Solicitation Amendment - FA462625R00020001.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR

INFORMATION CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

Created On:

18 Mar 2025, 09:58 AM Mountain Daylight Time

AWARD (To be completed by Government)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Section A - Solicitation/Contract Form LF Sump Pump Discharge

Product Service Code: Z2NZ

FA462625R00020001

Section B - Supplies or Services & Prices or Costs Additional Information/Notes

Item Supplies / Services Quantity Unit Unit Price Amount

Mobilization - All costs related to general contract requirements, administration, and overhead shall be merged and included in the contract costs for "Mobilization".

The cost of all insurance, permits, safety, fees and licenses, shop drawings and samples, utility locates, submittals, general administration and overhead, movement of equipment, tools, and other incidental work required for occupying the site and performing the work shall be merged and included in the contract price for "Mobilization".

Product Service Code: Z2NZ Pricing Arrangement: Firm Fixed Price

7 Each

Bonding - Measurement and payment for this item shall be at the contract lump sum price for "Bonding" and shall include all costs related to furnishing the bonds as required in the Contract Documents.

Product Service Code: Z2NZ Pricing Arrangement: Firm Fixed Price

1 Job

Government Delays - Should the Contracting Officer determine that the Contractor incurred a work stoppage or could not begin work as scheduled, and that the stoppage or delay was caused by Government, the Contractor will be paid for the delays which results in verifiable lost progress. Cost shall include crew, labor, and equipment time lost during normal work hours and shall not include evenings, Saturdays, Sundays, Winter Exclusion, or Federal Holidays.

Government Delays shall be paid by the Crew-Hour (CR-HR).

Product Service Code: Z2NZ Pricing Arrangement: Firm Fixed Price

70 Hours

Repair Discharge Lines - All costs for work and equipment necessary, including but not limited to, excavation, trenching, welding, core drilling, site restoration, cathodic protection, and pipe/pipe fittings for "Repair LF Sump Pump Discharge Lines". Work included in this item includes all work in Specification Divisions 3-40.

Product Service Code: Z2NZ Pricing Arrangement: Firm Fixed Price

7 Each

Demo Existing Discharge Lines - All costs for work and equipment necessary, including but not limited to, excavation, removal, and termination of existing drain

0005 lines and splash blocks for "Repair LF Sump Pump Discharge Lines".

Product Service Code: Z2NZ Pricing Arrangement: Firm Fixed Price

7 Each

Section C - Description/Specifications/Statement of Work

Requirements This work will be performed at one or more Launch Facilities (LF). Work consists of excavation, re-routing, and repair by replacement of the Sump Pump (SP) 102 and SP103 discharge lines. The contractor shall provide all plant, labor, equipment, supervision, services, and materials to execute and satisfy the requirements of this Contract.

The project NAICS code 237110 with a small size standard of $45M. The estimated project magnitude is between $500,000.00 and $1,000,000.00.

Notice to Offeror(s)/Supplier(s): Funds are presently available for this effort in the amount of the government estimate. The government reserves the right to cancel this solicitation, either before or after the closing date. In the event the government cancels this solicitation, the government has no obligation to reimburse an offeror for any costs.

Section D - Packaging and Marking

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. Aug 1996 Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F2W3D3 CountryCode: USA

341 CES CEMS MISSILE COMPLEX

AF BPN NO MILSBILLS PROCESSES, 20 RESCUE RD BLDG 1708

MALMSTROM AFB, MT 59402

UNITED STATES

JT Street Email: John_Thomas.Street@us.af.mil Telephone: 406-731-7196

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F2W3D3 CountryCode: USA

341 CES CEMS MISSILE COMPLEX

AF BPN NO MILSBILLS PROCESSES, 20 RESCUE RD BLDG 1708

MALMSTROM AFB, MT 59402

UNITED STATES

JT Street Email: John_Thomas.Street@us.af.mil Telephone: 406-731-7196

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F2W3D3 CountryCode: USA

341 CES CEMS MISSILE COMPLEX

AF BPN NO MILSBILLS PROCESSES, 20 RESCUE RD BLDG 1708

MALMSTROM AFB, MT 59402

UNITED STATES

JT Street Email: John_Thomas.Street@us.af.mil Telephone: 406-731-7196

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F2W3D3 CountryCode: USA

341 CES CEMS MISSILE COMPLEX

AF BPN NO MILSBILLS PROCESSES, 20 RESCUE RD BLDG 1708

MALMSTROM AFB, MT 59402

UNITED STATES

JT Street Email: John_Thomas.Street@us.af.mil Telephone: 406-731-7196

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F2W3D3 CountryCode: USA

341 CES CEMS MISSILE COMPLEX

AF BPN NO MILSBILLS PROCESSES, 20 RESCUE RD BLDG 1708

MALMSTROM AFB, MT 59402

UNITED STATES

JT Street Email: John_Thomas.Street@us.af.mil Telephone: 406-731-7196

Section F - Deliveries or Performance Overall Contract Delivery Period

Line Item Delivery Schedule Quantity Address and POC

Delivery Schedule From date of lead time event to completion of performance 180 Calendar Days Date of Notice to Proceed Receipt

7 Each Place of Performance DoDAAC: F2W3D3 CountryCode: USA

341 CES CEMS MISSILE COMPLEX

AF BPN NO MILSBILLS PROCESSES, 20 RESCUE RD BLDG

MALMSTROM AFB, MT 59402

UNITED STATES

JT Street Email: John_Thomas.Street@us.af.mil Telephone: 406-731-7196

Delivery Schedule From date of lead time event to completion of performance 180 Calendar Days Date of Notice to Proceed Receipt

1 Job Place of Performance DoDAAC: F2W3D3 CountryCode: USA

341 CES CEMS MISSILE COMPLEX

AF BPN NO MILSBILLS PROCESSES, 20 RESCUE RD BLDG

MALMSTROM AFB, MT 59402

UNITED STATES

JT Street Email: John_Thomas.Street@us.af.mil Telephone: 406-731-7196

Delivery Schedule From date of lead time event to completion of performance 180 Calendar Days Date of Notice to Proceed Receipt

70 Hours Place of Performance DoDAAC: F2W3D3 CountryCode: USA

341 CES CEMS MISSILE COMPLEX

AF BPN NO MILSBILLS PROCESSES, 20 RESCUE RD BLDG

MALMSTROM AFB, MT 59402

UNITED STATES

JT Street Email: John_Thomas.Street@us.af.mil Telephone: 406-731-7196

Delivery Schedule From date of lead time event to completion of performance 180 Calendar Days Date of Notice to Proceed Receipt

7 Each Place of Performance DoDAAC: F2W3D3 CountryCode: USA

341 CES CEMS MISSILE COMPLEX

AF BPN NO MILSBILLS PROCESSES, 20 RESCUE RD BLDG

MALMSTROM AFB, MT 59402

UNITED STATES

JT Street Email: John_Thomas.Street@us.af.mil Telephone: 406-731-7196

Delivery Schedule From date of lead time event to completion of performance 180 Calendar Days Date of Notice to Proceed Receipt

7 Each Place of Performance DoDAAC: F2W3D3 CountryCode: USA

341 CES CEMS MISSILE COMPLEX

AF BPN NO MILSBILLS PROCESSES, 20 RESCUE RD BLDG

MALMSTROM AFB, MT 59402

UNITED STATES

JT Street Email: John_Thomas.Street@us.af.mil Telephone: 406-731-7196

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.242-15 Stop-Work Order. Aug 1989 52.242-17 Government Delay of Work. Apr 1984 52.247-34 F.o.b. Destination. Nov 1991

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"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) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Electronic invoicing.

Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(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) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before WAWF training.

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) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol. WAWF methods of document submission.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this WAWF payment instructions.

contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following document type(s): Document type.

(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.

(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.

Invoice 2-in-1

(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) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating Document routing.

payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC F87700

Issue By DoDAAC FA4626

Admin DoDAAC FA4626

Inspect By DoDAAC F2W3D3

Service Approver (DoDAAC) F2W3D3

Service Acceptor (DoDAAC) FA4626

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance Payment request.

with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(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.

CO: Cody Babinecz; cody.babinecz@us.af.mil or CA: SrA Tamia Cash; tamia.cash@us.af.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section H - Special Contract Requirements

Section I - Contract Clauses

52.229-11 Tax on Certain Foreign Procurements--Notice and Representation.

As prescribed in , insert the following provision: (a)29.402-3

Tax on Certain Foreign --Notice and Representation (Jun 2020) Procurements

(a) Definitions. As used in this provision--

Foreign person means any person other than a . United States person

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign party that is for goods, manufactured or contracting produced, or services provided in a foreign country that is not a party to an international agreement with the . For purposes of the prior procurement United States sentence, a foreign country does not include an outlying area.

United States person as defined in (a)(30) means 26 U.S.C. 7701

(1) A citizen or resident of the ; United States

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of (a)(31)); and 26 U.S.C. 701

(5) Any trust if-

(i) A court within the is able to exercise primary supervision over the administration of the trust; and United States

(ii) One or more have the authority to control all substantial decisions of the trust. United States persons

(b) Unless exempted, there is a 2 percent tax of the amount of a on any receiving such payment. See specified Federal procurement payment foreign person 26 U.

and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.S.C. 5000C

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The would an exemption from the Offeror claim withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Party Receiving Federal Contracting Procurement Payments, available via the internet at . Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any www.irs.gov/w14 disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the tax is a tax matter, not a contract 26 U.S.C. 5000C issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under , the represents that 26 U.S.C. 5000C Offeror

(1) It is is not a ; and foreign person

(2) If the indicates "is" in paragraph (d)(1) of this provision, then the represents that--I am claiming on the IRS Form W-14 a full exemption, or Offeror Offeror partial or no exemption [ select one] from the excise tax.Offeror shall

(e) If the represents it is a in paragraph (d)(1) of this provision, then-- Offeror foreign person

(1) The clause at FAR , Tax on Certain Foreign , will be included in any resulting contract; and 52.229-12 Procurements

(2) The submit with its the IRS Form W-14. If the IRS Form W-14 is not submitted with the , exemptions will not be applied to any resulting Offeror shall offer offer contract and the Government will withhold a full 2 percent of each payment.

(f) If the selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the will be subject to withholding in Offeror Offeror accordance with the clause at FAR , Tax on Certain Foreign , in any resulting contract. 52.229-12 Procurements

(g) A taxpayer , for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter may ruling. Also, the IRS publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and may regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to . https://www.irs.gov/help/tax-law-questions

(End of provision)

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in , insert the following provision: (a)52.107

Solicitation Provisions Incorporated by Reference (Feb 1998)

This incorporates one or more provisions by reference, with the same force and effect as if they were given in full text. Upon request, the solicitation solicitation will make their full text available. The is cautioned that the listed provisions include blocks that be completed by the and Contracting Officer offeror may must offeror submitted with its quotation or . In lieu of submitting the full text of those provisions, the identify the provision by paragraph identifier and provide offer offeror may the appropriate information with its quotation or . Also, the full text of a provision be accessed electronically at this/these address(es): offer solicitation may

FA462625R00020001

https://www.acquisition.gov/far/part-29#FAR_29_402_3 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://www.irs.gov/w14 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_229_12 https://www.acquisition.gov/far/part-52#FAR_52_229_12 https://www.irs.gov/help/tax-law-questions https://www.acquisition.gov/far/part-52#FAR_52_107 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars https://www.acquisition.gov/daffars

(End of provision)

52.252-2 Clauses Incorporated by Reference.

As prescribed in , insert the following clause: (b)52.107

Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause be accessed electronically at this/these address(es): may https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars https://www.acquisition.gov/daffars

(End of clause)

52.252-3 Alterations in Solicitation.

As prescribed in , insert the following provision in in order to revise or supplement, as necessary, other parts of the that apply to the (c)52.107 solicitations solicitation phase only, except for any provision authorized for use with a deviation. Include clear identification of what is being- altered. solicitation

Alterations in Solicitation (Apr 1984)

Portions of this are altered as follows: solicitation

(End of clause)

52.252-4 Alterations in Contract.

As prescribed in , insert the following clause in and contracts in order to revise or supplement, as necessary, other parts of the contract, or (d)52.107 solicitations parts of the that apply after contract award, except for any clause authorized for use with a deviation. Include clear identification of what is being altered. solicitation

Alterations in Contract (Apr 1984)

Portions of this contract are altered as follows:

(End of clause)

52.252-5 Authorized Deviations in Provisions.

As prescribed in , insert the following provision in that include any FAR or supplemental provision with an authorized deviation. Whenever any (e)52.107 solicitations FAR or supplemental provision is used with an authorized deviation, the identify it by the same number, title, and date assigned to the contracting officer shall provision when it is used without deviation, include regulation name for any supplemental provision, except that the insert "(DEVIATION)" contracting officer shall after the date of the provision.

Authorized Deviations in Provisions (Nov 2020)

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

(b) The use in this of any provision with an authorized deviation is indicated by the addition of solicitation DoD FAR Supplement (48 CFR Chapter 2) "(DEVIATION)" after the name of the regulation.

(End of provision)

52.252-6 Authorized Deviations in Clauses.

As prescribed in , insert the following clause in and contracts that include any FAR or supplemental clause with an authorized deviation. (f)52.107 solicitations Whenever any FAR or supplemental clause is used with an authorized deviation, the identify it by the same number, title, and date assigned contracting officer shall to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the insert "(DEVIATION)" contracting officer shall after the date of the clause.

Authorized Deviations in Clauses (Nov 2020)

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

(b) The use in this or contract of any clause with an authorized deviation is indicated by solicitation DoD FAR Supplement (48 CFR Chapter 2) the addition of "(DEVIATION)" after the name of the regulation.

FA462625R00020001

https://www.acquisition.gov/far/part-52#FAR_52_107 https://www.acquisition.gov/far/part-52#FAR_52_107 https://www.acquisition.gov/far/part-52#FAR_52_107

(End of clause)

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.202-1 Definitions. Jun 2020 52.203-3 Gratuities. Apr 1984 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. May 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.

Dec 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

Nov 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.211-13 Time Extensions. Sep 2000 52.215-2 Audit and Records-Negotiation. Jun 2020 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.219-8 Utilization of Small Business Concerns. Feb 2024 52.219-33 Nonmanufacturer Rule. Sep 2021 52.222-3 Convict Labor. Jun 2003 52.222-4 Contract Work Hours and Safety Standards -Overtime Compensation. May 2018 52.222-6 Construction Wage Rate Requirements. Aug 2018 52.222-7 Withholding of Funds. May 2014 52.222-8 Payrolls and Basic Records. Jul 2021 52.222-9 Apprentices and Trainees. (DEVIATION 2025-O0003) Jul 2005 Deviation 2025-O0003 Mar 2025 52.222-10 Compliance with Copeland Act Requirements. Feb 1988 52.222-11 Subcontracts (Labor Standards). May 2014 52.222-12 Contract Termination-Debarment. May 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. May 2014 52.222-14 Disputes Concerning Labor Standards. Feb 1988 52.222-15 Certification of Eligibility. May 2014 52.222-34 Project Labor Agreement. Jan 2024 52.222-35 Equal Opportunity for Veterans. Jun 2020 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-37 Employment Reports on Veterans. Jun 2020 52.222-50 Combating Trafficking in Persons. Nov 2021 52.222-54 Employment Eligibility Verification. May 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. Jan 2022 52.222-62 Paid Sick Leave Under Executive Order 13706. Jan 2022 52.223-5 Pollution Prevention and Right-to-Know Information. May 2024 52.223-10 Waste Reduction Program. (DEVIATION 2025-O0004) May 2024 Deviation 2025-O0004 Mar 2025 52.223-20 Aerosols. May 2024 52.223-21 Foams. May 2024 52.223-23 Sustainable Products and Services. (DEVIATION 2025-O0004) May 2024 Deviation 2025-O0004 Mar 2025 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.226-7 Drug-Free Workplace. May 2024 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.227-1 Authorization and Consent. Jun 2020 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. Jun 2020 52.227-4 Patent Indemnity-Construction Contracts. Dec 2007 52.228-2 Additional Bond Security. Oct 1997 52.228-12 Prospective Subcontractor Requests for Bonds. Dec 2022 52.228-14 Irrevocable Letter of Credit. Nov 2014 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.229-12 Tax on Certain Foreign Procurements. Feb 2021 52.232-17 Interest. May 2014 52.232-23 Assignment of Claims. May 2014 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-1 Disputes. May 2014 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004

52.236-2 Differing Site Conditions. Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work. Apr 1984 52.236-5 Material and Workmanship. Apr 1984 52.236-6 Superintendence by the Contractor. Apr 1984 52.236-7 Permits and Responsibilities. Nov 1991 52.236-8 Other Contracts. Apr 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. Apr 1984 52.236-10 Operations and Storage Areas. Apr 1984 52.236-11 Use and Possession Prior to Completion. Apr 1984 52.236-12 Cleaning Up. Apr 1984 52.236-13 Accident Prevention. Nov 1991 52.236-14 Availability and Use of Utility Services. Apr 1984 52.236-15 Schedules for Construction Contracts. Apr 1984 52.236-17 Layout of Work. Apr 1984 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984 52.242-13 Bankruptcy. Jul 1995 52.242-14 Suspension of Work. Apr 1984 52.243-4 Changes. Jun 2007 52.244-6 Subcontracts for Commercial Products and Commercial Services. Nov 2024 52.249-2 Termination for Convenience of the Government (Fixed-Price). Apr 2012 52.249-2 Termination for Convenience of the Government (Fixed-Price). (Alternate I) Apr 2012 Alternate I Sep 1996 52.253-1 Computer Generated Forms. Jan 1991

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies. Jan 2023 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.205-7000 Provision of Information to Cooperative Agreement Holders. Oct 2024

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

May 2019

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

Jan 2023

252.226-7003 Drug-Free Work Force. Aug 2024 252.232-7004 DoD Progress Payment Rates (DEVIATION 2020-O0010) Oct 2014 Deviation 2020-O0010 Mar 2020 252.232-7010 Levies on Contract Payments. Dec 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. Oct 2010 252.247-7023 Transportation of Supplies by Sea. Oct 2024

FAR Clauses Incorporated by Full Text

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

As prescribed in , insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be 11.404(b) changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.

Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within after the date the Contractor receives the notice to proceed, 10 calendar days

(b) prosecute the work diligently, and (c) complete the entire work ready for use not later than The time 180 calendar days after receipt of notice to proceed.

stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 Liquidated Damages-Construction. (Sep 2000)

As prescribed in , insert the following clause in solicitations and contracts:11.503(b)

Liquidated Damages-Construction (Sept 2000)

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 (a) amount of for each calendar day of delay until the work is completed or accepted.$1,031.77

If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated (b) damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (Dec 2010)

As prescribed in 22.1605 , insert the following clause:

Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR471.2 (d) and (f).

(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any website that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's website that contains the full text of the poster. The link to the Department's website, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers."

(b) This required employee notice, printed by the Department of Labor, may be-

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Provided by the Federal contracting agency if requested;

(3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or

(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.

(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.

(d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.

(f) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.

(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

(End of clause)

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

As prescribed in 25.1102(a), insert the following clause:

Buy American-Construction Materials (Oct 2022)

(a) Definitions. As used in this clause-

Commercially available off-the-shelf (COTS) item-

(1) Means any item of supply (including construction material) that is-

(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (FAR) 2.101);

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

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace;

and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means-

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at

FAR 25.105.

Domestic construction material means-

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

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

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

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029.

Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

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

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

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

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

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components.

The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

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

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

(b) Domestic preference.

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

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

____________[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…