Attachment_1_Terms_Clauses_Provisions.pdf

Solicitation Date:

09/08/2026

Solicitation No.

140P8426Q0013

Document Title Attachment 1, Terms Clauses Provisions Replace Fire System Piping, Lava Beds National Monument (LABE)

Table of Contents

I. GENERAL INFORMATION

II. DESCRIPTION OF REQUIREMENT

III. DELIVERIES OR PERFORMANCE

A. Commencement, Prosecution, and Completion of Work

B. Deliverable (Post-Award): Contractor’s Daily Logs

IV. CONTRACT CLAUSES

A. Pre-Construction Meeting

B. Wage Rates

C. Site Specific Safety and Health Plan

D. Archeological Findings

E. Conduct of Operations

F. Seasonal Shutdown

G. Payment Information

H. Contractor Performance Assessment Reporting System (Nov 2015)

I. Construction Contract Administration

J. Appointment of Contractor Representative/Superintendent

K. Contract Administration

L. 1452.201-70 – Authorities and Delegations (SEP 2011)

M. 1452.204-70 – Release of Claims – Department of the Interior (JUL 1996)

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

O. 52.228-13 Alternative Payment Protections (JUL 2000) (NOTE: This is applicable only if the awarded contract price is $35K or more)

P. DIAR 1452.228-70, Liability Insurance (Jul 1996)

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Document Title Attachment 1, Terms Clauses Provisions Replace Fire System Piping, Lava Beds National

Q. Workers Compensation

R. 1452.236-70 Prohibition Against Use of Lead-based Paint (JUL 1996)

S. 52.246-12 – Inspection of Construction (AUG 1996)

T. 52.252-2, Clauses Incorporated by Reference (Feb 1998)

U. 52.252-6, Authorized Deviations in Clauses (Nov 2020)

V. CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

A. List of Attachments

VI. SOLICITATION PROVISIONS

A. Affordability

B. Site Visit (Construction)

C. Compliance with Executive Orders 14173/14168

D. Compliance with Executive Orders 14148/14208

E. 52.212-1, Instructions to Offerors—Commercial Products and Commercial

Services (Sep 2023) (DEVIATION Mar 2026)

F. 52.212-2, Evaluation—Commercial Products and Commercial Services (Nov 2021)

(DEVIATION Mar 2026)

G. Responsibility Determination

H. 52.216-1 – Type of Contract (APR 1984)

I. 52.225-10 – Notice of Buy American Requirement--Construction Materials (MAY

2014)

J. 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998)

K. 52.252-5 Authorized Deviations in Provisions (Nov 2020)

Solicitation No.

140P8426Q0013

Document Title Attachment 1, Terms Clauses Provisions Replace Fire System Piping, Lava Beds National

I. GENERAL INFORMATION

This solicitation for commercial construction services is a Request for Quote (RFQ) issued on Standard Form (SF) 1442. Award of this contract will be made according to FAR Part 12 Acquisition of Commercial Products and Commercial Services.

The Government contemplates award of a firm-fixed-price commercial construction purchase order on Standard Form (SF) 1442 resulting from this solicitation. This acquisition is set-aside for small business concerns. The associated NAICS code is 238220 The small business size standard is $16.5M.

This acquisition is a Total Small Business Set-Aside. Quotations are solicited only from small business concerns. Quotations received from concerns that are not small business concerns shall not be considered.

To be eligible for award as a small business concern, the offeror is required to represent in good faith that it meets the small business size standard corresponding to the North American Industry Classification System (NAICS) code identified in the solicitation.

To be considered for award your company must have or obtain a Unique Entity Identifier (UEI). Your company must also be registered in the System for Award Management (SAM) at www.sam.gov at the time your quotation is submitted and at the time of award (and throughout contract performance). Registration in SAM is 100% free. “Registered in the System for Award Management (SAM)” is defined at FAR 52.204-7 and includes the requirement that the SAM record is marked “Active".

If you have any registration questions or if you need assistance with registration or updating SAM, please contact the National APEX Accelerator nearest you.

Website: Home - National Apex Accelerator Alliance // APEX Accelerators

II. DESCRIPTION OF REQUIREMENT

The National Park Service (NPS) at Lava Beds National Monument has a requirement to remove approximately 185 linear feet of existing black iron fire suppression piping and replace it with a new

CPVC fire sprinkler system, including the installation of a new 1-inch riser, 13 sprinklers heads, antifreeze to meet freeze protection and ensure system mixture is set per NFPA requirements, 1 gallon expansion tank, and 1 inch double check back glow preventer. Work includes testing, flushing, certification, cleanup. The Contractor shall provide all supervision, labor, equipment, testing, and supplies necessary to complete the work as identified in the project specifications and associated documents provided as attachments to the solicitation.

http://www.sam.gov/ https://www.napex.us/ https://www.apexaccelerators.us/#/

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Document Title Attachment 1, Terms Clauses Provisions Replace Fire System Piping, Lava Beds National

III. DELIVERIES OR PERFORMANCE

A. Commencement, Prosecution, and Completion of Work

The Contractor shall be required to commence work under this contract within 10 calendar days, prosecute the prosecute the work diligently, and complete the entire work ready for use not later than 30 days after receipt of the Notice to Proceed letter. The time stated for completion shall include final cleanup of the premises.

NOTE: Government anticipates all work can be completed within a 30 calendar day period, with a period of performance from November 9, 2026 to December 11, 2026. Notice to Proceed to be issued by last week of October 2026. Schedule is an evaluation factor – refer to Section IV, subparts

E and F, below.

(End of Clause)

B. Deliverable (Post-Award): Contractor’s Daily Logs

Contractor shall prepare a daily log for each day work is performed under this contract. Copies of daily logs shall be submitted to the Contracting Officer, and may be compiled and submitted weekly, with payroll.

Time necessary for completion of daily log is approximately 15 to 30 minutes. The contractor may choose to use its own format as long as the following elements are included on the log:

(a) Project Name

(b) Contract number

(c) Date

(d) Prime Contractor and/or Subcontractor

(e) Work performed, including number of employees by job categories (indicate if "prime" or

"sub")

(f) Heavy equipment on job, hours worked (indicate if "prime" or "sub")

(g) Materials delivered

(h) Official visitors to site

(i) Inspections performed

(j) Verbal instruction received from government on construction deficiencies

(k) Certification (prime contractor's signature/COR's signature)

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Document Title Attachment 1, Terms Clauses Provisions Replace Fire System Piping, Lava Beds National

IV. CONTRACT CLAUSES

A. Pre-Construction Meeting

The Contracting Officer will conduct a virtual preconstruction meeting. The contractor (awardee) will receive written notification of date/time and an agenda/checklist. Contractor shall include any key personnel and subcontractors.

B. Wage Rates

Davis-Bacon Wage Rates apply for this project and are attached to this solicitation (See Section IV). The project is located in Siskiyou County, California.

C. Site Specific Safety and Health Plan

A site specific safety and health plan shall be prepared covering on-site work to be performed by the contractor and all subcontractors. The prime contractor shall be responsible for development, implementation, and oversight of the site specific plan. The site specific safety and health plan shall establish in detail, the protocols necessary for recognition, evaluation, and control of hazards associated with each task performed. The plan shall address site specific safety and health requirements and procedures based upon site specific conditions. The level of detail provided in the site specific safety and health plan shall be tailored to the type of work, complexity of operations to be performed, and hazards anticipated. The site specific safety and health plan shall address, in as much detail as possible, anticipated tasks, their related hazards, and anticipated control measures.

As work proceeds, the site specific safety and health plan shall be adapted to new situations and new conditions. Changes and modifications to the accepted site specific safety and health plan shall be made with the knowledge and concurrence of the safety office, site superintendent, and contracting office. Should any unforeseen hazard become evident during the performance of work, the contractor shall bring such hazard to the attention of the safety office and COR, both verbally and in writing for resolution as soon as possible. In the interim, necessary action shall be taken to re-establish and maintain safe working conditions in order to safeguard on-site personnel, visitors, the public, and the environment.

Prior to submittal to the COR, the site specific safety and health plan shall be signed and dated by the prime contractor's safety and health manager and site superintendent. The site specific safety and health plan shall be part of the contractor's safety and Health program. The contractor shall submit to the COR the contractor's site specific safety and health plan for review and approval by the safety office.

Work performed under this contract shall comply with applicable federal, state, and local safety and occupational health laws and regulations. This includes, but is not limited to, Occupational Safety and

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Document Title Attachment 1, Terms Clauses Provisions Replace Fire System Piping, Lava Beds National

Health Administration (OSHA) standards, 29 CFR, Part 1910 and Part 1926. Where the requirements of applicable laws, criteria, ordinances, regulations, and referenced documents vary the most stringent requirements shall apply.

D. Archeological Findings

(a) Petroglyphs, artifacts, burial grounds or remains, structural features, ceremonial, domestic, and archeological objects of any nature, historic or prehistoric, found within the construction area, are the property of and will be removed only by the Government. Should Contractor's operations uncover or his employees find any archeological remains, Contractor shall suspend operations at the site of discovery;

notify Contracting Officer immediately of the findings; and continue operations in other areas. Included with the notification shall be a brief statement of the location and details of the findings. Should the temporary suspension of work at the site result in delays, or the discovery site require archeological studies resulting in delays or additional work for Contractor, he will be compensated by an equitable adjustment under the General Provisions of the Contract.

E. Conduct of Operations

At all times the Contractor shall conduct his organization in conformance with the rules and regulations promulgated by the Secretary of the Interior for the National Park Service, and with such appropriate regulations as the Superintendent may prescribe. Work on Saturdays, Sundays, Federal holidays or at night may be performed only with the prior consent of the Contracting Officer. No signs or advertisements

(except those specified herein) shall be displayed on the construction site or within the park except with approval of the Contracting Officer.

(End of Clause)

F. Seasonal Shutdown

It is recognized that seasonal climatic conditions regularly occur in some of the National Park Service areas that restrict and in some cases prohibit normal construction activities. The actual timing of a seasonal shutdown will be determined by the Contracting Officer. The Contractor shall give the Contracting Officer at least two weeks’ notice prior to the anticipated resumption of work. The actual date that work is resumed is subject to the approval of the Contracting Officer. The amount of time during a seasonal shutdown is taken into consideration when the completion time as stated in the Contract is determined.

Therefore, the contract time will not be extended due to seasonal shutdowns.

G. Payment Information

1) Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (FEB 2021)

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Document Title Attachment 1, Terms Clauses Provisions Replace Fire System Piping, Lava Beds National

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" 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 item contracts. The IPP website address is: https://www.ipp.gov.

The Contractor shall submit a draft Invoice Package, including copies of the following documents, to the National Park Service’s (NPS) Contracting Officer’s Representative (COR), with a copy to the Contracting Officer (CO), a minimum of 5 working days prior to submittal of the formal Invoice through IPP. Within 5 working days of receipt, the COR shall provide an acceptability recommendation to both the NPS CO) and the Contractor. If the COR recommends acceptance, the Contractor shall submit a copy of the final version of the COR’s checklist and the Invoice Package to the NPS through IPP.

1. Completed copy of the COR’s final Construction Payment Request Checklist (Submit only with the formal submittal to IPP)

2. Completed copy of the Pay Estimate Form (including signed certification of subcontractor payments as required by contract clause 52.232-5)

3. Certified copies of Payroll Reports per Contract clause 52.222-8 Payrolls and Basic Records, unless already submitted (include completed copy of the Payroll Report PII Certification sheet when submitting certified payroll reports)

4. Information required by contract clause 52.232-27, Prompt Payment for Construction Contracts

5. A copy of the current construction schedule

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) prior to the contract award date, but no more than 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its quotation.

2) Payment for Material Delivered at Locations Other than the Project Site

In addition to the terms covered by FAR Clause 52.232-5 Payments under Fixed-Price Construction Contracts, progress payments for material delivered to the Contractor at locations other than the project site may be taken into consideration at the sole discretion of the Contracting Officer. Payment for off-site delivery of specifically identifiable items required for the fabrication of this project may be considered if the following conditions are met:

1. Prior Approval - The Contractor shall obtain the approval of NPS CO before making any arrangements to obtain a partial payment for materials stored off site. Materials must be suitable for storage and must be properly packaged if this is necessary.

2. Storage Site - The Contractor shall furnish and maintain a suitable storage site and appropriate storage conditions which must be approved in advance by NPS CO.

https://www.ipp.gov/

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3. Storage Conditions - The material covered by any request for progress payment must be stored above grade and must be properly protected at all times against weather, heat, cold, moisture and other hazards as the material may require. The storage conditions must be approved by NPS Project Representatives. All protection must be provided by the Contractor at their own expense and must be maintained throughout the storage period.

Material must not be co-mingled with other similar material but must be stored by itself and must be plainly labeled “Property of NPS.”

Material must be stored so that it can be readily inspected, measured, and counted at all times by NPS Project Representatives.

4. Contractor Title - The Contractor shall furnish satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract. The Contractor shall provide an inventory of the stored material together with a description of the storage site by Street Number and City, or by legal description of the premises.

(End of clause)

H. Contractor Performance Assessment Reporting System (Nov 2015)

In accordance with DOI and NPS policy, past performance evaluations may be prepared for this acquisition.

For more information see the Contractor Performance Assessment Reporting System (CPARS), available online at https://cpars.gov/.

(End of clause)

I. Construction Contract Administration

Federal Acquisition Regulation (FAR) 36.211(b) requires agencies provide description of policies and procedures that apply to definitization of equitable adjustments for change orders under construction contracts and data on the time required to definitize equitable adjustments for change orders under construction contracts. This information can be found at:

https://www.doi.gov/pam/acquisition/policy/constructioncontract.

(End of clause)

J. Appointment of Contractor Representative/Superintendent

Prior to the commencement of work under this contract, the Contractor shall provide the Contracting Officer with the name and telephone number of at least one responsible individual who will be available on a daily basis to respond to operational problems and/or emergencies. In the event the contract involves more than one subcontractor, the designated site superintendent shall be a W-2 employee of the prime contractor. The Contractor agrees that notice to the designated representative shall constitute notice to the Contractor and further agrees to be bound by any commitments or representations made by such representative.

https://cpars.gov/ https://www.doi.gov/pam/acquisition/policy/constructioncontract

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Document Title Attachment 1, Terms Clauses Provisions Replace Fire System Piping, Lava Beds National

K. Contract Administration

1) Points of Contact

The Contracting Officer’s Representative (COR) for this order will be:

Don Bowen Chief of Maintenance and will be designated as the Contracting Officer’s Representative (COR) Lava Beds National Monument Mobile: 530-598-5195 Office: 530-667-8134

Email: don_bowen@nps.gov

Ray Reid Maintenance Mechanic and will be designated as Project Inspector Lava Beds National Monument Email: ray_reid@nps.gov

Matthew Peterson-Mackay Administrative Support Assistant (IPP invoice processing) Lava Beds National Monument Work Phone: 530-667-8135

Email: matthew_peterson-mackay@nps.gov

2) Correspondence

Copies of all correspondence and written notices between the Contracting Officer’s Representative and the Contractor shall be sent to the cognizant Contracting Officer at the email address below. All correspondence shall state the contract number in the subject line of the email.

Phaedra Fuller Contracting Officer Mobile Phone: 360-461-1827 phaedra_fuller@ios.doi.gov mailto:matthew_peterson-mackay@nps.gov mailto:phaedra_fuller@ios.doi.gov

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L. 1452.201-70 – Authorities and Delegations (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

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M. 1452.204-70 – Release of Claims – Department of the Interior (JUL 1996)

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-

137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

(End of Clause)

N. 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 https://www.acquisition.gov/far/part-2#FAR_2_101

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Document Title Attachment 1, Terms Clauses Provisions Replace Fire System Piping, Lava Beds National 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 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.

https://www.acquisition.gov/far/part-25#FAR_25_105

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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.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_505

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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.

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(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 material

Item 2

Foreign construction material

Domestic construction material

[*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.]

(End of Clause)

O. 52.228-13 Alternative Payment Protections (JUL 2000) (NOTE: This is applicable only if the awarded contract price is $35K or more)

(a) The Contractor shall submit one of the following payment protections:

(i) A payment bond.

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(ii) An irrevocable letter of credit (ILC).

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within ten (10) days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

P. DIAR 1452.228-70, Liability Insurance (Jul 1996)

The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$500,000.00 each person $500,000.00 each occurrence $500,000.00 property damage

Each policy shall have a certificate evidencing the insurance coverage. The insurance Company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

Q. Workers Compensation

The Contractor is required to be insured against liability for workmen's compensation or to undertake self-insurance. Evidence of coverage is required before commencement of project work.

R. 1452.236-70 Prohibition Against Use of Lead-based Paint (JUL 1996)

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Paint containing more than .06 percent by weight of lead in paint, or the equivalent measure of lead in the dried film of paint already applied, shall not be used in the construction or rehabilitation of residential structures under this contract or any resulting subcontracts.

(End of Clause)

S. 52.246-12 – Inspection of Construction (AUG 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) 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 inspction 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.

(c) 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

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) 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.

(e) 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.

(f) 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.

(g) 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

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

(h) 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.

(i) 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.

T. 52.252-2, Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these addresses:

http://www.acquisition.gov/far/ https://www.acquisition.gov/diar https://www.acquisition.gov/caac-letters https://www.acquisition.gov/far-overhaul

52.203-17, Contractor Employee Whistleblower Rights (Nov 2023)

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

52.204-9, Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-13, System for Award Management—Maintenance (Oct 2018) (DEVIATION Mar 2026)

52.204-19, Incorporation by Reference of Representations and Certifications (DEC 2014)

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (DEVIATION May 2026)

52.212-4, Contract Terms and Conditions— Commercial Products and Commercial Services (Nov 2023) (DEVIATION Mar 2026)

52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (DEVIATION Jan 2026)

52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (DEVIATION Jan 2026)

52.222-3, Convict Labor (Jun 2003) http://www.acquisition.gov/far/ https://www.acquisition.gov/diar https://www.acquisition.gov/caac-letters https://www.acquisition.gov/far-overhaul

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52.222-6, Construction Wage Rate Requirements (Aug 2018) (DEVIATION May 2026

52.222-7, Withholding of Funds (May 2014)

52.222-8, Payrolls and Basic Records (Jul 2021)

52.222-9, Apprentices and Trainees (Jul 2005) (DEVIATION Feb 2025)

52.222-10, Compliance with Copeland Act Requirements (Feb 1988)

52.222-11, Subcontracts (Labor Standards) (May 2014) (DEVIATION May 2026)

52.222-12, Contract Termination-Debarment (May 2014)

52.222-13, Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014)

52.222-14, Disputes Concerning Labor Standards (Feb 1988).

52.222-15, Certification of Eligibility (May 2014)

52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2026)

52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (DEVIATION May 2026)

52.222-50, Combating Trafficking in Persons (Oct 2025)

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Oct 2025)

(DEVIATION May 2026)

52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022)

52.222-90, Addressing DEI Discrimination by Federal Contractors (Mar 2026) (DEVIATION May 2026)

52.223-5, Pollution Prevention and Right-to-Know Information (May 2024)

52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (DEVIATION May 2026)

52.223-23, Sustainable Products and Services (May 2024) (DEVIATION May 2026)

52.224-3, Privacy Training (Jan 2017)

52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024)

52.228-2, Additional Bond Security (Oct 1997) (NOTE: applicable for a Payment Bond on SF-25A if award price is $35K or higher)

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52.228-11, Individual Surety—Pledges of Assets (Feb 2021) (DEVIATION May 2023)

52.228-14, Irrevocable Letter of Credit (Nov 2014) (NOTE: NPS prefers receipt of a Payment Bond on SF-

25A vs an irrevocable letter of credit; applicable if award price is $35K or more)

52.232-23, Assignment of Claims (May 2014)

52.232-27, Prompt Payment for Construction Contracts (Jan 2017)

52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018)

52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

52.233-3, Protest After Award (Aug 1996)

52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)

52.236-2, Differing Site Conditions (Apr 1984) (DEVIATION Jan 2026)

52.236-3, Site Investigation and Conditions Affecting the Work (Apr 1984) (DEVIATION Jan 2026)

52.236-5, Material and Workmanship (Apr 1984) (DEVIATION Jan 2026)

52.236-6, Superintendence by the Contractor (Apr 1984) (DEVIATION Jan 2026)

52.236-7, Permits and Responsibilities (Nov 1991) (DEVIATION Jan 2026)

52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) (DEVIATION Jan 2026)

52.236-12, Cleaning Up (Apr 1984) (DEVIATION Jan 2026)

52.236-14, Availability and Use of Utility Services (Apr 1984) (DEVIATION Jan 2026)

52.236-21, Specifications and Drawings for Construction (Feb 1997) (DEVIATION Jan 2026)

52.240-91, Security Prohibitions and Exclusions (Dec 2025) (DEVIATION Mar 2026)

52.240-93, Basic Safeguarding of Covered Contractor Information Systems (Dec 2025) (DEVIATION Mar 2026)

52.242-14 Suspension of Work (April 1984)

52.242-15, Stop-Work Order (Aug 1989)

52.244-6, Subcontracts for Commercial Products and Commercial Services (Jan 2025) (DEVIATION May 2026)

52.246-21, Warranty of Construction (MAR 1994)

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52.253-1, Computer Generated Forms (Jan 1991) (DEVIATION May 2026)

U. 52.252-6, Authorized Deviations in Clauses (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of Interior Acquisition Regulation (48 CFR

Chapter 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

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V. CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

A. List of Attachments

Attachment

Number

Attachment Title Date Number of Pages

1 Terms Clauses…