Provisions and Clauses.pdf

Provisions and Clauses

Provisions Incorporated by Reference:

RFO FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2024) RFO FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation (JAN 2017) RFO FAR 52.204-7 System for Award Management (FEB 2026) RFO FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation (FEB 2026) RFO FAR 52.209-5 Certification Regarding Responsibility Matters (FEB 2026) RFO FAR 52.209-7 Information Regarding Responsibility Matters (FEB 2026) RFO FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2026) RFO FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (FEB 2026) RFO FAR 52.217-4 Evaluation of Options Exercised at Time of Contract Award (FEB 2026) RFO FAR 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work (FEB 2026) RFO FAR 52.225-10 Notice of Buy American Requirement—Construction Materials (MAY 2014) RFO DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (SEP 2022) RFO DFARS 252.204-7024 Notice on the use of the Supplier Performance Risk System (FEB 2026) RFO DFARS 252.204-7998 Alternate A, Annual Representations and Certifications (FEB 2026) RFO DFARS 252.215-7992 Only One Offer. (DEVIATION 2026-O0048) (MAR 2026) RFO DFARS 252.225-7055 Representation Regarding Business Operations with the Maduro Regime (MAY 2022) RFO DFARS 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime (JAN 2023) RFO DFARS 252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region– Representation (JUN 2023)

Clauses Incorporated by Reference:

RFO FAR 52.203-3 Gratuities (APR 1984) RFO FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020) RFO FAR 52.203-6 Restrictions on Subcontractor Sales to the Government--Alternate I (NOV 2021) RFO FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) RFO FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) RFO FAR 52.204-13 System for Award Management Maintenance (FEB 2026) RFO FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) RFO FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (FEB 2026) RFO FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2026) RFO FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (FEB 2026) RFO FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (FEB 2026) RFO FAR 52.219-6 Notice of Total Small Business Set-Aside (FEB 2026) RFO FAR 52.219-8 Utilization of Small Business Concerns (FEB 2026) RFO FAR 52.219-28 Post-Award Small Business Program Rerepresentation (FEB 2026) RFO FAR 52.222-3 Convict Labor (FEB 2026) RFO FAR 52.222-6 Construction Wage Rate Requirements (FEB 2026) RFO FAR 52.222-7 Withholding of Funds (FEB 2026) RFO FAR 52.222-8 Payrolls and Basic Records (FEB 2026) RFO FAR 52.222-9 Apprentices and Trainees (DEVIATION CD 2025-O0003) (MAR 2025) RFO FAR 52.222-10 Compliance with Copeland Act Requirements (FEB 2026)

RFO FAR 52.222-11 Subcontracts (Labor Standards) (FEB 2026) RFO FAR 52.222-12 Contract Termination—Debarment (MAY 2014) RFO FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY 2014) RFO FAR 52.222-14 Disputes Concerning Labor Standards (FEB 2026) RFO FAR 52.222-15 Certification of Eligibility (MAY 2014) RFO FAR 52.222-35 Equal Opportunity for Veterans (FEB 2026) RFO FAR 52.222-36 Equal Opportunity for Workers with Disabilities (FEB 2026) RFO FAR 52.222-37 Employment Reports on Veterans (FEB 2026) RFO FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (FEB 2026) RFO FAR 52.222-50 Combating Trafficking in Persons (FEB 2026) RFO FAR 52.222-54 Employment Eligibility Verification (FEB 2026) RFO FAR 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (FEB 2026) RFO FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (FEB 2026) RFO FAR 52.223-5 Pollution Prevention & Right-To-Know Information (MAY 2024) RFO FAR 52.223-23 Sustainable Products and Services (DEVIATION CD 2025-O0004) (MAR 2025) RFO FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) RFO FAR 52.228-2 Additional Bond Security (OCT 1997) RFO FAR 52.228-5 Insurance—Work on a Government Installation (JAN 1997) RFO FAR 52.228-11 Individual Surety-Pledges of Assets (DEVIATION 2020-O0016) (OCT 2015) RFO FAR 52.228-14 Irrevocable Letter of Credit (NOV 2014) RFO FAR 52.228-15 Performance and Payment Bonds—Construction (DEVIATION 2020-O0016) (JUN 2020) RFO FAR 52.229-3 Federal, State, and Local Taxes (FEB 2026) RFO FAR 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) RFO FAR 52.232-8 Discounts for Prompt Payment (FEB 2002) RFO FAR 52.232-17 Interest (MAY 2014) RFO FAR 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) RFO FAR 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) RFO FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) RFO FAR 52.233-1 Disputes (FEB 2026) RFO FAR 52.233-3 Protest after Award (FEB 2026) RFO FAR 52.233-4 Applicable Law for Breach of Contract Claim (FEB 2026) RFO FAR 52.236-2 Differing Site Conditions (FEB 2026) RFO FAR 52.236-3 Site Investigation and Conditions Affecting the Work (FEB 2026) RFO FAR 52.236-5 Material and Workmanship (FEB 2026) RFO FAR 52.236-6 Superintendence by the Contractor (FEB 2026) RFO FAR 52.236-7 Permits and Responsibilities (FEB 2026) RFO FAR 52.236-8 Other Contracts (FEB 2026) RFO FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (FEB 2026) RFO FAR 52.236-10 Operations and Storage Areas (FEB 2026) RFO FAR 52.236-11 Use and Possession Prior to Completion (FEB 2026) RFO FAR 52.236-12 Cleaning Up (FEB 2026) RFO FAR 52.236-13 Accident Prevention (FEB 2026) RFO FAR 52.236-21 Specifications and Drawings for Construction (FEB 2026) RFO FAR 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (FEB 2026) RFO FAR 52.240-91 Security Prohibitions and Exclusions (FEB 2026) RFO FAR 52.242-13 Bankruptcy (JUL 1995) RFO FAR 52.242-14 Suspension of Work (APR 1984)

RFO FAR 52.243-4 Changes (FEB 2026) RFO FAR 52.243-5 Changes and Changed Conditions (FEB 2026) RFO FAR 52.246-12 Inspection of Construction (AUG 1996) RFO FAR 52.246-21 Warranty of Construction (MAR 1994) RFO FAR 52.248-1 Value Engineering (FEB 2026) RFO FAR 52.248-3 Value Engineering—Construction (OCT 2025) RFO FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) RFO FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price)--Alternate I (SEP 1996) RFO FAR 52.249-10 Default (Fixed-Price Construction) (APR 1984) RFO DFARS 252.201-7000 Contracting Officer's Representative (DEC 1991) RFO DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011) RFO DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (DEC 2022) RFO DFARS 252.204-7004 Antiterrorism Awareness Training for Contractors (FEB 2026) RFO DFARS 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism (FEB 2026) RFO DFARS 252.223-7001 Hazard Warning Labels (DEC 1991) RFO DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials--Basic (SEP 2014) RFO DFARS 252.223-7008 Prohibition of Hexavalent Chromium (JAN 2023) RFO DFARS 252.225-7012 Preference for Certain Domestic Commodities (APR 2022) RFO DFARS 252.225-7048 Export-Controlled Items (JUN 2013) RFO DFARS 252.225-7052 Restriction on the Acquisition of Certain Magnets and Tungsten (MAY 2024) RFO DFARS 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region (JUN 2023) RFO DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (JAN 2023) RFO DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018) RFO DFARS 252.232-7010 Levies on Contract Payments (DEC 2006) RFO DFARS 252.236-7000 Modification Proposals--Price Breakdown (DEC 1991) RFO DFARS 252.236-7005 Airfield Safety Precautions (DEC 1991) RFO DFARS 252.243-7001 Pricing of Contract Modifications (DEC 1991) RFO DFARS 252.243-7002 Requests for Equitable Adjustment (DEC 2022) RFO DFARS 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations (OCT 2010) RFO DFARS 252.247-7023 Transportation of Supplies by Sea--Basic (OCT 2024)

Provisions Incorporated by Full Text:

RFO FAR 52.212-2 Evaluation—Commercial Products and Commercial Services (FEB 2026)

(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. The following factors will be used to evaluate offers:

Price Past Performance Technical

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(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)

RFO FAR 52.233-2 Service of Protest (FEB 2026)

(a) Protests, (as defined in FAR 33.102), that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), must be served on the Contracting Officer identified in the solicitation by obtaining written and dated acknowledgment of receipt from them.

(b) The copy of any protest must be received in the office designated above within one day of filing a protest with the

GAO.

(End of provision)

RFO 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/these address(es):

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide https://www.acq.osd.mil/dpap/dars/dfars_far_overhaul_class_deviations.html

(End of provision)

RFO FAR 52.252-5 Authorized Deviations in Provisions (Nov 2020)

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

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

(End of provision)

Clauses Incorporated by Full Text:

RFO FAR 52.217-7 Option for Increased Quantity-Separately Priced Line Item (Mar 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor any time prior to contract award. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

FAR 52.219-14 Limitations on Subcontracting (FEB 2023) (DEVIATION 2021-O0008)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that— https://www.acquisition.gov/far-overhaul/far-part-deviation-guide https://www.acq.osd.mil/dpap/dars/dfars_far_overhaul_class_deviations.html

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any 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) Applicability. This clause applies only to—

(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) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a 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, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), 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. The following services may be excluded from the 50 percent limitation:

(i) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code 562910), cloud computing services, or mass media purchases.

(ii) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(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)

RFO FAR 52.225-9 Buy American-Construction Materials (FEB 2026)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

Cost of components means—

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

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

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

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means—

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

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

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

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

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

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

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

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

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

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

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

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

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

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

________________________________________________[Contracting Officer to list applicable excepted materials or indicate "none"]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1) The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.(1) The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of 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 or Balance of Payments Program.

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

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars)*

Item 1 Foreign construction material.

Domestic construction material.

Item 2 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)

RFO 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 Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

RFO DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions (JAN 2023)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow

(WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.

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

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov;

and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

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

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

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

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

N/A

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Construction and Facilities Management Invoice

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F87700 Issue By DoDAAC W50S8J Admin DoDAAC** W50S8J

Service Acceptor (DoDAAC) F9S3S3

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

N/A

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

(End of clause)

RFO DFARS 252.236-7001 Contract Drawings and Specifications (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall—

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general—

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

SOW-Spec-Drawings VBDZ252200, 11 pages

(End of clause)