B08 - Solicitation - W519TC26RA067.pdf
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- Attached to
- Building 333 - Roof Repair
- Solicitation number
- W519TC-26-R-A067
About this file
Solicitation Summary: Building 333 Roof Repair Contract
This is a Solicitation/Contract/Order for Commercial Products and Commercial Services (Standard Form 1449) issued by the United States Army Contracting Command - Rock Island (ACC-RI) for roof repair work at Rock Island Arsenal. The Army seeks to award a firm-fixed-price (FFP) contract to repair the low-slope roof covering of Building 333 through a 100% Small Business Set-Aside procurement using Simplified Acquisition Procedures (SAP) under FAR Part 12 and Part 36 construction regulations. The solicitation number is W519TC26RA067, with proposals due by August 31, 2026 at 10:00 AM Central Time. The contract performance period is 120 working days from Notice to Proceed, with liquidated damages of $1,000 per calendar day assessed for delays beyond this timeframe. The contractor must commence work within 30 days of receiving the NTP.
Key compliance requirements include submission of an active System for Award Management (SAM) registration, a properly executed Bid Bond equal to 20% of bid price or $3,000,000 (whichever is less), and acknowledgment of all solicitation amendments. Evaluation will occur in two phases: Phase 1 administrative/compliance review on a pass-fail basis, and Phase 2 comparative analysis considering technical qualifications (resumes demonstrating relevant commercial construction experience), past performance (up to three recent projects with customer references), and pricing fairness. Davis-Bacon prevailing wage rates apply, and construction materials must comply with Buy American requirements. The site visit is scheduled for August 13, 2026 at 1:00 PM Central Time (RSVP required by August 11), and written questions must be submitted by August 20, 2026. Product/Service Code is Z2AA, and the NAICS code is 238160 with a size standard of USD 19,000,000.00.
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WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NUMBER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH
AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND
ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS
SPECIFIED
29. AWARD OF CONTRACT: REFERENCE OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8(A)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.
calls)
Section A - Solicitation/Contract Form
Building 333 Roof RepairInstrument Name:
Product Service Code : Z2AA
Section A: Executive Summary
Project Overview
The United States Army Contracting Command - Rock Island (ACC-RI) is issuing this commercial solicitation for a Firm-Fixed-Price (FFP) contract to furnish all labor, material, and equipment required to repair the roof of Building 333 at the Rock Island Arsenal. All work shall be performed in accordance with the attached Scope of Work (SOW) and technical appendices.
Acquisition Strategy
This requirement is a 100% Small Business Set-Aside and is being procured as a commercial service under FAR Part 12 in conjunction with mandatory FAR Part 36 construction regulations.
Project Completion & Liquidated Damages
The contractor is required to complete the entire project within 120 working days after receiving the Notice to Proceed (NTP). Failure to complete the project within the allotted 120-working-day timeframe will result in the assessment of liquidated damages (FAR 52.211-12) in the amount of $1,000.00 for each working day of delay until the work is completed and accepted.
Site Visit & Questions
Site Visit: A site visit is scheduled for August 13, 2026 at 1:00 PM Central Time. Interested vendors must RSVP to the Contacts listed below no later than August 11, 2026. Attendance is highly encouraged.
Questions (RFIs): All questions regarding this solicitation must be submitted in writing via email no later than August 20, 2026.
Proposal Submission and Evaluation
The Government will award a single FFP contract to the responsible offeror whose proposal is determined to be the most advantageous to the Government through a comparative evaluation.
Offerors are strongly encouraged to carefully review the following sections to ensure their proposals are compliant:
How to Submit: Please refer to Section L, Instructions to Offerors, located on Page 79. This outlines the required technical narrative, pricing format, and Bid Bond (SF 24) requirements.
W519TC26RA067
How You Will Be Evaluated: Please refer to Section M, FAR 52.212-2, Evaluation Factors, located on Page 84. This explains the comparative evaluation process focusing on the Technical Narrative, Past Performance, and Price.
Price Proposal should include the following CLINs:
1. CLIN 0001 (Base Bid): Provide a total Firm-Fixed-Price (FFP) for all work described in the SOW.
Proposal Deadline & Contacts
Proposals are due no later than: August 31, 2026 at 10:00 AM Central Time.
SAM.gov Registration: Offerors must have an active registration in the System for Award Management (SAM) at the time of proposal submission to be considered for award.
Primary Point of Contact: Mark Wells, Contract Specialist, mark.f.wells4.civ@army.mil Secondary Point of Contact: Kathleen Ward, Contracting Officer, kathleen.m.ward20.
civ@army.mil
Critical Operation and Compliance Requirements
Potential offerors are strongly encouraged to thoroughly review the Scope of Work (SOW) and Specifications for significant operational requirements that may impact proposal pricing and staffing. Key requirements include stringent personnel qualifications, extensive post-award submittals such as detailed Accident Prevention (APP) and Quality Control (QC) Plans requiring a Site Safety and Health Officer (SSHO); following all environmental requirements in accordance with SOW Section 3.3; and mandatory security measures in SOW Section 3.1.
Critical Compliance Notice to Offerors
To be eligible for award, offerors must be fully compliant with all administrative requirements of this solicitation at the time of quote submission. Failure to submit any of the following items will result in immediate rejection of the quote without evaluation:
Active SAM.gov Registration (with no active exclusions).
Signed Solicitation (SF 1449) and all signed amendments.
Properly executed Bid Bond (pursuant to FAR 52.228-1).
Refer to the Addendum to FAR 52.212-1 (Page 79) for detailed submission instructions.
Critical Administrative and Compliance Instructions
1. Bid Guarantee (Bid Bond): In accordance with FAR 52.228-1, offerors must submit a Bid Bond (SF 24) equal to 20% of the bid price or $3,000,000, whichever is less. Electronic submission of the bond is permitted. If the surety seal is unrecognizable or unreadable on the electronic copy, the offeror must provide a verifiable method to confirm the seal's authenticity (e.g., a certified electronic signature/stamp from the surety).
2. Electronic Submission Instructions: Proposals are due no later than August 31, 2026 at 10:00 AM Central Time. Submissions must be sent via email to the Contract Specialist and Contracting Officer. Email attachments must not exceed 10 MB per email. Use the subject line: "Proposal - W519TC-26-R-A067 - [Company Name]" and request a read receipt.
3. Commencement of Work: The contractor must formally commence work within 30 calendar days of receiving the Notice to Proceed (NTP).
4. Post-Award Submittals: The successful contractor shall submit the project schedule and Contractor Quality Control (CQC) Plan within 15 days of NTP. All other required pre-construction submittals (e.g., Accident Prevention Plan) must be provided within 30 days of NTP.
5. Davis-Bacon Wage Rates: Prevailing wage rates apply under the Construction Wage Rate Requirements statute. The applicable Department of Labor Wage Determination for Rock Island, IL is attached to this solicitation and will be incorporated into the final contract.
6. SAM.gov Registration: Offerors must have an active System for Award Management (SAM.gov) registration at the exact time of proposal submission to be eligible for award.
7. Administrative Notices: This Executive Summary is provided for convenience and clarity; in the event of any conflict, the formal terms, conditions, and clauses of the solicitation shall govern.
Offerors shall not contact the requiring activity (Rock Island Arsenal DPW) directly regarding this requirement.
8. Points of Contact: All communications must be directed to the following:
Primary: Mark Wells, Contract Specialist, mark.f.wells4.civ@army.mil Secondary: Kathleen Ward, Contracting Officer, kathleen.m.ward20.civ@army.mil
*** END OF NARRATIVE ***
Section B - Supplies or Services & Prices or Costs
Additional Information/Notes
Item Supplies/Service Quanti ty
Unit Unit Price Amount
0001 FFP Base Bid for all work in accordance with the SOW for Project #2025-1649. This is a 120 working day contract. The 120 days will begin when the Notice to Proceed is issued.
Product Service Code: Z2AA
North American Industry Classification System (NAICS):
238160
Pricing Arrangement: Firm Fixed Price
1 Job
Section C - Description/Specifications/Statement of Work
Requirements Repair by replacement of the low-slope roof covering of Building 333 on the Rock Island Arsenal
Section E - Inspection and Acceptance
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.246-12 Inspection of Construction. 1996-08
Overall Contract Inspection/Acceptance Locations
0001 Inspection and Acceptance Location
Both Destination Instructions: See SOW
DoDAAC: W91QFD CountryCode: USA
W6B9 USAG ROCK ISLAND ARSENAL
BLDG 90 1ST FLOOR, 1 ROCK ISLAND ARSENAL
ROCK ISLAND, IL 61299-5000
UNITED STATES
Section G - Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
252.201-7000 Contracting Officer's Representative.
1991-12
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.
2018-12
252.232-7008 Assignment of Claims (Overseas).
1997-06
252.236-7000 Modification Proposals--Price Breakdown.
1991-12
DFARS Clauses Incorporated by Full Text
Number Title Effective Date
Alternate Deviation
Variation Effective Date
252.232-7006 Wide Area WorkFlow Payment Instructions.
2023-01
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
N/A
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
CONSTRUCTION
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HQ0490 Issue By DoDAAC W519TC Admin DoDAAC W519TC Inspect By DoDAAC W91QFD Ship To Code W91QFD Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) W91QFD Service Acceptor (DoDAAC) W91QFD Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A (*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
Kathleen Sullivan; kathleen.a.sullivan1.civ@army.mil
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Section H - Special Contract Requirements
Commencement and Completion of Work:
The Contractor shall be required to:
(a) Commence work under this contract within thirty (30) calendar days after the date the contractor receives the Notice to Proceed (NTP).
(b) Prosecute the work diligently, and
(c) Complete the entire work ready for use not later than one hundred twenty (120) working days after the date the Contractor receives the NTP.
The time stated for completion shall include final cleanup of the premises and submission of all required reports as outlined in the Scope of Work.
In accordance with FAR 52.211-12 Liquidated Damages - Construction; if the Contractor fails to complete the work within the time specified, the Contractor shall pay liquidated damages to the Government in the amount of $1,000 for each calendar day of delay.
*** END OF NARRATIVE ***
Section I - Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.202-1 Definitions. 2020-06
52.203-3 Gratuities. 1984-04
52.203-5 Covenant Against Contingent Fees.
2014-05
52.203-6 Restrictions on Subcontractor Sales to the Government.
2020-06
52.203-7 Anti-Kickback Procedures. 2020-06
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.
2014-05
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity.
2014-05
52.203-12 Limitation on Payments to Influence Certain Federal Transactions.
2020-06
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
2017-01
52.204-9 Personal Identity Verification of Contractor Personnel.
2011-01
52.204-10 Reporting Executive Compensation and First-Tier
2026-02
Subcontract Awards. (Deviation 2026-O0038)
52.204-13 System for Award Management- Maintenance. (Deviation 2026- O0038)
2026-02
52.204-19 Incorporation by Reference of Representations and Certifications.
2014-12
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026- O0038)
2026-02
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.
(Deviation 2026-O0038)
2026-02
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.
(Deviation 2026-O0038)
2026-02
52.215-2 Audit and Records-Negotiation.
(Deviation 2026-O0038)
2026-02
52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026- O0038)
2026-02
52.219-8 Utilization of Small Business Concerns. (Deviation 2026- O0038)
2026-02
52.219-33 Nonmanufacturer Rule. 2026-02
(Deviation 2026-O0038)
52.222-3 Convict Labor. (Deviation 2026- O0038)
2026-02
52.222-4 Contract Work Hours and Safety Standards-Overtime Compensation. (Deviation 2026- O0038)
2026-02
52.222-6 Construction Wage Rate Requirements. (Deviation 2026- O0038)
2026-02
52.222-7 Withholding of Funds. (Deviation 2026-O0038)
2026-02
52.222-8 Payrolls and Basic Records.
(Deviation 2026-O0038)
2026-02
52.222-9 Apprentices and Trainees.
(Deviation 2026-O0038)
2026-02
52.222-10 Compliance with Copeland Act Requirements. (Deviation 2026- O0038)
2026-02
52.222-11 Subcontracts (Labor Standards).
(Deviation 2026-O0038)
2026-02
52.222-12 Contract Termination-Debarment. 2014-05
52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations.
2014-05
52.222-14 Disputes Concerning Labor Standards. (Deviation 2026- O0038)
2026-02
52.222-15 Certification of Eligibility. 2014-05
52.222-35 Equal Opportunity for Veterans.
(Deviation 2026-O0038)
2026-02
52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026- O0038)
2026-02
52.222-37 Employment Reports on Veterans. (Deviation 2026- O0038)
2026-02
52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (Deviation 2026- O0038)
2026-02
52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038)
2026-02
52.222-54 Employment Eligibility Verification. (Deviation 2026- O0038)
2026-02
52.222-62 Paid Sick Leave Under Executive Order 13706. (Deviation 2026- O0038)
2026-02
52.222-90 Addressing DEI Discrimination by Federal Contractors.
(Deviation 2026-O0040, Revision 1)
2026-04
52.223-5 Pollution Prevention and Right-to- Know Information.
2024-05
52.223-23 Sustainable Products. (Deviation 2026-O0038)
2026-02
52.226-7 Drug-Free Workplace. 2024-05
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.
2024-05
52.227-4 Patent Indemnity-Construction Contracts.
2007-12
52.228-2 Additional Bond Security. 1997-10
52.228-5 Insurance-Work on a Government Installation.
1997-01
52.228-11 Individual Surety-Pledge of Assets.
2021-02
52.228-12 Prospective Subcontractor Requests for Bonds.
2022-12
52.228-15 Performance and Payment Bonds-Construction.
2020-06
52.229-3 Federal, State, and Local Taxes. 2026-02
52.232-17 Interest. 2014-05
52.232-18 Availability of Funds. 1984-04
52.232-23 Assignment of Claims. 2014-05
52.232-27 Prompt Payment for Construction Contracts.
2017-01
52.232-33 Payment by Electronic Funds Transfer-System for Award Management.
2018-10
52.232-40 Providing Accelerated Payments to Small Business
2023-03
Subcontractors.
52.233-1 Disputes. (Deviation 2026- O0038)
2026-02
52.233-3 Protest after Award. (Deviation 2026-O0038)
2026-02
52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026- O0038)
2026-02
52.236-2 Differing Site Conditions.
(Deviation 2026-O0038)
2026-02
52.236-3 Site Investigation and Conditions Affecting the Work. (Deviation 2026-O0038)
2026-02
52.236-5 Material and Workmanship.
(Deviation 2026-O0038)
2026-02
52.236-6 Superintendence by the Contractor. (Deviation 2026- O0038)
2026-02
52.236-7 Permits and Responsibilities.
(Deviation 2026-O0038)
2026-02
52.236-8 Other Contracts. (Deviation 2026- O0038)
2026-02
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (Deviation 2026-O0038)
2026-02
52.236-10 Operations and Storage Areas.
(Deviation 2026-O0038)
2026-02
52.236-11 Use and Possession Prior to Completion. (Deviation 2026- O0038)
2026-02
52.236-12 Cleaning Up. (Deviation 2026- O0038)
2026-02
52.236-13 Accident Prevention. (Deviation 2026-O0038)
2026-02
52.236-14 Availability and Use of Utility Services. (Deviation 2026-O0038)
2026-02
52.236-15 Schedules for Construction Contracts. (Deviation 2026- O0038)
2026-02
52.236-17 Layout of Work. (Deviation 2026- O0038)
2026-02
52.236-21 Specifications and Drawings for Construction. (Deviation 2026- O0038)
2026-02
52.240-91 Security Prohibitions and Exclusions. (Deviation 2026- O0038)
2026-02
52.240-92 Security Requirements.
(Deviation 2026-O0038)
2026-02
52.242-13 Bankruptcy. 1995-07
52.242-14 Suspension of Work. 1984-04
52.243-1 Changes-Fixed-Price. (Deviation 2026-O0038)
2026-02
52.243-4 Changes. (Deviation 2026- O0038)
2026-02
52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-04
52.246-21 Warranty of Construction. 1994-03
52.253-1 Computer Generated Forms.
2026-02
DFARS Clauses Incorporated by Reference
Date
Alternate Deviation
Variation Effective Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials.
2011-09
252.203-7002 Requirement to Inform Employees of Whistleblower Rights.
2022-12
252.203-7004 Display of Hotline Posters. 2023-01
252.204-7003 Control of Government Personnel Work Product.
1992-04
252.204-7004 Antiterrorism Awareness Training for Contractors.
2023-01
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
2024-05
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment
2023-01 or Services.
252.205-7000 Provision of Information to Cooperative Agreement Holders.
2024-10
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.
2019-05
252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements.
2023-01
252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.
2014-09
252.223-7008 Prohibition of Hexavalent Chromium.
2023-01
252.225-7001 Buy American and Balance of Payments Program.
2024-02
252.225-7012 Preference for Certain Domestic Commodities.
2022-04
252.225-7048 Export-Controlled Items. 2013-06
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.
2023-01
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.
2023-06
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and
2023-01
Native Hawaiian Small Business Concerns.
252.232-7010 Levies on Contract Payments. 2006-12
252.236-7013 Requirement for Competition Opportunity for American Steel Producers, Fabricators, and Manufacturers.
2023-01
252.243-7001 Pricing of Contract Modifications. 1991-12
252.243-7002 Requests for Equitable Adjustment.
2022-12
252.247-7023 Transportation of Supplies by Sea.
2024-10
FAR Clauses Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
52.211-12 Liquidated Damages- Construction.
2000-09
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 $1,000 [Contracting Officer insert amount] 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.
52.219-14 Limitations on Subcontracting.
Limitations on Subcontracting (Feb 2026) (Deviation 2026-O0038)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that-
(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and
(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.
(c) Applicability. This clause applies only to-
(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(3) Contracts that have been awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108;
(4) Orders expected to exceed the simplified acquisition threshold and that are set aside for small business concerns under multiple-award contracts, as described in 8.4 and 16.5;
(5) Orders, regardless of dollar value, that are set aside in accordance with sections 19.105, 19.106, 19.107, and 19.108 under multiple-award contracts, as described in 8.4 and 16.5; and
(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.
(d) Independent contractors. An independent contractor shall be considered a subcontractor.
(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for-
(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;
(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;
(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or
(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.
(f) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause-
[Contracting Officer check as appropriate.]
[ ] By the end of the base term of the contract and then by the end of each subsequent option period; or
[ ] By the end of the performance period for each order issued under the contract.
(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.
(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.
(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.
52.219-28 Postaward Small Business Program Rerepresentation.
Postaward Small Business Program Rerepresentation (Feb 2026) (Deviation 2026-O0038)
Long-term contract means a contract of more than five years in duration, including options.
However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern-
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
(b) If the Contractor represented that it was a small business concern, a small disadvantaged business concern, or a joint venture that was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts-
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document /support--table-size-standards.
(d) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-
(1) Was set aside for small business and has a value above the simplified acquisition threshold;
(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or
(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation(s) required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under ____NAICS Code assigned to ____contract number.
(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (g)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.
(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [____The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]
(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [____The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __ .]
(5) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it [ ] is, [ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402.
[____The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]
(6) HUBZone joint venture eligible under the HUBZone Program.[ Complete only if the offeror is a HUBZone small business concern. ] The offeror represents, as part of its offer, that It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [____The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern. [____Contractor to sign and date and insert authorized signer's name and title.]
52.223-11 Ozone-Depleting Substances.
2026-02
Ozone-Depleting Substances (Feb 2026) (Deviation 2026-O0038)
(a) Definition. As used in this clause-
Ozone-depleting substance means any substance the Environmental Protection Agency designates in 40 CFR part 82 as-
(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or
(2) Class II, including, but not limited to, hydrochlorofluorocarbons.
(b) Requirement. In accordance with 40 CFR 82.84(a)(5), the Contractor shall label products that contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j(b), (c), (d), and (e) and 40 CFR part 82, subpart E, as follows:
Warning: Contains (or manufactured with, if applicable) *____, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.
* The Contractor shall insert the name of the substance(s).
52.225-9 Buy American-Construction Materials. (Deviation 2026- O0038)
Buy American-Construction Materials (Feb 2026) (Deviation 2026-O0038)
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 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. 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:
____________[Contracting Officer to list applicable excepted materials or indicate "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.
(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 or Balance of Payments Program.
(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…
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