FIRM FIXED PRICE CLAUSES AND PROVISIONS.pdf

TERMS AND CONDITIONS FIRM FIXED PRICE CONSTRUCTION SERVICES

(CLAUSES AND PROVISIONS)

FEDERAL ACQUISITION REGULATION (FAR) AND

HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSES IN

ACCORDANCE WITH FEDERAL ACQUISITION CIRCULAR 2026-01 EFFECTIVE

DATE: AUGUST 2026

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

FAR CLAUSES

The following FAR clauses are hereby incorporated by reference:

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions

52.204-9 Personal Identity Verification of Contractor Personnel 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.204-19 Incorporation by Reference of Representations and Certifications

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment

52.204-26 Covered Telecommunications Equipment or Services-Representation

52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and

Disclosures.

52.212-1 Instructions to Offerors- Commercial Products and Commercial Services

52.212-4 Terms and Conditions-Commercial Products and Commercial Services

52.222-3 Convict Labor

52.222-5 Construction Wage Rate Requirements- Secondary Site of the Work

52.222-6 Construction Wage Rate Requirements

52.222-7 Withholding of Funds

52.222-8 Payrolls and Basic Records

52.222-9 Apprentices and Trainees

52.222-10 Compliance with Copeland Act Requirements

52.222-11 Subcontracts

52.222-12 Contract Termination-Debarment

52.222-13 Compliance with Construction Wage Rate Requirements and Required Regulations.

52.222-14 Disputes Concerning Labor Standards

52.222-15 Certification of Eligibility.

52.222-35 Equal Opportunity for Veterans

52.222-36 Equal Opportunity for Workers with Disabilities

52.222-50 Combating Trafficking in Persons. (Oct 2025)

52.222-54 Employment Eligibility Verification

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026

52.222-62 Paid Sick Leave Under Executive Order 13706

52.222-90 Addressing DEI Discrimination by Federal Contractors

52.223-3 Hazardous Material Identification and Safety Data I

52.223-3 Alternate I

52.223-5 Pollution Prevention and Right-to Know Information (May 2024)

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024)

52.232-33 Payment by Electronic Funds Transfer- System for Award Management (Oct 2018)

52.232-1 Payments

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.236-5 Materials and Workmanship

52.236-7 Permits and Responsibilities

52.236-10 Operations and Storage Areas

52.236-13 Accident Prevention

52.236-14 Availability and Use of Utility Services

52.236-12 Cleaning Up

52.240-90 Security Prohibitions and Exclusions Representations and Certifications

(DEVIATION Nov 2025) 52.247-34 F.o.b. Destination (Nov 1991)

52.204-13 System for Award Management—Maintenance.

SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE (DEVIATION DATE)

(a) Definitions. As used in this clause—

Commercial and Government Entity code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the

Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location (referred to as “CAGE code”); or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency to entities located outside the United States and its outlying areas that the DLA CAGE Branch records and maintains in the CAGE master file

(referred to as “NCAGE code”).

Unique Entity Identifier (UEI) means an identifier used to identify a specific commercial, nonprofit, or Government entity.

(b) Active registration.

(1) The Contractor shall maintain an active Federal Government contracts registration in the

System for Award Management (SAM) at https://www.sam.gov during contract performance and through final payment under this contract. To maintain an active registration in SAM, the

Contractor shall review at least annually its registration in SAM and validate that the information is current, accurate, and complete.

(2) The Contractor is responsible for the currency, accuracy, and completeness of the information provided within SAM, and for any liability resulting from the Government’s reliance https://www.sam.gov/ on inaccurate or incomplete information. Updating SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c) Novation and change-of-name agreements.

(1) If the Contractor has legally changed its business name or “doing business as” name

(whichever is shown on the contract), or has transferred the assets used to perform the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in part 42 of the Federal Acquisition Regulation (FAR), the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to —

(i) Change the legal business name in SAM;

(ii) Comply with the requirements of FAR part 42; and

(iii) Agree in writing to the timeline and procedures specified by the responsible Contracting

Officer. The Contractor shall provide with its written notification sufficient documentation to support the legally changed name.

(2) If the Contractor fails to comply with the requirements of paragraph (c)(1) of this clause, or fails to perform the agreement at paragraph (c)(1)(iii) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the

Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(d) Assignees.

(1) The Contractor shall not change the legal business name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR part 32). Assignees shall be separately registered in SAM.

(2) Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(e) Unique entity identifier (UEI). The Contractor shall ensure that its UEI is maintained throughout the life of the contract.

(f) Commercial and Government Entity (CAGE) code. The Contractor shall ensure that the

CAGE code is maintained throughout the life of the contract. To update a CAGE code, the

Contractor shall initiate the change by updating its SAM registration.

(g) Communicating changes. The Contractor shall communicate any change to its UEI or CAGE code to the Contracting Officer within 30 days after the change, so a modification can be issued to update the UEI or CAGE code on this contract. A change in the UEI does not necessarily require a novation.

(End of clause)

52.212-2 Evaluation—Commercial Products and Commercial Services (Deviation Date)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. An award will be made to the responsible offeror submitting the lowest-priced technically acceptable. The following factors will be used to evaluate offers:

Technical Capability: The offeror’s proposal will be evaluated to determine if it meets the technical specifications and performance requirements outlined in the PWS. Technical capability will be evaluated on an Acceptable / Unacceptable basis. Technical proposals that exceed the 2-page limit or simply "parrot" the SOW language without detailed methodologies will be deemed

Unacceptable.

Past Performance: The Government will evaluate the offeror’s recent references and past performance to assess the risk of contract execution. The Government may utilize CPARS, market research, and references provided by the offeror.

Pricing: Price will be evaluated to ensure it is fair and reasonable.

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far/

52.252-6 Authorized Deviations in Clauses (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR

Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of Homeland Security Regulation

48 CFR 3001.404 clause with an authorized deviation is indicated by the addition of

"(DEVIATION)" after the name of the regulation.

(End of Clause)

FAR PROVISIONS

The following FAR Provisions are hereby incorporated by reference:

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements-Representation (Sep 2024)

52.204-7 System for Award Management (Nov 2024)

52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

(End of Provision) http://www.acquisition.gov/far/

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://www.acquisition.gov/far/

(End of provision)

HSAR CLAUSES

The following HSAR clauses are hereby incorporated by reference:

3052.204-71 Contractor Employee Access (JUL 2023)

3052.204-71 Contractor Employee Access Alternate II (JUL 2023)

3052.204-72 Safeguarding of controlled unclassified information (DEVIATION)

3052.223-90 Accident and fire reporting (USCG)

3052.228-70 Insurance (DEC 2003)

(End of clause) http://www.acquisition.gov/far/