36C25926R0047.docx

36C25926R0047 Section M

1. THIS CONTRACT IS A RATED ORDER

RATING

PAGE OF

PAGES

UNDER DPAS (15 CFR 700)

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

4. TYPE OF SOLICITATION

5. DATE ISSUED

6. REQUISITION/PURCHASE NUMBER

SEALED BID (IFB)

NEGOTIATED (RFP)

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

(If other than Item 7) NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

9. Sealed offers in original and _____________________________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in until local time _______________________ (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All Offers are subject to all terms and conditions contained in this solicitation.

A. NAME

B. TELEPHONE (NO COLLECT CALLS)

C. E-MAIL ADDRESS

AREA CODE

NUMBER

EXTENSION

(X)

SEC.

DESCRIPTION

PAGE(S)

(X)

SEC.

DESCRIPTION

PAGE(S)

PART I - THE SCHEDULE

PART II - CONTRACT CLAUSES

A

SOLICITATION/CONTRACT FORM

I

CONTRACT CLAUSES

B

SUPPLIES OR SERVICES AND PRICES/COSTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C

DESCRIPTION/SPECS./WORK STATEMENT

J

LIST OF ATTACHMENTS

D

PACKAGING AND MARKING

PART IV - REPRESENTATIONS AND INSTRUCTIONS

E

INSPECTION AND ACCEPTANCE

F

DELIVERIES OR PERFORMANCE

G

CONTRACT ADMINISTRATION DATA

L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

H

SPECIAL CONTRACT REQUIREMENTS

M

EVALUATION FACTORS FOR AWARD

K

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

10 CALENDAR DAYS (%)

20 CALENDAR DAYS (%)

30 CALENDAR DAYS (%)

CALENDAR DAYS (%)

(See Section I, Clause No. 52-232-8)

14. ACKNOWLEDGEMENT OF AMENDMENTS

AMENDMENT NO.

DATE

AMENDMENT NO.

DATE

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

UEI:

EFT:

CODE

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

15A. NAME AND

ADDRESS OF

OFFEROR

(Type or print)

15B. TELEPHONE NUMBER

17. SIGNATURE

18. OFFER DATE

AREA CODE

NUMBER

EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

(4 copies unless otherwise specified) 10 U.S.C. 2304(c) 41 U.S.C. 3304(a) ( )

24. ADMINISTERED BY (If other than Item 7)

25. PAYMENT WILL BE MADE BY

CODE

PHONE:

FAX:

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

(Signature of Contracting Officer)

(REV. 6/2014)

10. FOR INFORMATION CALL:

11. TABLE OF CONTENTS

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 33

Previous edition is unusable Prescribed by GSA-FAR (48 CFR) 53.214(c)

SOLICITATION, OFFER AND AWARD

SOLICITATION

OFFER (Must be fully completed by offeror) AWARD (To be completed by Government) N/A 36C25926R0047 X 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village

CO

80111 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village

CO

80111 N/A

2:00PM

MDT

05-15-2026 Robyn Young 307-433-3728 robyn.young2@va.gov See Attached Table of Contents X X X 5-17 X X X X X X 23-70 X X 72-79 X 80-93 X 94-98

Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village

CO

80111 Department of Veterans Affairs Financial Service Center PO Box 149971 Austin

TX

78714-9971 Table of Contents

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

Miles City Campus Demolition as per the Statement of Work Contract Period: Base POP Begin: 07-01-2026 POP End: 06-30-2027 PRINCIPAL NAICS CODE: 238910 - Site Preparation Contractors PRODUCT/SERVICE CODE: P400 - Salvage - Demolition of Buildings

36C25926R0047 Section B

Page 1 of Page 1 of

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Statement of Work

36C25926R0047 Section C

Page 1 of

STATEMENT OF WORK

Miles City Campus Demolition Project 436-24-105

210 S Winchester Ave Miles City, MT 59301

SITE VISIT: A pre-proposal site visit will be held On April 9, 2026 at 1:00 pm MDT. Attendees will meet at the front entrance of the main building (shown above) located at 210 S. Winchester Dr., Miles City, Montana, 59301. This site visit is not mandatory but highly encouraged.

Questions: All questions to this solicitation shall be received in writing to the contract specialist, Robyn Young, at robyn.young2@va.gov no later than COB April 15, 2026. Questions received after this time will be late and the Government reserves the right to not consider them.

Proposal due date: See page 1, block 9 for solicitation due date and time.

1.0. PROJECT:

Project Title: Miles City Campus Demolition

2.0. SCOPE OF SERVICES:

The Contractor shall provide all professional services necessary for the accomplishment of the project and such required services shall be in accordance with requirements as described herein. The Miles City Campus has undergone asbestos removal and abatement in 2019; therefore, the Government does not anticipate any asbestos containing materials to be encountered. The site consists of a 14.486-acre tract developed with twelve buildings totaling approximately 175,000 square feet and associated asphalt parking and landscaped grounds. The scope includes the demolition and removal of a four-story building and 11 single/double story buildings including slabs, foundations, sidewalks, paved surfaces and utilities in their entirety. Utilities include electrical, plumbing, sewage, water, gas, etc. The scope of work includes complete demolition of the structure and proper disposal of all resulting rubbish, debris, and any excess soil from government property. The Contractor shall remove and transport any debris in a manner that prevents spillage on streets or adjacent areas and not create a public nuisance. Dispose of excess soil in accordance with federal, state, and local hauling and disposal regulations and the contractor’s Soil Management Plan presented to the government.

3.0 PROJECT REQUIREMENTS:

1. A pre-proposal site visit is highly encouraged to confirm locations, dimensions, and conditions of the project before a proposal is submitted. The site visit will be arranged by the Government at a time and date to be determined for the purpose of observing firsthand any conditions relevant to the completion of this project.

3.1 Proposal Schedule:

1. The Base Proposal shall include but is not limited to all work as described within this Statement of Work and attached specifications.

3.2 Description of Work:

a. The contractor shall demolish the Miles City Campus in its entirety, backfill any resulting voided areas with friable topsoil to match the surrounding ground, and establish turfgrass for permanent erosion control. Building 1 is a four-story brick structure, with flat roof and a crawl space basement. Building was constructed in 1948 and is 54,231 square feet. Please see Appendix A for list of buildings to be demolished.

b. The Contractor shall completely demolish and remove the buildings, structures and utilities, including all appurtenances within the footprint of the building including foundations to one foot below existing basement soil elevations. Demolition shall include removing the building, foundations and footings to one foot below existing grade of basement soil, concrete pad, water lines, sewer lines, gas lines, and all appurtenances related or connected thereto. The sewer line shall be traced to the manhole and plugged its entrance to the manhole. Removed utilities shall be terminated in a manner conforming to the nationally recognized code covering the specific utility and approved by the Contracting Officer Representative (COR).

c. During demolition, the Contractor shall provide all necessary safeguards such as warning signs, barricades, temporary fences, warning lights, and other similar items that are required for protection of all personnel during demolition and removal operations. Maintain fences, barricades, lights, and other similar items around exposed excavations until such excavations have been completely filled in.

d. Contractor shall inspect the site and building to complete an assessment for demolition before the demolition starts. Contractor is responsible for the proper off-site disposal of all debris generated by the demolition and in accordance with all applicable local, state, and national regulations. If any hazardous waste is found, contractor shall inform the Location Monitor, Engineering Project Manager, Contracting Office Representative (COR), and Contracting Officer (CO) upon first contact and decide what kind of specialized equipment and methods per Federal and State regulations shall be used to remove and dispose of any hazardous waste. All utilities shall be disconnected and safely removed. Contractor is responsible for capping gas, water and sewer lines.

e. After demolition, disturbed areas shall be leveled with friable topsoil which shall be placed and spread to the height of the surrounding area and seeded with grass seed mixture to match surrounding vegetation followed by an application of straw mulch and any other necessary erosion control best management practices to prevent erosion until growth and coverage is achieved. Any trees that are damaged by the Contractor shall be repaired and treated accordingly. All broken tree limbs shall be sawed off evenly and cut faces painted with an appropriate compound. All repairs and treatments shall be done in accordance with the forestry regulations of the authority having jurisdiction and at Contractor's expense. On completion of work, leave site in clean condition.

f. Demolish/Dispose of all buildings including all building elements such as foundation (except for piles), slab, floor, wall, column, beam, ceiling, finishes, doors, windows, roof, toilet fixture/accessories, furniture, appliances, insulation, awnings, HVAC & Plumbing systems, fuel, fluids and refrigerant, electrical systems, fire suppression/alarm/mass notification systems, CATV/CCTV/COMM systems, mechanical and electrical equipment etc. All furniture, appliances, equipment, building contents, and debris shall be removed from the campus and disposed of by the contractor.

g. Demolish/Dispose of outdoor site elements such as sidewalk, curbs, manholes, concrete pad, patio blocks, trash enclosure, mechanical and electrical equipment, underground fuel storage tanks, and all other exterior structures. There are three (3), 2000-gallon underground storage tanks that are filled to capacity with diesel fuel. Locations are noted on drawings.

h. Contractor shall perform a metal sweep of the restored demolition site and the roads used to haul the demolished material offsite.

i. Contractor shall terminate, remove, shut off, cut and cap existing underground and overhead utilities such as domestic water, fire water, storm drainage, sewer, fuel, power, gas, communication including associated manholes, handholes, transformers, switches, poles, steelwork, concrete, pavement and finishes. Existing utilities not included in the demolition work will be protected from damage.

j. Contractor is responsible for any damage to adjacent items or property that may become damaged during demolition. The Contractor is responsible for making repairs to meet or exceed conditions prior to damage.

k. Pre-Proposal Site Visit: The Contractor is highly encouraged to attend the scheduled site visit prior to submitting their proposal, to observe existing site conditions. No compensation will be provided for conditions that would have been visible during the highly encouraged site visit.

3.2.1 Pre-Demolition Phase Services:

1. Pre-Demolition Submittals

Prior to issuance of Notice to Proceed (NTP) the following submittals must be submitted to the Contracting Officer Representative (COR) and Contracting Officer (CO) and copied to the Engineering Project Manager (EPM) for approval. Please see Section 7.0 for a detailed list and timetable for deliverables. Deliverable items include:

0. Contractor shall submit a proposed work schedule that includes the daily starting and stopping time, and days of the week the Contractor proposes to carry out the work.

0. Contractor shall provide a Demolition plan, including order of demolition and associated schedule.

0. Contractor shall provide a Demolition Cost Proposal presented in a cost break-out format resembling a Schedule of Values.

0. Contractor shall provide a Quality Control Plan.

0. Contractor shall provide site specific Accident Prevention Plan/Safety Plan that includes contact information and directions to the nearest Emergency Medical Facility and Minor Medical Provider.

0. Contractor shall provide, to the COR & CO a list of contract personnel of the general and subcontractors, who will be emergency contacts, including addresses and telephone numbers for use in an emergency. As changes occur and additional information becomes available, the contractor shall update the list.

0. Contractor shall provide a Waste management plan.

0. Contractor shall provide a description of proposed debris disposal haul routes.

0. Contractor shall provide a soil management plan.

3.3 Government Furnished Equipment\Services:

1. The Government will furnish a reasonable amount of electricity and water until utilities are disconnected.

4.0 GENERAL REQUIREMENTS:

4.1 Permits:

Where governing regulations and imposed codes and standards require notices, permits, licenses, inspections, tests, and similar items or actions to lawfully proceed with the required work, the Contractor shall obtain items and take those actions in accordance with the regulations of the governing authority. The costs of such permits, licenses, inspections, etc., are the obligation of the Contractor. Submit copies of demolition, hauling, and debris disposal permits and notices for record purposes to the COR.

4.2 Utility Severance Certificates:

Provide certificates, issued by the utility owners, of severance of utility services for record purposes if required.

4.3 Demolition Plan:

Submit a comprehensive demolition plan, describing the proposed sequence, methods, and equipment for demolition, removal, and disposal of the buildings. All applicable notifications must be completed by the contractor to local, state, and federal agencies.

4.4 Existing Installations / Demolition:

Contractor shall coordinate demolition of existing installations with COR. The contractor shall provide all labor and equipment necessary for the removal and disposal of the structures, in accordance with all applicable federal, state, and local regulations. The work shall consist of removing the debris generated from demolishing the identified structures. All other demolition debris shall be collected and transported to the local licensed disposal site. Disposal fees are the responsibility of the contractor. The contractor shall maintain a record of waste generated and waste disposed of and shall be submitted to the COR no later than 10 business days after contract completion.

4.5 Quality Control:

The work performed under this contract shall be subject to continuous audit by the COR. Quality control is the exclusive responsibility of the Contractor. Contractor shall provide a Quality Control Manager (QCM) for this project. This individual may also serve as the Site Safety Health Officer so long as they meet the qualifications for both roles. This person MAY NOT serve as the Site Superintendent for the project.

4.6 Protection of Work and Property/Safety Requirements:

1. The Contractor shall protect the work, the site, and all existing property and structures within the limits of the demolition activities or that may be affected thereby until acceptance of the work. Contractor protection of site will be contingent upon proper demolition phasing and will be coordinated and approved by the COR prior to demolition. Any damage to property shall be repaired at the Contractor’s expense to pre-damaged condition to the satisfaction of the COR.

1. Safety and health matters, as they relate to the work, are the exclusive responsibility of the Contractor. The Contractor shall furnish, erect, and maintain barricades, warning lights, signs, guards, and take all precautions as may be required by law or local authorities of protection and security.

1. Contractor shall provide a Site Safety/Health Officer (SSHO) for this project. This individual may also serve as the QCM so long as they meet the qualifications for both roles. This person MAY NOT serve as the Site Superintendent for the project.

1. Open depressions and excavations occurring as part of this work shall be barricaded and posted with warning lights when accessible through adjacent property or through public access. Operate warning lights from dusk to dawn each day.

d. Provide continuous noise and dust abatement as required to prevent disturbance and nuisance to the public and workers and to the occupants of adjacent premises and surrounding areas. Dampen or cover areas affected by demolition operations as necessary to prevent dust nuisance.

e. The Contract Documents may not represent all surface conditions at the site and adjoining areas. The known surface conditions are as indicated and shall be compared with actual conditions before commencement of work and the cost shall be included in the contractor’s proposal.

4.7 Hazardous material:

a. The campus was constructed in 1951. An asbestos removal and abatement project was performed recently and was completed in 2019 therefore there are no known asbestos issues present. It is believed that there are no other hazardous materials within the building structure or on this Miles City campus. Existing conditions are reflected correctly to the best of Government knowledge. Owner makes no representation, warranty, or guaranty that the conditions indicated either are representative of those conditions existing throughout the area, or that unforeseen developments may not occur, or that materials other than, or in proportions different from those indicated may not exist. Contractor shall closely inspect the site before turning in their proposal and shall notify the owner of any suspicious materials encountered.

a. A “competent person” who is trained in a manner consistent with the National Emissions Standard for Hazardous Air Pollutants (NESHAP) and Environmental Protection Agency (EPA) requirements must be present on site when contaminated debris removal and disposal is taking place.

b. The contractor shall designate a single individual that will serve as the main point of contact for all environmental regulatory matters and have overall responsibility for identification of marking, labeling, and packaging; completion of hazardous waste manifests, asbestos waste shipment records, PCB manifests, bills of lading, exception, and discrepancy reports; and all other environmental documentation.

4.8 Disposal of Removed Materials and Debris:

a. Dispose of removed furniture, equipment, appliances, materials, waste, trash, and debris in a safe, acceptable manner, in accordance with applicable laws and ordinances and as prescribed by authorities having jurisdiction.

b. The burying of trash and debris on the site will not be permitted. Burning of trash and debris at the site will not be permitted.

c. Remove trash and debris from the site at frequent intervals so that their presence will not delay the progress of the work or cause hazardous conditions for workers and/or the public.

1.

d. Removed materials, trash, and debris shall become the property of the Contractor and shall be removed from the project site and be disposed of in a legal manner. Location of disposal site and length of haul shall be the Contractor's responsibility. See attached Specifications, section 01 74 19 “Construction Waste Management” for guidance on salvage, recycling and material disposition requirements.

e. Unless state or local regulations require a higher percentage, the Contractor should strive to achieve end-of-project diversion (recycling nonhazardous demolition waste) rate goal of 50 percent by weight of total non-hazardous solid waste generated by the Work. Practice efficient waste management in the use of materials in the course of the work. Use all reasonable means to divert demolition waste from landfills and incinerators.

f. Waste Management Plan: Full plan shall be submitted within 14 days of the Notice to Proceed (NTP). Approval of the contractor’s plan does not relieve the contractor of responsibility for compliance with all applicable local, state, or federal environmental laws/regulations.

g. If any waste materials encountered during the demolition phase are found to contain lead, asbestos, PCBs, fluorescent lamps, or any hazardous substances, they are to be handled and removed in accordance with local, state, and federal laws and requirements concerning hazardous waste as well as any specific hazardous waste requirements stated in different sections. These materials and any other hazardous materials must be excluded from the demolition waste stream calculations.

h. Comply with hauling and disposal regulations of authorities having jurisdiction, per federal, state and local requirements.

4.9 Temporary Facilities:

a. Temporary utilities (water and electricity) may be furnished to the Contractor by the Government, if so requested. The Contractor shall maintain and protect all such utilities during the course of demolition and shall repair or replace any items it damaged.

b. Should the Contractor require any power or utility shutdowns during demolition, the Contractor shall obtain approval for such shutdown from the COR three working days prior to the need.

4.10 Cleanup:

The demolition site shall be kept clean and free of debris at all times. Restore areas disturbed as nearly as possible to the original appearance and condition. Upon completion of the project, and prior to final inspection, the Contractor shall remove from the premises all unused material, trash, and debris resulting from the work to the satisfaction of the COR.

4.11 Warranty:

All work shall be guaranteed for workmanship and material failures for a period of one (1) year from the date of final acceptance of the work. The contractor shall submit all product warranty documents to the COR.

5.0 PROJECT SCHEDULE:

The period of performance shall be 365 days after receiving the Notice to Proceed (NTP) from the Contracting Officer (CO). Actual demolition of Bldg. 1 (Hospital Bldg.) and Bldg. 15 (Nursing Home), and any associated utilities, cannot start until the Nursing Home operations are transitioned into the new facility off campus tentatively scheduled for October 2026. Any delays to this transition could impact the overall timeline of this project and could result in extension of the established Period of Performance. If utilities are capped off, buildings 2, 3, 4, 5, 6, 7, and 13 could be demolished early.

The Contractor shall submit a project schedule within (14) calendar days after the date of receipt of award which shows successful completion of the project within the period of performance. This schedule shall be submitted to the COR and CO for approval. The schedule shall include a detailed description of the methods and equipment to be used for each operation and the sequence of operations. Upon any contract modifications, the Contractor shall submit a revised schedule to the COR and CO for approval.

At a minimum, the schedule shall include project milestones, for each task, to include, but not limited to:

• Notice to Proceed Date

• Submittal Submission Date

• Government Review Time (2 weeks)

• Submittal Approval Date

• Demolition Start Date

• Demolition End Date

• Substantial Completion

• Final Acceptance

• Warranty End Date

• Final Warranty Inspection Date

6.0 SITE PHOTOGRAPHS

See attachment titled “Appendix A”.

7.0 DELIVERABLES

8.0 Codes and Standards

VA has adopted the latest edition of the following codes and standards as a minimum for all projects performed in the modernization, alteration, addition, or improvement of its real property and the demolition of structures. VA design Manuals and Master Specifications specify other codes and standards that VA follows on its projects:

VA Directives, Design Manuals, Master Specifications, VA National CAD Standard Application Guide, and other Guidance on the Technical Information Library (TIL) will apply to this project. The contractor shall comply with all applicable VA specifications located at:

https://vatilms.va.gov/vatilms/reports/PG-18-1%20Master%20Construction%20Specifications/VA%20Specs

Please pay special attention to the divisions listed below.

· Division 01 – General requirements

· 01 00 00 General Requirements

· 01 35 26 Safety Requirements

· 01 45 00 Quality Control

· Division 02 – Existing Conditions

· 02 21 13 Site Surveys

· 02 41 00 Demolition

· 02 65 00 Underground Storage Tank Removal

· All abatement Sections

· Division 31 – Earthwork

· Division 32 – Exterior Improvements

9.0 PRIVACY STATEMENT

Information Security: The C&A requirements do not apply; a Security Accreditation Package is not required. Incidental exposure to protected health information may occur from accessing the work site. Staff will follow all Privacy & Security policies and procedures.

SECTION D - PACKAGING AND MARKING

[For this RFP, there are NO clauses in this Section] 36C25926R0047 Section D

SECTION E - INSPECTION AND ACCEPTANCE

36C25926R0047 Section E

SECTION F - DELIVERIES OR PERFORMANCE

36C25926R0047 Section F

SECTION G - CONTRACT ADMINISTRATION DATA

36C25926R0047 Section G

SECTION H - SPECIAL CONTRACT REQUIREMENTS

36C25926R0047 Section H

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.

Updates of Publicly Available Information Regarding Responsibility Matters (Deviation Date)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via https://www.sam.gov.

(b) All information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by-

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for-

(i) Past performance reviews required by part 42.

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that the Government has posted. FAPIIS will retain the comments as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) All information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available (section 3010 of Pub. L. 111-212).

(d) The Government will handle public requests for system information posted prior to April 15, 2011, under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause) I.2 52.210-1 Market Research Market Research (DEVIATION JUN 2025)

(a) Definition. As used in this clause— Commercial product, commercial service, and nondevelopmental item have the meaning contained in Federal Acquisition Regulation (FAR) 2.101.

(b) Before awarding subcontracts for noncommercial acquisitions, where the subcontracts are over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, the Contractor shall conduct market research to determine, in the following order of priority, whether—

(1) A commercial product or commercial service can meet the agency's requirements;

(2) The requirements could be modified so the agency could use an existing commercial product or commercial service;

(3) A commercial product or commercial service could be modified to meet the agency's requirements; or

(4) The requirement can only be satisfied by a nondevelopmental item.

(End of clause) I.3 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2025) (DEVIATION)

(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 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) 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.

(d) 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.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation(s) required by paragraph (b) 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 officer in writing within the timeframes specified in paragraph (b) of this clause, that the data have been validated or updated, and provide the date of the validation or update.

(f) 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 (e) or (g) of this clause.

(g) 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 238910 assigned to contract number .

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (g)(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) Women-owned small business (WOSB) joint venture 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: _____.]

(4) 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: _____.]

(5) 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: _____.]

(6) HUBZone joint venture eligible under the HUBZone Program. [Complete only if the offeror is a HUBZone small business concern.] The offeror represents, as part of its offer, that It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _____.] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern.

[Contractor to sign and date and insert authorized signer's name and title. ______________________] (End of Clause)

I.4 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

(End of Clause)

I.5 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause— Sustainable products means—

(1) A product that contains recovered material designated by the 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) An energy-efficient product or low standby power device (42 U.S.C. 8259b) (10 CFR part 436, subpart C) (https://www.energy.gov/femp/search-energy-efficient-products, https://www.energystar.gov/products?s=mega, and https://www.energy.gov/femp/low-standby-power-product-list).

(3) A biobased product that meets the content requirements of the USDA under the BioPreferred® program (7 U.S.C. 8102) (7 CFR Part 4270) (https://www.biopreferred.gov/)

(4) A substance identified in the EPA’s Significant New Alternatives Policy (SNAP) program as a safe alternative to an ozone-depleting substance (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables).

(b) Requirements. The Government has identified in the statement of work or elsewhere in the contract the sustainable products that are required during the performance of this contract. The Contractor shall ensure that it provides sustainable products as required by this contract, when the products are—

(1) Delivered to the Government;

(2)Furnished for use by the Government;

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

(c) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract.

(End of Clause) I.6 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause— Caribbean Basin country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is—

(i) A commercial product (as defined in paragraph (1) of the definition of ‘‘commercial product’’ at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if—

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for…