Amendment_2_B08_Solit_Clauses_Construction__GOGA_319407_0002.pdf
PDF 497 KB Posted
- Attached to
- GOGA 319407 - Bridge Preservation
- Solicitation number
- 140P2026R0053
About this file
This is a sealed bid solicitation issued by the National Park Service (NPS) Denver Service Center for bridge preservation construction work at Golden Gate National Recreation Area.
The solicitation, numbered 140P2026R0053 with PMIS GOGA 319407, seeks a fixed-price contract for preservation work on ten bridges: Easkoot Creek Bridge, Rodeo Lagoon Bridge, Point Lobos Viaduct, Point Bonita Trail Bridge, Point Bonita Viaduct, Point Tunnel Entrance Bridge, Point Bonita Truss Bridges #1 and #2, Crissy Field Channel Bridge, and Rodeo Lagoon Pedestrian Bridge. Four option line items are available for additional work including decking replacement, grate removal, and debris/hazardous material removal. Offerors must submit pricing for all base line items and options. The contractor must commence work within 10 calendar days of receiving the notice to proceed and complete all work within 200 days. Liquidated damages are set at $2,261 per calendar day of delay. Performance and payment bonds equal to 100 percent of the contract price are required. A 20 percent bid guarantee is required, with a maximum of $3,000,000. The solicitation is set aside for small businesses under NAICS code 237310 with a size standard of $45 million. Proposals must be submitted electronically by the deadline specified in the solicitation, organized into two volumes: Volume I (technical proposal with factors for technical approach, schedule, project experience, key personnel experience, and past performance) and Volume II (business and price proposal with SF-1442, representations and certifications, and a schedule of values). The government will conduct a best-value source selection, with non-price factors significantly more important than price. A virtual pre-proposal conference and site visit are scheduled for August 25, 2026. Pre-proposal questions must be submitted by August 28, 2026.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| Sol_140P2026R0053_Amd_0005.pdf | ||
| GOGA319407_ContractPriceSchedule_Blank_0004.xlsx | XLSX spreadsheet | |
| Sol_140P2026R0053_Amd_0004.pdf | ||
| GOGA_319315_Solicitation_Question_and_Answers_1_0004.pdf | ||
| Amendment_3_GOGA_319407_Preproposal_Presentation_0003.pptx | PPTX presentation | |
| Amendment_3_GOGA_319407_Virtual_Site_Visit_Invitation_Transcript_0003.pdf | ||
| Sol_140P2026R0053_Amd_0003.pdf | ||
| Sol_140P2026R0053_Amd_0002.pdf | ||
| Sol_140P2026R0053_Amd_0001.pdf | ||
| B08_Price_Schedule_20260817_0001.xlsx | XLSX spreadsheet | |
| B08_GOGA_319407_Amendment_1_Questions_and_Answers_20260816_0001.pdf | ||
| B08_Attach_6_Past_Performance_Vol_I.docx | DOCX document | |
| B08_Attach_1_Specifications.pdf | ||
| B08_Attach_3_Wage_Determination.pdf | ||
| B08_Attach_2_Drawings.pdf | ||
| Sol_140P2026R0053.pdf | ||
| B08_Attach_7_Gen_References_Vol_II_docx.pdf | ||
| B08_Attach_5_Project_Experience_Vol_I.docx | DOCX document | |
| B08_Attach_4_Price_Schedule.xlsx | XLSX spreadsheet | |
| B08_Attach_8_LmtOnSubconRpt.xlsx | XLSX spreadsheet |
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Text version
Date 08/01/2026 Solicitation No.
140P2026R0053
National Park Service (NPS) – Denver Service Center (DSC) GOGA 319407 – Bridge Preservation
Page
TABLE OF CONTENTS
PART I – THE SCHEDULE
SECTION A – SOLICITATION / CONTRACT FORM
SECTION B – BID SCHEDULE
SECTION C – SPECIFICATIONS / DRAWINGS
SECTION D – PACKAGING AND MARKING
SECTION E – INSPECTION AND ACCEPTANCE
52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)
52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)
SECTION F – DELIVERIES OR PERFORMANCE
52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)
52.211-13 TIME EXTENSIONS (SEPT 2000)
52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (DEVIATION JAN 2026)
52.242-14 SUSPENSION OF WORK (APR 1984)
SECTION G – CONTRACT ADMINISTRATION DATA
1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)
1452.204-70 RELEASE OF CLAIMS—DEPARTMENT OF THE INTERIOR (JUL 1996)
NOTICE TO CONTRACTORS - CONTRACTOR PERFORMANCE ASSESSMENT REPORTING
SYSTEM (DEC 2015)
ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM
SYSTEM (FEB 2021)
SECTION H – SPECIAL CONTRACT REQUIREMENTS
SPECIAL REQUIREMENT 1: COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK
SPECIAL REQUIREMENT 2: INVOICE PROCESSING
SPECIAL REQUIREMENT 3: OPTION FOR ADDITIONAL SERVICES—SEPARATELY PRICED LINE
ITEMS
SPECIAL REQUIREMENT 4: KEY PERSONNEL
SPECIAL REQUIREMENT 5:KEY TRADES
CONSTRUCTION CONTRACT ADMINISTRATION - FEDERAL ACQUISITION REGULATIONS
36.211(B)
PART II – CONTRACT CLAUSES
SECTION I – CONTRACT CLAUSES
National Park Service (NPS) – Denver Service Center (DSC) GOGA 319407 – Bridge Preservation
CLAUSES INCORPORATED BY REFERENCE
52.203-14 DISPLAY OF HOTLINE POSTER(S) (NOV 2021)
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)
52.204-2 [RESERVED]
52.204-23 [RESERVED]
52.204-25 [RESERVED]
52.204-30 [RESERVED]
52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)
52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026.
DEVIATION (DEVATION MAY 2026)
52.222-90 ADDRESSING DEI DISCRIMINATIONBY FEDERAL CONTRACTORS (DEVIATION MAY
2026)
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 (DEVIATION
MAY 2026)
52.223-10 [RESERVED]
52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL
HYDROFLUOROCARBONS (MAY 2024)
52.223-23 SUSTAINABLE PRODUCTS (DEVIATION MAY 2026)
52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)
52.228-11 INDIVIDUAL SURETY - PLEDGE OF ASSETS (FEB 2021) (DEVIATION MAY 2023)
52.228-15 PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (JUN 2020) (DEVIATION MAY
2023)
52.236-2 DIFFERING SITE CONDITIONS (DEVIATION JAN 2026)
52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (DEVIATION JAN 2026) 39
52.236-5 MATERIAL AND WORKMANSHIP (DEVIATION JAN 2026)
52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (DEVIATION JAN 2026)
52.236-7 PERMITS AND RESPONSIBILITIES (DEVIATION JAN 2026)
52.236-8 OTHER CONTRACTS (DEVIATION JAN 2026)
52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND
IMPROVEMENTS (DEVIATION JAN 2026)
52.236-10 OPERATIONS AND STORAGE AREAS (DEVIATION JAN 2026)
52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (DEVIATION JAN 2026)
National Park Service (NPS) – Denver Service Center (DSC) GOGA 319407 – Bridge Preservation
52.236-12 CLEANING UP (DEVIATION JAN 2026)
52.236-13 ACCIDENT PREVENTION (DEVIATION JAN 2026)
52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (DEVIATION JAN 2026)
52.236-17 LAYOUT OF WORK. (DEVIATION JAN 2026)
52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (DEVIATION JAN 2026)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES. (NOV 2020)
1452.203-70 RESTRICTIONS ON ENDORSEMENTS (JUL 1996)
1452.215-70 EXAMINATION OF RECORDS BY THE DEPARTMENT OF THE INTERIOR (APR 1984) .. 46
1452.228-70 LIABILITY INSURANCE. (JUL 1996)
PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J – LIST OF ATTACHMENTS
PART IV – REPRESENTATIONS AND INSTRUCTIONS
SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
PROVISIONS INCORPORATED BY REFERENCE
52.204-8 [RESERVED]
52.204-24 [RESERVED]
52.204-26 [RESERVED]
52.204-29 [RESERSED]
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2025)
52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-CERTIFICATION
DEVIATION MAY 2026)
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (FEB 2024)
52.223-1 BIOBASED PRODUCT CERTIFICATION (DEVIATION MAY2026FEB 2025)
SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS
PROVISIONS INCORPORATED BY REFERENCE
52.216-1 TYPE OF CONTRACT (APR 1984)
52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT – CONSTRUCTION MATERIALS (MAY 2014)
52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT – CONSTRUCTION MATERIALS UNDER
TRADE AGREEMENTS (MAY 2014)
52.228-1 BID GUARANTEE (SEP 1996)
National Park Service (NPS) – Denver Service Center (DSC) GOGA 319407 – Bridge Preservation
52.228-17 INDIVIDUAL SURETY – PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)
52.233-2 SERVICE OF PROTEST DEPARTMENT OF THE INTERIOR (JUL 1996) (DEVIATION)
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)
1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION—DEPARTMENT OF THE
INTERIOR (APR 1984)
INSTRUCTIONS FOR THE SUBMISSION OF OFFERS AND OTHER INFORMATION – COMPETITIVE
SOURCE SELECTION
SECTION M – EVALUATION FACTORS FOR AWARD
SPECIAL PROVISION 1: EVALUATION OF OPTIONS
PART I – THE SCHEDULE
SECTION A – SOLICITATION / CONTRACT FORM
Solicitation, Offer, and Award (SF-1442) - pages 1- 3 of this package
End of Section A
National Park Service (NPS) – Denver Service Center (DSC) GOGA 319407 – Bridge Preservation
SECTION B – BID SCHEDULE
Contract Price Schedule Template
Solicitation Number: 140P2026R0053
PARK - PMIS: GOGA 319407
(Project Management Information System) Developed Area: Golden Gate Recreation Area
Project Title: PNWR Bridge Preservation
Notice: Offerors are required to submit, a minimum, an offer that conforms to the solicitation documents with pricing for Base line items and all option line items. Failure to do so may render the proposal unacceptable. On lump-sum line items, provide the total price only. For all unit-priced line items, provide the unit price and the extended total price. If no specific line item exists for a portion of the work, include the costs in a related item. In case of error in calculation of extended prices, the unit price governs. In case of error in summation, the total of the corrected amounts govern.
Round totals and extended prices to whole dollars.
Contract Line Item Number
(CLIN)
Contract Line Item (CLI) Title Quantity Unit of Measure
Unit Price Total Price
1 Easkoot Creek Bridge 1 LS
2 Rodeo Lagoon Brdige 1 LS
3 Point Lobos Viaduct(Ocean Beach Promenade)
1 LS
4 Point Bonita Trail Bridge 1 LS
5 Point Bonita Viaduct 1 LS
6 Point Tunnel Entrance Bridge 1 LS
7 Point Bonita Truss Bridge #1 1 LS
8 Point Bonita Truss Bridge #2 1 LS
9 Crissy Field Channel Bridge 1 LS
10 Rodeo Lagoon Pedestrian Bridge 1 LS
TOTAL BASE PRICE (Contract Line Item Number 1 through 10) ---------------------------------------------------
11 OPTION 1, Crissy Field Channel Bridge - Replace Decking
1 LS
12 OPTION 2, Point Lobos Viaduct (Ocean Beach Promenade) - Remove Grate
1 LS
13 OPTION 3, Point Lobos Viaduct (Ocean Beach Promenade) - Remove Debris/Hazardous Material and Patch Concrete
1 LS
National Park Service (NPS) – Denver Service Center (DSC) GOGA 319407 – Bridge Preservation
14 OPTION 4, Point Lobos Viaduct (Ocean Beach Promenade) - No Equipment on Beach
1 LS
TOTAL PRICE FOR ALL OPTIONS (Contract Line Item Number 11 through 14) ------------------------------
TOTAL PROPOSED PRICE - BASE PLUS ALL OPTIONS (Contract Line Item Number 1 through 14) --
All measurement and payment information is included in Division 01 Specifications Section 01 27 00 Definition of Contract Line Items.
End of Section B
National Park Service (NPS) – Denver Service Center (DSC) GOGA 319407 – Bridge Preservation
SECTION C – SPECIFICATIONS / DRAWINGS
The work of this contract is for the construction of: Bridge Preservation
Golden Gate National Recreation Area
Specifications and drawings are attached and incorporated herein by reference. Refer to section J.
End of Section C
National Park Service (NPS) – Denver Service Center (DSC) GOGA 319407 – Bridge Preservation
SECTION D – PACKAGING AND MARKING
Section Does Not Apply
End of Section D
National Park Service (NPS) – Denver Service Center (DSC) GOGA 319407 – Bridge Preservation
SECTION E – INSPECTION AND ACCEPTANCE
52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)
(a) The Contractor shall comply with the higher-level quality standard(s) listed below.
(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in-
(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or
(2) When the technical requirements of a subcontract require-
(i) Control of such things as design, work operations, in-process control, testing, and inspection; or
(ii) Attention to such factors as organization, planning work instructions, documentation control, and advanced metrology.
(End of clause)
52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)
(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.
(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.
(c) Government inspections and tests are for the sole benefit of the Government and do not—
(1) Relieve the Contractor of responsibility for providing adequate quality control measures;
(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;
(3) Constitute or imply acceptance; or
(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.
(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.
(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.
(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.
(g) If the Contractor does not promptly replace or correct rejected work, the Government may—
(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or
(2) Terminate for default the Contractor’s right to proceed.
(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is
National Park Service (NPS) – Denver Service Center (DSC) GOGA 319407 – Bridge Preservation found to be defective or nonconforming in any material respect due to the fault of the Contractor or its Subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.
(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.
(End of clause)
End of Section E
National Park Service (NPS) – Denver Service Center (DSC) GOGA 319407 – Bridge Preservation
SECTION F – DELIVERIES OR PERFORMANCE
52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)
(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $2,261 for each calendar day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
(End of clause)
52.211-13 TIME EXTENSIONS (SEPT 2000)
Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.
52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (DEVIATION JAN 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.
National Park Service (NPS) – Denver Service Center (DSC) GOGA 319407 – Bridge Preservation
(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.
52.242-14 SUSPENSION OF WORK (APR 1984)
(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.
(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.
(c) A claim under this clause shall not be allowed—
(1) For any costs incurred more than 20-days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and
(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.
(End of clause)
End of Section F
SECTION G – CONTRACT ADMINISTRATION DATA
1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 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.
(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;
(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;
National Park Service (NPS) – Denver Service Center (DSC) GOGA 319407 – Bridge Preservation
(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.
1452.204-70 RELEASE OF CLAIMS—DEPARTMENT OF THE INTERIOR (JUL 1996)
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)
NOTICE TO CONTRACTORS - CONTRACTOR PERFORMANCE ASSESSMENT REPORTING
SYSTEM (DEC 2015)
1. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.
2. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in CPARS for Government use in evaluating past performance as part of a source selection action.
3. We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30-days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.
4. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.
5. Within 60-days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.
National Park Service (NPS) – Denver Service Center (DSC) GOGA 319407 – Bridge Preservation
a. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.
b. Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.
c. All information provided should be reviewed for accuracy prior to submission.
d. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.
e. Your response is due within 60-calendar days after receipt of the CPAR. On day 15, the evaluation will become available in CPARS marked as “Pending” with or without comments and whether or not it has been closed.
f. If you do not sign and submit the CPAR within 60-days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the Contractor on (date). The Contractor neither signed nor offered comment in response to this assessment."
6. The following guidelines apply concerning your use of the past performance evaluation:
a. Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.
b. Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.
c. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.
7. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven (7)-days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.
8. A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.
(End of notice)
ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING
PLATFORM SYSTEM (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. Completed copy of the CMR’s final Construction Payment Request Checklist (Submit only with the formal submittal to IPP);
2. Completed copy of the Pay Estimate Form (including signed certification of Subcontractor payments);
3. Completed copy of the Limitations on Subcontracting Report
4. Information required by contract clause 52.232-27, Prompt Payment for Construction Contracts;
5. A copy of the current construction schedule (refer to project specification section 013216); and
National Park Service (NPS) – Denver Service Center (DSC) GOGA 319407 – Bridge Preservation
6. A copy of the current Schedule of Values. (refer to project specification section 013216).
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 Invoice Processing Platform - Contact Us (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.
(End of Clause)
End of Section G
National Park Service (NPS) – Denver Service Center (DSC) GOGA 319407 – Bridge Preservation
SECTION H – SPECIAL CONTRACT REQUIREMENTS
SPECIAL REQUIREMENT 1: COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK
The Contractor shall be required to (a) commence work under this contract within 10 CO insert number calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 200 days The time stated for completion shall include final cleanup of the premises.
(End of Local Clause)
SPECIAL REQUIREMENT 2: INVOICE PROCESSING
To ensure the timely and efficient processing of contractor invoices, the contractor is required to submit a draft invoice package, which must include all necessary documentation as specified in the Section G clause titled "Electronic Invoicing and Payment Requirements – Invoice Processing Platform System (FEB 2021)." This draft invoice package should be submitted to the National Park Service Contracting Officer’s Representative (COR) and, if applicable, the Construction Management Representative (CMR) assigned to the contract, at least seven (7) calendar days prior to the intended submission to the Invoice Processing Platform (IPP) system.
Upon receipt of the draft invoice package, the COR will provide a signed cover letter, which the contractor must upload into the IPP system along with their final invoice package.
If the contractor does not receive the signed cover letter from the COR within the specified seven (7) calendar days, the contractor is authorized to proceed with uploading the invoice package, along with the draft invoice review email sent to the COR, into the IPP system for approval, in accordance with the timelines established by the Prompt Payment Act.
(End of Local Clause)
SPECIAL REQUIREMENT 3: OPTION FOR ADDITIONAL SERVICES—SEPARATELY PRICED
LINE ITEMS
The Government may require the delivery of the numbered line items identified in the Schedule as option items at the price stated in the Schedule. The Contracting Officer may unilaterally exercise the option by written notice to the Contractor within 100-days after contract award. Performance of added line-item tasks shall be at the price negotiated in the contract Schedule.
(End of clause)
SPECIAL REQUIREMENT 4: KEY PERSONNEL
(a) The Contractor shall assign to this contract the following key personnel:
Job Site Superintendent: ___________________________
Job Site Quality Control Manager: ______________________
Job Site Safety Manager: ___________________________
(b) During the first 60 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15-calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 60-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15-days prior to making any permanent substitutions.
National Park Service (NPS) – Denver Service Center (DSC) GOGA 319407 – Bridge Preservation
(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.
Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15-calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel.
(End of clause)
SPECIAL REQUIREMENT 5:KEY TRADES
(a) The Contractor shall identify firms that will perform the following KEY TRADES under this contract. If Key Trades will be self-performed, note “self-performed” in the appropriate trade; otherwise provide the name(s) of assigned Subcontractors.
Site Superintendent: __________________________
Safety Manager: __________________________
Quality Control: __________________________
(b) The assignments above are permanent for the contract duration. The Contractor shall make no substitutions of the above listed Key Trade assignments unless the substitution is approved or directed by the Contracting Officer. The Contractor shall send requests for substitutions to the Contracting Officer a minimum of 15-calendar days prior to any substitution and provide the information required by paragraph (c) below.
(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete qualification statements for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to the firm being replaced. The Contracting Officer will approve or deny substitution requests within 15-calendar days after receipt of all required information. This clause will be modified to reflect any approved changes.
CONSTRUCTION CONTRACT ADMINISTRATION - FEDERAL ACQUISITION REGULATIONS
36.211(B).
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.
End of Section H
PART II – CONTRACT CLAUSES
SECTION I – CONTRACT CLAUSES
CLAUSES INCORPORATED BY REFERENCE
The following contract clauses pertinent to this section are incorporated by reference (by Citation Number, Title, and Date) per the clause at FAR “52.252-2 CLAUSES INCORPORATED BY REFERENCE” in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to a clause’s full text.
Federal Acquisition Regulation: https://www.acquisition.gov/far/ Department of the Interior Acquisition Regulation (CFR, Title 48, Chapter 14): http://www.ecfr.gov/cgi-bin/text-idx?SID=46fff09635987db3af784ea3c7efc2e0&mc=true&tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl#1400
52.202-1 DEFINITIONS (JUN 2020)
National Park Service (NPS) – Denver Service Center (DSC) GOGA 319407 – Bridge Preservation
52.203-3 GRATUITIES (APR 1984)
52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)
52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)
52.203-8 CANCELLATION, RECESSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY
(MAY 2014)
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020)
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR
STATEMENTS (JAN 2017)
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (DEVIATION
APRIL 2026)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (DEVIATION APRIL 2026)
52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (DEVIATION APRIL 2026)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) 52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUB-CONTRACTING WITH CONTRACTOR’S
DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (DEVIATION MAY 2026)
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS
(DEVIATION MAY 2026
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (DEVIATION MAY
2026)
52.210-1 MARKET RESEARCH (DEVIATION JULY 2025)
52.215-2 AUDIT AND RECORDS-NEGOTIATIONS (JUN 2020)
52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997)
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION JAN 2026)
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (DEVIATION JAN 2026)
52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (DEVIATION JAN 2026)
52.222-3 CONVICT LABOR (DEVIATION MAY 2026)
52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS-OVERTIME COMPENSATION (DEVIATION MAY
2026)
52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (DEVIATION MAY 2026)
52.222-7 WITHHOLDING OF FUNDS (DEVIATION MAY 2026)
52.222-8 PAYROLLS AND BASIC RECORDS (DEVIATION MAY 2026)
52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (DEVIATION MAY 2026)
52.222-11 SUBCONTRACTS (LABOR STANDARDS) (DEVIATION MAY 2026)
52.222-12 CONTRACT TERMINATION - DEBARMENT (DEVIATION MAY 2026)
52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIRMENTS AND RELATED REGULATIONS
(MAY 2014)
52.222-14 DISPUTES CONCERNING LABOR STANDARDS (DEVIATION MAY 2026)
52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)
52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (DEVIATION MAY 2026) 52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES AND EQUIPMENT EXCEEDING $15,000
(DEVIATION MAY 2026)
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (DEVIATION MAY 2026)
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (DEVIATION MAY 2026)
52.222-37 EMPLOYMENT REPORTS ON VETERANS (DEVIATION MAY 2026)
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEVIATION
MAY 2026)
52.222-50 COMBATING TRAFFICKING IN PERSONS (DEVIATION MAY 2026)
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (DEVIATION MAY 2026)
52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (DEVIATION MAY 2026)
52.223-7 NOTICE OF RADIOACTIVE MATERIALS (DEVIATION MAY 2026)
National Park Service (NPS) – Denver Service Center (DSC) GOGA 319407 – Bridge Preservation
52.223-12 MAINTENANCE, SERVICE, REPAIR, OR DISPOSAL OF REFRIGERATION EQUIPMENT AND AIR
CONDITIONERS (DEVIATION MAY 2026)
52.225-13 RESTRICTIONS 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)
52.227-17 RIGHTS IN DATA – SPECIAL WORKS (DEC 2007)
52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)
52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (DEC 2022)
52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)
52.229-3 FEDERAL, STATE, AND LOCAL TAXES (DEVIATION SEP 2025)
52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)
52.232-17 INTEREST (MAY 2014)
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)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS CONTRACTORS (MAR 2023)
52.233-1 DISPUTES (MAY 2014) – ALTERNATE 1 (DEC 1991)
52.233-3 PROTEST AFTER AWARD (AUG 1996)
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN 2017)
52.242-13 BANKRUPTCY (JUL 1995)
52.243-4 CHANGES (DEVIATION SEP 2025)
52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION MAY
2026)
52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)
52.248-3 VALUE ENGINEERING – CONSTRUCTION (OCT 2025)
52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012),
ALT 1 (SEP 1996)
52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)
52.253-1 COMPUTER GENERATED FORMS (DEVIATION MAY 2026)
52.203-14 DISPLAY OF HOTLINE POSTER(S) (NOV 2021)
(a) Definition.
United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.
(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)—
(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites-
(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and
(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.
(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.
(3) Any required posters may be obtained as follows: Downloadable hotline posters as well as instructions for obtaining a hard copy poster are available at http://www.doioig.gov/hotline.
National Park Service (NPS) – Denver Service Center (DSC) GOGA 319407 – Bridge Preservation
Poster(s) Obtain From
(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and
(ii) The website(s) or other contact information for obtaining the poster(s).
(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.
(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold specified in Federal Acquisition Regulation 3.1004(b)(1) on the date of subcontract award, except when the subcontract—
(1) Is for the acquisition of a commercial product or commercial service; or
(2) Is performed entirely outside the United States.
(End of clause)
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)
(e) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 41 U.S.C. 4712 and Federal Acquisition Regulation (FAR) 3.900 through 3.905.
(f) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in FAR 3.900 through 3.905.
(g) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts.
(End of clause)
52.204-2 [RESERVED]
52.204-23 [RESERVED]
52.204-25 [RESERVED]
52.204-30 [RESERVED]
52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—
(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status);
and
(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.
(c) Applicability. This clause applies only to—
(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);
National Park Service (NPS) – Denver Service Center (DSC) GOGA 319407 – Bridge Preservation
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(3) Contracts that have been awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108;
(4) Orders expected to exceed the simplified acquisition threshold and that are set aside for small business concerns under multiple-award contracts, as described in 8.4 and 16.5;
(5) Orders, regardless of dollar value, that are set aside in accordance with sections 19.105, 19.106, 19.107, and
19.108 under multiple-award contracts, as described in 8.4 and 16.5; and
(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.
(d) Independent contractors. An independent contractor shall be considered a subcontractor.
(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—
(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;
(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;
(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or
(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the
Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.
(f) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause—
[Contracting Officer check as appropriate.]
By the end of the base term of the contract and then by the end of each subsequent option period; or
By the end of the performance period for each order issued under the contract.
National Park Service (NPS) – Denver Service Center (DSC) GOGA 319407 – Bridge Preservation
(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.
(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.
(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION. (DEVIATION
JAN 2026)
(a) Definitions. As used in this clause—
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
(b) If the Contractor represented that it was a small business concern, a small disadvantaged business concern, or a joint venture that was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the…
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