Solicitation Amendment FA466125R00040001 SF 30.pdf
PDF 1 MB Posted
- Attached to
- Demolition B9118
- Solicitation number
- FA466125R0004
About this file
This document is an Amendment to Solicitation FA466125R0004 for the demolition of Building 9118 at Dyess Air Force Base. The solicitation is a total small business set-aside for a construction project with an estimated value between $250,000 and $500,000. Key details include an optional site visit scheduled for April 14, 2025 at 1:30 PM CST, with RSVPs required by April 7, 2025 at 10:00 AM CST. Proposals are due by May 1, 2025 at 9:00 AM CST and must be submitted via email to 2Lt Abigail Noe. The contract will be a firm-fixed-price type, with proposal validity required for 180 calendar days. Questions are due by April 16, 2025 at 9:30 AM CST. The Government notes that funds are not currently available, and the contract award is contingent upon appropriated funds being made accessible.
The amendment adds several standard Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) clauses to the solicitation, including provisions related to performance payments, contract administration, small business representations, and construction-specific requirements. The evaluation will be based on the lowest price technically acceptable approach. Contractors must comply with various requirements including Buy American provisions, wage rate standards, and subcontracting limitations. Base access for the site visit requires advance notification and proper identification, with prime contractors responsible for sponsoring subcontractors who need base access.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| Photos of Building.pdf | ||
| BLDG 9118 Demolition Questions and Answers.pdf | ||
| Wage Determination.pdf | ||
| Progress Schedule Draft.xlsx | XLSX spreadsheet | |
| Drawings.pdf | ||
| Statement of Work Redacted.pdf | ||
| Solicitation - FA466125R0004.pdf | ||
| Provisions 1.pdf |
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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
Created On:
22 Apr 2025, 14:35 PM Central Daylight Time
SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
Section A - Solicitation/Contract Form
The following modifications were made:
INFORMATION FROM TO
Contract Description
Project Description: The Contractor shall furnish all demolition, layout, survey, plant, labor, supervision, quality control, materials, equipment, machines, shoring, tools, fencing and incidentals and performing all operations in connection with the demolition of Building 9118.
Please review all attachments for solicitation submission requirements, clauses are subject to be manually added to the award should one follow. This is a total small business set-aside.
Site Visit: There will be an optional site visit held on 14 April 2025 at 1:30PM CST. All interested vendors who would like to participate in the site visit are required to RSVP to 2nd Lt.
Noe at abigail.noe.1@us.af.mil by 7 April 2025 at 10:00AM
CST.
Questions and Answers: questions are due to 2nd Lt. Noe by 16 April 2025 at 9:30AM CST.
Due Date: Proposals are due 1 May 2025 at 9:00AM CST.
Evaluation of Offers: The evaluation for this acquisition will be solely based on the lowest price found technically acceptable. Please see Sections L and M for further information.
In accordance with FAR 36.204(d) Disclosure of Magnitude of Construction projects: between $250,000.00 and $500,000.00.
Funds are not presently available for this contract. The obligation of the Government under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
Project Description: The Contractor shall furnish all demolition, layout, survey, plant, labor, supervision, quality control, materials, equipment, machines, shoring, tools, fencing and incidentals and performing all operations in connection with the demolition of Building 9118.
Please review all attachments for solicitation submission requirements, clauses are subject to be manually added to the award should one follow. This is a total small business set-aside.
Site Visit: There will be an optional site visit held on 14 April 2025 at 1:30PM CST. All interested vendors who would like to participate in the site visit are required to RSVP to 2nd Lt.
Noe at abigail.noe.1@us.af.mil by 7 April 2025 at 10:00AM
CST.
Questions and Answers: questions are due to 2nd Lt. Noe by 16 April 2025 at 9:30AM CST.
Due Date: Proposals are due 1 May 2025 at 9:00AM CST.
Proposals must be valid for 180 calendar days after proposal due date.
Evaluation of Offers: The evaluation for this acquisition will be solely based on the lowest price found technically acceptable. Please see Sections L and M for further information.
In accordance with FAR 36.204(d) Disclosure of Magnitude of Construction projects: between $250,000.00 and $500,000.00.
Funds are not presently available for this contract. The obligation of the Government under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
Accept Within Days 1 180
Section E - Inspection and Acceptance
The following Clauses were added:
FAR Clauses Incorporated by Reference
Number Title Effective Date Alternate/ Deviation
Variation Effective Date
52.246-12 Inspection of Construction. Aug 1996
Section G - Contract Administration Data
Additional Information/Notes
The following Clauses were added:
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)
FA466125R00040001
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.
None
(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.
2in1
(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 FA4661
Admin DoDAAC FA4661
Inspect By DoDAAC F1R310
Ship To Code F1R310
Ship From Code N/A
Mark For Code N/A
Service Approver (DoDAAC) F1R310
Service Acceptor (DoDAAC) F1R310
Accept at Other DoDAAC N/A
LPO DoDAAC N/A
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
(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.
Christian Barrientos
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Section I - Contract Clauses
Additional Information/Notes
The following Clauses were added:
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
52.204-23 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, Proposed for Debarment, or Voluntarily Excluded
Jan 2025
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 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. Jan 2025 52.219-33 Nonmanufacturer Rule. Sep 2021 52.222-3 Convict Labor. Jun 2003 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. Jul 2005 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 52.222-35 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 52.222-41 Service Contract Labor Standards. Aug 2018 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment. May 2014 52.222-50 Combating Trafficking in Persons. Nov 2021 52.222-54 Employment Eligibility Verification. Jan 2025 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 52.223-21 Foams. May 2024 52.223-23 Sustainable Products and Services. May 2024 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.228-5 Insurance-Work on a Government Installation. Jan 1997 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 52.233-3 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 52.236-15 Schedules for Construction Contracts. Apr 1984 52.236-21 Specifications and Drawings for Construction. Feb 1997 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. Jan 2025 52.249-2 Termination for Convenience of the Government (Fixed-Price). Apr 2012 52.249-4 Termination for Convenience of the Government (Services) (Short Form). Apr 1984 52.249-10 Default (Fixed-Price Construction). Apr 1984
FAR Clauses Incorporated by Full Text 52.204-1 Approval of Contract. (Dec 1989)
As prescribed in , insert the following clause:4.103
Approval of Contract (Dec 1989)
This contract is subject to the written approval of and shall not be binding until so approved.the Contracting Officer
(End of clause)
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 calendar days after the date the Contractor receives the notice 180 (negotiable) to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than .* The time stated for completion shall 180 (negotiatble) include final cleanup of the premises.
* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.
(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.$448.39 for the first day and $322.21
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)
52.219-14 Limitations on Subcontracting. (Oct 2022)
As prescribed in , insert the following clause:19.507(e)
Limitations on Subcontracting (Oct 2022)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) , as used in this clause, means a first-tier subcontractor, including an independent contractor, that-Definition. Similarly situated entity
(1) Has the same small business program status as that which qualified the prime contractor for the award ( , for a small business set-aside contract, any small e.g.
business concern, without regard to its socioeconomic status); and
(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.
(c) This clause applies only to-Applicability.
(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;
(4) Orders expected to exceed the simplified acquisition threshold and that are-
(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or
(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);
(5) Orders, regardless of dollar value, that are-
(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or
(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and
(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.
(d) An independent contractor shall be considered a subcontractor.Independent contractors.
(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North Limitations on subcontracting.
American Industry Classification System (NAICS) code for-
(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;
(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;
(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or
(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.
(f) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause-
By the end of the base term of the contract and then by the end of each subsequent option period; or
By the end of the performance period for each order issued under the contract.
(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.
(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
(1) In a joint venture comprised of a small business protege and its mentor approved by the Small Business Administration, the small business protege shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protege in the joint venture must be more than administrative functions.
(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.
(End of clause)
52.219-28 Postaward Small Business Program Rerepresentation. (Jan 2025)
As prescribed in , insert the following clause:19.309(c)(1)
POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JAN 2025)
(a) . As used in this clause-Definitions
Long-term contract means a contract of more than five years in duration, including . However, the term does not include contracts that exceed five years options in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, to Extend Option Services, or other appropriate authority.
Small business concern-
(1) Means a concern, including its , that is independently owned and operated, not dominant in its field of operation, and qualified as a small business affiliates under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.
(2) , as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third Affiliates party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
(b) If the Contractor represented that it was any of the identified in 19.000(a)(3) prior to award of this contract, the Contractor small business concerns shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:
(1) Within 30 days after execution of a or within 30 days after modification of the contract to include this clause, if the novation agreement novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or that does not require a novation or within 30 days after modification of the contract to include this clause, if the acquisition merger or occurred prior to inclusion of this clause in the contract.acquisition
(3) For -long-term contracts
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any thereafter.option
(c) If the Contractor represented its status as any of the identified at 19.000(a)(3) prior to award of this contract, the Contractor small business concerns shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, for the NAICS code assigned to an order (except that paragraphs (c)(1) through (3) of this clause do not apply to an order issued under a Federal Supply Schedule contract at subpart 8.4)-
(1) Set aside exclusively for a identified at 19.000(a)(3) that is issued under an unrestricted , unless the order is small business concern multiple-award contract issued under the reserved portion of an unrestricted ( e.g., an order set aside for a woman-owned small business under a multiple-award contract multiple-award that is not set-aside, unless the order is issued under the reserved portion of the );contract multiple-award contract
(2) Issued under a set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the multiple-award contract underlying ( e.g., an order set aside for a under a that is set aside for small multiple-award contract HUBZone small business concern multiple-award contract businesses);
(3) Issued under the part of the that is set aside for small businesses that is further set aside for a specific socioeconomic category that multiple-award contract differs from the underlying set-aside part of the ( e.g., an order set aside for a WOSB concern under the part of the multiple-award contract multiple-award contract that is partially set aside for small businesses); and
(4) When the explicitly requires it for an order issued under a , including for an order issued under a Federal Supply Contracting Officer multiple-award contract Schedule contract (see 8.405-5(b) and 19.301-2(b)(2)).
(d) The Contractor rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the shall North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a or service contract, is 500 employees, or 150 employees for value-added resellers under NAICS code 541519, if the -construction information technology acquisition
(1) Was set aside for small business and has a value above the ;simplified acquisition threshold
(2) Used the price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; orHUBZone
(3) Was an 8(a), , service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-HUBZone source award regardless of dollar value.
(f) Except as provided in paragraph (h) of this clause, the Contractor make the representation(s) required by of this clause by shall paragraphs (b) and (c) validating or updating all its representations in the Representations and Certifications section of the ) and its other data in System for Award Management (SAM SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor notify the writing within the timeframes shall contracting officer in specified in paragraph (b) of this clause, or with its for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide offer the date of the validation or update.
(g) If the Contractor represented that it was other than a prior to award of this contract, the Contractor , but is not required to, take small business concern may the actions required by paragraphs (f) or (h) of this clause.
(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the , along with the contract number and the date on contracting office which the rerepresentation was completed:
(1) The Contractor represents that it is, is not a under NAICS Code assigned to contract number.small business concern ____ ____
(2) [ .] The Contractor represents that it is, Complete only if the Contractor represented itself as a in paragraph (h)(1) of this clausesmall business concern is not, a as defined in .small disadvantaged business concern 13 CFR 124.1001
(3) [ ] The Contractor represents that it is, Complete only if the Contractor represented itself as a in paragraph (h)(1) of this clause.small business concern is not a women-owned .small business concern
(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]____
(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]____
(6) [ ] The Contractor represents that it is, Complete only if the Contractor represented itself as a in paragraph (h)(1) of this clause.small business concern is not a veteran-owned .small business concern
(7) [ ] The Contractor represents Complete only if the Contractor represented itself as a veteran-owned in paragraph (h)(6) of this clause.small business concern that it is, is not a service-disabled veteran-owned .small business concern
(8) . The Contractor represents that it is, is Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]____
(9) [ ] The Contractor represents that-Complete only if the Contractor represented itself as a in paragraph (h)(1) of this clause.small business concern
(i) It is, is not a listed, on the date of this representation, on the List of Qualified HUBZone small business concern HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or employee percentage have HUBZone occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this HUBZone clause is accurate for each participating in the joint venture. [The Contractor shall enter the names of each of the HUBZone small business concern HUBZone HUBZone small business concerns participating in the HUBZone joint venture: .] Each participating in the joint ____ HUBZone small business concern HUBZone venture submit a separate signed copy of the representation.shall HUBZone
[ Contractor to sign and date and insert authorized signer's name and title.] ____
(End of clause)
52.219-28 Postaward Small Business Program Rerepresentation. (Alternate I) (Jan 2025) Alternate I (Mar 2020)
Alternate I . As prescribed in (c)(2), substitute the following paragraph (h)(1) for paragraph (h)(1) of the basic clause:(MAR 2020) 19.309
(h)(1) The Contractor represents its small business size status for each one of the NAICS codes assigned to this contract.
NAICS Code Small business concern (yes/no)
[ ]Contracting Officer to insert NAICS codes.
52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (Dec 2010)
As prescribed in , insert the following clause:22.1605
NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)
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 (a) 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).
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 (1) readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.
If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying (2) 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."
This required employee notice, printed by the Department of Labor, may be-(b)
Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, (1) 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;
Provided by the Federal contracting agency if requested;(2)
Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or(3)
Reproduced and used as exact duplicate copies of the Department of Labor's official poster.(4)
The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, .(c) 29 CFR Part 471
The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.(d)
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 (e) or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with and subpart 9.4. Such other sanctions or 29 CFR 471.14 remedies may be imposed as are provided by , which implements Executive Order 13496 or as otherwise provided by law.29 CFR part 471
Subcontracts. (f) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be (1) 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.
The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.(2)
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 (3) provisions, including the imposition of sanctions for noncompliance.
However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the (4) 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 , insert the following clause:25.1102(a)
Buy American-Construction Materials (Oct 2022)
(a) . As used in this clause-Definitions
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:
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) of this clause.(1)
(3) The procedures in paragraph (b)(3)(i)(A) of this clause will no longer apply as of January 1, 2030.(2)
(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) of this clause.(1)
(3) The procedures in paragraph (b)(3)(i)(B) of this clause will no longer apply as of January 1, 2030.(2)
(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest;
or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American statute.
(1)
(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use…
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