36C24124B0052_1.docx
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- Attached to
- Z1DA--608-23-133, Third Floor Lab Construction Federal contract opportunity
- Solicitation number
- 36C24124B0052
About this file
This document is a solicitation for a Firm Fixed Price construction contract for the 608-23-133 Third Floor Lab Construction project at the Manchester VAMC in New Hampshire. The general scope of work includes the gut-renovation of approximately 7,800 sf on the third floor of the main medical center for a new Lab Department. The project requires a general contractor to provide all labor, materials, tools, equipment, and supervision necessary to perform the work, which includes new layout, finishes, HVAC, plumbing, fire protection, electrical, fire alarm, IT, and other low voltage systems. The estimated project value is between $5,000,000 - $10,000,000. The solicitation is set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) certified in the SBA VetCert database. Bids are due by September 19, 2024 at 1400 EST, with a public bid opening the same day. A mandatory pre-bid site visit is scheduled for September 4, 2024 at 1100 EST.
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Text version
36C24124B0052 Section L
1. SOLICITATION NUMBER
2. TYPE OF SOLICITATION
3. DATE ISSUED
PAGE OF PAGES
4. CONTRACT NUMBER
5. REQUISITION/PURCHASE REQUEST NUMBER
6. PROJECT NUMBER
7. ISSUED BY
CODE
8. ADDRESS OFFER TO
a. NAME
b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
12b. CALENDAR DAYS
13. ADDITIONAL SOLICITATION REQUIREMENTS:
STANDARD FORM 1442 (REV. 8/2014)
STANDARD FORM 1442
Prescribed by GSA-FAR (48 CFR) 52.236-1(d)
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
SOLICITATION
SOLICITATION
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
9. FOR INFORMATION
CALL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SEALED BID (IFB)
NEGOTIATED (RFP)
11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).
YES
NO
a.
Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.
b.
An offer guarantee is, is not required.
c.
All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d.
Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
36C24124B0052 X 08-22-2024
TBD
608-23-133 Department of Veterans Affairs Network Contracting Office (NCO) 1 Contracting Officer 950 Campbell Ave West Haven
CT
06516 Electronic offers sent to Paige.Pearson@va.gov Anthony.Prou@va.gov
Anthony Prou Anthony.Prou@va.gov The Manchester VAMC located at 718 Smyth Road has a requirement for a Firm Fixed Price construction contract that requires a general contractor to provide all labor, materials, tools, euipment, and supervision necessary to perform work under the 603-23-133 Third Floor Lab Construction in accordance with the Contract Documents, including technical specifications and drawings, and the attached SOW. The general scope of the requirement is for the gut-renovation of approximately 7,800sf for a new Lab Department in the West wing and part of the North wing of the Third Floor of the Main Medical Center (Building #1). The renovation project includes new layout, finishes, HVAC, Plumbing, Fire Protection, Electrical, Fire Alarm, IT, and other low voltage systems. The existing building envelope will also be addressed with new insulation/ weather barrier systems as well as new exterior window systems. Work will be required on the floors below and above to support the renovation of the third floor. The project will include work to the roofing on the west wing as new equipment is installed. The magnitude of the project is expected to range between $5,000,000.00
- $10,000,000.00.
See VAAR 852.219-10, Notice of Total Service-Disabled Veteran Owned Small Business Set-Aside of this solicitation for information in regard to requirements in order to be considered. Bidders must be CERTIFIED by the SBA's VetCert Database at the time of submission of bid and at time of award. Failure to be both CERTIFIED by VETCERT and VISIBLE in the database prior to contract award will result in the bidder being ineligible for award.
In accordance with FAR 52.204-7, System for Award Management (SAM), prospective contractors shall be registered in the SAM database at the time of bid opening and remain registered.
See full solicitation text for information related to pre-bid site visit, requests for information, bidding materials and bid opening instruction.
A physical bid opening will be held on September 19, 2024 @1400 EST, Manchester VAMC, 718 Smyth Rd, NH, building 6.
Bids will be public read aloud on the data and time specified in this solicitation.
A site visit will be held on September 4, 2024 @ 1100 EST.Participants shall meet in front of Building 6 at the Manchester VAMC Campus in Manchester, NH.
Requests for Information of a technical nature must be provided in writing and shall be submitted by the prospective bidders only by em ail to Anthony.Prou@va.gov. Oral questions are not acceptable.
The subject line must read: RFI 603-23-133 Third Floor LabConstruction Technical Questions. Questions shall be received by September 6, 2024 @ 1600 EST.
The guarantee period services included in this solicitation and contract are not/shall not be considered bid alternates. All bidders are responsible for monitoring and downloading any amendments from Contract Opportunities on https://sam.gov/content/opportunities.
Offerors shall submit their bids via email to Anthony.Prou@va.gov by 1400 EST on September 19, 2024.
X X 52.211-10 X 14:00
EDT
09-19-2024 X
14. NAME AND ADDRESS OF OFFEROR
15. TELEPHONE NUMBER
16. REMITTANCE ADDRESS
CODE
FACILITY CODE
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
AMENDMENT
NUMBER
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE
21. ITEMS ACCEPTED:
22. AMOUNT
23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
ITEM
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (
26. ADMINISTERED BY
27. PAYMENT WILL BE MADE BY
PHONE:
FAX:
28. NEGOTIATED AGREEMENT
29. AWARD
Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.
shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER
TO SIGN
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE
BY
OFFER
AWARD
STANDARD FORM 1442 (REV. 8/2014) BACK
(Include ZIP Code) (Include area code) (Include only if different than Item 14.)
(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)
(Contractor is not required to sign this document.)
(Must be fully completed by offeror) (To be completed by Government)
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
ALL ITEMS (LUMP SUM) $____________________
Department of Veterans Affairs Network Contracting Office (NCO) 1 Contracting Officer (90C) 950 Campbell Ave West Haven
CT
06516 Department of Veterans Affairs Financial Services Center PO Box 149971 Austin
TX
78714-9971 x Paige Pearson Contracting Officer
Table of Contents
| PART I - THE SCHEDULE | 1 |
| SECTION A - SOLICITATION/CONTRACT FORM | 1 |
| A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) | 1 |
| A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK | 2 |
| SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK | 5 |
| SECTION E - INSPECTION AND ACCEPTANCE | 6 |
| E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 6 |
| E.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 6 |
| SECTION F - DELIVERIES OR PERFORMANCE | 7 |
| PART II - CONTRACT CLAUSES | 8 |
| SECTION I - CONTRACT CLAUSES | 8 |
| I.1 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—PROHIBITION (DEC 2023) | 11 |
| I.2 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FEB 2024) | 15 |
| I.3 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) | 18 |
| I.4 52.223-23 SUSTAINABLE PRODUCTS AND SERVICES (MAY 2024) | 18 |
| I.5 52.223-21 FOAMS (MAY 2024) | 20 |
| I.6 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) ALTERNATE II (APR 1984) | 21 |
| I.7 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022) | 22 |
| I.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 22 |
| I.9 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION) | 23 |
| I.10 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION) | 26 |
| I.11 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008) | 27 |
| I.12 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS– CPM) (NOV 2018) | 27 |
| I.13 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 30 |
| I.14 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019) | 32 |
| I.15 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019) | 33 |
| I.16 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) | 33 |
| I.17 VAAR 852.236-90 RESTRICTION ON SUBMISSION AND USE OF EQUAL PRODUCTS (APR 2019) | 33 |
| I.18 VAAR 852.237-75 KEY PERSONNEL (OCT 2019) | 34 |
| I.19 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020) | 34 |
| I.20 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 35 |
| I.21 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019) | 35 |
| I.22 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018) | 37 |
| I.23 SUPPLEMENTAL INSURANCE REQUIREMENTS | 37 |
| I.24 MANDATORY WRITTEN DISCLOSURES | 38 |
| PART IV - REPRESENTATIONS AND INSTRUCTIONS | 39 |
| SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS | 39 |
| K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024) | 39 |
| K.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 43 |
| K.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023) | 46 |
| K.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 47 |
| K.5 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021) | 48 |
| K.6 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION (JUN 2020) | 50 |
| SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS | 52 |
| L.1 52.214-15 PERIOD FOR ACCEPTANCE OF BIDS (APR 1984) | 52 |
| L.2 52.214-31 FACSIMILE BIDS (DEC 1989) | 52 |
| L.3 52.216-1 TYPE OF CONTRACT (APR 1984) | 53 |
| L.4 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) | 53 |
| L.5 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) | 54 |
| L.6 52.228-1 BID GUARANTEE (SEP 1996) | 55 |
| L.7 52.233-2 SERVICE OF PROTEST (SEP 2006) | 56 |
| L.8 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) | 56 |
| L.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) | 56 |
| L.10 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) | 57 |
| L.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 57 |
| L.12 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB 2023) | 58 |
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
This is an invitation for bid for 608-23-133, Third Floor Lab Construction at Manchester, VAMC. Please read all attachments for a clear understanding of the solicitation and how to submit bids.
See attached document: Instructions to Bidders.
See attached document: S02 PRE-AWARD CONTRACTOR EVALUATION FORM.
See attached document: SOW - 608-23-133 Third Floor Lab Construction 8-7-2024.
See attached document: 608-23-133 3rd Floor Lab JandA Brand Name Products v1.
See attached document: 23031.00 VA.MHT Lab Reno 95 CD VA Submission compressed.
36C24124B0052 Section C See attached document: Davis-Bacon Act WD NH20240021.
Page 1 of Page 1 of
SECTION E - INSPECTION AND ACCEPTANCE
E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
(End of Provision)
E.2 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/far/index.html http://www.va.gov/oal/library/vaar/
36C24124B0052 Section E (End of Clause) Page 1 of Page 1 of
| FAR Number |
| Title |
| Date |
| 52.246-12 |
| INSPECTION OF CONSTRUCTION |
| AUG 1996 |
SECTION F - DELIVERIES OR PERFORMANCE
36C24124B0052 Section F
Page 1 of Page 1 of
| FAR Number |
| Title |
| Date |
| 52.211-10 |
| COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK |
| APR 1984 |
| 52.242-14 |
| SUSPENSION OF WORK |
| APR 1984 |
| 52.247-34 |
| F.O.B. DESTINATION |
| NOV 1991 |
PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
| FAR Number |
| Title |
| Date |
| 52.202-1 |
| DEFINITIONS |
| JUN 2020 |
| 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, RESCISSION, 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 |
| 52.203-14 |
| DISPLAY OF HOTLINE POSTER(S) |
| NOV 2021 |
| 52.203-17 |
| CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS |
| NOV 2023 |
| 52.203-19 |
| PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS |
| JAN 2017 |
| 52.204-9 |
| PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL |
| JAN 2011 |
| 52.204-10 |
| REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS |
| JUN 2020 |
| 52.204-13 |
| SYSTEM FOR AWARD MANAGEMENT MAINTENANCE |
| OCT 2018 |
| 52.204-14 |
| SERVICE CONTRACT REPORTING REQUIREMENTS |
| OCT 2016 |
| 52.204-18 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE |
| AUG 2020 |
| 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, OR PROPOSED FOR DEBARMENT |
| NOV 2021 |
| 52.209-9 |
| UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS |
| OCT 2018 |
| 52.209-10 |
| PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS |
| NOV 2015 |
| 52.210-1 |
| MARKET RESEARCH |
| NOV 2021 |
| 52.211-6 |
| BRAND NAME OR EQUAL |
| AUG 1999 |
| 52.214-26 |
| AUDIT AND RECORDS—SEALED BIDDING |
| JUN 2020 |
| 52.214-27 |
| PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA—MODIFICATIONS—SEALED BIDDING |
| JUN 2020 |
| 52.214-28 |
| SUBCONTRACTOR CERTIFIED COST OR PRICING DATA—MODIFICATIONS—SEALED BIDDING |
| JUN 2020 |
| 52.214-29 |
| ORDER OF PRECEDENCE—SEALED BIDDING |
| JAN 1986 |
| 52.215-18 |
| REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS OTHER THAN PENSIONS (PRB) |
| JUL 2005 |
| 52.219-8 |
| UTILIZATION OF SMALL BUSINESS CONCERNS |
| FEB 2024 |
| 52.219-27 |
| NOTICE OF SET-ASIDE FOR, OR SOLE-SOURCE AWARD TO, SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS (SDVOSB) CONCERNS ELIGIBLE UNDER THE SDVOSB PROGRAM |
| FEB 2024 |
| 52.222-3 |
| CONVICT LABOR |
| JUN 2003 |
| 52.222-4 |
| CONTRACT WORK HOURS AND SAFETY STANDARDS—OVERTIME COMPENSATION |
| MAY 2018 |
| 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 |
| 52.222-21 |
| PROHIBITION OF SEGREGATED FACILITIES |
| APR 2015 |
| 52.222-26 |
| EQUAL OPPORTUNITY |
| SEP 2016 |
| 52.222-27 |
| AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION |
| APR 2015 |
| 52.222-35 |
| EQUAL OPPORTUNITY FOR VETERANS |
| JUN 2020 |
| 52.222-36 |
| EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES |
| JUN 2020 |
| 52.222-37 |
| EMPLOYMENT REPORTS ON VETERANS |
| JUN 2020 |
| 52.222-40 |
| NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT |
| DEC 2010 |
| 52.222-50 |
| COMBATING TRAFFICKING IN PERSONS |
| NOV 2021 |
| 52.222-54 |
| EMPLOYMENT ELIGIBILITY VERIFICATION |
| MAY 2022 |
| 52.222-55 |
| MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026 (DEVIATION) |
| OCT 2023 |
| 52.222-62 |
| PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 |
| JAN 2022 |
| 52.223-5 |
| POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION |
| MAY 2024 |
| FAR Number |
| Title |
| Date |
| 52.225-1 |
| BUY AMERICAN—SUPPLIES |
| OCT 2022 |
| 52.225-13 |
| RESTRICTIONS ON CERTAIN FOREIGN PURCHASES |
| FEB 2021 |
| 52.225-25 |
| PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS |
| JUN 2020 |
| 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 |
| 52.228-5 |
| INSURANCE—WORK ON A GOVERNMENT INSTALLATION |
| JAN 1997 |
| 52.228-11 |
| INDIVIDUAL SURETY—PLEDGE OF ASSETS |
| FEB 2021 |
| 52.228-12 |
| PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS |
| DEC 2022 |
| 52.228-14 |
| IRREVOCABLE LETTER OF CREDIT |
| NOV 2014 |
| 52.228-15 |
| PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION |
| JUN 2020 |
| 52.229-3 |
| FEDERAL, STATE, AND LOCAL TAXES |
| FEB 2013 |
| 52.229-12 |
| TAX ON CERTAIN FOREIGN PROCUREMENTS |
| FEB 2021 |
| 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 SUBCONTRACTORS |
| MAR 2023 |
| 52.233-1 |
| DISPUTES ALTERNATE I (DEC 1991) |
| MAY 2014 |
| 52.233-3 |
| PROTEST AFTER AWARD |
| AUG 1996 |
| 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 ALTERNATE I (APR 1984) |
| NOV 1991 |
| 52.236-14 |
| AVAILABILITY AND USE OF UTILITY SERVICES |
| APR 1984 |
| 52.236-15 |
| SCHEDULES FOR CONSTRUCTION CONTRACTS |
| APR 1984 |
| 52.236-17 |
| LAYOUT OF WORK |
| APR 1984 |
| 52.236-26 |
| PRECONSTRUCTION CONFERENCE |
| FEB 1995 |
| 52.236-28 |
| PREPARATION OF PROPOSALS—CONSTRUCTION |
| OCT 1997 |
| 52.237-3 |
| CONTINUITY OF SERVICES |
| JAN 1991 |
| 52.242-13 |
| BANKRUPTCY |
| JUL 1995 |
| 52.243-4 |
| CHANGES |
| JUN 2007 |
| 52.244-6 |
| SUBCONTRACTS FOR COMMERCIAL ITEMS ALTERNATE I (JUN 2010) |
| DEC 2010 |
| 52.246-21 |
| WARRANTY OF CONSTRUCTION |
| MAR 1994 |
| 52.248-1 |
| VALUE ENGINEERING |
| JUN 2020 |
| 52.248-3 |
| VALUE ENGINEERING—CONSTRUCTION |
| OCT 2020 |
| 52.249-2 |
| TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) ALTERNATE I (SEPT 1996) |
| APR 2012 |
| 52.249-10 |
| DEFAULT (FIXED-PRICE CONSTRUCTION) |
| APR 1984 |
| 52.253-1 |
| COMPUTER GENERATED FORMS |
| JAN 1991 |
| 852.204-70 |
| PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL |
| MAY 2020 |
| 852.246-71 |
| REJECTED GOODS |
| OCT 2018 |
I.1 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—
(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.
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;
(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 performance of the contract;
(D) Name of the covered article or source subject to a FASCSA order;
(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;
(F) Brand;
(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
(H) Item description; and
(I) Any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:
(A) Any further available information about mitigation actions undertaken or recommended.
(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.
(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, 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 product or service produced or provided by a source that is subject to an applicable FASCSA order.
(e) Subcontracts. (1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.
(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts.
(End of Clause)
I.2 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FEB 2024)
(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 (d) 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 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 (f) of this clause or, if applicable, paragraph (h) 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 contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts—
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) If the Contractor represented that it 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 (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.
(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—
(1) Was set aside for small business and has a value above the simplified acquisition threshold;
(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or
(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.
(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.
(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 236220 assigned to contract number TBD.
(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.
(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _____.]
(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _____.]
(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.
(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.
(8) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it [ ] is, [ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]
(9) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that—
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _____.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
[Contractor to sign and date and insert authorized signer's name and title.] (End of Clause)
I.3 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)
The offeror represents that—
(a) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114;
(b) It [ ] has, [ ] has not filed all required compliance reports; and
(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.
(End of Provision)
I.4 52.223-23 SUSTAINABLE PRODUCTS AND SERVICES (MAY 2024)
(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 3201.2).
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 products and services that are subject to and meet the following applicable statutory mandates and directives for purchasing:
(1) Statutory purchasing programs.
(i) 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/comprehensiveprocurement-guideline-cpgprogram#products).
(ii) 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-energyefficient-products and https:// www.energystar.gov/products?s=mega).
(iii) Biobased products meeting the content requirement of the USDA under the BioPreferred® program (7 U.S.C. 8102) (7 CFR part 3201) (https://www.biopreferred.gov).
(iv) 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).
(2) Required EPA purchasing programs.
(i) WaterSense® labeled (water efficient) products and services (https://www.epa.gov/ watersense/watersense-products).
(ii) Safer Choice-certified products (products that contain safer chemical ingredients) (https://www.epa.gov/ saferchoice/products).
(iii) Product and services that meet EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023 (https://www.epa.gov/greenerproducts/recommendationsspecifications-standards-and-ecolabelsfederal-purchasing).
(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.
(3)(i) Except as provided in paragraph (b)(3)(ii) of this clause, sustainable products and services must meet the applicable standards, specifications, or other program requirements at time of quote or offer submission; and
(ii) Sustainable products and services must meet the EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023.
(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 purchasing programs apply to a specific product or service.
(End of Clause)
I.5 52.223-21 FOAMS (MAY 2024)
(a) Definitions. As used in this clause— Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0.
High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at https://www.epa.gov/snap/.
Hydrofluorocarbons means compounds that contain only hydrogen, fluorine, and carbon.
(b) Unless otherwise specified in the contract, the Contractor shall reduce its use, release, and emissions of high global warming potential hydrofluorocarbons and refrigerant blends containing hydrofluorocarbons, when feasible, from foam blowing agents, under this contract. When determining feasibility of using a particular alternative, the Contractor shall consider environmental, technical, and economic factors such as—
(1) In-use emission rates, energy efficiency, and safety;
(2) Ability to meet performance requirements; and
(3) Commercial availability at a reasonable cost.
(c) The Contractor shall refer to EPA's SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at https://www.epa.gov/snap/.
(End of Clause) I.6 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) ALTERNATE II (APR 1984)
(a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided.
(b) Wherever in the specifications or upon the drawings the words "directed," "required," "ordered," "designated," "prescribed," or words of like import are used, it shall be understood that the "direction," "requirement," "order," "designation," or "prescription," of the Contracting Officer is intended and similarly the words "approved," "acceptable," "satisfactory," or words of like import shall mean "approved by," or "acceptable to," or "satisfactory to" the Contracting Officer, unless otherwise expressly stated.
(c) Where "as shown," "as indicated," "as detailed," or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word "provided" as used herein shall be understood to mean "provide complete in place," that is "furnished and installed."
(d) Shop drawings means drawings, submitted to the Government by the Contractor,…
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