S06_Att3 CON-IFB Amendment 0009 Executive Order Provision and Clause Changes 36C25225B0005_04102025.pdf

PART 852 – SOLICIATION PROVISIONS AND CONTRACT CLAUSES

852.222-71, Compliance with Executive Order 13899. (DEVIATION) (APR 2025)

Compliance with Executive Order 13899. (DEVIATION) (APR 2025)

a. The contractor shall comply with Executive Order 13899, Combating Anti-Semitism, pursuant to Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. 2000d et seq.

b. The contractor shall timely disclose, in writing, to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation under Executive Order 13899, Combatting Anti-Semitism pursuant to the Civil Rights Act of 1964 (Title VI), 42 U.S.C.

2000d et seq.

c. The contractor shall include the terms and conditions of this clause in every subcontract or purchase order so that these terms will be binding on every subcontractor or vendor.

(End of clause)

The following FAR clauses were included in the contract and remain. However, they are hereby edited from their previous version to the version noted below:

52.204-8 Annual Representations and Certifications Paragraph XIV 52.222-22 is hereby removed.

Paragraph XV 52.222-25 is hereby removed.

52.222-6 Construction Wage Rate Requirements Clause from August 2018 is hereby replaced with the same clause (Deviation Feb 2025). Paragraph (3) is hereby edited to the following:

“Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed.

52.222-11 Subcontracts (Labor Standards) Clause from May 2014 is hereby replaced with the same clause (Deviation Feb 2025). Paragraph (b)(3) is hereby deleted.

52.222-12 Contract Termination – Debarment Clause from May 2014 is hereby replaced with the same clause (Deviation Feb 2025). Clause is hereby edited to the following:

“A breach of the contract clauses entitled Construction Wage Rate Requirements, Contract Work Hours and Safety Standards—Overtime Compensation, Payrolls and Basic Records, Compliance with Copeland Act Requirements, Subcontracts (Labor Standards), Compliance with Construction Wage Rate Requirements and Related Regulations, or Certification of Eligibility may be grounds for termination of the contract, and for debarment as a Contractor and subcontractor as provided in 29 CFR 5.12.”

Additional Contract Language:

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.