Sol_140P1325Q0034_Amd_0001.pdf

(x)

140P1325Q0034 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

PIS

Santa Fe NM 87505 P.O. Box 728 1100 Old Santa Fe Trail Building NPS, IMR - Santa Fe MABO

05/19/20250001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

05/19/2025

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of amendment 0001 to RFQ 140P1325Q0034 is to do the following:

A. Correct data input errors in the terms & conditions - All changes are highlighted yellow and include struck text and correcting text in red.

All other terms and conditions remain unchanged as a result of amendment 0001 to RFQ

140P1325Q0034.

Period of Performance: 07/17/2025 to 08/16/2025

POCs

CO: Brian Dankmeyer, brian_dankmeyer@nps.gov

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Brian Dankmeyer

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

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Part I – The Schedule

SECTION B – Price/Bid Schedule

The contractor shall complete and submit Attachment 2 Bid Schedule as their quote, which shall be valid for a minimum of 60-calendar days.

In accordance with FAR 36.204 Disclosure of the magnitude of construction projects, the magnitude for this project is between: $25,000 and $100,000.

SECTION C – Description/Specifications/Statement of Work

NATIONAL PARK SERVICE

WASHITA BATTLEFIELD NATIONAL HISTORIC SITE (WABA)

HVAC REPLACEMENT

DATED: 01/31/2025

DIVISION 01 - GENERAL REQUIREMENTS

PART 1 – GENERAL

ITEM 1 - DESCRIPTION OF WORK

1.1 Background: This project involves the replacement of six (6) existing roof mounted HVAC systems with 5-ton R410a heat pump package units with 20kw electric heat strips installed.

1.2 Work Covered by the Contract Documents:

• Project Location: Washita Battlefield NHS

• Address: 18555 Hwy 47 A, Ste A, Cheyenne, OK. 73628

• Scope of Work:

o Removal and disposal of six existing roof mounted HVAC systems in accordance with local environmental disposal regulations.

o Removal and installation to be accomplished utilizing a crane.

o Installation of six new 5-ton, R410a heat pump package units.

o Installation of 20 kW heater strips for each system.

o Testing and commissioning of all components to ensure functionality.

o Restoration of work areas to pre-construction conditions.

Period of Performance: Is anticipated to be 7/17/2025 – 8/ 16/2025; however, the Construction Delivery Date for this requirement is 30-calendar days after issuance of the Notice to Proceed.

ITEM 2 - EXISTING UTILITIES

2.1 Coordination: Notify the Contracting Officer (CO) and Contracting Officer’s Representative (COR) before beginning work. Coordinate with utility providers as necessary.

2.2 Protection and Damage:

• The contractor is responsible for locating all utilities before work begins.

https://www.nps.gov/waba/index.htm

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• Any damage to known utilities must be repaired at the contractor’s expense. Unknown utility damage must be reported immediately.

ITEM 3 - CONTRACTOR’S USE OF PREMISES

3.1 Conduct of Operations:

• Follow all National Park Service (NPS) rules and regulations found in the Superintendent’s Compendium.

• Smoking and advertisements are prohibited on-site.

• The contractor shall not communicate this project through any forms of social media, without express written consent of the park Superintendent.

3.2 On-site Work Hours: Work hours are 7 a.m. to 4:30 p.m., Monday through Friday. No weekend or federal holiday work will normally be permitted. Requests for exceptions may be submitted in writing to the CO, at least 48 hours in advance.

3.3 Site Use Limits:

• Limit disturbance to designated construction areas.

• Maintain clear access for government employees and emergency vehicles.

3.4 Storage and Staging Areas: Confine storage to designated areas. Use of parking lots and other facilities requires CO approval.

3.5 Natural Feature Preservation: Protect existing vegetation and natural features.

3.6 Housekeeping: Keep the site clean and orderly. All waste must be disposed of offsite in compliance with regulations.

ITEM 4 - COMMENCEMENT, PROSECUTION, AND COMPLETION

4.1 Begin work as per contract terms. Coordinate schedules for equipment deliveries to avoid delays.

ITEM 5 - EXAMINATION OF THE SITE

5.1 Contractors are encouraged to visit the site before quoting to understand conditions. No cost adjustments will be allowed for items visible during the site visit. The contractor shall refer to FAR Provision 52.236-27 – Site Visit (Construction) (Feb 1995) for additional site visit details. Contractors shall RSVP to brian_dankmeyer@nps.gov for the site visit with the following information:

1. Company Name:

2. Number of attendees:

3. Email and Phone number of attendees

If no RSVPs are received via email to brian_dankmeyer@nps.gov by 12:00 HRS CT 5/27/2025, the site visit will be canceled and may not be rescheduled.

ITEM 6 - ACCIDENT PREVENTION

6.1 Reporting: Document in writing weekly safety meetings and provide the minutes to the COR.

https://www.nps.gov/waba/learn/management/superintendent-s-compendium-2017.htm mailto:brian_dankmeyer@nps.gov

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6.2 PPE Requirements: All personnel must use OSHA-compliant PPE.

6.3 Hazardous Materials: Any spills must be mitigated immediately and reported to CO and COR.

ITEM 7 - PRECONSTRUCTION CONFERENCE

The contractor will attend a preconstruction meeting to finalize details. Submit required preconstruction documents at least one week before the conference.

ITEM 8 - SUBMITTALS

8.1 General Submittals:

• The contractor shall use the CM-16 Submittal Form to submit all information, samples, and product data to the government for review and approval/acceptance (refer to Attachment 2).

• Required submittals and contracted suspense dates include:

Document Description Due 1 Payment Bond @100% 10-calendar days after award 2 Certificate of Insurance (COI) 10-calendar days after award 3 SF-1413 for each prime subcontractor 14-calendar days after award 4 Safety/Accident Prevention Plan 14-calendar days after award 5 Waste Management Plan 14-calendar days after award 6 Construction Schedule Contractor shall present at preconstruction meeting 7 Product & Material Data Ongoing with long lead time items first on CM-16

The government expects to hold the pre-construction meeting ~20-calendar days after award. The preconstruction meeting shall be scheduled via MS Teams by the Contracting Officer.

• No Materials shall be ordered until the government reviews and approves/accepts the submittal. If the contractor places any orders for this requirement prior to government approval/acceptance of the submittal via CM-16, the contractor does so at their sole risk as the government shall not pay for any equipment and material it does not approve/accept via CM-16.

8.2 Progress Reporting: Provide weekly progress updates, including construction schedules.

ITEM 9 - TEMPORARY SERVICES

9.1 Water and electric provided by the park. Any additional utility needs must be supplied by the contractor.

ITEM 10 - PROJECT CLOSEOUT

10.1 Cleanup: Remove all debris and restore the site.

10.2 Final Inspection: Submit a written request for a final inspection to the CO and COR. Address any punch list items promptly.

10.3 Warranties: Provide all product warranties and maintenance manuals organized by division. Warranties begin on the date of final acceptance. The contractor shall additionally provide a 1-Year Workmanship Warranty for this project.

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10.4 Release of Claims: The contractor shall provide a Release of Claims using a DI-137. The contractor can obtain a copy of the DI-137 by emailing Contracting Officer brian_dankmeyer@nps.gov.

PART 2 – EXECUTION

1. Pre-Execution Preparation

• Site Visit and Assessment:

o Conduct a pre-project site visit to assess existing HVAC systems and site conditions.

o Confirm access routes for equipment and staging areas.

• Documentation:

o Submit required safety plans, equipment data sheets, and other submittals.

o Obtain necessary permits and approvals.

• Coordination:

o A pre-construction meeting shall take place within ~20-calendar days after award, if award is made. The pre-construction meeting will be scheduled by the Contracting Officer and it will be online using MS Teams, which will have the meeting agenda attached to it.

o Confirm utility shut-off plans and backup arrangements.

2. Mobilization

The government expects the contractor to mobilize to the site and commence work within 30-calendar days after award. If equipment lead times for HVAC equipment will exceed this expectation, the contractor shall provide to the Contracting Officer in writing, on vendor letterhead articulating any excessive lead time specifying the reasons and providing facts to support the reasoning.

• Staging Area Setup:

o See Part 4 of this document for designated storage and staging areas.

• Equipment Delivery:

o Arrange for delivery of new HVAC systems, heater strips, and supplies.

o Verify that all components are received and match specifications.

3. Demolition and Removal

• Preparation:

o Disconnect existing HVAC systems from power, refrigerant lines, and existing ductwork following

OSHA and EPA guidelines.

o Ensure containment of refrigerants in compliance with EPA regulations.

• Removal:

o Safely remove six old HVAC units.

o Disconnect high and low voltage and drain line.

o Disconnect ductwork from unit and make sure it is not connected to roof curb.

o It is recommended to have a crane on site to remove old units.

o Transport and dispose of all materials removed in compliance with local and federal regulations.

4. Installation

• HVAC Units and Air Handlers:

o Install six new 5-ton, R410a heat pump package units with 20kw electric heat strips installed.

o Secure units to rooftop curb.

o Adapt and hook up high and low voltage.

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6 | 41 o Hook up ductwork and reseal around units and ensure no leaks will occur.

o Install new PVC drain lines with p-traps.

5. Testing and Commissioning

• System Testing:

o Coordinate the following tests with the COR present to witness the testing.

o Perform pressure testing of refrigerant lines and ensure no leaks.

o Test electrical systems for proper voltage and safety compliance.

• Commissioning:

o Verify system operations, including heating, cooling, and programmable thermostat functions.

o Ensure compliance with energy efficiency and performance standards.

o No payment shall be made, and the government shall not accept any work if the newly installed HVAC units do not work as intended and or if they do not operate within the manufacture’s recommendations and specifications. The contractor is responsible for all troubleshooting required to get the units to properly work and replacing any and all equipment and or materials that do not work or function withing the manufacture’s recommendations and or specifications, at no additional cost to the government.

6. Restoration and Cleanup

• Site Restoration:

o Restore all disturbed areas, including wall penetrations and utility connections, to original conditions.

o Remove temporary barriers and fencing.

• Cleanup:

o Dispose of all waste materials and recyclables offsite in accordance with all local, state, and federal laws and regulations.

o Coordinate and conduct a site walkthrough/inspection with the COR and create a punch list with the

COR, if needed. The COR and Contractor shall sign any punch list created and email it to the contracting officer.

7. Final Inspection and Handover

• Punch List Completion:

o Address any items identified on the signed punch list promptly and coordinate a final inspection with the

COR. The COR shall sign and date the punch list indicating all work is complete and satisfactory and shall email it to the contractor and CO.

o Submit photographic documentation of completed work.

• Handover:

o Provide all operation manuals, warranties, and maintenance guides.

o Conduct a demonstration of the system for the COR and their team

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PART 3 – PHOTOS AND MAPS

Pictures

(2022 HVAC replacement with utilizing a crane to place the new units)

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(HVAC unit removed from pedestal and disconnected from ductwork)

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PART 4 – Designated Storage and Staging Areas

SECTION D - Packaging and Marking

{No clauses included}

SECTION E - Inspection and Acceptance

Clauses Incorporated by Reference:

52.246-12 Inspection of Construction (AUG 1996)

SECTION F - Deliveries or Performance

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Work shall be completed by skilled personnel per industry standards and manufacturer specifications.

Clauses Incorporated by Reference:

52.242-14 Suspension of Work (APR 1984)

Full Text Clauses:

52.211-10 -- Commencement, Prosecution, and Completion or Work (Apr 1984)

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 diligently, and (c) complete the entire work ready for use not later than 30-calendar days after receipt of Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

SECTION G - Contract Administration Data

(a) Contact Information:

The Contracting Officer administrating the Contract:

Brian Dankmeyer Contracting Officer Brian_dankmeyer@nps.gov 202-573-5697

(b) The Contracting Officer (CO) is the only person authorized to approve changes or modify any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CO. In the event the contractor effects any such change at the direction of any person other than the CO, the change will be considered made without authority and no adjustment will be made in the contract price to cover increase in costs incurred as a result thereof.

(c) Contractual problems, of any nature, which might occur during the life of the contract, must be handled in conformance with very specific public laws and regulations (e.g., Federal Acquisition Regulation), and must be referred to the CO for resolution. Only the CO is authorized to formally resolve such problems. Therefore, the contractor is hereby directed to bring all such contractual problems to the immediate attention of the CO.

(d) Any request for contract changes/modifications shall be submitted to the CO.

(e) The contractor and the Government may agree to perform a no-cost field change. Field changes are made when the change appears to be mutually beneficial to all parties and would not require changing the negotiated line items. All field changes must be approved by the CO prior to execution.

(f) All correspondence concerning this contract, such as requests for information (RFI), explanation of terms, and contract interpretation, shall be submitted to the CO.

FINAL PAYMENT

Final payment will be made only after receipt of all payrolls to include subcontractors, SF 1413 Statement of Acknowledgement for each subcontractor, project schedule, updated progress reports, material submittals, test reports, as-built drawings, warranty of construction, release of claims and any other documents requested by the contracting office as applicable. Contractor must provide a signed copy of the 'Release of Claims' to the Contract Administrator upon

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AVAILABILITY OF UTILITIES SERVICES

Notwithstanding the provisions of contract clause FAR 52.236-14, Availability and Use of Utility Services, all reasonable required amounts of water, gas, electricity, etc., essential to contract performance shall be made available, at no cost to the contractor, from existing systems, outlets, and supplies. All temporary connections, outlets, and distribution lines as may be required will be installed by the contractor at the contractor's own expense.

UTILITIES CONSERVATION

The contractor will be required to participate in government energy conservation programs. For the purpose of this contract, utilities such as water, electricity, etc., will be furnished by the government at no cost to the contractor.

OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA) INSPECTIONS

The contractor shall be subject to inspections under the OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA) program by inspectors of the Department of Labor.

INTERIM AND FINAL INSPECTIONS

1. Prior to covering, enclosing, or hiding any of type work, the Contractor must contact the Government representative to perform an interim inspection. Failure to contact the Government representative perform an interim inspection prior to concealment may result in the Contractor being required to uncover performed work sufficiently to allow for proper inspection.

2. When ready for final inspection, the Contractor shall notify the CO and COR, requesting a final inspection in writing to the CO. The final inspection shall normally be requested a minimum of three (3) calendar days before the desired date or as otherwise negotiated with the Contracting Officer.

3. The final inspection will be onsite with the Contractor, the Contracting Officer’s Representative, and Contract Specialist/Contracting Officer (when possible).

Full Text Clauses:

1452.201-70 Authorities and Delegations (Sep 2011)

a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment. The COR for this contract will be: TBD

c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

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(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR’s appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph

(e) of this clause.

e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor’s risk.

(End of Local Clause)

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Feb 2021)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

1. Copy of vendor invoice document in PDF format.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

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(End of Local Clause)

Construction Contract Administration

Federal Acquisition Regulation (FAR) 36.211(b) requires agencies provide description of policies and procedures that apply to definitization of equitable adjustments for change orders under construction contracts and data on the time required to definitize equitable adjustments for change orders under construction contracts. This information can be found at: https://www.doi.gov/pam/acquisition/policy/constructioncontract.

COMPLIANCE WITH RECENT EXECUTIVE ORDERS 14148/14208

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, and paragraph (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Agencies will not consider or use these representations. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

SECTION H - Special Contract Requirements

PROHIBITION OF ALL TERRAIN VEHICLES (ATVS) - NPS REGIONS 6, 7, AND 8

The contractor is prohibited from utilizing All-Terrain Vehicles (ATV)s on National Park Service lands. ATV is defined as: A motorized off-highway vehicle (OHV) traveling on four or more low-pressure tires, having a seat to be straddled by the operator and a handlebar for steering control.

Use of Utility Terrain Vehicles (UTVs) are permitted. UTV (also called a side-by-side) is defined as: A motorized OHV having four or more low pressure tires, designed with side-by-side seats, seatbelts, steering wheel, and optional cab, brush cage, or ROPS.

(End of Clause)

Part II – Contract Clauses

SECTION I - Contract Clauses

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): http://www.acquisition.gov

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, https://www.doi.gov/pam/acquisition/policy/constructioncontract http://www.acquisition.gov/

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Proposed for Debarment, or Voluntarily Excluded (Jan 2025) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.215-8 Order of Precedence -- Uniform Contract Format (Oct 1997) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020) 52.219-28 Post-Award Small Business Program Representation (Jan 2025) 52.222-1 Notice to the Government of Labor Disputes (Feb 1997) 52.222-3 Convict Labor (June 2003) 52.222-6 Construction Wage Rate Requirements (Aug 2018) 52.222-7 Withholding of Funds (May 2014) 52.222-8 Payrolls and Basic Records (Jul 2021) 52.222-9 Apprentices and Trainees (Jul 2005) 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 Subcontracts (Labor Standards) (May 2014) 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) 52.222-26 Equal Opportunity (Sep 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.222-50 Combating Trafficking in Persons (Nov 2021) 52.222-55 Minimum Wages Under Executive Order 13658 (Jan 2022) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (May 2024) (DEVIATION Feb 2025) 52.223-3 Hazardous Material Identification and Material Safety Data (Feb 2021) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2024) 52.223-10 Waste Reduction Program (May 2024) (DEVIATION Feb 2025) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) 52.223-20 Aerosols (May 2024) 52.223-21 Foams (May 2024) 52.223-23 Sustainable Products and Services (May 2024) (DEVIATION Feb 2025) 52.225-9- Buy American–Construction Materials (Oct 2022) 52.225-13 Restriction on Certain Foreign Purchases (Feb 2021) 52.226-7 Drug-Free Workplace (May 2024) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.227-1 Authorization and Consent (Jun 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Jun 2020) 52.227-4 Patent Indemnity- Construction Contracts (Dec 2007) 52.228-2 Additional Bond Security (Oct 1997) 52.228-11 Individual Surety - Pledges of Assets (Feb 2021)(DEVIATION May 2023) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.229-11 Tax on Certain Foreign Procurements – Notice and Representation (Jun 2020) 52.229-12 Tax on Certain Foreign Procurements (Feb 2021) 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) 52.232-16 Progress Payments (Nov 2021) 52.232-23 Assignment of Claims (May 2014) 52.232-27 Prompt Payment for Construction Contracts (Jan 2017) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management (Oct 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-1 Disputes (May 2014) 52.233-3 Protest after Award (Aug 1996)

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52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-2 Differing Site Conditions (Apr 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-5 Material and Workmanship (Apr 1984) 52.236-6 Superintendence by the Contractor (Apr 1984) 52.236-7 Permits and Responsibilities (Nov 1991) 52.236-8 Other Contracts (Apr 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) 52.236-10 Operations and Storage Areas (Apr 1984) 52.236-11 Use and Possession Prior to Completion (Apr 1984) 52.236-12 Cleaning Up (Apr 1984) 52.236-13 Accident Prevention (Nov 1991) 52.236-14 Availability and Use of Utility Services (Apr 1984) 52.236-17 Layout of Work (Apr 1984) 52.236-21 Specifications and Drawings for Construction (Feb 1997) 52.236-26 Preconstruction Conference (Feb 1995) 52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) 52.243-5 Changes and Changed Conditions (Apr 1984) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Jan 2025) 52.246-21 Warranty of Construction (Mar 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984) 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991)

CLAUSES INCORPORATED BY FULL TEXT

1452.203-70 -- Restrictions on Endorsements (Jul 1996)

Restriction on Endorsements—Department of the Interior

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205–1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

(End of clause)

1452.204-70 -- Release of Claims – Department of Interior (Jul 1996)

Release of Claims—Department of the Interior

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI–137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

(End of clause)

1452.228-70 -- Liability Insurance—Department of the Interior (Jul 1996)

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(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$200,000.00 each person

$500,000.00 each occurrence

$500,000.00 property damage

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

(End of clause)

52.204-28 Federal Acquisition Supply Chain Security Act Orders – Federal Supply Schedules, Government Acquisition Contracts, and Multi-Agency Contracts (Dec 2023)

(a) Definitions. As used in this clause—

Covered article as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order, means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and

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17 | 41 sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

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Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Notice. During contract performance, the Contractor shall be required to comply with any of the following that apply:

DHS FASCSA orders, DoD FASCSA orders, or DNI FASCSA orders. The applicable FASCSA order(s) will be identified in the request for quotation (see 8.405-2), or in the notice of intent to place an order (see 16.505(b)). FASCSA orders will be identified in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition, with its Alternate II.

(c) Removal. Upon notification from the contracting officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any covered article or any product or service produced or provided by a source that is subject to an applicable Governmentwide FASCSA order (see FAR 4.2303(b)).

(End of clause)

52.204-30 Federal Acquisition Supply Chain Security Act Orders – Prohibition (Dec 2023)

(a) Definitions. As used in this clause—

Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

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(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

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Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition.

(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5)

(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

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(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement.

(1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)

(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during…