Atch 14-Solicitation Amendment FA480325B00010002 SF 30.pdf

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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

SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

The purpose of this amendment is to: Block 14 (Description of Amendment/Modification):

1. Extend solicitation due date from Monday, 7 April 2025 / 2:00 P.M. EST to Monday, 14 April 2025 / 2:00 P.M. EST.

2. Remove the following five (5) clauses/provisions from the solicitation in accordance with Class Deviation 20205-O0003, Restoring Merit Based Opportunity in Federal Contracts.

a). 52.222-21, Prohibition of Segregated Facilities b). 52.222-22, Previous Contracts and Compliance Reports c). 52.222-23, Notice of Requirement for Affirmative Action To Ensure Equal Employment Opportunity for Construction d). 52.222-26, Equal Opportunity e). 52.222-27, Affirmative Action Compliance Requirements for Construction f). 252.232-7006 Wide Area Work Flow Payment Instructions.

3. Incorporate clauses 52.228-1, Bid Guarantee and 52.228-17, Individual Surety-Pledge of Assets (Bid Guarantee).

4. Remove Atch-10 VLSB 24-0019 Fam Camp Questions-Answers and replaced with Atch-10-VLSB 24-0019 Updated Fam Camp Questions-Answers.

***All other Terms and Conditions Remain Unchanged.***

Section A - Solicitation/Contract Form

The following modifications were made:

INFORMATION FROM TO

Reference Description North American Industry Classification System (NAICS) North American Industry Classification System

(NAICS)

237990

Contract Description

***THIS IS A NON-APPROPRIATED FUND

INSTRUMENTALITY (NAFI) REQUIREMENT***

The purpose of this project is to add 14 each recreational vehicle parking spaces to the Shaw Air Force Base Family Camp Site. The Contractor shall add an asphalt drive, electrical systems, concrete RV pads, water, sewer, and other various task as described in the Statement of Work.

Section K, L and M will be removed upon award and will not be part of the resultant contract.

IAW NFC 36.204 (d) the Construction Magnitude for this project is between $250,000 and $500,000.

The Site Visit was posted on the Presolicitation Notice for this requirement and was conducted on Friday, 7 February

2025, 10:00 EST.

***Per solicitation page one (1), block 13, solicitation offers are due Monday, 07 April 2025, 2:00 PM local (EST) time***

***Solicitation offer packages will be opened on Wednesday, 09 April 2025, 10:00 AM local (EST) time unless otherwise rescheduled and announced.***

***THIS IS A NON-APPROPRIATED FUND

INSTRUMENTALITY (NAFI) REQUIREMENT***

The purpose of this project is to add 14 each recreational vehicle parking spaces to the Shaw Air Force Base Family Camp Site. The Contractor shall add an asphalt drive, electrical systems, concrete RV pads, water, sewer, and other various task as described in the Statement of Work.

Section K, L and M will be removed upon award and will not be part of the resultant contract.

IAW NFC 36.204 (d) the Construction Magnitude for this project is between $250,000 and $500,000.

The Site Visit was posted on the Presolicitation Notice for this requirement and was conducted on Friday, 7 February

2025, 10:00 EST.

***Per solicitation page one (1), block 13, solicitation offers are due Monday, 14 April 2025, 2:00 PM local (EST) time***

***Solicitation offer packages will be opened on Wednesday, 16 April 2025, 10:00 AM local (EST) time unless otherwise rescheduled and announced.***

Response Due Date 07 Apr 2025 14 Apr 2025

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

52.222-6 Construction Wage Rate Requirements. Jul 2018 52.228-11 Individual Surety-Pledge of Assets. Jan 2021 52.228-12 Prospective Subcontractor Requests for Bonds. Nov 2022 52.233-3 Protest after Award. Jul 1996 52.236-2 Differing Site Conditions. Mar 1984 52.236-3 Site Investigation and Conditions Affecting the Work. Mar 1984 52.236-5 Material and Workmanship. Mar 1984 52.236-8 Other Contracts. Mar 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. Mar 1984 52.236-10 Operations and Storage Areas. Mar 1984 52.236-12 Cleaning Up. Mar 1984 52.236-13 Accident Prevention. Oct 1991 52.236-15 Schedules for Construction Contracts. Mar 1984 52.236-21 Specifications and Drawings for Construction. Jan 1997 52.242-13 Bankruptcy. Jun 1995

FA480325B00010002

52.242-14 Suspension of Work. Mar 1984 52.243-4 Changes. May 2007

FAR Clauses Incorporated by Full Text 52.232-5 Payments under Fixed-Price Construction Contracts. (Apr 2014)

As prescribed in , insert the following clause:32.111(a)(5)

PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

. The Government shall pay the Contractor the contract price as provided in this contract.(a) Payment of price

. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the (b) Progress payments Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

The Contractor's request for progress payments shall include the following substantiation:(1)

An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.(i)

A listing of the amount included for work performed by each subcontractor under the contract.(ii)

A listing of the total amount of each subcontract under the contract.(iii)

A listing of the amounts previously paid to each such subcontractor under the contract.(iv)

Additional supporting data in a form and detail required by the Contracting Officer.(v)

In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. (2) Material delivered to the Contractor at locations other than the site also may be taken into consideration if-

Consideration is specifically authorized by this contract; and(i)

The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.(ii)

. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (c) Contractor certification (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that-

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

____ ( )Name

____ ( )Title

____ ( )Date

. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request (d) Refund of unearned amounts constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the "unearned amount"), the Contractor shall-

Notify the Contracting Officer of such performance deficiency; and(1)

Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest (2) on the unearned amount from the 8 thday after the date of receipt of the unearned amount until-

The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or(i)

The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.(ii)

. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the (e) Retainage Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

. All material and work covered by progress payments made shall, at the time of payment, become the sole property of (f) Title, liability, and reservation of rights the Government, but this shall not be construed as-

Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; (1) or

Waiving the right of the Government to require the fulfillment of all of the terms of the contract.(2)

. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of (g) Reimbursement for bond premiums premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

. The Government shall pay the amount due the Contractor under this contract after-(h) Final payment

Completion and acceptance of all work;(1)

Presentation of a properly executed voucher; and(2)

Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has (3) specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of1940 (31 U.S.C.3727 and 41 U.S.C.6305).

. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work (i) Limitation because of undefinitized work accomplished on undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in FAR subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

. In accordance with 31 U.S.C.3903(c)(1), the amount payable under paragraph (d)(2) of this clause shall be-(j) Interest computation on unearned amounts

Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned at the most recent auction of such bills prior to the date the (1) Contractor receives the unearned amount; and

Deducted from the next available payment to the Contractor.(2)

(End of clause)

52.236-26 Preconstruction Conference. (Jan 1995)

As prescribed in , insert the following clause:36.522

PRECONSTRUCTION CONFERENCE (FEB 1995)

If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer’s notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

(End of clause)

The following Clauses modifications were made:

52.204-1 Approval of Contract. Nov 1989 hereby reads as follows:

As prescribed in , insert the following clause:4.103

Approval of Contract (Dec 1989)

This contract is subject to the written approval of 20th Contracting Squadron and shall not be binding until so approved.

(End of clause)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded Dec Date Changed From: Oct 2021 To: Dec 2024

52.211-12 Liquidated Damages-Construction. Aug 2000 hereby reads as follows:

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 $410.32 for each calendar day of delay until the work is completed or accepted.

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)

52.219-8 Utilization of Small Business Concerns. Dec 2024 Date Changed From: Jan 2024 To: Dec 2024

52.219-14 Limitations on Subcontracting. Sep 2022 hereby reads as follows:

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 e.g.

small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) 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 Limitations on subcontracting.

North American Industry Classification System (NAICS) code for-

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause-

[ ] Contracting Officer check as appropriate.

By the end of the base term of the contract and then by the end of each subsequent option period; or

By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

52.222-54 Employment Eligibility Verification. Dec 2024 Date Changed From: Apr 2022 To: Dec 2024

52.225-9 Buy American-Construction Materials. Sep 2022 hereby reads as follows:

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 of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) . To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and Data any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of Measur e

Qu ant ity

Price ( dollars)

Item1:

Foreign construction material ____

Domestic construction material ____

Item2:

Foreign construction material ____

Domestic construction material ____

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

[List name, address, telephone number, and contact for suppliers surveyed.

]Attach copy of response; if oral, attach summary.

[ ]Include other applicable supporting information.

(End of clause)

52.232-16 Progress Payments. Oct 2021 hereby reads as follows:

As prescribed in , insert the following clause:32.502-4(a)

Progress Payments (Nov 2021)

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:

Computation of amounts.(a)

Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 80 percent of the Contractor's total costs incurred (1) under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under Federal Acquisition Regulation (FAR)31.205-10 as an incurred cost for progress payment purposes.

The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that have been paid by (2) cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors-

In accordance with the terms and conditions of a subcontract or invoice; and(i)

Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.(ii)

The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless-(3)

The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and(i)

The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be (ii) excluded from the Contractor's total costs for progress payments until paid).

The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause:(4)

Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.(i)

Costs incurred by subcontractors or suppliers.(ii)

Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of such costs.(iii)

Payments made or amounts payable to subcontractors or suppliers, except for-(iv)

Completed work, including partial deliveries, to which the Contractor has acquired title; and(A)

Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.(B)

The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including allowable unliquidated (5) progress payments to subcontractors) nor (ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the Government are incomplete.

The total amount of progress payments shall not exceed 80 percent of the total contract price.(6)

If a progress payment or the unliquidated progress payments exceed the amounts permitted by paragraphs (a)(4) or (a)(5) of this clause, the Contractor shall (7) repay the amount of such excess to the Government on demand.

Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The Contracting (8) Officer may make exceptions.

The costs applicable to items delivered, invoiced, and accepted shall not include costs in excess of the contract price of the items.(9)

. Except as provided in the Termination for Convenience of the Government clause, all progress payments shall be liquidated by deducting from any (b) Liquidation payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 80 percent of the amount invoiced, whichever is less. The Contractor shall repay to the Government any amounts required by a retroactive price reduction, after computing liquidations and payments on past invoices at the reduced prices and adjusting the unliquidated progress payments accordingly. The Government reserves the right to unilaterally change from the ordinary liquidation rate to an alternate rate when deemed appropriate for proper contract financing.

. The Contracting Officer may reduce or suspend progress payments, increase the rate of liquidation, or take a combination of these (c) Reduction or suspension actions, after finding on substantial evidence any of the following conditions:

The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (f) and (g) of this clause).(1)

Performance of this contract is endangered by the Contractor's-(2)

Failure to make progress; or(i)

Unsatisfactory financial condition.(ii)

Inventory allocated to this contract substantially exceeds reasonable requirements.(3)

The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of business.(4)

The fair value of the undelivered work is less than the amount of unliquidated progress payments for that work.(5)

The Contractor is realizing less profit than that reflected in the establishment of any alternate liquidation rate in paragraph (b) of this clause, and that rate is less (6) than the progress payment rate stated in paragraph (a)(1) of this clause.

Title.(d)

Title to the property described in this paragraph (d) shall vest in the Government. Vestiture shall be immediately upon the date of this contract, for property (1) acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

"Property," as used in this clause, includes all of the below-described items acquired or produced by the Contractor that are or should be allocable or properly (2) chargeable to this contract under sound and generally accepted accounting principles and practices.

Parts, materials, inventories, and work in process;(i)

Special tooling and special test equipment to which the Government is to acquire title;(ii)

Nondurable ( noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, and other similar manufacturing aids, title to which would (iii) i.e., not be obtained as special tooling under paragraph (d)(2)(ii) of this clause; and

Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.(iv)

Although title to property is in the Government under this clause, other applicable clauses of this contract; the termination clauses, shall determine the (3) e.g., handling and disposition of the property.

The Contractor may sell any scrap resulting from production under this contract without requesting the Contracting Officer's approval, but the proceeds shall be (4) credited against the costs of performance.

To acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor must obtain the Contracting (5) Officer's advance approval of the action and the terms. The Contractor shall (i) exclude the allocable costs of the property from the costs of contract performance, and (ii) repay to the Government any amount of unliquidated progress payments allocable to the property. Repayment may be by cash or credit memorandum.

When the Contractor completes all of the obligations under this contract, including liquidation of all progress payments, title shall vest in the Contractor for all (6) property (or the proceeds thereof) not-

Delivered to, and accepted by, the Government under this contract; or(i)

Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.(ii)

The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under (7) this clause.

. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the (e) Risk of loss Government under this clause, except to the extent the Government expressly assumes the risk. The Contractor shall repay the Government an amount equal to the unliquidated progress payments that are based on costs allocable to property that is lost (see 45.101).

. The Contractor shall maintain an accounting system and controls adequate for the proper administration of this clause.(f) Control of costs and property

Reports, forms, and access to records.(g)

The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information (including estimates to complete) reasonably (1) requested by the Contracting Officer for the administration of this clause. Also, the Contractor shall give the Government reasonable opportunity to examine and verify the Contractor's books, records, and accounts.

The Contractor shall furnish estimates to complete that have been developed or updated within six months of the date of the progress payment request. The (2) estimates to complete shall represent the Contractor's best estimate of total costs to complete all remaining contract work required under the contract. The estimates shall include sufficient detail to permit Government verification.

Each Contractor request for progress payment shall:(3)

Be submitted on Standard Form 1443, Contractor's Request for Progress Payment, or the electronic equivalent as required by agency regulations, in accordance (i) with the form instructions and the contract terms; and

Include any additional supporting documentation requested by the Contracting Officer.(ii)

. If this contract is terminated under the Default clause, (i) the Contractor shall, on demand, repay to the Government the amount (h) Special terms regarding default of unliquidated progress payments and (ii) title shall vest in the Contractor, on full liquidation of progress payments, for all property for which the Government elects not to require delivery under the Default clause. The Government shall be liable for no payment except as provided by the Default clause.

Reservations of rights.(i)

No payment or vesting of title under this clause shall-(1)

Excuse the Contractor from performance of obligations under this contract; or(i)

Constitute a waiver of any of the rights or remedies of the parties under the contract.(ii)

The Government's rights and remedies under this clause-(2)

Shall not be exclusive but rather shall be in addition to any other rights and remedies provided by law or this contract; and(i)

Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or (ii) impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

The financing payments to subcontractors mentioned in paragraphs (a)(1) and (a)(2) of this clause shall be all financing (j) Financing payments to subcontractors.

payments to subcontractors or divisions, if the following conditions are met:

The amounts included are limited to-(1)

The unliquidated remainder of financing payments made; plus(i)

Any unpaid subcontractor requests for financing payments.(ii)

The subcontract or interdivisional order is expected to involve a minimum of approximately 6 months between the beginning of work and the first delivery; or, if (2) the subcontractor is a small business concern, 4 months.

If the financing payments are in the form of progress payments, the terms of the subcontract or interdivisional order concerning progress payments-(3)

Are substantially similar to the terms of this clause for any subcontractor that is a large business concern, or this clause with its Alternate I for any subcontractor (i) that is a small business concern;

Are at least as favorable to the Government as the terms of this clause;(ii)

Are not more favorable to the subcontractor or division than the terms of this clause are to the Contractor;(iii)

Are in conformance with the requirements of FAR 32.504(e); and(iv)

Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of (v) the property to the Government if-

The Contractor defaults; or(A)

The subcontractor becomes bankrupt or insolvent.(B)

If the financing payments are in the form of performance-based payments, the terms of the subcontract or interdivisional order concerning payments-(4)

Are substantially similar to the Performance-Based Payments clause at FAR 52.232-32 and meet the criteria for, and definition of, performance-based payments (i) in FAR part 32;

Are in conformance with the requirements of FAR 32.504(f); and(ii)

Subordinate all subcontractor rights concerning property to which the Government has title under the subcon-(iii) tract to the Government's right to require delivery of the property to the Government if-

The Contractor defaults; or(A)

The subcontractor becomes bankrupt or insolvent.(B)

If the financing payments are in the form of commercial product or commercial service financing payments, the terms of the subcontract or interdivisional order (5) concerning payments-

Are constructed in accordance with FAR 32.206(c) and included in a subcontract for a commercial product or commercial service purchase that meets the (i) definition and standards for acquisition of commercial products and commercial services in FAR parts 2 and 12;

Are in conformance with the requirements of FAR 32.504(g); and(ii)

Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of (iii) the property to the Government if-

The Contractor defaults; or(A)

The subcontractor becomes bankrupt or insolvent.(B)

If financing is in the form of progress payments, the progress payment rate in the subcontract is the customary rate used by the contracting agency, depending (6) on whether the subcontractor is or is not a small business concern.

Concerning any proceeds received by the Government for property to which title has vested in the Government under the subcontract terms, the parties agree (7) that the proceeds shall be applied to reducing any unliquidated financing payments by the Government to the Contractor under this contract.

If no unliquidated financing payments to the Contractor remain, but there are unliquidated financing payments that the Contractor has made to any (8) subcontractor, the Contractor shall be subrogated to all the rights the Government obtained through the terms required by this clause to be in any subcontract, as if all such rights had been…