Sol_140P4526R0030.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

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

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

SOLICITATION

1. SOLICITATION NO.

5. REQUISITION/PURCHASE REQUEST NO.

CODE

6. PROJECT NO.

8. ADDRESS OFFER TO

4. CONTRACT NO.

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

NEGOTIATED (RFP) REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF

SEALED BID (IFB) INVITATION FOR BID

9. FOR

INFORMATION CALL

PAGES

140P4526R0030

NPS, NER - NPNH

210 New York Ave.

Contracting Office Staten Island NY 10305

0044042390

PNP

Mary Hallmon 850-826-1398

07/09/2026

07/30/2026

10 60

This solicitation is a Request for Proposal (RFP) for firm fixed price for Replace HVAC Sys Bldg 47 and

58 at the Sandy Hook Unit of Gateway National Recreation Area.

The magnitude of the project is between $100,000 and $250,000.

The NAICS code is 238220, Plumbing, Heating, and Air-Conditioning Contractors. The size standard is

$19M. This project is set aside for 100% small business concerns. Wage rate requirements apply to this project and are included in the solicitation.

The successful offeror must be registered in the System for Award Management (SAM) and have current online Representations and Certifications that include the NAICS 238220. Please access https://www.sam.gov to update your records prior to submitting the final offer.

All questions pertaining to this solicitation shall be submitted in writing, by July 21, 2026, to Mary

Hallmon at mary_hallmon@ios.doi.gov.

1 20

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.

NPS, NER - NPNH

210 New York Ave.

Contracting Office Staten Island NY 10305

PNP

Mary Hallmon

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

140P4526R0030

Delivery: 07/31/2026

Delivery Location Code: 0011286211

DOI, NPS, GATE

26 HUDSON ROAD

HIGHLANDS NJ 07732 US

00010 Replace HVAC Systems at Bldg 47&58-SAHO

Product/Service Code: J045

Product/Service Description:

MAINT/REPAIR/REBUILD

OF EQUIPMENT- PLUMBING, HEATING, AND WASTE

DISPOSAL EQUIPMENT

Period of Performance: 08/03/2026 to

10/31/2026

S o l i c i t a t i o n 1 4 0 P 4 5 2 6 R 0 0 3 0

Request for Proposal 140P4526R0030 GATE – Replace HVAC Systems at Building 47 & Building 58

This is a request for construction proposals prepared in accordance with the format in the Federal Acquisition Regulations (FAR) Part 13 and Part 36, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation issued as Request for Proposal (RFP) 140P4526R0030. FAR clauses and provisions enclosed within this RFP are those in effect through Federal Acquisition Circular (FAC) 2026-01, dated March 13, 2026, and are available in full text through Internet access at http:// www.acquisition.gov/far/.

This solicitation is being issued as a Total Small Business Set-Aside.

County: Monmouth Type of Construction: Building

Magnitude:

Between $100,000 and $250,000

NAICS:

238220

SIZE STD:

$19M

SET-ASIDE:

Small Business

National Park Service Contract Specialist (CS) Contracting Officer (CO)

Name: Thomas Donzelli N/A Mary Hallmon

Email: Thomas_Donzelli@nps.gov mary_hallmon@ios.doi.gov

Award Selection Process:

Award will be made in accordance with FAR Part 13 to the offeror that provides the best value to the government based on price, technical, past performance, and prior experience. This solicitation is not stating nor required to state the relative importance assigned to each evaluation factor and/or sub factor (FAR 13.106-1(a)(2)).

VOLUME 1

1. Technical Evaluation Factor 1 – TECHNICAL EVALUATIONS (Pass/Fail):

The Technical Evaluation determines if proposals meet the Technical Subfactors as prescribed below. Each Subfactor below will be rated as either “Technically Acceptable” or “Not Technically Acceptable.”

To be considered “Technically Acceptable” overall, each Subfactor must be rated “Technically Acceptable.” If any Subfactor is determined to be “Not Technically Acceptable,” the entire proposal is rated as “Not Technically Acceptable”, and award cannot be made to that firm.

Offerors shall provide a narrative describing their proposed work plan not to exceed 10 pages as described below.

The NPS may hold clarifications concerning Technical Subfactors.

Subfactor 1 – Technical Approach:

The Contractor shall submit a detailed narrative description of the proposed methods and approaches to performing the work, as well as the Contractor’s understanding of the scope of work and capability to perform the work within the performance period. The proposed work plan should include sequencing and coordination of work, quality control reporting, scheduling, temporary protection measures and best management practices that will be employed.

To be considered Technically Acceptable, the proposal must demonstrate clear understanding of contract requirements and project scope and must reflect that the contractor and any identified personnel meet specific qualifications set out in the solicitation and its attachments.

Subfactor 2 – Experience:

At a minimum the submission for each project should include a short (less than one page) description of the project, dates of performance, client’s name, and total project cost. A separate form/page shall be submitted for each individual project. The offeror shall limit submissions to no more than a total of five (5) projects. Projects shall include work of similar or greater size, scope, and complexity, completed within the past five (5) years.

2. Technical Evaluation Factor 2 – PAST PERFORMANCE (Pass/Fail):

Past performance will be evaluated to assess the Offeror’s record of performing work similar in size, scope, and complexity to the requirement of this solicitation.

The Government may evaluate past performance using information obtained from:

-Contractor Performance Assessment Reporting System -Other Government databases -Information obtained from other sources -References provided by the Offeror

Offerors may submit up to three (3) recent and relevant projects performed within the last three (3) years, including:

-Project description -Contract number (if applicable) -Dollar value -Customer point of contact (name, phone, and email)

The Government may, but is not required to, contact references provided by the Offeror.

If an Offeror does not have a record of relevant past performance or if information is not available, the Offeror will be assigned a neutral rating, which will not be evaluated favorably or unfavorably.

VOLUME 2

3. Price.

A price evaluation will be performed to determine the reasonableness of the proposed price. Reasonableness will be determined considering other competitive prices received and comparison to the independent Government estimate. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.

GENERAL

(a) The National Park Service (NPS) is seeking proposals for construction services as attached in the accompanying statement of work.

The NPS intends to conduct this acquisition by use of simplified acquisition procedures in accordance with FAR Part 13.

(b) To assure timely and equitable evaluation of proposals, respondents are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete proposal. Respondents are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to adhere to proposal requirements, at the time of submission, may result in the proposal being unacceptable to the government and eliminated from consideration for award.

(c) Respondents are cautioned to submit adequate information to enable the government to fully ascertain each respondent’s capability to perform the requirements in accordance with the requirements of the request for proposal (RFP).

(d) If a respondent believes that requirements in these instructions contain an error, omission, or are otherwise flawed, the respondent shall immediately notify the contracting officer in writing (email is the preferred method) with supporting rationale prior to the closing of this RFP.

(e) This RFP does not commit the Government to any costs incurred in the preparation and submission of a proposal or for any other costs incurred by any firm submitting a proposal in response to this solicitation. Note specifically that the Offeror will not be participating in a sealed bid procurement process under this acquisition method. Issuance of this RFP does not constitute an award commitment on the part of the Government.

(f) Proposal must be valid for a minimum of 60 days.

(g) All interested parties shall be registered in the System for Award Management or SAM at time an offer or proposal is submitted.

(h) Respondents shall not contact any government personnel related to this requirement other than the Contracting Officer and Contracting Specialist.

(i) All questions should be emailed directly to the Contracting Officer no later than July 21, 2026. Only written RFI’s will be considered and responded to by the government. NPS responses to RFIs will be posted as an amendment to the solicitation.

(j) Site Visit: July 16, 2026, at 10:00 am EST. Address: 47 Kearney road, Fort Hancock NJ 07732. Email the contact information of those attending to the POC prior to the site visit.

POC: Thomas Donzelli, Thomas_Donzelli@nps.gov, 732-742-9755

SPECIAL CONTRACT REQUIREMENTS

WORK HOURS

The performance period established for this contract is based upon all work being conducted during regular working hours between 7:00am and 4:00pm, Monday through Friday, excluding government holidays. If the Contractor desires to carry on work outside regular hours, including Saturdays, Sundays, and government holidays, a request must be submitted to the Contracting Officer in sufficient time to allow satisfactory arrangements to be made by the Government for access to the work site and inspection.

The following Federal Legal Holidays are observed:

Federal Holidays:

New Year’s Day Martin Luther King, Jr. Day President’s Day Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas

PERIOD OF PERFORMANCE (Reference 52.211-10) Notice to Proceed will only be issued upon receipt of acceptable bonding and insurance.

All onsite work is estimated to be performed: 60 days from NTP.

INSTRUCTIONS TO OFFERORS:

Proposals must be in accordance with and in the order detailed in this section. Failure to submit proposals according to the instructions provided within the solicitation may result in the respondent’s proposal being deemed unacceptable.

All interested parties shall be registered in the System for Award Management (SAM) at time of proposal submittal.

Offerors shall submit their proposal to the contracting officer by email to mary_hallmon@ios.doi.gov, no later than 1200 EST on July 30, 2026.

Offerors shall submit the following information in its entirety:

a) Price schedule in accordance with the Scope of work. In addition, provide a price breakdown of major components which matches the total price as reflected in the contract price schedule.

b) Checklist for proposal submittal:

● This page of the solicitation completed as the first page in the package ☐

● Signed acknowledgement of SF1442 ☐

● Signed amendments if applicable ☐

● Past Performance - Offerors may submit up to three (3) recent and relevant projects performed ☐ within the last three (3) years

● Price schedule filled out ☐

● No more than five (5) prior experiences of projects in similar size and scope of each part of the requirement as described in the

SOW. Prior experience must be within the past five (5) years and include:

o Brief description of project o Point of contact information ☐

● REMINDER: Submit 2 volumes.

o Volume 1 – Technical and Past Performance o Volume 2 – Price ☐

c) Contractor Core Data:

Offeror’s Name:__________________________________________________________________

Offeror’s Address:________________________________________________________________

Offeror’s Unique Entity Identifier (UEI):______________________________________________

Offeror’s POC:___________________________________________________________________

Offeror’s Phone/Email:_____________________________________________________________

PROVISIONS SECTION:

52.252-1 Solicitation Provisions Incorporated by Reference FEB 1998

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov.

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation

JAN 2017

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

Provisions incorporated full text:

52.204-7 System for Award Management MAR 2026

a) Definitions. As used in this provision— "Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that–

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation and at time of award (see FAR clause 52.204-13, System for Award Management Maintenance, for the requirement to maintain SAM registration during performance and through final payment).

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

https://www.acquisition.gov/ https://www.acquisition.gov/far/part-32#FAR_Subpart_32_11 https://www.acquisition.gov/far/part-4#FAR_Subpart_4_14 http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_13 http://www.sam.gov/

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation.

See https://ww.sam.gov for information on registration.

(End of provision)

52.222-5 Construction wage rate requirements- secondary site of work MAY 2026 a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

52.225-10 Notice of Buy American Requirement--Construction Material MAY 2014

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

http://www.sam.gov/ http://acquisition.gov/far/current/html/52_222.html#wp1147505 http://acquisition.gov/far/current/html/52_223_226.html#wp1169273 http://acquisition.gov/far/current/html/52_223_226.html#wp1169273 http://acquisition.gov/far/current/html/52_223_226.html#wp1169273 http://acquisition.gov/far/current/html/52_223_226.html#wp1169273 http://acquisition.gov/far/current/html/FormsStandard62.html#wp1177057 http://acquisition.gov/far/current/html/52_223_226.html#wp1169273 http://acquisition.gov/far/current/html/52_223_226.html#wp1169273

CONTRACT CLAUSES SECTION:

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):): https://www.acquisition.gov

52.204-13 System for Award Management Maintenance MAR 2026

52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

52.209-6 Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

MAY 2026

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations MAY 2026

52.219-28 Post-Award Small Business Program Representation JAN 2026

52.222-6 Construction Wage Requirements MAY 2026 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 2026 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related Act

Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.223-3 Hazardous Material Identification and Material Safety Data FEB 2021 52.227-4 Patent Indemnity – Construction Contracts DEC 2007

52.228-2 Additional Bond Security OCT 1997

52.232-5 Payments under Fixed-P rice Construction Contracts MAY 2014

52.232-23 Assignment Of Claims MAY 2014

52.232-27 Prompt Payment for Construction Contracts JAN 2017

52.236-2 Differing Site Conditions JAN 2026 52.236-3 Site Investigation and Conditions Affecting the Work JAN 2026

52.236-5 Material and Workmanship JAN 2026 52.236-6 Superintendence by the Contractor JAN 2026 52.236-7 Permits and Responsibilities JAN 2026

52.236-8 Other Contracts JAN 2026 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements.

JAN 2026

52.236-10 Operations and Storage Areas JAN 2026 52.236-11 Use and Possession Prior to Completion JAN 2026

52.236-12 Cleaning up JAN 2026

52.236-13 Accident Prevention JAN 2026

52.236-14 Availability and Use of Utility Services JAN 2026

52.236-17 Layout of Work JAN 2026 https://www.acquisition.gov/

52.242-14 Suspension of Work APR 1984

52.243-5 Changes and Changed Conditions OCT 2025

52.246-21 Warranty of Construction MAR 1994

Clauses incorporated full text:

52.213-4 Terms and Conditions - Simplified Acquisition (Other Than Commercial Products and

Commercial Services)

MAR 2026

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

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

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

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

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

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

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

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

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

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

(End of clause)

52.219-6 Notice of Total Small Business Set-Aside JAN 2026

(a) Definition. Small business concern, as used in this clause—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability. This clause applies only to-

(1) Contracts that have been set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.4 and 16.5.

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

52.222-90 Addressing DEI Discrimination by Federal Contractors MAY 2026

(a) Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

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

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

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

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

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

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

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

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

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

FAR

52.223-23

Sustainable Products and Services MAY 2026

(a) Definitions. As used in this clause— Sustainable product means—

(1) A product that contains recovered material designated by the EPA under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

(2) An energy-efficient product or low standby power device (42 U.S.C. 8259b) (10 CFR part 436, subpart C) (https://www.energy.gov/eere/femp/search-energy-efficient-products, https://www.energystar.gov/products?s=mega, and https://www.energy.gov/femp/low-standby-power-product-list).

(3) A biobased product that meets the content requirements of the USDA under the BioPreferred® program (7 U.S.C. 8102) (7 CFR Part 4270) (https://www.biopreferred.gov/).

(4) A substance identified in the EPA’s Significant New Alternatives Policy (SNAP) program as a safe alternative to an ozone-depleting substance (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables).

(b) Requirements. The Government has identified in the statement of work or elsewhere in the contract the sustainable products that are required during the performance of this contract. The Contractor shall ensure that it provides sustainable products as required by this contract, when the products are— https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products https://www.energy.gov/eere/femp/search-energy-efficient-products https://www.energystar.gov/products?s=mega https://www.energy.gov/femp/low-standby-power-product-list https://www.biopreferred.gov/ https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables

(1) Delivered to the Government;

(2) Furnished for use by the Government;

(3) Incorporated into the construction of a public building or public work; or

(c) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract.

End of clause

52.225-9 Buy American Act - Construction Material OCT 2022

(a) Definitions. As used in this clause-- “Commercially available off-the-shelf (COTS) item”—

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

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

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

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

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App.

1702), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

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

“Cost of components” means--

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit.

Cost of components does not include any costs associated with the manufacture of the construction material.

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

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

“Domestic construction material” means—

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

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

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

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

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

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

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

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

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

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

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

“United States” means the 50 States, the District of Columbia, and outlying areas. (b) Domestic preference.

(1) This clause implements 41 USC.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows: None.

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

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

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

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

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

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

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

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

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

(ii) The application of the restriction of the Buy American Act 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 Act.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure; (C) Quantity;

(D) Price;

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(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

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

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

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[* Include all delivery costs to the construction site and…