Sol_140FC126R0023.pdf
PDF 679 KB Posted
- Attached to
- PR-VIEQUES NWR-PRIORITY RDS CONSTRUCTION Federal contract opportunity
- Solicitation number
- 140FC126R0023
About this file
This is a Request for Proposal (RFP) for roadway rehabilitation services at Vieques National Wildlife Refuge in Puerto Rico. The solicitation (140FC126R0023) is issued by the U.S. Fish and Wildlife Service as a 100% total set-aside for small business concerns. Proposals are due by August 10, 2026 at 1:00 PM Eastern Time, with questions due by July 27, 2026. The contract will be firm fixed-price, with a mandatory 10-day performance commencement period following notice to proceed and a 185-day completion deadline. An organized site visit is scheduled for July 21, 2026 at the Vieques National Wildlife Reserve Admin Building; attendance is strongly encouraged as additional site visits may not be accommodated.
The scope of work requires rehabilitation of approximately 9.874 miles of existing refuge roads (RT#011 Puerto Ferro Peninsula Road, RT#010 Main Road, RT#102 Tres Palmitas Road, RT#017ZZ La Plata Road, and La Chiva Road) through scarification, grading, shaping, sloping, compacting, hauling, and placement of government-furnished materials, plus limited cold asphalt repairs. The government will furnish approximately 18,185 tons of aggregate and roadway materials, staged at designated locations; the contractor is responsible for loading, hauling, transportation, protection, and incorporation of all materials. Proposals must be submitted in four separate volumes: Price Proposal (unlimited pages), Technical Approach (approximately 25 pages excluding resumes and attachments), Past Performance (approximately 5 pages covering up to three relevant projects within five years), and Bid Guarantee. Award evaluation will prioritize price (most important), followed by technical approach, and past performance. A bid guarantee of 20% of bid price or $1,000,000, whichever is less, is required. Performance and payment bonds (10 calendar days after award) and liability insurance ($1,000,000 per person, $2,000,000 per occurrence, $1,000,000 property damage) are mandatory. The contract is subject to Davis-Bacon wage rates, Buy American construction materials requirements, and multiple federal labor, environmental, and compliance clauses. Work hours are limited to one-half hour before sunrise to one-half hour after sunset, excluding Saturdays, Sundays, and federal holidays unless authorized. Invoicing must be submitted electronically through the Department of Treasury's Invoice Processing Platform (IPP), with certified payrolls and progress documentation required for each payment request.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Sol_140FC126R0023_Amd_0001.pdf | ||
| B09_Solicitation_Amend_1_-_Attachment_1_Scope_of_Work_(SOW__PWS__SOO)__Updated_7_28_26_0001.pdf | ||
| B09_Solicitation_Amend_1_-_Attachment_5_-_Questions_and_Answers_7_28_26_3_pgs_0001.pdf | ||
| B08_Solicitation_Attachment_2_DOL_Wage_Determination__PR20260002__dated_1_2_26.pdf | ||
| B08_Solicitation_Attachment_1_Scope_of_Work_(SOW__PWS__SOO)__04_15_2026.pdf | ||
| B08_Solicitation_Attachment_3_Bid_sheet_6_3_26.pdf | ||
| B08_Solicitation_Attachment_4_Detailed_Bid_sheet_6_3_26.pdf |
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(See ).
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".
SOLICITATION
1. SOLICITATION NO.
5. REQUISITION/PURCHASE REQUEST NO.
CODE
6. PROJECT NO.
8. ADDRESS OFFER TO
4. CONTRACT NO.
7. ISSUED BY
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)
11. The contractor shall begin performance within
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES", indicate within how many calendar days after award in Item 12b.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and
b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d. Offers providing less than
STANDARD FORM 1442 (REV. 12/2022)
Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
is, is not required.
local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.
calendar days and complete it within calendar days after receiving
a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
12b. CALENDAR DAYS
2. TYPE OF SOLICITATION
NEGOTIATED (RFP) REQUEST FOR PROPOSAL
3. DATE ISSUED PAGE OF
SEALED BID (IFB) INVITATION FOR BID
9. FOR
INFORMATION CALL
PAGES
140FC126R0023
FWS, Constr A/E 1 FWS, Construction A/E Tea 5275 Leesburg Pike Falls Church VA 22041
0044043610
FC1
Adam Graham 7623250609
07/08/2026
08/10/2026
10 185
Attachment 1 Scope of Work (SOW, PWS, SOO) dated 15 April 2026 (12 pages)
Attachment 2 DOL Wage Determination #PR20260002, dated 2 January 2026 (4 pages)
1 49
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
OFFER (Must be fully completed by offeror)
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AWARD (To be completed by Government)
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)
CODE FACILITY CODE
15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)
21. ITEMS ACCEPTED:
22. AMOUNT
26. ADMINISTERED BY
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)
31c. DATE
STANDARD FORM 1442 (REV. 12/2022) BACK
31b. UNITED STATES OF AMERICA
BY
31a. NAME OF CONTRACTING OFFICER (Type or print)
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30b. SIGNATURE 30c. DATE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
copies to issuing office.) Contractor agrees to furnish
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
23. ACCOUNTING AND APPROPRIATION DATA
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES CODE AT
27. PAYMENT WILL BE MADE BY
10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )
20b. SIGNATURE 20c. OFFER DATE
Continued...
AMENDMENT
NUMBER
DATE.
FWS, Constr A/E 1 FWS, Construction A/E Tea 5275 Leesburg Pike Falls Church VA 22041
FC1
Adam Graham
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
140FC126R0023
Delivery: 05/19/2027
Delivery Location Code: 0011279893
FWS VIEQUES NWR
POST OFFICE BOX 1527
VIEQUES PR 00765-3139 US
Period of Performance: 11/05/2026 to
05/19/2027
00010 Rt. 011AZ & 011BZ Puerto Ferro Penin. Rd
00020 Rt. 010AZ & 010BZ - Main Road
00030 Rt. 102 Tres Palmitas Road
00040 Rt. 017AZ & 017BZ La Plata Road
00050 La Chiva
Section Title
Part I—The Schedule
A Solicitation/contract form
B Supplies or services and prices
C Description/specifications
D Packaging and marking
E Inspection and acceptance
F Deliveries or performance
G Contract administration data
H Special contract requirements
Part II—Contract Clauses
I Contract clauses
Part III—List of Documents, Exhibits, and Other Attachments
J List of documents, exhibits, and other attachments
Part IV—Representations and Instructions
K Representations, certifications, and other statements of bidders
L Instructions, conditions, and notices to bidders
M Evaluation factors for award
SECTION B – DELIVERY AND PRICES INFORMATION
Name of Firm: _______________________________________________________________________
Address: ___________________________________________________________________________
City: _________________________________ State: ___________ Zip Code: _________________
UEI Number: ___________________________ CAGE Code: __________________________
Name and Title of Firm’s Point of Contact: ________________________________________________
Phone Number: _________________________ Email Address: ________________________
This requirement is for one (1) Firm Fixed Price construction contract for the U.S. Fish and Wildlife Service, Vieques National Wildlife Refuge. The project consists of roadway rehabilitation services to restore approximately 9.874 miles of existing refuge roads, including RT#011 Puerto Ferro Peninsula Road, RT#010 Main Road, RT#102 Tres Palmitas Road, RT#017ZZ La Plata Road, and La Chiva Road. The work includes scarifying, grading, shaping, sloping, compacting, hauling, and placement of Government-Furnished Materials (GFM), as well as limited cold asphalt repairs, to re-establish safe, durable, and properly drained roadway surfaces. The contractor shall provide all labor, supervision, equipment, transportation, and incidental services necessary to complete the work in accordance with applicable standards and specifications in a remote island environment.
Item # Description Estimated
Quantity Unit Unit Cost Total Cost
00010 Rt. 011AZ & 011BZ Puerto Ferro Penin. Rd
LS
00020 Rt. 010AZ & 010BZ - Main Road LS
00030 Rt. 102 Tres Palmitas Road LS
00040 Rt. 017AZ & 017BZ La Plata Road LS
00050 La Chiva LS
Total Proposed Cost of Base Bid Items:
NOTE: Offerors are required to complete the Bid Sheets provided in the Pricing Volume, which provides additional breakdown of costs and pricing structure. Award is anticipated on a lump sum (LS) basis for the Contract Line Items listed above.
(End of Section B)
SECTION C – DESCRIPTION/SPECIFICATIONS
The Contractor shall furnish all labor, supervision, equipment, materials, transportation, and incidental services necessary to complete the work described in the Statement of Work and requirement documents.
All work shall be performed in accordance with the requirements of this solicitation. Except for those materials specifically identified as Government-Furnished Property (GFP), the Contractor shall provide all resources necessary to perform the work. Government-Furnished Property and Government-Furnished Materials (GFM), if applicable, are identified in the Statement of Work and the clause 52.245-2 – Government Property (Installation Operation Services) (APR 2012).
Government-Furnished Property will be provided in accordance with the quantities and descriptions specified in Section 52.245-2(e) and the Statement of Work. The Contractor is responsible for loading, hauling, handling, protection, and incorporation of all Government- Furnished Property into the work. The Contractor shall verify suitability of all GFP for intended use prior to incorporation.
Refer to applicable attachments in Section J for additional technical requirements, site information, and supporting documentation governing execution of the work.
(End of Section C)
SECTION D – PACKAGING AND MARKING
D.1.0 SUBMITTALS
All required submittals (e.g., construction schedules, product data, shop drawings, as-built drawings, inspection reports, and certifications) shall be submitted electronically via the Government-approved project management system unless otherwise directed by the Contracting Officer or specified within the requirements documents.
D.2.0 PAYMENT OF POSTAGE AND FEES
All postage and fees related to submitting information, forms, reports, etc., to the CO or the COR shall be paid by the contractor.
D.3.0 MARKINGS
All information submitted to the Contracting Officer or the Contracting Officer’s Representative shall clearly indicate the Contract Number of the contract for which the information is being submitted.
(End of Section D)
SECTION E – INSPECTION AND ACCEPTANCE
The following clauses are incorporated by reference:
52.246-12 INSPECTION OF CONSTRUCTION AUG 1996
(End of Section E)
SECTION F – DELIVERIES OR PERFORMANCE
52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984
(DEVIATION JAN
2026)
52.242-14 SUSPENSION OF WORK APR 1984
F.1.0 PERIOD OF PERFORMANCE
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 185 days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.
F.2.0 PLACE OF PERFORMANCE
The work under this contract shall be performed at the following location:
Vieques National Wildlife Refuge Vieques, Puerto Rico
F.3.0 PROGRESS PLAN & SCHEDULE
At the prework conference which will be identified after award, the Contractor shall provide to the COR a written "work progress plan" that details its proposed work force and schedule to provide for orderly completion of the work within the contract performance time. This work schedule must be acceptable to the Government. At a minimum, the schedule must reflect a work progress rate equal to the available amount of contract performance time.
(End of Section F)
SECTION G – CONTRACT ADMINISTRATION DATA
Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (February 2021)
Payment requests must be submitted electronically through the U. S. Department of the Treasury’s Invoice Processing Platform System (IPP).
“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
1. Invoice billed according to contract line items and rates.
2. Certified payrolls and Statement of Compliance in accordance with clause 52.222-8.
3. If the partial payment is billed and the invoice states a lump sum, the invoice shall include an itemized breakdown and narrative progress summary of the work performed during this invoice period.
4. If final payment is billed, the last invoice shall state “FINAL”.
5. Contractor’s Release of Claims shall be submitted with the final invoice.
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
(End of Local Clause)
(End of Section G) https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov
SECTION H – SPECIAL CONTRACT REQUIREMENTS
H.1.0 WORK HOURS
Unless otherwise specified in Section C, Statement of Work, Specifications, work hours under this contract shall be limited to the time between one-half hour before sunrise to one-half hour after sunset each day. No work will be done on Saturday, Sunday, or Federal holidays unless authorized by the COR.
H.2.0 ENVIRONMENTAL INTERRUPTION OF WORK
H.2.1 Environmental - The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions, fire danger, or because it is impracticable to work during the winter season. The Contractor will be given a resume work order which will document the date the work suspension ends. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.
H.2.2 Endangered Species - The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, are discovered to be present in or adjacent to the project area.
H.3.0 DRAWINGS
H.3.1 Reduced Size Drawings. Drawings appearing in this package may be photographically reduced in size. Accordingly, measurements and dimensions should not be taken or be based on any numerical scales shown. The Contractor may request full-size drawings from the COR.
H.4.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA
H.4.1 Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.
H.4.2 The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data the contractor will notify the Contracting Officer immediately in writing giving the location and nature of the findings.
H.4.3 Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract Clauses Section of this contract.
H.4.4 The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.
H.5.0 SUBSTITUTION – PROCESSION OF WORK
Any proposed key personnel, minimum qualifications for incoming or replacement key personnel, subcontractors, processes, procedures or materials included in the quotation are hereby incorporated into the contract. Performance shall be limited to the personnel, qualifications, firms, procedures, and materials that were specifically identified in the RFQ response. The Contractor shall obtain the Contracting Officer’s written consent before making any substitutions or changes. All substitutions or replacements shall comply with the terms and conditions of the contract.
H.6.0 ENVIRONMENTAL IMPACT
All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ); the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C.
Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.
H.7.0 HAZARDOUS MATERIALS
Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize or reduce to powder when dry. Non-friable asbestos containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation or coating.
Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR 1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.
H.8.0 GREEN PROCUREMENT REQUIREMENTS
In the performance of this service or construction contract, the Contractor shall make maximum use of products identified on the mandatory environmental purchasing list at the following links, if applicable:
• U.S. EPA Comprehensive Procurement Guidelines published at www.epa.gov/cpg/products.htm.
• USDA Biobased product listings published at www.biopreferred.gov.
• Energy Star® product listings published at www.energystar.gov/products.
• FEMP Low Standby Power product listings published at http://energy.gov/eere/femp/covered-product-categories
Contractor shall comply with all reporting requirements of the following clauses when applicable (See Clause section):
• 52.223-1 Biobased Product Certification
• 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts
• 52.223-4 Recovered Material Certification
• 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated
Items
H.9.0 UNAUTHORIZED PERSONNEL
The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to restricted areas outside of the immediate work area; excluding direct haul and access routes, contracting and Civil Engineering offices and points of supply and storage; is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.
H.10.0 DAVIS-BACON WAGE RATES APPLICABLE TO TRUCK DRIVERS
29 CFR 5.2(j) limits coverage of construction contractor or subcontractor employees performing as truck drivers under the Davis-Bacon Act (FAR 52.222-6) to only their time spent directly upon the "site of the work" or when hauling between the site of the work and a facility which is dedicated to and located in the proximity of the actual construction location. Other transportation of materials or supplies to or from the site of work by http://www.epa.gov/cpg/products.htm http://www.bioprefferd.gov/ http://www.energystar.gov/products http://energy.gov/eere/femp/covered-product-categories employees of the construction contractor or subcontractor is not “construction” at the site of work and accordingly is not subject to the Davis-Bacon Act.
H.11.0 FIRE DANGER SEASON
If the COR allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR.
(End of Section H)
SECTION I – CONTRACT CLAUSES
52.252-2 – CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52)
(End of Clause)
Clause Title Date
52.202-1 DEFINITIONS JUN 2020
52.203-3 GRATUITIES APR 1984
52.203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE
GOVERNMENT
JUN 2020
52.203-7 ANTI-KICKBACK PROCEDURES JUN 2020
52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF
FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY
MAY 2014
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR
IMPROPER ACTIVITY
MAY 2014
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN
FEDERAL TRANSACTIONS
JUN 2020
52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST JUN 2020
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS OR STATEMENTS
JAN 2017
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-
TIER SUBCONTRACT AWARDS
JUN 2020
(DEVIATION
MAR 2026)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018
(DEVIATION
MAR 2026)
52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS OCT 2016
(DEVIATION
MAR 2026)
52.204-19 INCORPORATION BY REFERENCE OF
REPRESENTATIONS AND CERTIFICATIONS
DEC 2014
(DEVIATION
MAR 2026)
52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED,
SUSPENDED, OR PROPOSED FOR DEBARMENT
JAN 2025
(DEVIATION
MAY 2026)
https://www.acquisition.gov/browse/index/far
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION
REGARDING RESPONSIBILITY MATTERS
OCT 2018
(DEVIATION
MAY 2026)
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED
DOMESTIC CORPORATIONS
NOV 2015
(DEVIATION
MAY 2026)
52.215-2 AUDIT AND RECORDS—NEGOTIATION JUN 2020
52.215-8 ORDER OF PRECEDENCE—UNIFORM CONTRACT
FORMAT
OCT 1997
52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST
OR PRICING DATA
AUG 2011
52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST
OR PRICING DATA—MODIFICATIONS
JUN 2020
52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING
DATA
OCT 2025
52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING
DATA—MODIFICATIONS
JUN 2020
52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING
DATA AND DATA OTHER THAN CERTIFIED COST OR
PRICING DATA-MODIFICATIONS
NOV 2021
52.216-7 ALLOWABLE COST AND PAYMENT—ALTERNATE I FEB 1997
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE NOV 2020
(DEVIATION
JAN 2026)
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS JAN 2025
(DEVIATION
JAN 2026)
52.219-14 LIMITATIONS ON SUBCONTRACTING OCT 2022
(DEVIATION
JAN 2026)
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM
REREPRESENTATION
JAN 2025
(DEVIATION
JAN 2026)
52.222-3 CONVICT LABOR JUN 2003
(DEVIATION
MAY 2026)
52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS
– OVERTIME COMPENSATION
MAY 2018
(DEVIATION
MAY 2026)
52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS AUG 2018
(DEVIATION
MAY 2026)
52.222-7 WITHHOLDING OF FUNDS MAY 2014
(DEVIATION
52.222-8 PAYROLLS AND BASIC RECORDS JUL 2021
MAY 2026)
52.222-9 APPRENTICES AND TRAINEES JUL 2005
(DEVIATION
MAY 2026)
52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS FEB 1988
(DEVIATION
MAY 2026)
52.222-11 SUBCONTRACTS (LABOR STANDARDS) MAY 2014
(DEVIATION
MAY 2026)
52.222-12 CONTRACT TERMINATION – DEBARMENT MAY 2014
(DEVIATION
MAY 2026)
52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE
REQUIREMENTS AND RELATED REGULATIONS
MAY 2014
(DEVIATION
MAY 2026)
52.222-14 DISPUTES CONCERNING LABOR STANDARDS FEB 1988
(DEVIATION
MAY 2026)
52.222-15 CERTIFICATION OF ELIGIBILITY MAY 2014
(DEVIATION
MAY 2026)
52.222-30 CONSTRUCTION WAGE RATE REQUIREMENTS – PRICE
ADJUSTMENT (NONE OR SEPARATELY SPECIFIED
PRICING METHOD
AUG 2018
(DEVIATION
MAY 2026)
52.222-31 CONSTRUCTION WAGE RATE REQUIREMENTS – PRICE
ADJUSTMENT (PERCENTAGE METHOD)
AUG 2018
(DEVIATION
MAY 2026)
52.222-34 PROJECT LABOR AGREEMENT JAN 2024
(DEVIATION
MAY 2026)
52.222-35 EQUAL OPPORTUNITY FOR VETERANS JUN 2020
(DEVIATION
MAY 2026)
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH
DISABILITIES
JUN 2020
(DEVIATION
MAY 2026)
52.222-37 EMPLOYMENT REPORTS ON VETERANS JUN 2020
(DEVIATION
MAY 2026)
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE
NATIONAL LABOR RELATIONS ACT
DEC 2010
52.222-50 COMBATING TRAFFICKING IN PERSONS OCT 2025
MAY 2026)
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION JAN 2025
(DEVIATION
MAY 2026)
52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS
UNDER EXECUTIVE ORDER 14026
JAN 2022
(DEVIATION
MAY 2026)
52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 JAN 2022
(DEVIATION
MAY 2026)
52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL
CONTRACTORS
APR 2026
(DEVIATION
MAY 2026)
52.223-5 POLLUTION PREVENTION & RIGHT-TO-KNOW
INFORMATION
MAY 2024
(DEVIATION
MAY 2026)
52.223-23 SUSTAINABLE PRODUCTS AND SERVICES MAY 2024
(DEVIATION
MAY 2026)
52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS OCT 2022
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES FEB 2021
52.226-7 DRUG-FREE WORKPLACE MAY 2024
(DEVIATION
MARCH
2026)
52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN
TEXT MESSAGING WHILE DRIVING
MAY 2024
(DEVIATION
MARCH
2026)
52.227-1 AUTHORIZATION AND CONSENT JUN 2020
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND
COPYRIGHT INFRINGEMENT
JUN 2020
52.227-4 PATENT INDEMNITY-CONSTRUCTION CONTRACTS DEC 2007
52.228-2 ADDITIONAL BOND SECURITY OCT 1997
52.228-5 INSURANGE-WORK ON A GOVERNMENT
INSTALLATION
JAN 1997
52.228-11 INDIVIDUAL SURETY—PLEDGES OF ASSETS FEB 2021
52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR
BONDS
DEC 2022
52.228-14 IRREVOCABLE LETTER OF CREDIT NOV 2014
52.228-15 PERFORMANCE AND PAYMENT BONDS—
CONSTRUCTION
JUN 2020
52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB 2013
OCT 2025)
52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION
CONTRACTS
MAY 2014
52.232-17 INTEREST MAY 2014
52.232-23 ASSIGNMENT OF CLAIMS MAY 2014
52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS JAN 2017
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—
SYSTEM FOR AWARD MANAGEMENT
OCT 2018
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED
OBLIGATIONS
JUN 2013
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL
BUSINESS SUBCONTRACTORS
MAR 2023
52.233-1 DISPUTES MAY 2014
52.233-3 PROTEST AFTER AWARD AUG 1996
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT
CLAIM
OCT 2004
52.236-2 DIFFERING SITE CONDITIONS APR 1984
(DEVIATION
JAN 2026)
52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING
THE WORK
APR 1984
(DEVIATION
JAN 2026)
52.236-5 MATERIAL AND WORKMANSHIP APR 1984
(DEVIATION
JAN 2026)
52.236-6 SUPERINTENDENCE BY THE CONTRACTOR APR 1984
(DEVIATION
JAN 2026)
52.236-7 PERMITS AND RESPONSIBILITIES NOV 1991
(DEVIATION
JAN 2026)
52.236-8 OTHER CONTRACTS APR 1984
(DEVIATION
JAN 2026)
52.236-9 PROTECTION OF EXISTING VEGETATION,
STRUCTURES, EQUIPMENT, UTILITIES, AND
IMPROVEMENTS
APR 1984
(DEVIATION
JAN 2026)
52.236-10 OPERATIONS AND STORAGE AREAS APR 1984
(DEVIATION
JAN 2026)
52.236-11 USE AND POSSESSION PRIOR TO COMPLETION APR 1984
JAN 2026)
52.236-12 CLEANING UP APR 1984
JAN 2026)
52.236-13 ACCIDENT PREVENTION NOV 1991
(DEVIATION
JAN 2026)
52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES APR 1984
(DEVIATION
JAN 2026)
52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984
(DEVIATION
JAN 2026)
52.236-16 QUANTITY SURVEYS APR 1984
(DEVIATION
JAN 2026)
52.236-17 LAYOUT OF WORK APR 1984
(DEVIATION
JAN 2026)
52.236-21 SPECIFICATIONS AND DRAWINGS FOR
CONSTRUCTION
FEB 1997
(DEVIATION
JAN 2026)
52.240-1 PROHIBITION ON UNMANNED AIRCRAFT SYSTEMS
MANUFACTURED OR ASSEMBLED BY AMERICAN
SECURITY DRONE ACT—COVERED FOREIGN
ENTITIES
NOV 2024
(DEVIATION
MAR 2026)
52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS NOV 2025
(DEVIATION
MAR 2026)
52.242-13 BANKRUPTCY JUL 1995
52.243-4 CHANGES JUN 2007
(DEVIATION
OCT 2025)
52.244-2 SUBCONTRACTS JUN 2020
(DEVIATION
MAY 2026)
52.244-5 COMPETITION IN SUBCONTRACTING AUG 2024
(DEVIATION
MAY 2026)
52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES
OCT 2025
(DEVIATION
MAY 2026)
52.245-1 GOVERNMENT PROPERTY--ALTERNATE I APR 2012
52.245-9 USE AND CHARGES APR 2012
52.246-21 WARRANTY OF CONSTRUCTION MAR 1994
52.248-3 VALUE ENGINEERING—CONSTRUCTION OCT 2025
52.249-2 TERMINATION FOR CONVENIENCE OF THE
GOVERNMENT (FIXED-PRICE)--ALTERNATE I
SEP 1996
52.249-3 TERMINATION FOR CONVENIENCE OF THE
GOVERNMENT (DISMANTLING, DEMOLITION, OR
REMOVAL OF IMPROVEMENTS)
APR 2012
52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) APR 1984
52.253-1 COMPUTER GENERATED FORMS JAN 1991
The following clauses are provided in full text:
1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)(DEVIATION JULY
2025)
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;
(2) Waive or agree to modification of the delivery schedule;
(3) Make any final decision on any contract matter subject to the Disputes Clause;
(4) Terminate, for any reason, the Contractor's right to proceed;
(5) Obligate in any way, the payment of money by the Government.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the
COR.
(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.
(End of clause)
1452.203-70 Restrictions on Endorsements (JUL 1996)
The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205-1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.
(End of clause)
1452.204-70 RELEASE OF CLAIMS (JUL 1996) (DEVIATION MAR 2026)
After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.
(End of clause)
1452.215-70 Examination of Records by the Department of the Interior (APR 1984)
For purposes of the Examination of Records by the Comptroller General clause of this contract (FAR 52.215-1), the Secretary of the Interior, the Inspector General, and their duly authorized representative(s) from the Department of the Interior shall have the same access and examination rights as the Comptroller General of the United States.
52.225-9 – BUY AMERICAN–CONSTRUCTION MATERIALS (OCT 2022)
(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.
https://www.acquisition.gov/far/2.101#FAR_2_101
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 https://www.acquisition.gov/far/25.105#FAR_25_105 or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives.
The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.
Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.
"United States" means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference.
(1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:
______________NONE____
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-
(i)The cost of domestic construction material would be unreasonable.
(A) For domestic construction material that is not a critical item or does not contain critical components.
(1)The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;
http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/12.505#FAR_12_505
(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.
(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:
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
[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]
[Include other applicable supporting information.]
[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]
(End of Clause)
1452.228-70 Liability Insurance (JUL 1996)
(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:
$1,000,000 each person*
$2,000,000 each occurrence*
$1,000,000 property damage*
(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.
*These amounts to be set by the Contracting Officer.
52.245-2 – GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES
(APR 2012)
(a) This Government Property listed in paragraph (e) of this clause is furnished to the Contractor in an “as-is, where is” condition. The Government makes no warranty regarding the suitability for use of the Government property specified in this contract. The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation.
(b) The Government bears no responsibility for repair or replacement of any lost Government property. If any or all of the Government property is lost or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense. The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance.
(c) Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance.
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