Sol_140P4226R0005.pdf
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- Attached to
- INDE-CONGRESS HALL MASONRY (CONSTR) Federal contract opportunity
- Solicitation number
- 140P4226R0005
About this file
This is a federal construction solicitation (Solicitation No. 140P4226R0005) issued by the National Park Service for rehabilitation masonry work at Independence National Historical Park's Congress Hall in Philadelphia, Pennsylvania.
The Government seeks a single firm-fixed-price contract for chimney reinforcement and repointing, masonry repairs, gutter corrections, and internal grouting of chimneys at Congress Hall. The work includes chimney scoping assessments, removal and reinstallation of chimney caps, internal flue repairs using light-weight cast-in-place cementitious methods, vent tube installation, and repointing of six chimneys. Two option line items provide additional masonry repair work (up to 894 square feet) and unit pricing for internal grouting (up to 250 linear feet). This is a competitive total small business set-aside with a NAICS code 238140 (Masonry Contractors) and $19 million size standard. The estimated project magnitude is $1,000,000 to $5,000,000. Davis Bacon wage rates apply (Wage Determination PA20260004). The contract commencement is within 10 calendar days of notice to proceed, with 477 calendar days allowed for completion. Performance and payment bonds equal to 100 percent of the contract price are required within 10 calendar days of award. Offers are due by May 10, 2027, at 1700 hours local time, with a 90-day Government acceptance period. An organized site visit is scheduled for April 14, 2026, at 10:00 AM at Congress Hall, 143 South 3rd Street, Philadelphia, PA 19106. Technical questions must be submitted by April 20, 2026. The Government will conduct source selection using the Lowest Price Technically Acceptable Process, evaluating proposals on past project experience, construction schedule and narrative, proposed personnel qualifications, and price fairness and reasonableness. Offerors must be registered in SAM with active status and demonstrate small business status at time of submission, award, and throughout contract performance.
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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
140P4226R0005
DOI, NPS, NERO & NER SOUTH MABO
National Park Service Northeast Regional Contracting South/Philadelphia MABO 1234 Market Street, 20th Floor Philadelphia PA 19107
0044036336
PNC
Wendy De Leon 6172425681
04/06/2026
05/10/2027
10 477
FAR 52.211-10
Attachment 1 Specifications, Dated 12/19/2024, (Rev. 01/14/2026), 360 Pages
Attachment 2 Drawings, Dated 12/19/2024, (Rev. 03/11/2026), 15 Pages
Attachment 3 Wage Determination PA20260003, Dated 01/02/2026, 12 Pages
Attachment 4 140P4226R0005 Price Schedule, 2 Page
Attachment 5 140P4226R0005 Limitation on Subcontracting Report, 1 Page
1 67
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.
DOI, NPS, NERO & NER SOUTH MABO
National Park Service Northeast Regional Contracting South/Philadelphia MABO 1234 Market Street, 20th Floor Philadelphia PA 19107
PNC
Wendy De Leon
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
PROCUREMENT TYPE: The Government anticipates awarding a single firm-fixed price contract to meet this requirement. This firm-fixed price contract is contract will be awarded using lowest price technically acceptable as the source selection process in accordance with FAR
Part 15.101-2. Accordingly, we are requesting you review the information within the solicitation and attachments.
SET-ASIDE TYPE: This is a competitive total small business set-aside acquisition. All responsible sources may submit an offer for consideration in accordance with these and other terms and conditions of the anticipated solicitation.
NAICS CODE: 238140 Masonry Contractors, size standard of $19M.
MAGNITUDE: In accordance with FAR 36.204, the project magnitude is estimated to be between
$1,000,000 and $5,000,000.
WAGE RATES: Davis Bacon General Wage Decision
Number: PA20260004, County: Pennsylvania;
Construction Type: Building
SITE VISIT: An organized site visit has been scheduled for Tuesday April 14, 2026 at 10:00
AM
For firms interested in attending a site visit, parties will meet on local time at the above address. Attendees must submit name to wendy_deleon@nps.gov and holly_boyer@nps.gov.
Delivery Location Code: 0011283495
NPS, Independence NHP
Independence Natl. Hist. Park
143 S. 3rd. Street
Philadelphia PA 19106 US
Period of Performance: 09/15/2026 to
01/05/2028
00010 Reinforce/Repoint Chimneys
Product/Service Code: Z2QA
Product/Service Description: REPAIR OR
Continued...
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)
ALTERATION
OF RESTORATION OF REAL PROPERTY (PUBLIC OR
PRIVATE)
Delivery: 01/05/2028
00020 Masonry & Gutter Repairs
Product/Service Code: Z2QA
Product/Service Description: REPAIR OR
ALTERATION
OF RESTORATION OF REAL PROPERTY (PUBLIC OR
PRIVATE)
Delivery: 01/05/2028
00030 Internal Grouting
Product/Service Code: Z2QA
Product/Service Description: REPAIR OR
ALTERATION
OF RESTORATION OF REAL PROPERTY (PUBLIC OR
PRIVATE)
Delivery: 01/05/2028
00040 Option 1: Additional Masonry Repair
NTE 894 SF
(Option Line Item)
Anticipated Exercise Date 200
Product/Service Code: Z2QA
Product/Service Description: REPAIR OR
ALTERATION
OF RESTORATION OF REAL PROPERTY (PUBLIC OR
PRIVATE)
Delivery: 01/05/2028
00050 Option 2: Unit Price for Internal Grouting
NTE 250 LF
(Option Line Item)
Anticipated Exercise Date 200
Product/Service Code: Z2QA
Product/Service Description: REPAIR OR
ALTERATION
OF RESTORATION OF REAL PROPERTY (PUBLIC OR
PRIVATE)
Delivery: 01/05/2028
Continued...
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)
POC Holly Boyer holly_boyer@nps.gov
267-234-3344
Solicitation No.
Document Title PARK PMIS 320146A – INDE Rehabilitate Congress Hall Masonry
TABLE OF CONTENTS
PART I – THE SCHEDULE ………………………………………………………………………………6
SECTION A – SOLICITATION / CONTRACT FORM……………………………………………….6
SECTION B – BID SCHEDULE……………………………………………………………………….. 7
SECTION C – SPECIFICATIONS / DRAWINGS…………………………………………………….8
SECTION D – PACKAGING AND MARKING……………………………………………………… 9
SECTION E – INSPECTION AND ACCEPTANCE…………………………………………………. 10
SECTION F – DELIVERIES OR PERFORMANCE…………………………………………………. 11
SECTION G – CONTRACT ADMINISTRATION DATA…………………………………………….. 12
SECTION H – SPECIAL CONTRACT REQUIREMENTS………………………………………….. 16
PART II – CONTRACT CLAUSES………………………………………………………………………. 17
SECTION I – CONTRACT CLAUSES…………………………………………………………………17
PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS…………………...25
SECTION J – LIST OF ATTACHMENTS…………………………………………………………….. 25
PART IV – REPRESENTATIONS AND INSTRUCTIONS……………………………………………..26
SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS
OF OFFERORS…………………………………………………………………………………………. 26
SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS……………….38
SECTION M – EVALUATION FACTORS FOR AWARD……………………………………………47
PART I – THE SCHEDULE
SECTION A – SOLICITATION / CONTRACT FORM
Solicitation, Offer, and Award (SF-1442) - pages 1- 4 of this package
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):
http://www.acquisition.gov http://www.acquisition.gov/
SECTION B – BID SCHEDULE
Offerors are required to submit, at a minimum, an offer that conforms to the solicitation documents with pricing for Base line items and all option line items. Offeror shall complete Attachment 3 - Price Schedule; failure to do so may render the proposal unacceptable. If no specific line item exists for a portion of the work, include the costs in a related item. In case of error in calculation of extended prices, the unit price governs. In case of summation error, the total corrected amounts govern. Round totals & extended prices to whole dollars. Refer to section “H” of this solicitation for additional information regarding contract options.
CONTRACT PRICE SCHEDULE TEMPLATE
CONTRACT
LINE ITEM
NUMBER (CLIN)
CONTRACT LINE ITEM (CLI)
TITLE QUANTITY
UNIT OF
MEASURE TOTAL PRICE
Reinforce Two Chimneys and Repoint Six Chimneys 1 Job
20 Gutter Corrections 1 Job 30 Internal Grouting Four Chimneys 1 Job
TOTAL BASE PRICE (Contract Line Item Number 10 through 30) ---------------------------------
Optional Line item 1: Additional Masonry Repair 1
Job
Optional Line item 2: Unit Price for Internal Grouting 1 Job
TOTAL PRICE FOR ALL OPTIONS (Contract Line Item Numbers 40 through 50) -------------
TOTAL PROPOSED PRICE - BASE PLUS ALL OPTIONS (Contract Line Item Numbers 10 through 80)
SECTION C – SPECIFICATIONS/DRAWINGS
Project Location: Independence National Historical Park, Congress Hall, S 6th Street and Chestnut Street, Philadelphia, PA 19106 project description:
This project will include the following but is not limited to performing chimney scoping assessment of flues at Chimney 1 and 2. Removal and reinstallation of chimney caps. Reinforcing Chimney 1 and Chimney 2, performing internal flue repairs to stabilize the existing masonry below the roofline utilizing light-weight cast-in-place cementitious flue lining methods for Chimney 1 and 2. Assume base grouting depth to be seven (7) feet below the roofline. Adding vent tubes to all six chimneys and repointing all six chimneys. Work on east side of the building to be performed with scaffolding. Work on west side of the building to be performed with a lift. Also includes gutter correction and internal grouting of four chimneys.
There are for optional line items
1. Repair Interior Plaster Damage
2. Repair and Reset Stone Steps at North and East Entrance.
3. Additional Masonry Repair.
4. Priority Masonry, Gutters, Flashing and Roofing Repair.
Specifications and drawings are attached and incorporated herein by reference. Refer to section J.
SECTION D – PACKAGING AND MARKING
No clauses included
SECTION E – INSPECTION AND ACCEPTANCE
52.246-12 Inspection of Construction (Aug 1996)
SECTION F – DELIVERIES OR PERFORMANCE
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (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, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 477 calendar days after the date the Contractor receives the notice to proceed. 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 09/15/2026. 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)
52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS. (APR 1984) (DEVIATION JAN 2026)
(a)(1) Within five days after the work commences on the contract or another period of time determined by the Contracting Officer, the Contractor shall prepare and submit to the Contracting Officer for approval a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the work (including acquiring materials, plant, and equipment).
(2) The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period.
(3) If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.
(b) The Contractor shall continually update the actual progress in the schedule and shall submit it to the Contracting Officer by the means prescribed in the contract for transmittals or as directed by the Contracting Officer.
(c)(1) If the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to recover lost time and execute in accordance with the approved schedule, without additional cost to the Government.
(2) Such steps may include increasing the number of shifts, overtime operations, days of work, and/or the amount of construction plant.
(3) The Contractor shall submit, for approval, supplementary schedule(s) that demonstrate how the lost time will be recovered.
(d) If the Contractor does not recover the lost time, the Contracting Officer may determine that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract.
Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.
52.242-14 SUSPENSION OF WORK (APR 1984)
SECTION G – CONTRACT ADMINISTRATION DATA
(a) Contact Information:
Contracting Officer administrating the Contract:
Wendy DeLeon
Contracting Officer National Park Service ConOps East, PA MABO Telephone No. (617) 599-4957 Email: wendy_deleon@nps.gov
(b) The Contracting Officer (CO) is the only person authorized to approve changes or modify any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CO. In the event the contractor effects any such change at the direction of any person other than the CO, the change will be considered made without authority and no adjustment will be made in the contract price to cover increase in costs incurred as a result thereof.
(c) Contractual problems, of any nature, which might occur during the life of the contract, must be handled in conformance with very specific public laws and regulations (e.g., Federal Acquisition Regulation), and must be referred to the CO for resolution. Only the CO is authorized to formally resolve such problems. Therefore, the contractor is hereby directed to bring all such contractual problems to the immediate attention of the CO.
(d) Any request for contract changes/modifications shall be submitted to the CO.
(e) The contractor and the Government may agree to perform a no-cost field change. Field changes are made when the change appears to be mutually beneficial to all parties and would not require changing the negotiated line items. All field changes must be approved by the CO prior to execution.
(f) All correspondence concerning this contract, such as requests for information (RFI), explanation of terms, and contract interpretation, shall be submitted to the CO.
FINAL PAYMENT
Final payment will be made only after receipt of all payrolls to include subcontractors, SF 1413 Statement of Acknowledgement for each subcontractor, project schedule, updated progress reports, material submittals, test reports, as-built drawings, warranty of construction, release of claims and any other documents requested by the contracting office as applicable. Contractor must provide a signed copy of the 'Release of Claims' to the Contract Administrator upon submittal of final invoice.
AVAILABILITY OF UTILITIES SERVICES
Notwithstanding the provisions of contract clause FAR 52.236-14, Availability and Use of Utility Services, all reasonable required amounts of water, gas, electricity, etc., essential to contract performance shall be made available, at no cost to the contractor, from existing systems, outlets, and supplies. All temporary connections, outlets, and distribution lines as may be required will be installed by the contractor at the contractor's own expense.
UTILITIES CONSERVATION
The contractor will be required to participate in government energy conservation programs. For the purpose of this contract, utilities such as water, electricity, etc., will be furnished by the government at no cost to the contractor.
OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA) INSPECTIONS
The contractor shall be subject to inspections under the OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA) program by inspectors of the Department of Labor.
mailto:wendy_deleon@nps.gov
INTERIM AND FINAL INSPECTIONS
1. Prior to covering, enclosing, or hiding any of type work, the Contractor must contact the Government representative to perform an interim inspection. Failure to contact the Government representative perform an interim inspection prior to concealment may result in the Contractor being required to uncover performed work sufficiently to allow for proper inspection.
2. When ready for final inspection, the Contractor shall notify the CO and COR, requesting a final inspection in writing to the CO. The final inspection shall normally be requested a minimum of three (3) calendar days before the desired date or as otherwise negotiated with the Contracting Officer.
3. The final inspection will be onsite with the Contractor, the Contracting Officer’s Representative, and Contract
Specialist/Contracting Officer (when possible).
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.
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)
NOTICE TO CONTRACTORS - CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (DEC 2015)
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 30 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.
https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.cpars.gov/ https://www.cpars.csd.disa.mil/ https://www.cpars.gov/
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 Notice)
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 [Contracting Officer to edit and include the documentation required under this contract]:
1. Completed copy of the COR’s final Construction Payment Request Checklist (Submit only with the formal submittal to IPP)
2. Completed copy of the Pay Estimate Form (including signed certification of subcontractor payments)
3. Completed copy of the Limitations on Subcontracting Report (Include if acquisition is being set-aside and clause 52.219-14 is included)
4. Information required by contract clause 52.232-27, Prompt Payment for Construction Contracts
5. A copy of the current construction schedule
6. A copy of the current Schedule of Values.
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)
Construction Contract Administration Federal Acquisition Regulation (FAR) 36.211(b) requires agencies provide description of policies and procedures that apply to definitization of equitable adjustments for change orders under construction contracts and data on the time required to definitize equitable adjustments for change orders under construction contracts. This information can be found at: https://www.doi.gov/pam/acquisition/policy/constructioncontract.
https://www.ipp.gov/ https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov https://www.doi.gov/pam/acquisition/policy/constructioncontract
SECTION H – SPECIAL CONTRACT REQUIREMENTS
SPECIAL REQUIREMENT 1: OPTION FOR ADDITIONAL SERVICES—SEPARATELY PRICED LINE ITEMS The Government may require the delivery of the numbered line items identified in the Schedule as option items at the price stated in the Schedule. The Contracting Officer may unilaterally exercise the option by written notice to the Contractor within 200 days after contract award. Performance of added line-item tasks shall be at the price negotiated in the contract Schedule.
SPECIAL REQUIREMENT 2: PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA
1. The Historic and Archeological Data Preservation Act of 1974, provides for the preservation of historical and archeological data that might otherwise be lost as the result of alterations to the terrain caused by a federal or federally licensed activity or program.
2. If, in connection with operations under this contract, the Contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any possible historical or archeological data, objects or sites of cultural value on the project area, such as historical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the Contracting Officer in writing, giving the location and nature of the findings. No objects of cultural resource value may be removed.
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 Changes clause.
4. The Contractor will be responsible for protecting the cultural resources within the affected area from damage. In addition, the contractor will be liable for all damage to the identified cultural resources caused by their actions or the actions of their agents or representatives. The Contractor shall immediately notify the Contracting Officer or his representative if any damage occurs to any cultural resource and immediately suspend work in the area in which damage has occurred until authorized to proceed.
SPECIAL REQUIREMENT 3: NOTIFICATION OF SUBCONTRACTING
The contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall be provided on Standard Form 1413 and must include as a minimum:
(a) Prime Contract Number and Subcontract Number (if applicable)
(b) The name and address of the Prime Contractor.
(c) The name and address of the subcontractor.
(d) The date upon which the subcontract was entered into and its duration.
(e) A detailed description of the work being subcontracted.
(f) Project Name and Location of Work.
(g) Identify the names of any intermediate subcontractors (if applicable)
(h) Must be signed by both Prime Contractor and Subcontractor
(End of Notice)
SPECIAL REQUIREMENT 4: SYSTEM FOR AWARD MANAGEMENT (SAM) NOTIFICATION
System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, and paragraph (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Agencies will not consider or use these representations. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.
PART II – CONTRACT CLAUSES
SECTION I – CONTRACT CLAUSES
CLAUSES INCORPORATED BY REFERENCE
The following contract clauses pertinent to this section are incorporated by reference (by Citation Number, Title, and Date) per the clause at FAR “52.252-2 CLAUSES INCORPORATED BY REFERENCE” in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to a clause’s full text.
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 (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)
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 (DEC 2023)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES AND EQUIPMENT (NOV 2021)
52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUNE 2023)
52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUB-CONTRACTING WITH CONTRACTOR’S
DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT, VOLUNTARILY EXCLUDED (JAN 2025)
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)
52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)
52.215-2 AUDIT AND RECORDS-NEGOTIATIONS (JUN 2020)
52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997)
52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED
COST OR PRICING DATA—MODIFICATIONS (NOV 2021) ALT IV (OCT 2010)
52.219-3 NOTICE OF HUBZONE SET-ASIDE OR SOLE-SOURCE AWARD (OCT 2022)
52.222-3 CONVICT LABOR (JUN 2003)
52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS-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)
52.222-10 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 REQUIRMENTS AND RELATED REGULATIONS
(MAY 2014)
52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)
52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)
52.222-36 EQUAL OPPORTUNITY 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 (JAN 2025)
52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022)
52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)
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)
52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (MAY 2024)
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 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (DEC 2022)
52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)
52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)
52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (FEB 2021)
52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)
52.232-16 PROGRESS PAYMENTS (NOV 2021)
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 CONTRACTORS (MAR 2023)
52.233-1 DISPUTES (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)
52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)
52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)
52.240-1 PROHIBITION ON UNMANNED AIRCRAFT SYSTEMS MANUFACTURED OR ASSEMBLED
BY AMERICAN SECURITY DRONE ACT-COVERED FOREIGN ENTITIES (NOV 2024)
52.242-13 BANKRUPTCY (JUL 1995)
52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)
52.248-3 VALUE ENGINEERING – CONSTRUCTION (OCT 2020)
52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012), ALT 1 (SEP
1996)
52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)
52.253-1 COMPUTER GENERATED FORMS (JAN 1991)
CLAUSES INCORPORATED BY FULL TEXT
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)
1452.215-70 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 52.215–2(d)), 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.
(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:
$100,000 each person* $500,000 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.
1452.236-70 Prohibition Against Use of Lead-based Paint.
Prohibition Against Use of Lead-Based Paint - Department of the Interior (JUL 1996)
Paint containing more than .06 percent by weight of lead in paint, or the equivalent measure of lead in the dried film of paint already applied, shall not be used in the construction or rehabilitation of residential structures under this contract or any resulting subcontracts.
(End of clause)
52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023)
(a) Definitions. As used in this clause—
Covered article, as defined in 41 U.S.C. 4713(k), means—
(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;
(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153);
(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or
(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.
FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):
(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.
(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.
(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.
Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—
(1) The Office of the Director of National Intelligence;
(2) The Central Intelligence Agency;
(3) The National Security Agency;
(4) The Defense Intelligence Agency;
(5) The National Geospatial-Intelligence Agency;
(6) The National Reconnaissance Office;
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4713&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11101&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section153&num=0&edition=prelim https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(e) https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003&num=0&edition=prelim
(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;
(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;
(9) The Bureau of Intelligence and Research of the Department of State;
(10) The Office of Intelligence and Analysis of the Department of the Treasury;
(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or
(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.
National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—
(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or
(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.
Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.
Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.
Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.
(b) Prohibition.
(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:
(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.
(ii) For all other solicitations and contracts DHS FASCSA orders apply.
(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3552&num=0&edition=prelim https://www.sam.gov/
(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.
(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.
(5)
(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:
(A) Name of the product or service provided to the Government;
(B) Name of the covered article or source subject to a FASCSA order;
(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;
(D) Brand;
(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
(F) Item description;
(G) Reason why the applicable covered article or the product or service is being provided or used;
(ii) Executive agency review of disclosures. The contracting officer will review disclosures…
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