Sol_140P2123R0014.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040610483

NPS, WASO - WCP Contracting

P.O.Box 25287 MS WCP

Denver CO 80225

PWA

Submit by email to sarah_welch@nps.gov per instructions in Section L.

Sarah Welch 202-354-3974

1x 04/11/2023

140P2123R0014

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

Request for Proposals #140P2123R0014 is to conduct a removal action under the

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to remove asbestos-containing materials from a contaminated site on St. John, U.S.

Virgin Islands.

a) This procurement is 100% set-aside for small business concerns in accordance with

FAR Part 19.5.

b) The North American Industrial Classification System (NAICS) code and the associated small business size standard are noted in provision 52.204-8 in Section K of this solicitation.

c) All work will be performed under a single firm-fixed-price construction contract.

d) In accordance with FAR 36.204, the estimated magnitude of this construction project is between $500,000 and $1,000,000.

e) The time zone in Block 13a is Pacific.

f) Pre-proposal site visit: Refer to Section L.

g) Block 11 information: On-site activities must be complete by 10/6/2023. Refer to

Section F, FAR clause 52.211-10, and attachments.

Instructions: To complete this SF1442, write the business name, address, UEI (unique

Continued ...

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, 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.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 0 calendar days and complete it within ________________ ________________ calendar days after receiving

10 g) (above).

05/23/2023

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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 by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

NPS, WASO - WCP Contracting P.O.Box 25287 MS WCP

Denver CO 80225

PWA

Sarah Welch

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish 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, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 36

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P2123R0014 entity identifier), and point of contact in Block

14 and complete Blocks 15 through 20C, including acknowledging all amendments in Block 19.

Complete Price Schedule and return with documents listed in Section L.

Additional instructions are provided in Section

L. Blank price schedule and other required and optional forms are hyperlinked from the solicitation at SAM.gov.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Conduct NTCRA under CERCLA at Caneel Bay Resort Virgin Islands NP

SECTION A: Solicitation/contract form (Standard Form 1442) (Pages 1-3)

SECTION B: Supplies or services and prices/costs

CONTRACT PRICE SCHEDULE

All work shall be performed in accordance with the attached work plan, specifications, and wage requirements. Refer to Attachment 2 for line item definitions.

Contract Line Item Price

1: Removal and disposal of ACM debris listed in Attachment 2, Table 1 (approximately 160 cubic yards) (lump sum) $_________________

The Government reserves the right to unilaterally award any or no options at or after time of award.

See Paragraphs H.6 and M.1 C for details. Options may be exercised multiple times.

Option A – Sea and overland transport of ACM to disposal facility (lump sum per shipping container). Size of container: $_________________

Option B – Remove and dispose of additional ACM debris (per ton) $_________________

SECTION C: Specifications/Drawings

Project Location: Virgin Islands National Park, U.S. Virgin Islands

The contractor shall perform all work in accordance with the documents listed in Section J, which are attached and incorporated into this solicitation/contract. The work is a non-time critical removal action (NTCRA) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§9601 et seq. at Caneel Bay Resort on St. John. The contractor will remove asbestos-containing materials (ACM) that are scattered across the Site, generally around buildings with moderate to major hurricane damage, miscellaneous debris piles, and other areas where waste is stored.

The contractor will implement a previously-developed NTCRA work plan (WP) to remove, transport, and dispose of the ACM at appropriate disposal facilities.

The site is very remote, located on the island of St. John, U.S. Virgin Islands (USVI), which can only be accessed by first flying to St. Thomas, then catching a ferry or vehicle barge to St. John. All equipment/materials/supplies sent to and from the USVI must clear U.S. Customs. The excavated materials that contain hazardous substances will have to be shipped off island to the continental U.S. for

52.252-2 FAR Clauses Incorporated By Reference (Feb 1998) This contract incorporates one or more Federal Acquisition Regulation (FAR) and Department of the Interior Acquisition Regulation (DIAR) 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 these addresses:

FAR - https://www.acquisition.gov/?q=browsefar DIAR - https://www.ecfr.gov/current/title-48/chapter-14 Clauses that are from the DIAR begin with “14”.

https://www.acquisition.gov/?q=browsefar disposal.

SECTION D: Packaging and Marking (not used)

SECTION E: Inspection and Acceptance

52.246-12 Inspection of Construction. (AUG 1996) 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (Aug 1996)

SECTION F: Deliveries or Performance

52.211-18 Variation in Estimated Quantity (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.242-14 Suspension of Work. (APR 1984)

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) Alternate 1 (APR 1984) 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 (NTP), (b) prosecute the work diligently, and (c) complete the entire work not later than November 30, 2023. The time stated for completion shall include final cleanup of the premises. The completion date is based on the assumption that the successful offeror will receive the notice to proceed by July 28, 2023. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer. (End of clause) Addendum: On-site removal activities, including all ACM delivered to customs/shipper for sea transport to mainland, must be complete by 10/06/23. All mainland transportation, disposal, and documentation must be complete within 30 days after departure from USVI.

Period of Performance Dates and Seasonal Conditions Although NPS does not intend to suspend work during contract performance, seasonal weather conditions may restrict the contractor’s on-site activities. The Contractor’s schedule of field activities and work sequence should take into account historic weather patterns and the site restrictions in Attachment 1, Section 01 11 00, Summary of Work.

SECTION G: Contract Administration Data

1452.201-70 Authorities and Delegations (SEPT 2011)

(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)

Addendum: The government is contracting for oversight services. This contractor will fulfill Project Monitor roles and responsibilities as listed in the project specifications and Work Plan (Attachment 2).

Contractor shall communicate and coordinate actions with Project Monitor, COR, and CO. The Project Monitor is not authorized to perform the actions listed in (c)(1) through (c)(5) above.

1452.204-70 Release of Claims—Department of the Interior (JUL 1996) 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)

G.1 Appointment of Contractor Project Manager Prior to commencement of work on this contract, the contractor shall provide to the Contracting Officer and COR the name and telephone number of the assigned Project Manager (PM) who will respond to operational problems and/or emergencies on a daily basis. The contractor agrees that notice to the designated representative shall constitute notice to the contractor and agrees to be bound by any commitments or representations made by the PM. (End of clause)

G.2 Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) (April 2013) Payment requests must be submitted electronically through the U.S. Department of the Treasury's Internet Payment Platform System (IPP; https://www.ipp.gov).

"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 (upload your business invoice as an attachment to the IPP invoice before you click “submit” in IPP):

1. Contractor’s standard business invoice,

2. Signed certification required by FAR clause 52.232-5 (for progress payment requests only),

3. Schedule of values for work being invoiced, and

4. If submitting a final invoice, also upload the signed Release of Claims form.

Contractor’s failure to attach the required documentation as specified above will result in the IPP invoice being rejected and cause a delay in payment.

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 clause)

G.3a Contractor Performance Assessment. Applies if contract award is less than $750,000.

The Contracting Officer may elect to enter an assessment report in the Contractor Performance Assessment Reporting System (CPARS) upon completion of the work to document particularly high or low quality work, as described in FAR 42.1502. The evaluation would include clear relevant information that accurately depicts the contractor’s performance and be based on objective facts supported by program and contract performance data. If an evaluation report is entered in CPARS, the contractor will be notified and have the opportunity to comment on the evaluation in CPARS.

G.3b Notice to Contractors - Contractor Performance Assessment Reporting System (Dec 2015).

Applies if contract award exceeds $750,000.

1. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3. We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 10 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO).

Information in the report must be protected as source selection sensitive information not releasable to the public.

4. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

b. Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

c. All information provided should be reviewed for accuracy prior to submission.

d. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e. Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

6. The following guidelines apply concerning your use of the past performance evaluation:

a. Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

b. Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

8. A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of clause)

G.4 NPS Contact Information Contracting Officer: Sarah Welch 360-854-7385 sarah_welch@nps.gov Contracting Officer’s Representative: LCDR Kelly Kachurak 404-883-0738 Kelly_Kachurak@nps.gov

SECTION H: Special Contract Requirements

H.1 Wage Determination This contract will be performed in a location that is not covered by the Contract Wage Rate Requirements Statute (CWRRS, formerly known as the Davis-Bacon Act). However, Executive Order 14026, Increasing the Minimum Wage for Federal Contractors, applies to the contract since it is in connection with federal property or lands related to offering services for Federal employees, their dependents, or the general public. The contractor must pay all covered workers at least $16.20 per hour for all hours spent performing on the contract. Additional information is at Frequently Asked Questions: Minimum Wage EO 14026: Increasing the Minimum Wage for Federal Contractors | U.S. Department of Labor (dol.gov), Government Contracts Compliance Assistance | U.S. Department of Labor (dol.gov), and SAM.gov.

Attachment 3 is provided for reference only.

H.2 Progress Meetings The Contracting Officer may convene periodic progress meetings; the contractor will attend in person, by https://www.dol.gov/agencies/whd/government-contracts/eo14026/frequently-asked-questions#contract_coverage-7 https://www.dol.gov/agencies/whd/government-contracts/eo14026/frequently-asked-questions#contract_coverage-7 https://www.dol.gov/agencies/whd/government-contracts https://sam.gov/wage-determination/VI20230002/0 phone, or by videoconference. The Contracting Officer will provide specific details regarding the date, time, and location of the conferences, any need for attendance by subcontractors, and information regarding the items to be discussed.

H.3 Interpretations of Contract: Notice of Ambiguities This written contract and any and all identified writings or documents incorporated by reference herein or physically attached hereto constitute the parties' complete agreement and no other prior or contemporaneous agreements either written or oral shall be considered to change, modify, or contradict it.

The Contractor shall notify the Contracting Officer upon discovery of any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated herein.

H.4 Conduct of Operations At all times the Contractor shall conduct their organization in conformance with the rules and regulations promulgated by the Secretary of the Interior for the National Park Service, and with such appropriate regulations as the Superintendent may prescribe. The park compendium is available at Compendium - Virgin Islands National Park (U.S. National Park Service) (nps.gov); this document is updated annually;

the contractor must comply with the compendium in effect at the time on-site work occurs.

In addition, work on Saturdays, Sundays, Federal holidays or at night may be performed only with the prior consent of the Contracting Officer. No signs or advertisements (except those specified herein) shall be displayed on the construction site or within the park except with prior approval of the Contracting Officer. Rowdy, disruptive behavior and/or sexual harassment will not be tolerated and the offending individual(s) will be removed from the site. Amplified playing of music or talk programs is prohibited on site or in buildings.

H.5 Limitations on Subcontracting Requirements The small business prime contractor agrees to pay not more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 85 percent subcontract amount that cannot be exceeded. Refer to Paragraph (e)(3) of FAR clause 52.219-14, Limitations on Subcontracting (OCT 2022) (DEVIATION OCT 2022). Prior to submitting the final invoice, the contractor shall complete and submit a report demonstrating compliance with the clause. Non-compliance with the limitations on subcontracting requirements will be noted in the CPARS evaluation (see G.3a and G.3b).

H.6 Option for Additional Services—Separately Priced Line Items The Government may, at its sole discretion, require the performance of any or all of the items identified in the Schedule as options at the price negotiated in the contract Schedule. The Government reserves the right to award any or no options at the time of award. Options may be exercised in any combination, order, or grouping deemed in the judgment of the Contracting Officer to offer the best value to the Government. The Contracting Officer may unilaterally exercise the option(s) by written notice to the Contractor any time up to 15 days prior to demobilization from the Site. Each option may be exercised multiple times.

H.7 Archeological Findings Petroglyphs, artifacts, burial grounds or remains, structural features, ceremonial, domestic, and archeological objects of any nature, historic or prehistoric, found within the construction area, are the property of and will be removed only by the Government. Should Contractor's operations uncover or their https://www.nps.gov/viis/learn/management/compendium.htm https://www.nps.gov/viis/learn/management/compendium.htm employees find any archeological remains, Contractor shall suspend operations at the site of discovery;

notify Contracting Officer immediately of the findings; and continue operations in other areas. Included with the notification shall be a brief statement of the location and details of the findings. Should the temporary suspension of work at the site result in delays, or the discovery site require archeological studies resulting in delays or additional work for Contractor, s/he will be compensated by an equitable adjustment under the General Provisions of the Contract.

H.8 Infectious Disease Preparedness and Response – Coronavirus Pandemic (COVID-19) Working in a Federal building or Federally controlled indoor workspaces: In order to take steps to prevent the spread of COVID-19 and to protect the health and safety of all Federal employees, onsite contractors, visitors to Federal buildings or Federally controlled indoor workspaces, and other individuals interacting with the Federal workforce, employees under the subject contract who are required to work on site in Federal buildings or Federally controlled indoor worksites must comply with requirements at https://www.saferfederalworkforce.gov/overview/.

SECTION I: Contract Clauses

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) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (JUN 2020) 52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements (JAN 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUN 2020) 52.204-13 System for Award Management Maintenance. (OCT 2018) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (NOV 2021) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) https://www.saferfederalworkforce.gov/overview/

52.215-2 Audit and Records—Negotiation (JUN 2020) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 52.215-17 Waiver of Facilities Capital Cost of Money (Oct 1997) [Will be included in the contract only if the prospective contractor does not propose facilities capital cost of money in its offer. Refer to provision 52.215-16 in Section L.1.]

52.215-19 Notification of Ownership Changes (OCT 1997) 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing

Data—Modifications (NOV 2021) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns. (OCT 2022) 52.219-28 Post-Award Small Business Program Rerepresentation. (MAR 2023) 52.222-3 Convict Labor. (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (MAR 2018) 52.222-6 Construction Wage Rate Requirements (AUG 2018) 52.222-7 Withholding of Funds. (MAY 2014) 52.222-8 Payrolls and Basic Records. (JUL 2021) 52.222-9 Apprentices and Trainees. (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) 52.222-11 Subcontracts (Labor Standards). (MAY 2014) 52.222-12 Contract Termination - Debarment. (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. (MAY

2014) 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (MAY 2014) 52.222-21 Prohibition of Segregated Facilities. (APR 2015) 52.222-26 Equal Opportunity. (SEP 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) 52.222-35 Equal Opportunity for Veterans. (JUN 2020) 52.222-36 Affirmative Action for Workers with Disabilities. (JUN 2020) 52.222-37 Employment Reports on Veterans. (JUN 2020) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010) 52.222-50 Combating Trafficking in Persons. (NOV 2021) 52.222-54 Employment Eligibility Verification. (MAY 2022) 52.222-55 Minimum Wages Under Executive Order 14026 (JAN 2022) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP

2013) 52.223-3, Alt. 1 Hazardous Material Identification and Material Safety Data (FEB 2021), Alternate 1

(JUL 1995)

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items. (MAY 2008) 52.223-15 Energy Efficiency in Energy-Consuming Products (MAY 2020) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

(AUG 2018)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (JUN 2020) 52.223-20 Aerosols. (JUN 2016) 52.223-21 Foams (JUN 2016) 52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021) 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) 52.227-17 Rights in Data-Special Works (DEC 2007) 52.228-2 Additional Bond Security. (OCT 1997) 52.228-5 Insurance - 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. (MAY 2014) 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) 52.232-5 Payments under Fixed-Price Construction Contracts. (JUN 2020) 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, Alt. 1. (MAY 2014), Alternate 1 (DEC 1991) 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) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.236-5 Material and Workmanship. (APR 1984) 52.236-6 Superintendence by the Contractor. (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-8 Other Contracts. (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR

1984) 52.236-10 Operations and Storage Areas. (APR 1984)

52.236-11 Use and Possession Prior to Completion. (APR 1984) 52.236-12 Cleaning Up. (APR 1984) 52.236-14 Availability and Use of Utility Services. (APR 1984) 52.236-17 Layout of Work. (APR 1984) 52.236-21 Specifications and Drawings for Construction. (FEB 1997) 52.236-26 Preconstruction Conference. (FEB 1995) 52.242-13 Bankruptcy. (JUL 1995) 52.243-4 Changes. (JUN 2007) 52.244-6 Subcontracts for Commercial Products and Commercial Services. (MAR 2023) 52.246-21 Warranty of Construction. (MAR 1994) - Alternate I (APR 1984) 52.248-3 Value Engineering - Construction. (OCT 2020) 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate I (SEP

1996) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.252-6 Authorized Deviations in Clauses (NOV 2020)

(b) Department of the Interior (48 CFR 14) 52.253-1 Computer Generated Forms. (JAN 1991) 1452.215-70 Examination of Records by the Department of the Interior (APR 1984)

52.219-14 Limitations on Subcontracting. (OCT 2022) (DEVIATION OCT 2022)

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

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and

16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in

19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or

19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

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

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees to the following requirements in the performance of a contract assigned a North American Industry Classification System (NAICS) code applicable to this contract:

(1) Services (except construction). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(i) The following services may be excluded from the 50 percent limitation:

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

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

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(3) General construction. It will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded.

(4) Construction by special trade contractors. It will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause –

[Contracting Officer check as appropriate.] _x_ By the end of the base term of the contract and then by the end of each subsequent option period; or __ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small

Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions. (End of clause)

52.225-9 Buy American - Construction Materials. (NOV 2021)

(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.

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 55 percent of the cost of all its components. 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 https://www.acquisition.gov/far/part-2#FAR_2_101

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

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

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

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (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 item or to the construction materials or components listed by the Government as follows:

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

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

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

(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…