Solicitation Amendment FA303025Q00190001 SF 30.pdf

R

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBE

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

The purpose of this amendment is to post the answers/responses of all submitted questions in the Block 14 (Description of Amendment/Modification):

attachment titled, "Attachment 07 - FA303025Q0019 Construct FAM-CAMP RV Sunshades Q&A." Also, the Statement of Work has been revised as of March 2025, and is posted in the attachment titled "Attachment 06 - SOW Rec Camp Shade Structure Revised Mar 2025." This amendment will also adjust clauses per Class Deviation 2025-O0003 - Restoring Merit-Based Opportunity in Federal Contracts & Class Deviation 2025-O0004 - Revocation of Executive Order on Sustainability.

As a result, the following NAF clauses were removed, NFC 222-21 Prohibition of Segregated Facilities, NFC 222-22 Previous Contracts and Compliance Reports, NFC 222-25 Affirmative Action Compliance, NFC 222-26 Equal Opportunity, and NFC 222-27 Affirmative Action Compliance Requirements for Construction. As a result, the following FAR clauses were added, FAR 52.223-10 Waste Reduction Program (DEVIATION 2025-O00004), FAR 52.223-23 Sustainable Products and Services (DEVIATION 2025-O00004). As a result, the following FAR clause was modified, FAR 52-213-4 Terms and Conditions, paragraph (b)(1)(xvii). As a courtesy reminder, quotes are due no later than 1:00pm CST on Tuesday 25 March 2025. Please follow the guidance in Section L of the solicitation when submitting your quote.

Section I - Contract Clauses

Miscellaneous text in this section has been modified to:

SPECIAL CLAUSES FOR CONSTRUCTION

NFC-36-204 - DISCLOSUREOF THE MAGNITUDE OF CONSTRUCTION PROJECTS

(NOV 2020)

Advance notices and solicitations shall state the magnitude of the requirement in terms of physical characteristics and estimated price range. In no event shall the statement of magnitude discloses the NAFI's estimate. Therefore, the estimated price should be described in terms of one of the following price ranges:

Between$100,000 and $150,000.

(End of clause)

NFC-203-14 - DISPLAY OF HOTLINE POSTER(S) (JUN 2020)

(a) Definition.

"United States," as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites.

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from

Defense Hotline Posters http://www.dodhotline.dodig.mil/Hotline/posters.cfm

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph(d), in all subcontracts that exceed $5.5 million, except when the subcontract

FA303025Q00190001

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

(End of clause)

NFC-211-12 - 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 NAFI in the amount of r for each calendar day of delay until the work is completed or accepted.$885.00 on first day and $276.00 for each day thereafte

(b) If the NAFI 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.

(End of clause)

NFC-222-36 - EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(c) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

NFC-225-9 - BUYAMERICAN-CONSTRUCTION MATERIALS (MAY 2014)

(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 item;

(ii) Sold insubstantial quantities in the commercial marketplace; and

(iii) Offered to the NAFI, 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.

"Component" means an article, material, or supply incorporated directly into a construction material.

"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 NAFI 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.

"Domestic construction material" means

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which Non availability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the 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 component test of the Buy American statute is waived for construction material that is a COTS item. 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.

This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the NAFI as follows:

_______ _________[ContractingOfficer to list applicable excepted materials or indicate "none"]none

(2) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the NAFI determines that

(i) The cost of domestic construction material would be unreasonable. 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 6 percent;

(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 NAFI 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 NAFI 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 NAFI 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

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

[Include other applicable supporting information.]

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

(End of Clause)

NFC-236-22 - DESIGN WITH FUNDING LIMITATIONS (APR 1984)

(a) The Contractor shall accomplish the design services required under this contract so as to permit the award of a contract, using standard Federal Acquisition Regulation procedures for the construction of the facilities designed at a price that does not exceed the estimated construction contract price as set forth in paragraph (c) below. When bids or proposals for the construction contract are received that exceed the estimated price, the contractor shall perform such redesign and other services as are necessary to permit contract award within the funding limitation. These additional services shall be performed at no increase in the price of this contract. However, the Contractor shall not be required to perform such additional services at no cost to the NAFI if the unfavorable bids or proposals are the result of conditions beyond its reasonable control.

(b) The Contractor will promptly advise the Contracting Officer if it finds that the project being designed will exceed or is likely to exceed the funding limitations and it is unable to design a usable facility within these limitations. Upon receipt of such information, the Contracting Officer will review the Contractor's revised estimate of construction cost. The NAFI may, if it determines that the estimated construction contract price set forth in this contract is so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in scope or materials as required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth in paragraph (c) below, or the NAFI may adjust such estimated construction contract price. When bids or proposals are not solicited or are unreasonably delayed, the NAFI shall prepare an estimate of constructing the design submitted and such estimate shall be used in lieu of bids or proposals to determine compliance with the funding limitation.

(c) The estimated construction contract price for the project described in this contract is see order of magnitude

(End of Clause)

NFC-236-23 - RESPONSIBILITYOF THE ARCHITECT-ENGINEER CONTRACTOR (APR

1984)

The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services.

(a) Neither the NAFI's review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the Contractor shall be and remain liable to the NAFI in accordance with applicable law for all damages to the NAFI caused by the Contractor's negligent performance of any of the services furnished under this contract.

(b) The rights and remedies of the NAFI provided for under this contract are in addition to any other rights and remedies provided by law.

(c) If the Contractor is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.

(End of Clause)

NFC-236-24 - WORKOVERSIGHT IN ARCHITECT-ENGINEER CONTRACT (APR 1984)

The extent and character of the work to be done by the Contractor shall be subject to the general oversight, supervision, direction, control, and approval of the Contracting Officer.

(End of Clause)

NFC-236-25 - REQUIREMENTSFOR REGISTRATION OF DESIGNERS (JUN 2003)

Architects or engineers registered to practice in the particular professional field involved in a State, the District of Columbia, or an outlying area of the United States shall prepare or review and approve the design of architectural, structural, mechanical, electrical, civil, or other engineering features of the work.

(End of Clause)

NFC-236-7009 - OPTION FOR SUPERVISION AND INSPECTION SERVICES (DEC

1991)

(a)The NAFI may

(1) At its option, direct the Contractor to perform any part or all of the supervision and inspection services for the construction contract as provided underAppendix A of this contract; and

(2) Exercise its option, by written order, at any time prior to six months after satisfactory completion and acceptance of the work under this contract.

(b) Upon receipt of the Contracting Officer's written order, the Contractor shall proceed with the supervision and inspection services.

(End of clause)

NFC-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. Full text is available online at:

https://www.afnafpo.afsv.net/documents/NAF_Standard_Clauses_Incorporated_By_Reference_Full_Text.pdf (NAF Contracting).

(End of clause)

NFC-252-4 - ALTERATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follows:

n/a n/a

(End of Clause)

NFC-252-6 - AUTHORIZED DEVIATION IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any NAFI 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 NAFI clause with an authorized deviation is indicated by the addition of"(DEVIATION)" after the name of the regulation.

(End of Clause)

CLAUSES INCORPORATED BY REFERENCE

NFC-202-1 Definitions

NFC-203-2 Certificate of Independent Price Determination

NFC-203-3 Gratuities

NFC-203-5 Covenant Against Contingent Fees

NFC-203-7 Anti-Kickback Procedures

NFC-203-8 Cancellation, Recession, and Recovery of Funds for Illegal or Improper Activity

NFC-203-10 Price or Fee Adjustment for Illegal or Improper Activity

NFC-203-11

Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

NFC-203-12 Limitation on Payments to Influence Certain Federal Transactions

NFC-203-13 Contractor Code of Business Ethics and Conduct

NFC-203-16 Preventing Personal Conflicts of Interest.

NFC-203-17

Contractor Employee Whistleblower Rights and Requirement to Inform appraisals

NFC-204-3 Taxpayer Identification

NFC-204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

NFC-204-5 Women-Owned Business (Other Than Small Business)

NFC-204-9 Personal Identity Verification of Contractor Personnel

NFC-204-12 Data Universal Numbering System Number Maintenance

NFC-204-19 Incorporation by Reference of Representations and Certifications

NFC-209-2 Prohibition on Contracting with Inverted Domestic Corporations - Representation.

NFC-209-5 Certification Regarding Responsibility Matters

NFC-209-6

Protecting the NAFI's Interest When Subcontracting with Contractor's Debarred, Suspended, or Proposed for Debarment

NFC-209-9 Updates of Publicly Available Information Regarding Responsibility Matters

NFC-210-1 Market Research

NFC-211-

Commencement, Prosecution, and Completion of Work

NFC-211-13 Time Extensions

NFC-215-2 AUDIT AND RECORDS--NEGOTIATIONS

NFC-215-6 PLACE OF PERFORMANCE

NFC-215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT

NFC-222-1 Notice to the NAFI of Labor Disputes

NFC-222-4 Contract Work Hours and Safety Standards-Overtime Compensation

NFC-222-5 Employment Eligibility Verification.

NFC-222-6 Construction Wage Rate Requirements.

NFC-222-7 Withholding of Funds.

NFC-222-8 Payrolls and Basic Records

NFC-222-9 Apprentices and Trainees.

NFC-222-10 Compliance with Copeland Act Requirements.

NFC-222-11 Subcontracts (Labor Standards)

NFC-222-

Contract Termination- Debarment.

NFC-222-

Compliance with Construction Wage Rate Requirements and Related Regulations

NFC-222-

Disputes Concerning Labor Standards.

NFC-222-

Certification Regarding Knowledge of Child Labor for Listed End Products

NFC-222-

Affirmative Action Compliance

NFC-222-

Employment Reports on Veterans.

NFC-222-

Compliance with Veterans' Employment Reporting Requirements

NFC-

222-40

Notification of Employee Rights Under the National Labor Relations Act.

NFC-

222-48

Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification

NFC-

222-52

Exemption from Application of the Service Contract Labor Standards to Contracts for Services-Certification.

NFC-

223-1

Biobased Product Certification

NFC-

223-2

Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

NFC-

223-3

Hazardous Material Identification and Material Safety Data

NFC-

223-4

Recovered Material Certification

NFC-

223-6

Drug-Free Workplace.

NFC-

223-9

Estimate of Percentage of Recovered Material Content for EPA - Designated Items

NFC-

223-10

Waste Reduction Program.

NFC-

223-15

Energy Efficiency in Energy-Consuming Products

NFC-

223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

NFC-

223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

NFC-

224-1 Privacy Act Notification.

NFC-

224-2

Privacy Act.

NFC-

225-2

Buy American Act Certificate

NFC-

225-4 Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate

NFC-

225-6

Trade Agreements Certificate

NFC-

225-13 Restrictions on Certain Foreign Purchases

NFC-

225-20 Prohibition on Conducting Restricted Business Operations in Sudan-Certification

NFC-

225-25

Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications

NFC-

226-2 Historically Black College or University and Minority Institution Representation

NFC-

227-1 Authorization and Consent.

NFC-

227-2 Notice and Assistance Regarding Patent and Copyright Infringement.

227-4 Patent Indemnity- Construction Contracts.

NFC-

227-6 Royalty Information

NFC-

227-15

Representation of Limited Rights Data and Restricted Computer Software

NFC-

228-2 Additional Bond Security.

NFC-

228-5 Insurance-Work on a NAFI Installation.

NFC-

228-11 Pledges of Assets

NFC-

228-12 Prospective Subcontractor Requests for Bonds.

NFC-

228-14 Irrevocable Letter of Credit.

NFC-

228-15 Performance and Payment Bonds- Construction.

NFC-

229-3 Federal, State, and Local Taxes.

NFC-

232-5 Payments under Fixed-Price Construction Contracts.

NFC-

232-17 Interest.

NFC-

232-

Prompt Payment for Construction Contracts.

NFC-

232-34 Payment by Electronic Funds Transfer - Other than System for Award Management

NFC-

232-39 Unenforceability of Unauthorized Obligations.

NFC-

233-3 Protest after Award.

233-4 Applicable Law for Breach of Contract Claim

NFC-

236-2 Differing Site Conditions

NFC-

236-3 Site Investigation and Conditions Affecting the Work.

NFC-

236-5 Material and Workmanship.

NFC-

236-6 Superintendence by the Contractor

NFC-

236-7 Permits and Responsibilities.

NFC-

236-8 Other Contracts.

NFC-

236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

NFC-

236-10 Operations and Storage Areas.

NFC-

236-11 Use & Possession Prior to Completion.

NFC-

236-12

Cleaning Up.

NFC-

236-13 Accident Prevention.

NFC-

236-14 Availability and Use of Utility Services.

NFC-

236-15 Schedules for Construction Contracts.

NFC-

236-17 Layout of Work.

NFC-

236-21 Specifications and Drawings for Construction.

236-26 Preconstruction Conference.

NFC-

236-

Option for Supervision and Inspection Services

NFC-

242-13

Bankruptcy

NFC-

242-14

Suspension of Work

NFC-

243-4 Changes

NFC-

244-6 Subcontracts for Commercial Items

NFC-

245-1

NAFI Property

NFC-

246-12

Inspection of Construction

NFC-

246-21 Warranty of Construction

NFC-

248-1 Value Engineering--Construction

NFC-

249-1 Termination for Convenience of the NAFI (Fixed-Price) (Short Form)

NFC-

249-10 Default (Fixed-Price Construction)

Additional Information/Notes

The following clauses were added:

FAR Clauses Incorporated by Reference

Number Title Effective Date Alternate/ Deviation

Variation Effective Date

52.223-10 Waste Reduction Program. (DEVIATION 2025-O0004) May 2024 Deviation 2025-O0004 Mar 2025 52.223-23 Sustainable Products and Services. May 2024 52.223-23 Sustainable Products and Services. (DEVIATION 2025-O0004) May 2024 Deviation 2025-O0004 Mar 2025

FAR Clauses Incorporated by Full Text

52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than Commercial Products and Commercial Services). (DEVIATION 2025-O0003 and 2025-O0004)

(Jan 2025) Deviation 2025-O0004 (Mar 2025)

Terms and Conditions-Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (MAR 2025) (DEVIATION 2025-O0003 and 2025- )O0004

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title VII, of the (Jan 2017) Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Section (Dec 2023) 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(a)(1)(A) of Pub. (Nov 2021) L. 115-232).

(iv) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328), unless the agency grants an exception - (Jun 2023) see paragraph (b) of 52.204-27.

(v) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)

(vi) 52.222-3, Convict Labor (E.O.11755).(Jun 2003)

(vii) [Reserved]

(viii) [Reserved]

(ix) 52.225-13, Restrictions on Certain Foreign Purchases ( ) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of Feb 2021 the Department of the Treasury).

(x) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C. 3903 and 10 U.S.C. 3801).(Mar 2023)

(xi) A 52.233-3, Protest After Award (31 U.S.C. 3553).(Aug 1996)

(xii) 52.233-4, Applicable Law for Breach of Contract Claim (Pub. L. 108-77 and 108-78 (19 U.S.C. 3805 note)).(Oct 2004)

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments .(Apr 1984)

(ii) 52.232-8, Discounts for Prompt Payment .(Feb 2002)

(iii) 52.232-11, Extras .(Apr 1984)

(iv) 52.232-25, Prompt Payment (Jan 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations .(Jun 2013)

(vi) 52.233-1, Disputes .(May 2014)

(vii) 52.244-6, Subcontracts for Commercial Products and Commercial Services .(Jan 2025)

(viii) A 52.253-1, Computer Generated Forms .(Jan 1991)

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or (Nov 2023) applicable elements of the intelligence community-see FAR 3.900(a).

(ii) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts (Jun 2020) valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(iii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase (Jan 2025) threshold, as defined in 2.101 on the date of award of this contract).

(iv) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment., Contracts for Materials, Supplies, Articles, and Equipment (41 U.S.C. chapter (Jun 2020)

65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S.

Virgin Islands).

(v) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on (Jun 2020) the date of award of this contract).

(vi) 52.222-36, Equal Employment for Workers with Disabilities (29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on (Jun 2020) the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vii) 52.222-37, Employment Reports on Veterans (38A U.S.C.A 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(Jun 2020)

(a) on the date of award of this contract).

(viii) 52.222-41, Service Contract Labor Standards (41A U.S.C.A chapterA 67) (Applies to service contracts over $2,500 that are subject to the Service (Aug 2018) Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(ix)

(A) 52.222-50, Combating Trafficking in Persons (22A U.S.C.A chapterA 78 and E.O. 13627) (Applies to all solicitations and contracts).(Nov 2021)

(B) Alternate I (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), (Mar 2015) source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(x) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Applies when 52.222-6 or 52.222-41 are in the contract and (Jan 2022) performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.

(xi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance (Jan 2022) in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xii) 52.223-5, Pollution Prevention and Right-to-Know Information (42 U.S.C. 11001-11050 and 13101-13109) (Applies to services performed on (May 2024) Federal facilities).

(xiii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (42 U.S.C. 7671, ) (Applies to contracts (May 2024) et seq.

for products as prescribed at FAR 23.109(d)(1)).

(xiv) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (42 U.S.C. 7671, ) (Applies to (May 2024) et seq.

maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xv) 52.223-20, Aerosols (42 U.S.C. 7671, ) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons (May 2024) et seq.

as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (42 U.S.C. 7671, ) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons (May 2024) et seq.

or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-O0004)) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C.

7671l) (Applies to contracts when the agency identifies in the statement of work, or elsewhere in the contract, the sustainable products and services that apply to the acquisition).

(xviii)

(A) 52.225-1, Buy American-Supplies (41 U.S.C.A chapterA 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing (Oct 2022) of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in 2.101 on the date of award of this contract, and the acquisition-

(1) Is set aside for small business concerns; or

(2) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $50,000).

(B) (OCT 2022) (Applies if the Contracting Officer has filled in the domestic content threshold below, which will apply to the entire contract period of Alternate I performance. Substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of in paragraph (a) of 52.225-1: domestic end product

(A) The cost of its components mined, produced, or manufactured in the United States exceeds percent of the cost of all its components. [ ____ Contracting officer

])to insert the percentage per instructions at 13.302-5(d)(4).

(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations., Promoting Excess Food Donation to Nonprofit Organizations (42A U.S.C.(Jun 2020) A 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

(xx) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Applies when the payment will be made by electronic funds (Oct 2013) transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).

(xxi) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Applies when the payment will be made by EFT and (Jul 2013) the payment office does not use the SAM database as its source of EFT information).

(xxii) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305)(Applies to supplies transported by ocean vessels (Nov 2021) (except for the types of subcontracts listed at 47.504(d)).

(xxiv) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (49 U.S.C. 40118(g)). (Applies to (Jan 2025) contracts with a U.S.-flag carrier for the transportation by air of passengers; does not apply to contracts awarded by the Department of Defense or contracts for commercial products).

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Applies to contracts when the contractor or a subcontractor at any tier (Nov 2021) may have Federal contract information residing in or transiting through its information system.)

(ii) 52.209-6, Protecting the NAFI's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).2025)

(iii) 52.211-17, Delivery of Excess Quantities ( ) (Applies to fixed-price supplies).Sept 1989

(iv) 52.247-29, F.o.b. Origin (Applies to supplies if delivery is f.o.b. origin).(Feb 2006)

(v) 52.247-34, F.o.b. Destination ( ) (Applies to supplies if delivery is f.o.b. destination).Jan 1991

(c) . This contract incorporates one or more clauses by reference, with the same force and effect as FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998) 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 address(es):

___www.acquisition.gov

(d) . The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The NAFI reserves the Inspection/Acceptance right to inspect or test any supplies or services that have been tendered for acceptance. The NAFI may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The NAFI must exercise its post acceptance rights-

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) . The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor Excusable delays and without its fault or negligence, such as acts of God or the public enemy, acts of the NAFI in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) . NAFI reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such Termination for the NAFI's convenience termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.

Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the NAFI, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give NAFI any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) . NAFI may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to Termination for cause comply with any contract terms and conditions, or fails to provide NAFI, upon request, with adequate assurances of future performance. In the event of termination for cause, NAFI shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to NAFI for any and all rights and remedies provided by law. If it is determined that NAFI improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) . The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this Warranty contract.

(End of clause)

The following clauses were deleted:

FAR Clauses Incorporated by Full Text

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Products and Commercial Services). (Jan 2025)

As prescribed in , insert the following clause:13.302-5(d)

Terms and Conditions-Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (Jan 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title VII, of the (Jan 2017) Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Section (Dec 2023) 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(a)(1)(A) of Pub. (Nov 2021) L. 115-232).

(iv) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328), unless the agency grants an exception - (Jun 2023) see paragraph (b) of 52.204-27.

(v) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)

(vi) 52.222-3, Convict Labor (E.O.11755).(Jun 2003)

(vii) 52.222-21, Prohibition of Segregated Facilities .(Apr 2015)

(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

(ix) 52.225-13, Restrictions on Certain Foreign Purchases ( ) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of Feb 2021 the Department of the Treasury).

(x) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C. 3903 and 10 U.S.C. 3801).(Mar 2023)

(xi) 52.233-3, Protest After Award (31 U.S.C. 3553).(Aug 1996)

(xii) 52.233-4, Applicable Law for Breach of Contract Claim (Pub. L. 108-77 and 108-78 (19 U.S.C. 3805 note)).(Oct 2004)

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments .(Apr 1984)

(ii) 52.232-8, Discounts for Prompt Payment .(Feb 2002)

(iii) 52.232-11, Extras .(Apr 1984)

(iv) 52.232-25, Prompt Payment (Jan 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations .(Jun 2013)

(vi) 52.233-1, Disputes .(May 2014)

(vii) 52.244-6, Subcontracts for Commercial Products and Commercial Services .(Nov 2024)

(viii) 52.253-1, Computer Generated Forms .(Jan 1991)

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or (Nov 2023) applicable elements of the intelligence community-see FAR 3.900(a).

(ii) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts (Jun 2020) valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(iii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase (Feb 2024) threshold, as defined in 2.101 on the date of award of this contract).

(iv) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment., Contracts for Materials, Supplies, Articles, and Equipment (41 U.S.C. chapter (Jun 2020)

65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S.

Virgin Islands).

(v) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on (Jun 2020) the date of award of this contract).

(vi) 52.222-36, Equal Employment for Workers with Disabilities (29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on (Jun 2020) the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vii) 52.222-37, Employment Reports on Veterans (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) (Jun 2020) on the date of award of this contract).

(viii) 52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service (Aug 2018) Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(ix)

(A) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).(Nov 2021)

(B) Alternate I (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), (Mar 2015) source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(x) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Applies when 52.222-6 or 52.222-41 are in the contract and (Jan 2022) performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.

(xi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance (Jan 2022) in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xii) 52.223-5, Pollution Prevention and Right-to-Know Information (42 U.S.C. 11001-11050 and 13101-13109) (Applies to services performed on (May 2024) Federal facilities).

(xiii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (42 U.S.C. 7671, ) (Applies to contracts (May 2024) et seq.

for products as prescribed at FAR 23.109(d)(1)).

(xiv) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (42 U.S.C. 7671, ) (Applies to (May 2024) et seq.

maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xv) 52.223-20,…