36C26026R0011_1 Solicitation Page 27.pdf
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- Attached to
- Y1DA--CON-NRM-668-24-102 Replace Windows Building 1 Federal contract opportunity
- Solicitation number
- 36C26026R0011
About this file
This document is an excerpt from a federal contract solicitation containing clause language and small business representations requirements.
The document addresses small business status representations and certifications required from contractors. Under clause (g), contractors without existing representations in the System for Award Management (SAM) or lacking a representation for the applicable NAICS code (236220) must complete a rerepresentation and submit it to the contracting office with the contract number and completion date. The rerepresentation requires contractors to indicate their status across multiple small business categories: small business concern, small disadvantaged business (SDB), women-owned small business (WOSB) joint venture, economically disadvantaged women-owned small business (EDWOSB) joint venture, service-disabled veteran-owned small business (SDVOSB) joint venture, and HUBZone joint venture. For joint ventures, contractors must provide the names and unique entity identifiers of all parties. The document also includes the beginning of clause 52.225-9, the Buy American—Construction Materials clause (October 2022 version with November 2025 deviation), which defines commercially available off-the-shelf (COTS) items as any item of supply including construction material meeting specific criteria.
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(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 236220 assigned to contract number TBD.
(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)
4.4 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)
(DEVIATION NOV 2025)
(a) Definitions. As used in this clause—
Commercially available off-the-shelf (COTS) item—
(1) Means any item of supply (including construction material) that is—
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