERMINED AT AWARD
Phone Number: TO BE DETERMINED AT AWARD Email: TO BE DETERMINED AT AWARD
(b) The responsibilities and limitations of the COR are as follows:
(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.
(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.
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SECTION H
SPECIAL CONTRACT REQUIREMENTS
H.1 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)
(Reference 1352.209-73)
H.2 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)
(Reference 1352.209-74)
H.3 1352.228-70 INSURANCE COVERAGE (APR 2010)
(a) Workers Compensation and Employer?s Liability. The contractor is required to comply with applicable federal and state workers'' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer?s liability section of the insurance policy, except when contract operations are so commingled with a contractor?s commercial operations that it would not be practical to require this coverage. Employer?s liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers'' compensation to be written by private carriers.
(b) General liability.
(1) The contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.
(2) When special circumstances apply in accordance with FAR 28.307-2(b), Property Damage Liability Insurance shall be required in the amount of $N/A .
(c) Automobile liability. The contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.
Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.
(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.
(e) Vessel liability. When contract performance involves use of vessels, the Contractor shall provide, vessel collision liability and protection and indemnity liability insurance as determined by the Government.
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SECTION I
CONTRACT CLAUSES
I.1 52.202-1 DEFINITIONS (JUN 2020)
(Reference 52.202-1)
I.2 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)
(Reference 52.203-5)
I.3 52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)
(Reference 52.203-7)
I.4 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) (Reference 52.203-8)
I.5 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) (Reference 52.203-10)
I.6 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020) (Reference 52.203-12)
I.7 52.222-7 WITHHOLDING OF FUNDS (MAY 2014)
(Reference 52.222-7)
I.8 52.222-8 PAYROLLS AND BASIC RECORDS (JUL 2021)
(Reference 52.222-8)
I.9 52.222-9 APPRENTICES AND TRAINEES (JUL 2005)
(Reference 52.222-9)
I.10 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)
(Reference 52.222-10)
I.11 52.222-12 CONTRACT TERMINATION--DEBARMENT (MAY 2014)
(Reference 52.222-12)
I.12 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY 2014) (Reference 52.222-13)
I.13 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)
(Reference 52.222-14)
I.14 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2104)
(Reference 52.222-15)
I.15 52.222-30 CONSTRUCTION WAGE RATE REQUIREMENTS--PRICE ADJUSTMENT (NONE OR SEPARATELY SPECIFIED
METHOD) (AUG 2018)
(Reference 52.222-30)
I.16 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2024)
(Reference 52.223-5)
I.17 52.226-7 DRUG-FREE WORKPLACE (MAY 2024)
(Reference 52.226-7)
I.18 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (JUN 2020)
(Reference 52.228-15)
I.19 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)
(Reference 52.229-3)
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I.20 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)
(Reference 52.232-5)
I.21 52.232-17 INTEREST (MAY 2014)
(Reference 52.232-17)
I.22 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)
(Reference 52.232-23)
I.23 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)
(Reference 52.232-27)
I.24 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)
(Reference 52.232-39)
I.25 52.242-13 BANKRUPTCY (JUL 1995)
(Reference 52.242-13)
I.26 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)
(Reference 52.246-21)
I.27 52.249-2 I TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012)-- ALTERNATE I
(SEP 1996)
(Reference 52.249-2 I)
I.28 52.249-10 I DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)--ALTERNATE I (APR 1984) (Reference 52.249-10 I)
I.29 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
(Reference 52.252-6)
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I.30 52.204-10Reporting Executive Compensation and Firs
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52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
DEVIATION (JAN 2026)
(a) Definitions. As used in this clause:
Executive means officers, managing partners, or any other employees in management positions.
First-tier subcontract means a subcontract awarded directly by the Contractor to acquire supplies or services (including construction) for performing a prime contract. It does not include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a contractor’s general and administrative expenses or indirect costs.
Month of award means the month in which the Contracting Officer signs a contract or the month in which the Contractor signs a first-tier subcontract.
Total compensation means the cash and noncash dollar value earned by the executive during the Contractor's preceding fiscal year and includes the information described at 17 CFR 229.402(c)(2).
(b) Requirement. Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public;
therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public. Nothing in this clause requires disclosing classified information.
(c) Reporting. Unless otherwise directed by the Contracting Officer, or as provided in paragraph (f) of this clause, the Contractor shall report the following in the System for Award Management at as follows:
(1) Executive compensation of the prime contractor. The Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if—
(i) In the Contractor's preceding fiscal year, the Contractor received—
(A)80 percent or more of its annual gross revenues from Federal contracts (and subcontracts); loans, grants (and subgrants); cooperative agreements; and other forms of Federal financial assistance; and
(B)$25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts); loans, grants (and subgrants); cooperative agreements; and other forms of Federal financial assistance; and
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(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at .).
(2) First-tier subcontract information. The Contractor shall report the following information by the end of the month following the month of award of each first-tier subcontract award:
(i) Unique entity identifier for the subcontractor receiving the award and for the subcontractor’s ultimate parent company, if the subcontractor has a parent company.
(ii) Name of the subcontractor.
(iii) Amount of the subcontract award.
(iv) Date of the subcontract award.
(v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.
(vi) The subcontract number assigned by the Prime Contractor.
(vii) Subcontractor’s physical address.
(viii) Subcontractor’s primary performance location.
(ix) The prime contract number, and order number if applicable.
(x) Awarding agency name and code.
(xi) Funding agency name and code.
(xii) Government contracting office code.
(xiii) The applicable North American Industry Classification System code.
(3) Executive compensation of the first-tier subcontractor. The Contractor shall report by the end of the month following the month of award of a first-tier subcontract award and annually thereafter (calculated from the prime contract award date) the names and total compensation of each of the five most highly compensated executives for that subcontractor in the subcontractor’s preceding completed fiscal year, if—
(i) In the subcontractor’s preceding fiscal year, the subcontractor received—
(A)80 percent or more of its annual gross revenues from Federal contracts (and subcontracts); loans, grants (and subgrants); cooperative agreements; and other forms of Federal financial assistance; and
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(B)$25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts); loans, grants (and subgrants); cooperative agreements; and other forms of Federal financial assistance; and
(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 (see ).
(d) Restriction. The Contractor shall not split or break down subcontracts to a value below the threshold at the Federal Acquisition Regulation 4.208(e), on the date of subcontract award, to avoid the reporting requirements in paragraph (c) of this clause.
(e) Duration. Continued reporting on first-tier subcontracts is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after a first-tier subcontract expires.
(f) Exceptions.
(1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards.
(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor.
(g) Prepopulated data. The Subcontract Reports in SAM will prepopulate with some information from SAM and the Federal Procurement Data System (FPDS). If the FPDS information is incorrect, the Contractor should notify the Contracting Officer. If the SAM information is incorrect, the Contractor is responsible for correcting this information.
I.31 52.204-13System for Award ManagementMaintenance.
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52.204-13 System for Award Management—Maintenance DEVIATION (JAN 2026)
(a) Definitions. As used in this clause—
Commercial and Government Entity code means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location (referred to as “CAGE code”); or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency to entities located outside the United States and its outlying areas that the DLA CAGE Branch records and maintains in the CAGE master file (referred to as “NCAGE code”).
Unique Entity Identifier (UEI) means an identifier used to identify a specific commercial, nonprofit, or Government entity.
(b) Active registration.
(1) The Contractor shall maintain an active Federal Government contracts registration in the System for Award Management (SAM) at during contract performance and through final payment under this contract. To maintain an active registration in SAM, the Contractor shall review at least annually its registration in SAM and validate that the information is current, accurate, and complete.
(2) The Contractor is responsible for the currency, accuracy, and completeness of the information provided within SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete information. Updating SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(c) Novation and change-of-name agreements.
(1) If the Contractor has legally changed its business name or “doing business as” name (whichever is shown on the contract), or has transferred the assets used to perform the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in part 42 of the Federal Acquisition Regulation (FAR), the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to —
(i) Change the legal business name in SAM;
(ii) Comply with the requirements of FAR part 42; and
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(iii) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with its written notification sufficient documentation to support the legally changed name.
(2) If the Contractor fails to comply with the requirements of paragraph (c)(1) of this clause, or fails to perform the agreement at paragraph (c)(1)(iii) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.
(d) Assignees.
(1) The Contractor shall not change the legal business name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR part 32). Assignees shall be separately registered in SAM.
(2) Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.
(e) Unique entity identifier (UEI). The Contractor shall ensure that its UEI is maintained throughout the life of the contract.
(f) Commercial and Government Entity (CAGE) code. The Contractor shall ensure that the CAGE code is maintained throughout the life of the contract. To update a CAGE code, the Contractor shall initiate the change by updating its SAM registration.
(g) Communicating changes. The Contractor shall communicate any change to its UEI or CAGE code to the Contracting Officer within 30 days after the change, so a modification can be issued to update the UEI or CAGE code on this contract. A change in the UEI does not necessarily require a novation.
(End of clause)
Alternate I (DEVIATION January 2026). As prescribed in 4.208(b)(2), replace paragraph (b) of the basic clause with the following paragraph (b):
(b) Active registration.
(1) If the Contractor was unable to register for Federal Government contracts in the System for Award Management (SAM) at before award, the Contractor shall register in SAM within 30 days after contract award or at least three days before submitting the first invoice, whichever occurs first.
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(2) The Contractor shall maintain an active Federal Government contracts registration in SAM during contract performance and through final payment under this contract. To maintain an active registration in SAM, the Contractor shall review at least annually its registration in SAM and validate that the information is current, accurate, and complete.
(3) The Contractor is responsible for the currency, accuracy, and completeness of the information provided within SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete information. Updating SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
[End of Clause]
I.32 52.209-10Prohibition on Contracting With Inverted
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52.209-10 Prohibition on Contracting with Inverted Domestic Corporations DEVIATION
(JAN 2026)
(a) Definitions. As used in this clause-
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Subsidiary means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, applicable law may prohibit the Government from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
(c) Exceptions to this prohibition are located at 9.108-3.
(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.
I.33 52.209-6Protecting the Governments Interest When S
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52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded DEVIATION (JAN 2026)
(a) Definition. 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” in 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 , such as agricultural products and petroleum products.
(b) The Government suspends or debars Contractors to protect the Government's interests.
Other than a subcontract for a commercially available off-the-shelf item, the…
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