Sol_1333MF26Q0087.pdf

CONSTRUCTION COMBINED SYNOPSIS/SOLICITATION

Galveston Laboratory Automatic Transfer Switch (ATS) Replacement

(i)This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with part 12. This announcement constitutes the only solicitation. Offers are being requested and a separate written solicitation will not be issued.

Solicitation number1333MF26Q0087 is issued as a request for quotation (RFQ), for the removal and replacement of the existing Automatic Transfer Switch (ATS) system at the NOAA NMFS Galveston Laboratory. The work includes installation, integration, testing, commissioning, and training to ensure a fully operational system that provides seamless transition between utility and generator power and supports uninterrupted facility operations.

This acquisition is set-aside for small business concerns. The associated NAICS code is 238210.

The small business size standard is $19M.

This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

(ii)A list of line-item number(s) and items, quantities, and units of measure (including option(s), if applicable).

CLIN 0001 – Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary to remove and replace the existing Automatic Transfer Switch (ATS) system at the NOAA NMFS Galveston Laboratory in accordance with the Statement of Work.

Period of Performance The period of performance shall be from date of award through 12/31/2026. All work shall be coordinated with the Technical Project Lead.

Place of Performance All work shall be performed at:

NOAA NMFS Galveston Laboratory 4700 Avenue U.

Galveston, TX

(iii)Description of requirements for the items to be acquired, including documentation supporting any brand name descriptions (see 12.102).

SEE ATTACHED STATEMENT OF WORK (SOW).

THE GENERAL DECISION (GD) TX20260248 MODIFICATION 1 PUBLICATION DATE

5/18/2026 WILL BE INCORPORATED AND MAY BE VIEWED AT WWW.SAM.GOV

SEE THE ATTACHED SF 18 CONSTRUCTION TEMPLATE WITH ALL TERMS AND

CONDITIONS WHICH ALL VENDORS MUST BE IN COMPLIANCE WITH TO BE

ELIGIBLE FOR AWARD.

QUOTE PRICING MAY BE PROVIDED ON ATTACHED SF18 FORM OR ON COMPANY

LETTERHEAD.

BONDING/LOC WILL BE REQUIRED UNLESS YOUR QUOTE IS UNDER $35K.

(iv)Date(s) and place(s) of delivery and acceptance and f.o.b. point (see part 47).

Period of Performance The period of performance shall be from date of award through 12/31/2026. All work shall be coordinated with the Technical Project Lead.

The start date is an estimate and is subject to new funding approval processes. If there is a significant delay in awarding this contract, an updated quote may be requested

(v)A list of solicitation provisions that apply to the acquisition (see 12.205(a)) can be found on the Request for Quote Form SF18 attachment.

RFO 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) (Deviation Jan 2026) NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror.

1. Submit PDF or Microsoft Word format quotations to the office specified in this solicitation at or before the time specified in the solicitation. Quote documents shall include signed copies of the SF 18 and SF 30(s) to acknowledge the solicitation and any applicable amendments. Email quotes are required and can be sent to Shawana.Randolph@noaa.gov

2. Offeror shall have an active registration in the System for Award Management (SAM found at https://sam.gov/content/home) in order to provide a quote and be eligible for award. Must provide their UEID/CAGE CODE with their quote.

3. Offerors shall assume that the Government has no prior knowledge of them or their capability.

4. Offerors must provide all evaluation criteria in accordance with RFO 52.212-2. Offerors who do not provide all evaluation criteria may not be considered.

1. Technical Approach and Capability

2. Past Performance

3. Price https://sam.gov/content/home

RFO 52.212-2 Evaluation- Commercial Products and Commercial Services (Nov 2021) (Deviation Jan 2026) Offers will be evaluated based on price and the factors set forth in paragraph (a).

The evaluation will consider the Non-Price Technical Solution (Technical Approach and Past Performance) to be significantly more important than price. However, as quotes are determined to be more equal in the non-price evaluation factor, price becomes more important and may become the determining factor for award. If, at any stage of the evaluation, all vendors are determined to have submitted equal, or virtually equal, Non-Price Technical Solutions, price could become the factor in determining which vendor will receive the award.

The Government intends to evaluate the quotes and award a purchase order based on the Offeror’s initial quote; therefore, the Offeror’s initial quote should contain the Offeror’s best terms from a Non-Price Technical Solution and price standpoint.

The Government reserves the right not to award a purchase order depending on the quality of the quote(s) submitted and the availability of funds. Furthermore, the Government may waive informalities and minor irregularities or omissions in quotes received.

The Government may make award to other than the lowest-priced Offeror or the Offeror with the highest technical rating if the Contracting Officer determines that to do so would result in the best value to the Government. The Government will not make an award at a significantly higher overall price to achieve only slightly superior performance capability.

(a) 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.

Paragraph (a) is hereby completed as follows: Evaluation will be based on the following:

1. Technical Approach and Capability.

The Offeror’s overall technical approach will be evaluated to assess the Government's level of confidence in the Offeror’s understanding of, approach to, and ability to successfully perform the requirements as described in the Statement of Work. A detailed technical approach write-up describing how the Offeror will perform this service is required to be submitted with the quote regardless of whether a site visit was made or not. The technical approach write-up must not be a reiteration of the Statement of Work, but how your company plans on performing the tasks listed in the attached Statement of Work. (i.e. performance checklists, anticipated number of employees, anticipated hours at the facility and/or confirmation of supplies being provided, etc.)

2. Past Performance.

Quote shall include at leasttworeferences from at leasttwo separate contracts for similar and relevant recent services within the past two yearsincluding the name, phone number, full address, and e-mail address of the reference to demonstrate the offeror’scapability to successfully perform the services listed in the Statement of Work.

The Offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the Offeror, the agency’s knowledge of Offeror performance, other government agencies or commercial entities, or past performance databases, and will be based on responsiveness, quality, and customer services.

Offerors lacking relevant past performance history, or for whom past performance information is either not available or has not been submitted to the Government, will receive a neutral rating for past performance. A good past performance rating provides higher confidence than a neutral or satisfactory rating.

3. Price.

The quoted prices will be evaluated but not scored. The Government will evaluate the price quote for completeness and reasonableness in relation to the RFQ requirements.

Quoted prices must be entirely compatible with the Non-Price Technical Solution.

The Government intends to award a trade-off, single firm fixed-price purchase order on an all or none basis with payment terms of Net 30.

(b) Options. 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. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise 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)

(vi)A list of contract clauses that apply to the acquisition (see 12.205(b)) can be found on the Request for Quote Form SF18 attachment.

(vii)Quotes are required to be received in the contracting office no later than the Responses due date and time stated inSAM.gov. All quotes must be submitted electronically via email to Shawana.Randolph@noaa.gov.

THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF

QUOTES. IT IS THE CONTRACTOR’S RESPONSIBILITY TO REQUEST AND RECEIVE

A CONFIRMATION OF THE QUOTE RECEIPT.

(viii)Any other additional information required by 5.101(c).

SITE VISIT INFORMATION

A site visit is highly recommended but not required. Vendors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. Please contactMichael Cordova, Email:

michael.cordova@noaa.govto set up a time to visit the site. All questions during the site visit should be submitted electronically toCO at Shawana.Randolph@noaa.gov.

Per NOAA Deviation 2025-02/03: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 agency solicitations. Contracting officers will not consider those representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

UTILIZATION OF FEDCONNECT® FOR CONTRACT ADMINISTRATION

The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net. There is no charge for registration in or use of FedConnect®.

(End) http://sam.gov/

CONSTRUCTION ORDER CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

(FIXED-PRICE)

***Note: Offeror must complete and return this section with quote.***

ORDER/CONTRACT NUMBER: 1333MF26Q0087

NAME OF OFFEROR: ____________________________________

ASBESTOS-CONTAINING MATERIALS CERTIFICATION

The offeror hereby certifies that no asbestos-containing materials, products or supplies will be delivered to the work site or utilized or installed during the performance of the proposed contract. The offeror also certifies, that if awarded the contract, they will be responsible for the cost of removal of all asbestos-containing materials, products or supplies delivered to the work site or utilized or installed during the performance of the contract, and the cost for remediation of any hazard created.

Offeror Name: ________________________________________

Certifying Official(Vendor Signs)

Signature:

Printed Name:

Title:

Date:

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6/1995)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

8. TO:

b. COMPANYa. NAME

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

d. STATE e. ZIP CODE

7. DELIVERY

FOB DESTINATION

OTHER

(See Schedule)

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NUMBER

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

PAGE OF PAGES

1. REQUEST NUMBER 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NUMBER 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY 6. DELIVER BY (Date)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

c. CITY

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

75 VIRGINIA BEACH DRIVE

NMFS Field Delegates

601 EAST 12TH STREET SUITE 1746

KANSAS CITY MO 64106

143031-26-00881333MF26Q0087

SHAWANA RANDOLPH

SE FISHER SCIENCE CTR/F/SEC

33149

08/20/2026

09/01/2026 1300 ED

12/31/2026

MIAMI

FL

NOTICE: THE GOVERNMENT DOES NOT ACCEPT

RESPONSIBILITY FOR NON-RECEIPT OF

QUOTES. IT IS THE CONTRACTOR’S

RESPONSIBILITY TO REQUEST A CONFIRMATION

OF THE QUOTE RECEIPT.

Vendor SAM UNIQUE ENTITY ID

CAGE CODE ____________

OFFEROR MAY SUBMIT THE QUOTE ON THIS

SF-18 FORM OR THEIR OWN COMPANY FORM.

See 52.228-13 Alternative Payment

Protections, a Irrevocable Letter of

Continued...

1 41

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

1333MF26Q0087

Credit WILL BE REQUIRED UNLESS YOUR QUOTE IS

UNDER $35K.

1333MF26Q0087 BASE

Section II - Supplies or Services and Price/Costs Section III - Description/Specifications Section IX - Contract Clauses Section X - List of Attachments Section XI - Representations, Certifications, and Other Statements of Bidders Section XII - Instructions, Conditions, and Notices to Bidders

Section II - Supplies or Services and Price/Costs

Item/Sub Number Description Quantity Unit of

Issue Unit Price Total Item Amount

Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary to remove and replace the existing Automatic Transfer Switch (ATS) system at the NOAA NMFS Galveston Laboratory in accordance with the Statement of Work. Period of Performance The period of performance shall be from date of award through 12/31/2026. All work shall be coordinated with the Technical Project Lead. Place of Performance All work shall be performed at: NOAA NMFS Galveston Laboratory 4700 Avenue U. Galveston, TX

Section III - Description/Specifications

STATEMENT OF WORK (SOW)

STATEMENT OF WORK

National Oceanic and Atmospheric Administration (NOAA)

NOAA FISHERIES

Southeast Fisheries Science Center (SEFSC) Galveston Laboratory Automatic Transfer Switch (ATS) Replacement

I. Background/Overview:

The NOAA NMFS Galveston Laboratory, located at 4700 Avenue U., Galveston, TX, supports mission-critical fisheries research, data collection, and laboratory operations essential to NOAA Fisheries’ mission. Continuous electrical power is required to sustain laboratory systems, protect sensitive equipment, preserve scientific samples, and maintain safe working conditions.

The existing Automatic Transfer Switch (ATS) and associated switchgear have reached the end of their service life and require replacement to ensure reliable transition between utility power and emergency generator power. Failure of this system could result in disruption of operations, loss of research data, and potential damage to critical infrastructure.

This requirement is being pursued to replace the existing ATS with a modern, fully functional system that meets current electrical codes, safety standards, and operational requirements.

II. Scope of Work The Contractor shall provide all labor, materials, equipment, tools, supervision, and technical expertise necessary to remove and replace the existing Automatic Transfer Switch (ATS) system at the NOAA NMFS Galveston Laboratory. The work includes installation, integration, testing, commissioning, and training to ensure a fully operational system that provides seamless transition between utility and generator power and supports uninterrupted facility operations.

III. Tasks

• Task 1 – Equipment Removal and Installation

The Contractor shall remove and properly dispose of the existing Automatic Transfer Switch (ATS) and associated switchgear in accordance with applicable regulations and environmental requirements. The Contractor shall supply and install a new ATS that is properly sized and rated to match the facility’s existing electrical service requirements. All installation activities shall be performed in accordance with manufacturer specifications, industry standards, and applicable codes to ensure safe and reliable operation.

• Task 2 – Electrical Connections and Integration

The Contractor shall complete all necessary electrical connections between the ATS and the facility’s utility power source, emergency generator system, and load distribution system. The Contractor shall install and integrate a three-position selector switch (OFF/MANUAL/AUTO) to allow for operational flexibility and manual control when required. All wiring, terminations, grounding, and bonding shall comply with the National Electrical Code (NEC) and all applicable local and federal requirements to ensure safe and proper system functionality.

• Task 3 – Component Installation

The Contractor shall install all required components necessary for the proper operation of the ATS system. This includes, but is not limited to, control logic boards, solenoid mechanisms, protective enclosures, and safety covers. All components shall be installed, configured, and tested to ensure compatibility with the overall system and to provide safe, efficient, and reliable performance under normal and emergency operating conditions.

• Task 4 – Site Requirements and Compliance

The Contractor shall verify that the installed ATS meets the amperage and capacity requirements of the facility’s existing electrical service. All work shall be performed in full compliance with the National Electrical Code (NEC), local building and electrical codes, OSHA safety standards, and any other applicable regulations. The Contractor shall maintain a safe work environment at all times and ensure that all personnel follow appropriate safety procedures throughout the duration of the project.

• Task 5 – Testing and Commissioning

The Contractor shall perform comprehensive testing and commissioning of the installed ATS system to ensure proper functionality. This shall include verification of automatic transfer operations, generator start and stop functionality, and proper load transfer between power sources. The Contractor shall also verify the operation of all system protection features, including low oil pressure shutdown, high coolant temperature shutdown, and overspeed protection. All testing results shall be documented, and any deficiencies identified during testing shall be corrected prior to final system acceptance.

• Task 6 – Documentation and Training

The Contractor shall provide complete operation and maintenance manuals for the installed ATS system, including all manufacturer documentation and system-specific information. The Contractor shall also provide on-site training to Government maintenance personnel to ensure proper understanding of system operation, controls, and basic troubleshooting procedures. Additionally, the Contractor shall provide written reports identifying any defective, damaged, or non-compliant equipment discovered during installation or testing.

IV. Period of Performance The period of performance shall be from date of award through 12/31/2026. All work shall be coordinated with the Technical Project Lead (identified below).

V. Place of Performance All work shall be performed at:

NOAA NMFS Galveston Laboratory 4700 Avenue U.

Galveston, TX

VI. Deliverable Schedule Deliverable Description Quantity/Media Completion Due Date

Installation Completion Fully installed ATS system 1 Within PoP

Testing Report Functional and safety testing results PDF Upon completion

O&M Manuals Manufacturer manuals and system documentation Electronic + Hard Copy At project closeout

Training On-site training for staff 1 session Prior to acceptance Deficiency Report Report of identified issues PDF As required

VII. Government-Furnished Resources The Government will provide access to the facility, coordination for scheduling and outages, and any available existing system documentation. The Contractor shall provide all labor, materials, tools, and equipment required to perform the work. Contractor personnel will perform work on-site and will require access to NOAA facilities and may be subject to escort or badging requirements.

VIII. Security Requirements Contractor personnel performing work under this requirement will require physical access to NOAA facilities. All contractor personnel must comply with Department of Commerce and NOAA security policies governing access to Federal facilities.

In accordance with the REAL ID Act of 2005, beginning May 7, 2025, individuals seeking access to certain Federal facilities must present a REAL ID-compliant driver’s license or identification card, or an acceptable alternate form of identification such as a U.S. passport, military identification card, or other federally approved identification credential.

State-issued identification that is not REAL ID compliant may not be accepted for access to Federal facilities requiring identification after this enforcement date.

Contractor personnel must present valid identification that meets Federal security requirements when entering NOAA facilities. Personnel who do not possess a REAL ID-compliant credential must provide an acceptable alternate identification document as defined by Federal security policy.

Contractor personnel may also be required to obtain a NOAA facility access badge or Personal Identity Verification (PIV) credential in accordance with Department of Commerce identity proofing procedures prior to being granted unescorted access to Federal facilities.

Failure to comply with identification and credentialing requirements may result in denial of facility access.

IX. Applicable Standards All work shall comply with applicable industry standards, including the National Electrical Code (NEC), OSHA regulations, local building codes, and manufacturer installation requirements.

XI. CONTRACTORS INVOICE

INVOICES MUST BE SUBMITTED ONCE ALL SERVICES ARE COMPLETED

Per NAM 1330-52.232-71 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (FEB 2023) The Contractor must submit payment requests electronically through the U.S. Department of the Treasury's Invoice Processing Platform System (IPP). The Contractor must use the IPP website to register, access, and submit payment requests. The IPP website address is https://www.ipp.gov.

"Payment request" means any request for contract financing payment or invoice payment to the Contractor. To be considered proper, invoices must be prepared in accordance with, and contain all elements specified in, the contract payment clause (e.g., FAR 52.212-4(g), FAR 52.232-25(a)(3), FAR https://www.ipp.gov/

52.232-26(a)(2), FAR 52.232-27(a)(2)). All invoices are to be submitted in arrears per 31 U.S.C. § 3324.

Advance payments are prohibited by 31 U.S.C. § 3324, which provides that, except as provided by a specific appropriation or other law, “a payment under a contract to provide a service or deliver an article for the United States Government may not be more than the value of the service already provided or the article already delivered.” The primary purpose of 31 U.S.C. § 3324 is to protect the Government against the risk of nonperformance (or refusal to refund moneys) by the contractor after receipt of payment. See 22 Comp. Gen. 834, 835 (1946). In its simplest terms, the statute prohibits the Government from paying for goods before they have been received or for services before they have been rendered.

The Contractor must include the following documents as attachments to payment requests submitted through the IPP: NONE If the Contractor is unable to comply with the requirement to submit payment requests through the IPP due to a threat to national security; a matter of unusual or compelling urgency; or because the political, financial, or communications infrastructure of a foreign country does not support access to the IPP, the Contractor must request an exception in writing. Contact the Contracting Officer for more information about requesting an exception. (End of Clause)

Section IX - Contract Clauses

Clause List

Standard Language UTILIZATION OF FEDCONNECT FOR CONTRACT ADMINISTRATION

The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net. There is no charge for registration in or use of FedConnect®.

RFO 52.203-17 Contractor Employee Whistleblower Rights. (NOV 2023)

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

(JAN 2017)

RFO 52.204-13 SYSTEM FOR AWARD MANAGEMENT-MAINTENANCE. (OCT 2018) (Deviation JAN 2026)

RFO 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS. (NOV 2015) (Deviation JAN 2026)

RFO 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE. (NOV 2020) (Deviation JAN 2026)

FAR 52.222-3 Convict Labor. (JUN 2003)

FAR 52.222-6 Construction Wage Rate Requirements. (AUG 2018)

FAR 52.222-7 Withholding of Funds. (MAY 2014)

FAR 52.222-8 Payrolls and Basic Records. (JUL 2021)

FAR 52.222-10 Compliance With Copeland Act Requirements. (FEB 1988)

FAR 52.222-11 Subcontracts (Labor Standards). (MAY 2014)

FAR 52.222-12 Contract Termination - Debarment. (MAY 2014)

FAR 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations.

(MAY 2014)

FAR 52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

FAR 52.222-15 Certification of Eligibility. (MAY 2014)

RFO 52.222-50 COMBATING TRAFFICKING IN PERSONS. (OCT 2025) (Deviation JAN 2026)

RFO 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. (JAN 2022)

FAR 52.222-62 Paid Sick Leave Under Executive Order 13706. (JAN 2022)

RFO 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2024)

RFO 52.223-23 SUSTAINABLE PRODUCTS AND SERVICES. (MAY 2024) (Deviation JAN 2026)

RFO 52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving. (MAY 2024)

RFO 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007)

RFO 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014)

RFO 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017)

RFO 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (OCT 2018)

RFO 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (MAR 2023)

RFO 52.233-3 PROTEST AFTER AWARD. (AUG 1996) (Deviation JAN 2026)

RFO 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004) (Deviation JAN 2026)

RFO 52.236-2 Differing Site Conditions. (APR 1984) (Deviation JAN 2026)

FAR 52.236-5 Material and Workmanship. (APR 1984)

FAR 52.236-7 Permits and Responsibilities. (NOV 1991)

RFO 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS. (Deviation JAN 2026)

RFO 52.240-92 Security Requirements. (Deviation JAN 2026)

RFO 52.242-14 Suspension of Work. (APR 1984)

RFO 52.243-5 Changes and Changed Conditions. (APR 1984) (Deviation JUN 2025)

RFO 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. (OCT

2025) (Deviation JAN 2026)

RFO 52.212-4 TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. (NOV 2023) (Deviation JAN 2026)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.

3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall-

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon-

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C.

chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract.

If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

RFO 52.222-90 Addressing DEI Discrimination by Federal Contractors ((DEVIATION April 2026))

(a) Definitions. As used in this clause-

Program participation means membership or participation in, or access or admission to:

training, mentoring, or leadership development programs; educational opportunities; clubs;

associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of clause)

RFO 52.225-9 Buy American - Construction Materials. (OCT 2022) (Deviation JAN 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;…