Amendment 0005 P1678 NATO.pdf
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- Solicitation number
- N4008525R2638
About this file
This is Amendment 0005 to a Design-Build Request for Proposal (RFP) for the NATO Joint Force Command Norfolk (JFCN) Phase II Interim Modular Facility at Naval Station Norfolk, Virginia. The amendment extends the response due date from 03 March 2026 to 07 July 2026 at 2:00 P.M. EDT and updates the solicitation with revised evaluation factors, contract line item numbers, and supporting documentation.
The base contract is a Firm Fixed Price Design-Build construction project with a NAICS code of 236220 and a small business size standard of $45,000,000. Offerors must demonstrate relevant construction experience including general construction projects exceeding $50,000,000, permanent modular construction (PMC) projects exceeding $15,000,000, and design experience on projects exceeding $50,000,000, all completed within specified timeframes. Factor 2 (Experience) requires submission of two to five relevant projects for three subfactors: General Construction Experience, PMC Experience, and Design Experience, with mandatory use of the Construction & Design Experience Project Data Sheet (Attachment C). Factor 5 (Technical Solutions) requires an eight-page narrative work plan with up to four supplementary drawings, plus a Microsoft Project construction schedule demonstrating completion within 712 calendar days from award. Two new line items were added: Option Line Item 0010 for facility expansion supporting approximately 148 additional personnel and Option Line Item 0011 for parking garage expansion accommodating approximately 354 parking spaces. A mandatory site visit is scheduled for 10 June 2026 at 0930 ET at NSA Norfolk. All personnel requiring base access must submit SECNAV Form 5512 and ODP_ML forms at least fourteen days prior to the site visit. The prevailing wage determination for Norfolk County, Virginia (VA20260160 05/18/2026) applies to all construction workers. The amendment includes updated representations and certifications, compliance requirements for small business programs, and various FAR clause modifications dated February 2026. Contract performance must commence within fifteen calendar days of notice to proceed and be completed within 712 calendar days including bond approval and final cleanup.
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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
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
Block 14 (Description of Amendment/Modification): SOLICITATION NO: N4008525R2638, DESIGN-BUILD P1678 NATO JFCNF PHASE II
INTERIM MODULAR FACILITY, NSA NORFOLK, VA
SEE SF 30 BLOCK 14 CONTINUATION PAGE.
ALL CORRESPONDENCE REGARDING THIS SOLICITATION SHALL BE DIRECTED VIA EMAIL TO KRISTY GERREK AT KRISTY.L.
GERREK.CIV@US.NAVY.MIL.
This amendment is issued to incorporate the following:
1. Initiate discussions regarding required revisions to your Phase I Non-Price proposal. Revised Proposals for Phase I are due on 05 JUNE 2026 NLT
2:00 P.M. EDT.
2. Offerors selected to participate in Phase II of this solicitation are invited to submit their Non-Price and Price Proposals. All submissions for Phase II are due on 07 JULY 2026 NLT 2:00 P.M. EDT.
3. Provide updated Evaluation Factors for Award: Factor 2 - Experience and Factor 5 - Technical Solutions (Enclosed)
4. Update Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN Schedule) (Enclosed)
5. Update Commencement, Prosecution, and Completion of Work (Enclosed)
6. Provide Site Visit information (Enclosed)
7. Provide Wage Determination (VA20260160 05/18/2026) (Enclosed)
8. Provide continuation sheet for drawings and specifications (Enclosed)
9. Provide Attachment E- Historical Small Business Utilization (attached separately)
10. Provide Attachment F - Small Business Participation Commitment Document (SBPCD) (attached separately)
11. Provide Attachment G - Small Business Subcontracting Plan (SBSP) (attached separately)
12. Provide Attachment I - P1678 NATO Price Proposal Form (attached separately)
13. Provide Site Visit Attachments (attached separately)
14. Provide Attachment M - JFCN IMF DB RFP - Amended (attached separately)
15. Provide Justification & Approval (J&A) (attached separately)
16. Update Clauses and Provisions (Enclosed)
17. Provide updated PPI Response (Enclosed)
Section 00 00 00 - Procurement and Contracting Requirements
The following changes have been made:
INFORMATION FROM TO
Response Due Time Zone
Eastern Standard Time (UTC -5) Eastern Daylight Time (UTC -4)
Response Due Date 03 Mar 2026 07 Jul 2026
Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule
The following CLIN(s) / SLIN(s) / ELIN(s) were added:
Item Supplies / Services Quantity Unit Unit Price Amount
Option Line Item
Option Item No. 9 - Facility Expansion: Total price for the fabrication of a modular expansion to support approximately 148 personnel in addition to Base Line Item 0001A.
Product Service Code: Y1JZ Centralized Unique Program Identification
(CUPID): 000
Program Code: C20 Pricing Arrangement: Firm Fixed Price
1 Project
Item Supplies / Services Quantity Unit Unit Price Amount Option Item No. 10 - Parking Garage
N4008525R26380005
Option Line Item
Expansion: Total price for parking garage expansion of approximately 354 parking spots in addition to Base Line Item 0001B, but excluding work provided in another line item Product Service Code: Y1JZ Centralized Unique Program Identification
(CUPID): 000
Program Code: C20 Pricing Arrangement: Firm Fixed Price
1 Project
The following CLIN(s) / SLIN(s) / ELIN(s) were modified:
Option Line Item 0008
INFORMATION FROM TO
Description Option Item No. 7 - Asbestos Removal: Total Price for line items 0008A-0008C.
Option Item No. 7 - Asbestos Removal: Total Price for line items 0008A-0008C.
Section 00 21 00 - Instructions
The following clauses were modified:
52.215-1Instructions to Offerors-Competitive Acquisition. (Deviation 2026-O0038)Feb 2026
52.233-2Service of Protest. (Deviation 2026-O0038)Feb 2026
Section 00 45 00 - Representations and Certifications
The following clauses were modified:
52.209-2Prohibition on Contracting With Inverted Domestic Corporations-Representation. (Deviation 2026- O0038)Feb 2026 hereby reads as follows:
PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (FEB 2026) (DEVIATION 2026-O0038)
(a) . As used in this clause-Definitions
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395 (b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Subsidiary means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-3(b) applies or the requirement is waived in accordance with the procedures at 9.108-5.
(c) . The Offeror represents that-Representation
(1) It is, is not an inverted domestic corporation; and
(2) It is, is not a subsidiary of an inverted domestic corporation.
(End of provision)
52.209-7Information Regarding Responsibility Matters. (Deviation 2026-O0038)Feb 2026 hereby reads as follows:
INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2026) (DEVIATION 2026-O0038)
(a) . As used in this provision-Definitions
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability ( , e.g.
Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means-
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity ( , general manager; plant manager; head of a division or business segment; and similar positions).e.g.
(b) The offeror has does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in-
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
(End of provision)
52.209-13Violation of Arms Control Treaties or Agreements-Certification. (Deviation 2026-O0038)Feb 2026 hereby reads as follows:
VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-CERTIFICATION (FEB 2026) (DEVIATION 2026-O0038)
(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition Regulation 2.101.
(b) . [ ]Certification Offeror shall check either (1) or (2).
The Offeror certifies that-(1)
(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and
(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices /under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; or
The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.(2)
(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.
(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.
(2) If such activity might have occurred, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation.
However, the following statements in the annual report are not equivalent to a determination of violation:
(i) An inability to certify compliance.
(ii) An inability to conclude compliance.
(iii) A statement about compliance concerns.
(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.
(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.
(d) Do not submit an offer unless-
(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or
(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has
(i) Waived application under 22 U.S.C. 2593e(d) or (e); or
(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C. 2593e(b).
(e) . The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when Remedies making award. If the Government later determines that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.
(End of provision)
52.229-11Tax on Certain Foreign Procurements-Notice and Representation.Jun 2020 hereby reads as follows:
TAX ON CERTAIN FOREIGN PROCUREMENTS-NOTICE AND REPRESENTATION (JUN 2020)
(a) . As used in this provision-Definitions
Foreign person means any person other than a United States person.
Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area of the United States.
United States person as defined in 26 U.S.C. 7701(a)(30) means
(1) A citizen or resident of the United States;
(2) A domestic partnership;
(3) A domestic corporation;
(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and
(5) Any trust if-
(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and
(ii) One or more United States persons have the authority to control all substantial decisions of the trust.
(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.
(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror may claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C.
5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.
(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that
(1) It is is not a foreign person; and
(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that-I am claiming on the IRS Form W-14 a full exemption, or partial or no exemption [ ] from the excise tax.Offeror must select one
(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then-
(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and
(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.
(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.
(g) A taxpayer may, for a fee, seek advice from the IRS as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.
(End of provision)
Section 00 70 00 - Conditions of the Contract
Additional Information/Notes
The following clauses were added:
FAR Clauses Incorporated by Reference
Number Title Effective Date Alternate/ Deviation
Variation Effective Date
52.222-90 Addressing DEI Discrimination by Federal Contractors. (Deviation 2026-O0040, Revision 1)
Apr 2026
52.240-92 Security Requirements. (Deviation 2026-O0038) Feb 2026
52.240-93 Basic Safeguarding of Covered Contractor Information Systems. (Deviation 2026- O0038)
Feb 2026
FAR Clauses Incorporated by Full Text
52.243-7 Notification of Changes. (Deviation 2026-O0038) (Feb 2026)
NOTIFICATION OF CHANGES (FEB 2026) (DEVIATION 2026-O0038)
(a) Definitions.
Contracting Officer, as used in this clause, does not include any representative of the Contracting Officer.
Specifically Authorized Representative (SAR), as used in this clause, means any person the Contracting Officer has designated by written notice (a copy shall be provided to the Contractor) that shall refer to this subparagraph and shall be issued to the designated representative before the SAR exercises such authority.
(b) The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a Notice.
change to this contract. Except for changes identified in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing promptly, within (to be negotiated) calendar days from the date that the Contractor identifies any Government ____ conduct that the Contractor regards as a change to the contract terms and conditions. Examples of conduct that may be regarded as a change to terms and conditions include actions, inactions, and written or oral communications. On the basis of the most accurate information available to the Contractor, the notice shall state-
(1) The date, nature, and circumstances of the conduct regarded as a change;
(2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct;
(3) The identification of any documents and the substance of any oral communication involved in such conduct;
(4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;
(5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including-
(i) What line items have been or may be affected by the alleged change;
(ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change;
(iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change;
(iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and
(6) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to minimize cost, delay or disruption of performance.
(c) Following submission of the notice required by paragraph (b) of this clause, the Contractor shall diligently continue Continued performance.
performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance. However, if the Contractor regards the direction or communication as a change as described in paragraph (b) of this clause, notice shall be given in the manner provided. All directions, communications, interpretations, orders and similar actions of the SAR shall be reduced to writing promptly and copies furnished to the Contractor and to the Contracting Officer. The Contracting Officer shall promptly countermand any action which exceeds the authority of the SAR.
(d) The Contracting Officer shall promptly, within (to be negotiated) calendar days after receipt of notice, respond to Government response. ____ the notice in writing. In responding, the Contracting Officer shall either-
(1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance;
(2) Countermand any communication regarded as a change;
(3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or
(4) In the event the Contractor's notice information is inadequate to make a decision under (1), (2), or (3) of paragraph (d) of this clause, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.
.(e) Equitable adjustments
If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase (1) or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall be made-
(i) In the contract price or delivery schedule or both; and
(ii) In such other provisions of the contract as may be affected.
(2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay resulting from the Contractor's failure to provide notice or to continue performance as provided, respectively, in paragraphs(b) and (c) of this clause.
Note: The phrases contract price and cost wherever they appear in the clause, may be appropriately modified to apply to cost-reimbursement or incentive contracts, or to combinations thereof.
(End of clause)
The following clauses were modified:
52.204-7System for Award Management-Registration. (Deviation 2026-O0038)Feb 2026
52.204-10Reporting Executive Compensation and First-Tier Subcontract Awards. (Deviation 2026-O0038)Feb
52.204-13System for Award Management-Maintenance. (Deviation 2026-O0038)Feb 2026
52.204-14Service Contract Reporting Requirements. (Deviation 2026-O0038)Feb 2026
52.209-6Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026-O0038)Feb 2026
52.209-9Updates of Publicly Available Information Regarding Responsibility Matters. (Deviation 2026-O0038) Feb 2026
52.209-10Prohibition on Contracting With Inverted Domestic Corporations. (Deviation 2026-O0038)Feb 2026
52.209-11Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (Deviation 2026-O0038)Feb 2026 hereby reads as follows:
REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY
FEDERAL LAW (FEB 2026) (DEVIATION 2026-O0038)
(a) The Government will not enter into a contract with any corporation that-
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that-
(1) It is is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of provision)
52.210-1Market Research. (Deviation 2026-O0038)Feb 2026
52.215-2Audit and Records-Negotiation. (Deviation 2026-O0038)Feb 2026
52.215-6Place of Performance. (Deviation 2026-O0038)Feb 2026 hereby reads as follows:
PLACE OF PERFORMANCE (FEB 2026) (DEVIATION 2026-O0038)
(a) The offeror or respondent, in the performance of any contract resulting from this request for proposals, intends, does not intend [check ] to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this applicable block proposal or response to request for information.
(b) If the offeror or respondent checks "intends" in paragraph (a) of this provision, it shall insert in the following spaces the required information:
Place of Performance (Street Address, City, State, County, ZIP Code)
Name and Address of Owner and Operator of the Plant or Facility if Other than Offeror or Respondent
(End of provision)
52.215-11Price Reduction for Defective Certified Cost or Pricing Data-Modifications. (Deviation 2026-O0038) Feb 2026
52.215-15Pension Adjustments and Asset Reversions. (Deviation 2026-O0038)Feb 2026
52.215-18Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions. (Deviation 2026-O0038)Feb 2026
52.215-19Notification of Ownership Changes. (Deviation 2026-O0038)Feb 2026
52.215-21Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data- Modifications. (Deviation 2026-O0038)Feb 2026
52.215-22Limitations on Pass-Through Charges-Identification of Subcontract Effort. (Deviation 2026-O0038) Feb 2026
52.215-23Limitations on Pass-Through Charges. (Deviation 2026-O0038)Feb 2026
52.216-1Type of Contract. (Deviation 2026-O0038)Feb 2026 hereby reads as follows:
Type of Contract (Feb 2026) (Deviation 2026-O0038)
The Government contemplates award of a resulting from this solicitation.Firm Fixed Price (FFP) Design-Build Construction contract
(End of provision)
52.217-4Evaluation of Options Exercised at Time of Contract Award. (Deviation 2026-O0038)Feb 2026
52.217-5Evaluation of Options. (Deviation 2026-O0038)Feb 2026
52.219-1Small Business Program Representations. (Deviation 2026-O0038)Feb 2026 hereby reads as follows:
Small Business Program Representations (Feb 2026) (Deviation 2026-O0038)
(a) . As used in this provision-Definitions
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.
HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, is certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Small Business Search (SBS) ( 13 CFR 126.103).
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300.
Small business concern-
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (b) of this provision.
(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 Affiliates a third 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.
Small disadvantaged business concern means a small business concern that-
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by one or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraph (1) of this definition.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b)
(1) The North American Industry Classification System (NAICS) code for this acquisition is .236220
(2) The small business size standard is $45,000,000.
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce ( , nonmanufacturer), is 500 employees, or 150 employees for information i.e.
technology value-added resellers under NAICS code 541519, if the acquisition-
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(c) Representations.
(1) The offeror represents as part of its offer that-
(i) it [ ] is, [ ] is not a small business concern; or
(ii) It [ ] is, [ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [________ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]____
(2) [ The offeror represents that it [ Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] ] is, [ ] is not a women-owned small disadvantage business concern.
(3) The offeror represents as part of its offer that it [ ] is, [ ] is Women-owned small business (WOSB) joint venture eligible under the WOSB Program.
not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity ____ identifier of each party to the joint venture: __.]
(4) The offeror represents as part of its offer that it [ ] is, [ ] is Economically disadvantaged women-owned small business (EDWOSB) joint venture.
not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity ____ identifier of each party to the joint venture: __.]
(5) . [ ]. The offeror SDVOSB joint venture eligible under the SDVOSB Program Complete only if the offeror is certified as a SDVOSB concern represents as part of its offer that it [ ] is, [ ] is not a SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [ The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.]____
(6) [ ] The offeror HUBZone joint venture eligible under the HUBZone Program. Complete only if the offeror is a HUBZone small business concern.
represents, as part of its offer, that it [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [
The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each HUBZone small business concern ____ participating in the HUBZone joint venture must be certified as a HUBZone concern.
(d) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small Notice.
disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, will be-
(1) Punished by imposition of fine, imprisonment, or both;
(2) Subject to administrative remedies, including suspension and debarment; and
(3) Ineligible for participation in programs conducted under the authority of the Act.
(End of provision)
52.219-4Notice of Price Evaluation Preference for HUBZone Small Business Concerns. (Deviation 2026- O0038)Feb 2026 hereby reads as follows:
NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (FEB 2026) (DEVIATION 2026- O0038)
Evaluation preference.(a)
Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except-(1)
(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and
(ii) Otherwise successful offers from small business concerns.
(b) . A HUBZone small business concern may choose to waive the evaluation preference. If the concern waives Waiver of evaluation preference the preference, the factor will be added to its offer for evaluation purposes.
Offeror chooses to waive the evaluation preference.
(c) A HUBZone joint venture agrees that, in the performance of the contract, at least 40 percent of the aggregate work performed by Joint venture.
the joint venture shall be completed by the HUBZone small business parties to the joint venture. Work performed by the HUBZone small business parties to the joint venture must be more than administrative functions.
(End of provision)
52.219-8Utilization of Small Business Concerns. (Deviation 2026-O0038)Feb 2026
52.219-9Small Business Subcontracting Plan. (Deviation 2026-O0038) (Alternate II)Feb 2026Alternate IIFeb
52.219-16Liquidated Damages-Subcontracting Plan. (Deviation 2026-O0038)Feb 2026
52.219-28Postaward Small Business Program Rerepresentation. (Deviation 2026-O0038)Feb 2026 hereby reads as follows:
POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FEB 2026) (DEVIATION 2026-O0038)
(a) . As used in this clause-Definitions
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years 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, Option to Extend Services, or other appropriate authority.
Small business concern-
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) 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, Affiliates or a third 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 a small business concern, a small disadvantaged business concern, or a joint venture that was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(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 option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the 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.
(d) 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 construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-
(1) Was set aside for small business and has a value above the simplified acquisition threshold;
(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or
(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation(s) required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) 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 contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it is, is not a small business concern under NAICS Code assigned to contract number.____ ____
(2) [ .] The Contractor represents Complete only if the Contractor represented itself as a small business concern in paragraph (g)(1) of this clause that it is, is not, a small disadvantaged business concern as defined in .13 CFR 124.1001
(3) . The Contractor represents that it is, is not a Women-owned small business (WOSB) joint venture eligible under the WOSB Program 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: __.]
(4) . The Contractor represents that it is, is not a joint Economically disadvantaged women-owned small business (EDWOSB) joint venture 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) . The Contractor represents that it Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program is, is 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: __.]
(6) [ ] The HUBZone joint venture eligible under the HUBZone Program. Complete only if the offeror is a HUBZone small business concern.
offeror represents, as part of its offer, that It is, is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .] Each HUBZone small business ____ concern participating in the HUBZone joint venture must be certified as a HUBZone concern. [ Contractor to sign and date and insert authorized ____ signer's name and title.]
(End of clause)
52.222-3Convict Labor. (Deviation 2026-O0038)Feb 2026
52.222-4Contract Work Hours and Safety Standards-Overtime Compensation. (Deviation 2026-O0038)Feb 2026
52.222-5Construction Wage Rate Requirements-Secondary Site of the Work. (Deviation 2026-O0038)Feb 2026
52.222-6Construction Wage Rate Requirements. (Deviation 2026-O0038)Feb 2026
52.222-7Withholding of Funds. (Deviation 2026-O0038)Feb 2026
52.222-8Payrolls and Basic Records. (Deviation 2026-O0038)Feb 2026
52.222-10Compliance with Copeland Act Requirements. (Deviation 2026-O0038)Feb 2026
52.222-11Subcontracts (Labor Standards). (Deviation 2026-O0038)Feb 2026
52.222-14Disputes Concerning Labor Standards. (Deviation 2026-O0038)Feb 2026
52.222-32Construction Wage Rate Requirements-Price Adjustment (Actual Method). (Deviation 2026-O0038) Feb 2026
52.222-35Equal Opportunity for Veterans. (Deviation 2026-O0038)Feb 2026
52.222-36Equal Opportunity for Workers with Disabilities. (Deviation 2026-O0038)Feb 2026
52.222-37Employment Reports on Veterans. (Deviation 2026-O0038)Feb 2026
52.222-40Notification of Employee Rights Under the National Labor Relations Act. (Deviation 2026-O0038) Feb 2026
52.222-50Combating Trafficking in Persons. (Deviation 2026-O0038)Feb 2026
52.222-54Employment Eligibility Verification. (Deviation 2026-O0038)Feb 2026
52.222-55Minimum Wages for Contractor Workers Under Executive Order 14026. (Deviation 2026-O0038)Feb
52.222-62Paid Sick Leave Under Executive Order 13706. (Deviation 2026-O0038)Feb 2026
52.223-1Biobased Product Certification. (Deviation 2026-O0038)Feb 2026
52.223-2Reporting of Biobased Products Under Service and Construction Contracts. (Deviation 2026-O0038) Feb 2026
52.223-3Hazardous Material Identification and Safety Data. (Deviation 2026-O0038)Feb 2026 hereby reads as follows:
HAZARDOUS MATERIAL IDENTIFICATION AND SAFETY DATA (FEB 2026) (DEVIATION 2026-O0038)
(a) , as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 Hazardous material (including revisions adopted during the term of the contract).
(b) The Offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract.
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