75H71525R00005.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

IHS1513474

Nashville Area Office

711 Stewarts Ferry Pike

Nashville TN 37214

ANDREW RHOADES

1x 06/11/2025

75H71525R00005

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

0 45 calendar days and complete it within ________________ ________________ calendar days after receiving

06/30/2025

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (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.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

Nashville Area Office 711 Stewarts Ferry Pike

Nashville TN 37214

ANDREW A. RHOADES

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 39

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

75H71525R00005

Monacan Health Center Minor Construction Tasks

Delivery: 07/31/2025

Delivery Location Code: IHSNASHVILLE

NASHVILLE AREA OFFICE

711 STEWARTS FERRY PIKE

NASHVILLE TN 37214 US

1 The Monacan Health Center needs a contract for the execution of all outstanding construction tasks associated with the final installation commissioning and connection of medical and dental equipment including correction of outstanding fa

Attachment 1 - IEE Form

Attachment 2 - WD

Attachment 3 - WH-347

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

B. Supplies or Services and Price/Costs:

a. Electrical, Plumbing, Mechanical Work:

i. Make any/all necessary final connections required from equipment to existing building services to provide fully functional equipment in accordance with code, manufacturer specifications and all applicable regulations.

b. Mounting and Anchorage:

i. Properly secure and install all supplied equipment ensuring compliance with manufacturer requirements, facility design standards and load-bearing requirements.

c. Finishing:

i. Make good any intrusions or damage to surfaces, ceiling grid providing a finished result consistent with surfaces conditions, paints, trims, tiles, ceiling grid in existing room.

d. Disclosure of Magnitude: Less than $25,000.00

e. Project Location: Madison Heights, VA

C. Description/Specifications/Statement of Work:

a. Statement of Work:

i. Background

1. Indian Health Services Nashville operates a number of health clinics providing critical health services to Tribal communities within the Nashville Area Region. This region serves a population of over 60,000 users, 36 Tribal Nations and 3 Urban Indian Health programs located across the Eastern USA. The Monacan Health Clinic located at 108 Dixie Airport Rd, Madison Heights, VA 24572 is a recently completed 14,000 square foot outpatient medical clinic. Various remaining construction tasks are required to complete the final installation of dental equipment, medical equipment and correct identified issue throughout the clinic in preparation for its opening in May 2025.

ii. General Tasks and Scope

1. This contract is for the execution of all outstanding construction tasks associated with the final installation, commissioning, and connection of medical and dental equipment, including correction of outstanding facility deficiencies.

2. These construction efforts shall include, but are not limited to, electrical, plumbing, mechanical, and finish work necessary to integrate the supplied equipment into the facility.

3. The contractor shall provide all management, supervision, personnel, tools, labor, equipment, transportation and materials required to make all necessary alterations to the specified rooms in order to install the required equipment.

4. The contractor shall be responsible to install all supplied items to fully functional and operational status, completing all required connections to all building utilities without loss of existing functionality or quality.

iii. Specific Tasks

1. Complete Installation Tasks for Dental Vacuum (1) & Compressor (1):

a. Pull required power from panel to equipment. Supply and install

(1) disconnect for each unit in accordance with equipment specifications.

b. Connect both units to respective control panel switch

c. Supply and install roof vent (see figure three) for dental vacuum in accordance with equipment requirements and existing facility drawing details.

d. Install existing compressor fresh air intake to drop ceiling plenum, secure existing intake hose appropriately.

e. Connect vacuum line to equipment, located next to equipment.

f. Connect compressed air line to equipment (stubbed out in drop ceiling) in accordance with equipment requirements (½” FPT for connection via flex hose to unit).

g. Coordinate equipment startup with equipment vendor upon completion of all associated scope.

Figure One: Existing Midmark Air Compressor and Dental Vacuum

Figure Two: Existing Midmark control panel

Figure Three: Proposed VTR location for Midmark Vacuum

2. Complete Installation Tasks for (3) Dental Cabinets in (3) Operatories, (1) in Sterilization Room and (1) in Laboratory:

a. Operatories: Complete all plumbing connections (water, sewer etc) to side cabinet sinks and install faucets.

b. Operatories: Pull power to 12 o’clock cabinet at head of dental chair to whip/junction box in base of cabinet for final wiring by others. Install 90deg PVC elbow (schedule 40) with neck down, with 2-3” long ½” copper pipe sleeve (type K or L) to stubbed out vacuum line (coordinate final requirements with equipment suppliers for orientation and specifics). Install manual shut off valve to compressed air line.

c. Sterilization: Complete all plumbing connections (water, sewer) to single sink, install faucets. Cap off vacuum line, install manual shut off valve to stubbed out compressed air line.

d. Laboratory: Install manual shut off valve to stubbed out compressed air line.

Figure Four: Existing Side Cabinet in Dental Operatory

3. Complete Installation Tasks for Dental Chairs in Operatories (3):

a. Supply and install 90deg manual shut off valve to compressed air line, trim line to ensure room for final connection (by others) and cover to close.

b. Pull power to junction box with quad receptacle (supply and install) for connection to equipment by supplier.

c. Cap off vacuum line with PVC cap, no glue.

Figure Five: Dental Chair Connection Box

4. Relocate X-Ray Arm (3) Mounting Location and Utilities in Operatories (3)

a. Move connections approximately three feet from existing mounting location (B) to mounting location (A), (exact location to be coordinated with staff on site and equipment supplier).

b. Pull power from panel to equipment/junction box (A) for final wiring to equipment by supplier.

c. Pull data line to equipment/junction box.

d. Mount X-ray arms to studs in location (A) IAW equipment requirements. Provide blocking in wall in accordance with existing facility drawing set.

e. Make good previous mounting location (B).

f. Supply and install exposure buttons for each X-ray unit adjacent to door on room exterior (exact location coordinated on site with dental staff and equipment supplier).

Figure Six: Dental Operatory X-Ray Arm Re Location

5. Complete Panoramic X-Ray (1) Installation Tasks

a. Supply and install exposure buttons to room exterior adjacent to door (final location coordinated on site with dental staff and equipment supplier)

Figure Seven: Pano X-Ray Room

6. Other Equipment Installation / Scope

a. Wall mount (3) existing loose baby changing stations to new location (locations to be identified by staff on site), patch and repair (make good) previous mounting locations.

b. Pull power to front door motorized door actuator (1). Run additional power wiring to future front door actuator (provided by others).

c. Supply and install stainless steel flashing over (2) columns by front entry desk to prevent damage from office chairs

d. Supply and install two additional outlets to pharmacy area; pull power from panel, provide dedicated circuit for each outlet to power individual vaccine fridges. Final locations to be coordinated with on-site staff.

Figure Eight: Vaccine Fridge Location, Dedicated Outlet Required.

Figure Nine: Countertop Vaccine Fridge Location, Dedicated Outlet Required.

Figure Ten: Nearest Existing Outlet (currently in use)

General Requirements

7. Codes

a. All construction shall be in accordance with the most current issues of the International Pluming Code, National Electric Code, National Fire Codes, AIA Guidelines, ADA, UBS, ASHRAE, OSHA (during construction), UFAS (Uniform Federal Accessibility Standards), all Federal, State, and local ordinances, and shall be in accordance with the most current Industry Standards for a medical care facility.

b. The contractor shall be responsible for identifying, notifying appropriate authorities, and obtaining all permits necessary to perform work from Federal, State, Local, or IHS Agencies. The contractor is responsible for providing any updated drawings required to perform any required alterations to install the supplied equipment as specified in this solicitation. Should any permit requirements change during contract performance, the contractor shall bear the burden of any extra costs. When approved by the CO and a receipt provided by the contractor, the Government treats permits as a reimbursable task paid without markup.

c. The contractor shall be responsible for all site surveys, feasibility studies, calculations work plans, equipment startup, commissioning and testing and/or repair, warranty, minor construction work actions, and controlling the quality of supplies or services.

Responsibilities shall include, but are not limited to, furnishing equipment, materials, applicable engineering and engineering documentation, permitting, all data/information requested and other necessary services and/or products required to remediate, implement, and test the alterations and minor construction work actions.

d. Where conflicts between codes occurs the more stringent code shall apply.

8. Meetings and Coordination

a. Weekly progress meetings will be held with Health Service Administrator or designated staff member, and facilities engineer to ensure progress and future work is communicated to all stakeholders on this project.

b. Contractor shall field verify all requirements and coordinate final requirements with equipment supplier. Any additional alterations, demolitions, replacements or like thereof will be approved by the COR or CO prior to action. Any deviation from the manufacturer installation requirements or equipment supplier requirements must be approved prior to construction.

c. Contractors will be requested to attend a site inspection/site visit as requested by the CO and COR. These meetings shall be at no additional cost to the Government. Contractors shall use the site inspection/site visit to evaluate general and specific site conditions and satisfy itself as to the general and local conditions that may affect the work or its cost, including verifying any conditions outlined in the Government’s Scope of Work (to include any associated attachments).

9. Material Considerations / Requirements

a. Paint

i. All interior paints (colors, materials, manufacturer) shall match existing requirements specified in as-built drawings included with this solicitation package.

b. Materials

i. Materials must be equal or better grade compared to existing facility, free from defects or imperfections and wherever possible shall meet existing standards as specified/required in as built drawing package included with this solicitation.

c. Extra Materials

i. All extra materials purchased under this contract for this work shall be left on site in location as designated by maintenance staff.

d. Waste

i. All wastes generated during construction shall be disposed of at a receiving facility that is authorized to receive those wastes, i.e. construction and demolition wastes, refuse.

10. Scheduling

a. Monacan Health Clinic is an outpatient medical facility. Special considerations to noise, climate control, dust containment, safety and traffic flow are mandatory and will be followed. Contractor required to adhere to onsite safety officer requirements for risk mitigation and control measures. All efforts will be made to minimize interference.

b. Any proposed power outages, disruptions of patient service, blocked exit ways, disruption of fire suppression or annunciation, or similar action that may require temporary closures must be scheduled and approved at least TWO DAYS IN ADVANCE with the Health Service Administrator.

c. Contractor must ensure access to and from the facility is not hindered or create any safety issues for patients. Location of staging area, temporary trailers, construction dumpster, and any other items being stored on site must be approved by Health Service Administrator.

d. Any relocation of furniture and/or equipment by the contractor shall be coordinated with the Health Service Administrator. If through negligence or carelessness any of the furniture and/or equipment is lost or damaged, the Contractor will be held liable.

11. Site Restoration

a. All utilities shall be fully functional at the completion of the project. It is the contractor’s responsibility to connect all relevant utility lines. Contractor is responsible to pay all applicable fees and comply with any standards imposed by the respective utilities company.

b. The contractor shall restore all areas interior and exterior disturbed by construction to condition at least equal to that existing prior to construction.

12. Performance Period

a. Work shall commence within 5 days of NTP but not before receipt of performance bond and approval of submittals. All construction work shall be completed 90 days.

D. Packaging and Marking:

a. N/A

E. Inspection and Acceptance:

a. 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

i. Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

ii. The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

iii. Government inspections and tests are for the sole benefit of the Government and do not-

1. Relieve the Contractor of responsibility for providing adequate quality control measures;

2. Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

3. Constitute or imply acceptance; or

iv. Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this- section. The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

v. The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer.

The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

vi. The Contractor shall, without charge, replace or correct work found by the

Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

vii. If the Contractor does not promptly replace or correct rejected work, the Government may-

1. By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

2. Terminate for default the Contractor’s right to proceed.

viii. If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

ix. Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

F. Deliveries or Performance:

a. N/A

G. Contract Administration Data:

a. Contracting Officer’s Representative (COR) for this requirement will be the technical point of contact for the Indian Health Service (IHS), Nashville Area Office (NAO), Facilities and Engineering Director Charles Waters, P.E.

H. Special Contract Requirements:

Health and Human Services Acquisition Regulation (HHSAR):

INVOICE SUBMISSION:

The Contractor shall submit invoices once per month, quarterly, semi-annually, or annually.

HHSAR 352.232-71 Electronic Submission of Payment Requests (FEB 2022)

Electronic Submission of Payment Requests

(a) Definitions. As used in this clause - Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in this contract. (b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site. (c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures. (d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

(End of clause)

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) - All Invoice submissions for goods and or services delivered to facilitate payments must be made electronically through the U.S. Department of Treasury's Invoice Processing Platform System

(IPP).

- Invoice Submission for Payment means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial items contracts.

The IPP website address is: https://www.ipp.gov.

- The Department of Treasury will enroll the Contractors new to IPP. The Contractor must follow the IPP registration email instructions for enrollment to register the Collector Account for submitting invoice requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive Registration email from the Federal Reserve Bank of St.

Louis (FRBSTL) within 3 - 5 business days of the contract award for new contracts or date of modification for existing contracts. - Registration emails are sent via email from ipp.noreply@mail.eroc.twai.gov. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email to IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

- The Contractor POC will receive two emails from IPP Customer Support, the first email contains the initial administrative IPP User ID. The second email, sent within 24 hours of receipt of the first email, contains a temporary password. You must log in with the temporary password within 30 days.

http://www.ipp.gov/ http://www.ipp.gov/ mailto:ipp.noreply@mail.eroc.twai.gov mailto:IPPCustomerSupport@fiscal.treasury.gov

- If your company is already registered to use IPP, you will not be required to re-register. - If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment as authorized by HHSAR 332.7002, a written request must be submitted to the Contracting Officer to explain the circumstances that require the authorization of alternate payment procedures.

Additional IHS Invoice Requirements:

i. The contractor shall submit invoices under this contract once per month or as specified in the payment schedule. For indefinite delivery vehicles, separate invoices must be submitted for each order.

ii. Invoices must break-out price/cost by contract line-item number (CLIN) as specified in the pricing section of the contract.

iii. Invoices must include the Unique Entity Identifier Number (UEI) of the Contractor.

iv. Invoices that include time and materials or labor hours CLINS must include supporting documentation to (1) substantiate the number of labor hours invoiced for each labor category, and (2) substantiate material costs incurred (when applicable).

v. Invoices that include cost-reimbursement CLINs must be submitted in a format showing expenditures for that month, as well as contract cumulative amounts. At a minimum the following cost information shall be included, in addition to supporting documentation to substantiate costs incurred. - Direct Labor - include all persons, listing the person's name, title, number of hours worked, hourly rate, the total cost per person and a total amount for this category;

- Indirect Costs (i.e., Fringe Benefits, Overhead, General and Administrative, Other Indirects) -show rate, base and total amount; - Consultants (if applicable) - include the name, number of days or hours worked, daily or hourly rate, and a total amount per consultant; - Travel - include for each airplane or train trip taken the name of the traveler, date of travel, destination, the transportation costs including ground transportation shown separately and the per diem costs.

Other travel costs shall also be listed; - Subcontractors (if applicable) - include, for each subcontractor, the same data as required for the prime Contractor; - Other Direct Costs -include a listing of all other direct charges to the contract, i.e., office supplies, telephone, duplication, postage; and - Fee - amount as allowable in accordance with the Schedule and FAR 52.216-8 if applicable.

PART II-Contract Clauses

I. Contract Clauses/Provisions:

CLAUSES INCORPORATED BY FULL TEXT

52.204-1 Approval of Contract. (DEC 1989) This contract is subject to the written approval of Andrew Rhoades, Contracting Officer and shall not be binding until so approved.

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984).

The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than forty-five days after contract award. The time stated for completion shall include final cleanup of the premises.

52.223-3 Hazardous Material Identification and Material Safety Data (FEB 2021).

(a) "Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert None) Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a

Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous material identified in paragraph (b) of this clause.

Data shall be submitted in accordance with Federal Standard No.313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered non-responsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No.313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

52.225-9 Buy American-Construction Materials (OCT 2022).

(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–

(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.

"Construction material" means an article, material, or supply brought to the construction site by the

Contractor or a 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.

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 items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/25.105#FAR_25_105 and steel constitutes less than 5 percent of the cost of all components used in such construction material.

The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together.

Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

None

(3) The Contracting Officer may add other foreign construction material to the list in paragraph

(b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1) The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.

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(1) The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph

(b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description

Unit of Measure Quantity Price (dollars)*

Item 1 - Foreign Construction

Material

Domestic Construction

Item 2 -

Item 3 -

Item 4 -

Item 5 -

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

52.233-2 Service of Protest (SEP 2006).

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Andrew Rhoades, Contracting Officer, 711 Stewarts Ferry Pk., Nashville, TN 37214.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012).

(a) The Government may terminate performance of work under this contract in whole or, from time to time, in part if the Contracting Officer determines that a termination is in the Government’s interest.

The Contracting Officer shall terminate by delivering to the Contractor a Notice of Termination specifying the extent of termination and the effective date.

https://www.acquisition.gov/far/part-33#FAR_33_101

(b) After receipt of a Notice of Termination, and except as directed by the Contracting Officer, the Contractor shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due under this clause:

(1) Stop work as specified in the notice.

(2) Place no further subcontracts or orders (referred to as subcontracts in this clause) for materials, services, or facilities, except as necessary to complete the continued portion of the contract.

(3) Terminate all subcontracts to the extent they relate to the work terminated.

(4) Assign to the Government, as directed by the Contracting Officer, all right, title, and interest of the Contractor under the subcontracts terminated, in which case the Government shall have the right to settle or to pay any termination settlement proposal arising out of those terminations.

(5) With approval or ratification to the extent required by the Contracting Officer, settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts;

the approval or ratification will be final for purposes of this clause.

(6) As directed by the Contracting Officer, transfer title and deliver to the Government-

(i) The fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced or acquired for the work terminated; and

(ii) The completed or partially completed plans, drawings, information, and other property that, if the contract had been completed, would be required to be furnished to the Government.

(7) Complete performance of the work not terminated.

(8) Take any action that may be necessary, or that the Contracting Officer may direct, for the protection and preservation of the property related to this contract that is in the possession of the Contractor and in which the Government has or may acquire an interest.

(9) Use its best efforts to sell, as directed or authorized by the Contracting Officer, any property of the types referred to in paragraph (b)(6) of this clause; provided, however, that the Contractor (i)is not required to extend credit to any purchaser and (ii) may acquire the property under the conditions prescribed by, and at prices approved by, the Contracting Officer. The proceeds of any transfer or disposition will be applied to reduce any payments to be made by the Government under this contract, credited to the price or cost of the work, or paid in any other manner directed by the Contracting Officer.

(c) The Contractor shall submit complete termination inventory schedules no later than 120 days from the effective date of termination, unless extended in writing by the Contracting Officer upon written request of the Contractor within this 120-day period.

(d) After expiration of the plant clearance period as defined in Subpart 49.001 of the Federal Acquisition Regulation, the Contractor may submit to the Contracting Officer a list, certified as to quantity and quality, of termination inventory not previously disposed of, excluding items authorized for disposition by the Contracting Officer. The Contractor may request the Government to remove those items or enter into an agreement for their storage. Within 15 days, the Government will accept title to those items and remove them or enter into a storage agreement. The Contracting Officer may verify the list upon removal of the items, or if stored, within 45 days from submission of the list, and shall correct the list, as necessary, before final settlement.

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(e) After termination, the Contractor shall submit a final termination settlement proposal to the Contracting Officer in the form and with the certification prescribed by the Contracting Officer. The Contractor shall submit the proposal promptly, but no later than 1 year from the effective date of termination, unless extended in writing by the Contracting Officer upon written request of the Contractor within this 1-year period. However, if the Contracting Officer determines that the facts justify it, a termination settlement proposal may be received and acted on after 1 year or any extension. If the Contractor fails to submit the proposal within the time allowed, the Contracting Officer may determine, on the basis of information available, the amount, if any, due the Contractor because of the termination and shall pay the amount determined.

(f) Subject to paragraph (e) of this clause, the Contractor and the Contracting Officer may agree upon the whole or any part of the amount to be paid or remaining to be paid because of the termination. The amount may include a reasonable allowance for profit on work done.