Attachment J.pdf

Solicitation 15BFA025B00000004, Replace Sewage Liner at FCI Phoenix Amendment 0006

Attachment J

This amendment hereby incorporates the following:

1. Incorporate FAR Provision 52.252-5, Authorized Deviations in Provisions

2. Incorporate FAR Clause 52.252-6, Authorized Deviations in Clauses

3. Removes the following FAR provisions and clauses:

a. 52.222-21, Prohibition on Segregated Facilities (Apr 2015)

b. 52.222-23, Notice of Requirement for Affirmative Action to Ensure Equal Employment

Opportunity for Construction (Feb 1999)

c. 52.222-26, Equal Opportunity (Sept 2016)

d. 52.222-27, Affirmative Action Compliance Requirements for Construction (Apr 2015)

4. Replaces the following provisions and clauses with Feb 2025 approved deviations

a. FAR 52.204-8, Annual Representations and Certifications (Jan 2025)

b. FAR 52.222-9, Apprentices and Trainees (July 2005)

c. FAR 52.223-2, Reporting of Biobased Products Under Service and Construction

Contracts (May 2024)

d. FAR 52.223-23, Sustainable Products and Services (May 2024)

e. FAR 52.244-6, Subcontracts for Commercial Products and Commercial Services (Nov

2024)

The amended language of the incorporated deviations are as follows:

52.204-8 Annual Representations and Certifications. (JAN 2025) [(DEVIATION FEB 2025)]

The following language is removed from the provision:

(c)(1)

(xiv), 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv), 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xix), 52.233-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation.

This provision applies to solicitations that include the provision at 52.204-7.

52.222-29 Apprentices and Trainees (July 2005)[(DEVIATION FEB 2025)]

The following language is removed from the clause:

(c) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this clause shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, and CFR part 30.

52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024)

[(DEVIATION FEB 2025)])

(a) Definitions. As used in this clause—

Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. (7

U.S.C. 8101) [7 CFR 4270.2].

USDA-designated product category means a generic grouping of products that are or can be made with biobased materials—

(1) That are listed by USDA in a procurement guideline available at https://www.biopreferred.gov/resources/categories.html; and

(2) For which USDA has provided purchasing recommendations available at https://www.biopreferred.gov [ or 7 CFR part 4270].

(b) The Contractor shall report to https://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any biobased products in USDA-designated product categories purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(c) Submit this report no later than—

(3) October 31 of each year during contract performance;

and

(2) At the end of contract performance.

(End of clause)

52.223-23 SUSTAINABLE PRODUCTS AND SERVICES (MAY 2024) [(DEVIATION FEB

2025)]

(a) Definitions. As used in this clause—

Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. (7 U.S.C. 8101)[7 CFR part 4270.2)].

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. (42 U.S.C. 6903).

Sustainable products and services means

[(1)] Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https:// www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program#products).

[(2)] Energy- and water-efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated products (42 U.S.C. 8259b) (10 CFR part 436, subpart C) (https://www.energy.gov/eere/femp/search-energy- efficient-products and https://www.energystar.gov/products?s=mega).

[(3)] Biobased products meeting the content requirement of the USDA under the BioPreferred® program (7 U.S.C. 8102) [7 CFR part 4270]

(https://www.biopreferred.gov).

[(4)] Acceptable chemicals, products, and manufacturing processes listed under EPA’s Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap).

(b) Requirements.

(1) The sustainable products and services, including the purchasing program and type of product or service, that are applicable to this contract, and any products or services that are not subject to this clause, will be set forth in the statement of work or elsewhere in the contract.

(2) The Contractor shall ensure that the sustainable products and services required by this contract are—

(i) Delivered to the Government;

(ii) Furnished for use by the Government;

(iii) Incorporated into the construction of a public building or public work; and

(iv) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract (versus costs which are normally applied to the Contractor’s general and administrative expenses or indirect costs). This includes services performed by contractors performing management and operation of Government- owned facilities to the same extent that, at the time of award, an agency would be required to comply if an agency operated or supported the facility.

(c) Resource. The Green Procurement Compilation (GPC) available at https://sftool.gov/greenprocurement provides a comprehensive list of sustainable products and services and sustainable acquisition guidance. The Contractor should review the GPC when determining which [statutory] purchasing programs apply to a specific product or service.

(End of clause)

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2024 [(DEVIATION FEB 2025)]

The following language is removed from the clause:

(c)(1)

(xi) 52.222-21, Prohibition of Segregated Facilities (APR 2015)

(xii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246)

No other changes at this time.