Attachment 13 - Provisions and Clauses.pdf
PDF 162 KB Posted
- Attached to
- Minot AFB Flooring MACC FY26
- Solicitation number
- FA452826R0001
About this file
This document is a solicitation clauses and provisions document that outlines the contractual requirements incorporated into a federal contract opportunity.
The document is organized into three sections. Section I includes clauses with critical fill-ins or those fundamental to contract structure, presented in full text, including FAR 52.252-1 (Solicitation Provisions Incorporated by Reference), FAR 52.211-12 (Liquidated Damages—Construction), and FAR 52.212-1 and 52.212-2 (Instructions to Offerors and Evaluation criteria for Commercial Products and Services, with Deviation 2026-O0038). Section II incorporates additional FAR clauses by reference, including provisions related to small business program representations (52.219-1), contract work hours and safety standards (52.222-4), construction wage rate requirements (52.222-6), Buy American construction materials (52.225-9), insurance requirements (52.228-5), performance and payment bonds (52.228-15), differing site conditions (52.236-2 through 52.236-3), material and workmanship standards (52.236-5), contractor superintendence (52.236-6), permits and responsibilities (52.236-7), changes to fixed-price contracts (52.243-1), and disputes procedures (52.233-1). Section III incorporates R-DFARS clauses by reference related to cybersecurity requirements, including NIST SP 800-171 DoD Assessment Requirements (252.204-7020), Cybersecurity Maturity Model Certification (252.204-7021), and Supplier Performance Risk System notices (252.204-7024). The document indicates this is a construction-related contract with commercial products or services components, subject to applicable federal regulations and security requirements.
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Solicitation Clauses and Provisions
Section I: RFO Clauses and Provisions Incorporated by Full Text
This section includes clauses with critical fill-ins or those that are fundamental to the contract's structure and are therefore included in their entirety.
• 52.252-1 Solicitation Provisions Incorporated by Reference
As prescribed in 52.107(a), insert the following provision:
SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/far-overhaul/far-part-deviation-guide https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html
(End of provision)
• 52.211-12, Liquidated Damages—Construction
As prescribed in 11.403(b), insert the following clause in solicitations and contracts:
LIQUIDATED DAMAGES-CONSTRUCTION (SEPT 2000)
(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of a rate to be determined for each individual Task Order for each calendar day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
https://www.acquisition.gov/far-overhaul/far-part-deviation-guide https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html
(End of clause)
• 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services (Deviation 2026-O0038)
As prescribed in 12.205(a)(1), insert a clause substantially as follows:
INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB
2026)
(Note: Provided as Attachment 7 - Section L – Instructions to Offerors)
• 52.212-2, Evaluation—Commercial Products and Commercial Services (Deviation 2026-O0038)
As prescribed in 12.205(a)(2), insert a provision substantially as follows:
EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2026)
(Note: Provided as Attachment 8 - Section M – Evaluation Factors)
Section II: RFO Clauses and Provisions Incorporated by Reference
The following clauses are incorporated by reference. The full text may be accessed electronically at https://www.acquisition.gov/.
FAR
Clause
Title Effective Date
Alternate / Deviation
Variation Effective Date
52.209-7 Information Regarding Responsibility Matters
Oct 2018
52.215-
Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data.
Feb 2026 Alternate IV
52.216-
Single or Multiple Awards Feb 2026
52.219-1 Small Business Program Representations Mar 2023
52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation
May 2018
52.222-6 Construction Wage Rate Requirements Aug 2018
52.225-9 Buy American—Construction Materials Nov 2023
52.228-5 Insurance—Work on a Government Installation
Jan 1997
52.228-
Performance and Payment Bonds— Construction
Feb 2026 https://www.google.com/url?q=https%3A%2F%2Fwww.acquisition.gov%2F
52.233-1 Disputes Feb 2026
52.236-2 Differing Site Conditions Apr 1984
52.236-3 Site Investigation and Conditions Affecting the Work
Apr 1984
52.236-5 Material and Workmanship Apr 1984
52.236-6 Superintendence by the Contractor Apr 1984
52.236-7 Permits and Responsibilities Nov 1991
52.236-8 Other Contracts Apr 1984
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
Apr 1984
52.236-
Operations and Storage Areas Apr 1984
Use and Possession Prior to Completion Apr 1984
Cleaning Up Apr 1984
Schedules for Construction Contracts Nov 1997
Specifications and Drawings for Construction
Feb 1997
52.243-1 Changes-Fixed-Price Feb 2026
52.243-4 Changes Feb 2026
Section III: R-DFARS Clauses and Provisions Incorporated by Reference
The following clauses are incorporated by reference. The full text may be accessed electronically at https://www.acquisition.gov/dfars.
R-DFARS
Clause
Title Effective Date
Alternate / Deviation
Variation Effective Date
252.204-
Notice of NIST SP 800-171 DoD Assessment Requirements
Nov 2023
252.204-
NIST SP 800-171 DoD Assessment Requirements
Jan 2023
Cybersecurity Maturity Model Certification (CMMC) Requirements
Dec 2022
Notice on the Use of the Supplier Performance Risk System.
Mar 2023 https://www.google.com/url?q=https%3A%2F%2Fwww.acquisition.gov%2Fdfars
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