Sol_140P8225B0005.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION CALL

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

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

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0044015491

NPS, PWR - HONO MABO

300 Ala Moana Blvd, Room 6-226

Box 50165 Honolulu HI 96850

PPP

PWR_Sealed_Bids@nps.gov

Michael Davidson 8082851885 x

07/15/2025

140P8225B0005

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

PROJECT TITLE: Hazmat and Demo of Bungalow 68

This is a competitive 100% Small Business Set-Aside Invitation for Bid (IFB). The project magnitude is estimated between $100,000 and $250,000. The North American

Industry Classification System (NAICS) code is 236220 with a size standard of $45M.

The Government contemplates award of a firm-fixed price contract resulting from this solicitation.

All work shall be in strict compliance with the specifications.

Site Visit: To be held 30 Jul 2025 at 10am Local Time (Hawaii). Participants will meet at 1 Arizona Memorial Place, Honolulu, HI 96818 (Main Visitor Center Flagpole).

Must pre-register by emailing Michael_davidson@nps.gov. Although not mandatory, a site visit by interested parties is encouraged.

This is an electronic bid opening only. Submit bids to PWR_Sealed_Bids@nps.gov with the subject line as 140P8225B0005 Hazmat and Demo of Bungalow 68 at Pearl Harbor

National Memorial (PERL). Submit entire bid package as one .pdf file. The size

Continued ...

11. The Contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

7 90 calendar days and complete it within ________________ ________________ calendar days after receiving

52.211-10

08/15/2025

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 12/2022)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES CODE AT

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

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

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

BY

2PAGE OF

NPS, PWR - HONO MABO

300 Ala Moana Blvd, Room 6-226

Box 50165 Honolulu HI 96850

PPP

Michael Davidson

28. NEGOTIATED AGREEMENT 29. AWARD

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

10 U.S.C. 3204(a) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

and return

(Contractor is not required to sign this document.) Your offer on this

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 36

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P8225B0005 limitation of the email box is 34 MB. The bid package should include all items listed in

Section B.

The Bid Opening will be held approximately 24 hours after the bid due date/time the next business day. Bid opening information will be in an amendment. Any questions concerning this solicitation MUST be submitted in writing and received in the contracting office NO LATER THAN

1 Aug 2025. Questions received after this date may or may not be addressed, at the discretion of the Contracting Officer. Questions may be sent via email to Michael_Davidson@nps.gov (DO NOT send bids to this email address). Each question should clearly specify the IFB area to which it refers.

All questions answered will be provided to all prospective offerors through a solicitation amendment posted on the Internet at the web page address (URL) of: www.sam.gov. The identity of the prospective offerors asking questions will be withheld.

Delivery: 11/30/2025

Delivery Location Code: 0011283382

NPS, WWII Valor in the Pacific NM

1 Arizona Memorial Place

Honolulu HI 96818 US

Period of Performance: 09/01/2025 to 11/30/2025

00010 PERL Hazardous Materials Abatement and Demo

Product/Service Code: F108

Product/Service Description: ENVIRONMENTAL

SYSTEMS PROTECTION- ENVIRONMENTAL REMEDIATION

National Park Service Points of Contact:

Michael Davidson, Contracting Officer, michael_davidson@nps.gov

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

Sponsored by GSA

FAR (48 CFR) 53.110

pg. 5

Contents Section A – Solicitation / Contract Form Special Notice for Bidders Section B - Supplies or Services/Prices Section C - Description/Specifications STATEMENT OF WORK 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)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

52.242-14 SUSPENSION OF WORK (APR 1984)

Section G - Contract Administration Data

1452.201-70 AUTHORITIES AND DELEGATIONS. (SEP 2011)

Section H - Special Contract Requirements Section I - Contract Clauses

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS. (NOV 2023)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS

OR STATEMENTS. (JAN 2017)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN

2011)…………14

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS.

(JUN 2020)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTEANNCE (AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES. (DEC 2023)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT. (JAN 2025)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS. (NOV

2015)

52.214-29 ORDER OF PRECEDENCE - SEALED BIDDING. (JAN 1986)

52.217-5 EVALAUTIONS OF OPTIONS……………………………………………………………………..14

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE. (NOV 2020)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. (JAN 2025)

52.219-14 LIMITATIONS ON SUBCONTRACTING. (OCT 2022) (DEVIATION OCT 2022)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION. (JAN 2025)

52.222-3 CONVICT LABOR. (JUN 2003)

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS. (AUG 2018)

52.222-7 WITHHOLDING OF FUNDS. (MAY 2014)

52.222-8 PAYROLLS AND BASIC RECORDS. (JUL 2021)

52.222-9 APPRENTICES AND TRAINEES. (JUL 2005)

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS. (FEB 1988)

52.222-11 SUBCONTRACTS (LABOR STANDARDS). (MAY 2014)

52.222-12 CONTRACT TERMINATION - DEBARMENT. (MAY 2014)

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED

REGULATIONS. (MAY 2014)

52.222-14 DISPUTES CONCERNING LABOR STANDARDS. (FEB 1988)

pg. 6

52.222-15 CERTIFICATION OF ELIGIBILITY. (MAY 2014)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES. (JUN 2020)

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)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021)15

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION. (MAY 2024)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (FEB 2021)

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING.

(MAY 2024)

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)

52.228-11 INDIVIDUAL SURETY-PLEDGE OF ASSETS. (FEB 2021)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS. (DEC 2022)

52.228-14 IRREVOCABLE LETTER OF CREDIT. (NOV 2014)

52.228-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION. (JUN 2020)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES. (FEB 2013)

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS-NOTICE AND REPRESENTATION……..23

52.229-12 TAX ON CERTAIN FOREIGN PROCURMENTS……………………………………………….24

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS. (MAY 2014)

52.232-17 INTEREST. (MAY 2014)

52.232-23 ASSIGNMENT OF CLAIMS. (MAY 2014)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS. (JAN 2017)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD

MANAGEMENT. (OCT 2018)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS.

(MAR 2023)

52.233-1 DISPUTES. (MAY 2014)

52.233-3 PROTEST AFTER AWARD. (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004)

52.236-2 DIFFERING SITE CONDITIONS. (APR 1984)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK. (APR 1984)

52.236-5 MATERIAL AND WORKMANSHIP. (APR 1984)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR. (APR 1984)

52.236-7 PERMITS AND RESPONSIBILITIES. (NOV 1991)

52.236-8 OTHER CONTRACTS. (APR 1984)

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS. (APR 1984)

52.236-10 OPERATIONS AND STORAGE AREAS. (APR 1984)

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION. (APR 1984)

52.236-12 CLEANING UP. (APR 1984)

52.236-13 ACCIDENT PREVENTION. (NOV 1991)

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES. (APR 1984)

52.236-17 LAYOUT OF WORK. (APR 1984)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION. (FEB 1997)

52.236-26 PRECONSTRUCTION CONFERENCE. (FEB 1995)

52.240-1 PROHIBITION ON UNMANNED AIRCRAFT SYSTEMS MANUFACTURED OR ASSEMBLED

BY AMERICAN SECURITY DRONE ACT-COVERED FOREIGN ENTITIES. (NOV 2024)

52.242-13 BANKRUPTCY. (JUL 1995)

pg. 7

52.243-4 CHANGES. (JUN 2007)

52.246-21 WARRANTY OF CONSTRUCTION. (MAR 1994)

52.248-3 VALUE ENGINEERING - CONSTRUCTION. (OCT 2020)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION). (APR 1984)

52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

52.253-1 COMPUTER GENERATED FORMS. (JAN 1991)

1452.203-70 RESTRICTIONS ON ENDORSEMENTS (JUL 1996)

1452.204-70 RELEASE OF CLAIMS (JUL 1996)

1452.228-70 LIABILITY INSURANCE (JUL 1996)

Section J - List of Documents, Exhibits and Other Attachments Section K - Representations, Certifications, and Other Statements of Bidders 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS. (JAN 2025) (DEVIATION FEB 2025)

52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-CERTIFICATION. (NOV

2021) Section L - Instructions, Conditions, and Notices to Bidders…………………………………………………..35

52.204-7 SYSTEM FOR AWARD MANAGEMENT. (NOV

2024)……………………………………………………………..35

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING. (AUG 2020)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL. (JAN 2017)

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS. (DEC 2016)

52.214-4 FALSE STATEMENTS IN BIDS. (APR 1984)

52.214-5 SUBMISSION OF BIDS. (DEC 2016)

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS. (APR 1984)

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS. (NOV 1999)

52.214-12 PREPARATION OF BIDS (APR 1984)

52.214-18 PREPARATION OF BIDS - CONSTRUCTION. (APR 1984)

52.214-19 CONTRACT AWARD - SEALED BIDDING - CONSTRUCTION. (AUG 1996)

52.216-1 TYPE OF CONTRACT. (APR 1984)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS-SECONDARY SITE OF THE WORK. (MAY

2014)

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT - CONSTRUCTION MATERIALS. (MAY

2014) 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES

OR TRANSACTIONS RELATING TO IRAN – REPRESENTATION AND CERTIFICATIONS (JUN 2020)

52.228-1 BID GUARANTEE. (SEP 1996)

52.228-17 INDIVIDUAL SURETY – PLEDGE OF ASSESTS. (FEB 2021)

1452.233-2 SERVICE OF PROTEST DEPARTMENT OF THE INTERIOR (JUL 1996) (DEVIATION)

52.236-27 Site Visit (Construction) (FEB 1995) Alternate I (FEB 1995)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB 1998)

Section M - Evaluation Factors for Award

pg. 8

Section A – Solicitation / Contract Form

Invitation for Bids (IFB), 140P8225B0005, is issued on a Standard Form (SF) 1442, Solicitation, Offer, and Award document.

Reference DIAR 1436.270-1 Uniform contract format.

Special Notice for Bidders

Signing of the bid shall be deemed to be a representation by the bidder that:

1.) Bidder is a construction contractor who owns, operates, or maintains a place of business, regularly engaged in the work described herein; or

2.) If newly entering into a construction activity, bidder has made all necessary arrangements for personnel, construction equipment, and required licenses to perform construction work as specified; and

3.) Upon request, prior to award, bidder will promptly furnish to the Government a statement of facts in detail as to bidder’s previous experience (including recent and current contracts), organization (including company officers), technical qualifications, financial resources and facilities available to perform the contemplated work.

This will be an electronic bid opening. A Microsoft Teams meeting information will be provided with an amendment. Submit entire bid package as one .PDF file.

Section B - Supplies or Services/Prices

Preparation of Bids: The Government will not be responsible for any costs incurred by offeror in the research, preparation, or submission of its bid.

• Complete Standard Form (SF) 1442: Bidder is to complete Blocks 14 through 20. Bidders shall include their SAM registered UIED number in Block 14 of the SF1442 when submitting their offer.

• Indicate the lump sum (total) proposal price in Block 17. A detailed breakdown of the Bidder’s proposal price (e.g., labor, materials, profit, overhead, and other pricing elements) are not requested at this time; however, may be requested by the Contracting Officer during the pre-award process. Complete and submit Contract Bid Schedule (Attachment 8).

• Complete required Provisions to include 52.204-24, 52.204-26 and 52.229-11 return with your bid.

• Bidders must include original signatures of individual(s) authorized to sign for the company in accordance with FAR 4.102.

• Bidders must acknowledge all solicitation amendments when submitting final bids.

• Bid bonds must be provided.

A bid MUST be submitted to email PWR_Sealed_Bids@nps.gov or it will be considered non-responsive. The bid opening will occur approximately 24 hours after the bid due date to avoid any potential delays in receiving the bids in the NPS email system.

Section C - Description/Specifications

STATEMENT OF WORK

The Statement of work (Construction Specifications) is included as attachment A in Section

J.

https://www.acquisition.gov/diar/part-1436-%E2%80%93-construction-and-architect%E2%80%93engineer-contracts#d1e4756 mailto:PWR_Sealed_Bids@nps.gov

pg. 9

Section D – Packaging and Marking

Not Applicable

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 7 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire project 240 calendar days after Notice to Procced is issued. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

52.242-14 SUSPENSION OF WORK (APR 1984)

Section G - Contract Administration Data

(a) Contact Information:

Contracting Officer Michael Davidson Email: Michael_Davidson@nps.gov

Contracting Officer Representative Juan Ocampo Email: Juan_Ocampo@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. An example of a field change is: rerouting planned location of a sidewalk to avoid a tree (when quantities are not changed). 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.

mailto:Michael_Davidson@nps.gov mailto:Juan_Ocampo@nps.gov

pg. 10

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, and release of claims. 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.

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. Invoice to be on company letterhead with stated contract number and itemized invoice shall be included as an attachment.

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)

1452.201-70 AUTHORITIES AND DELEGATIONS. (SEP 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:

https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

pg. 11

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of clause)

1452.204-70 RELEASE OF CLAIMS (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)

Section H - Special Contract Requirements

Section I - Contract Clauses

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF 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)

pg. 12

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2018)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTEANNCE (AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

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 OR EQUIPMENT. (NOV 2021)

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION. (JUN 2023)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT. (JAN 2025)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS. (NOV 2015)

52.214-29 ORDER OF PRECEDENCE - SEALED BIDDING. (JAN 1986)

52.217-5 EVALAUTIONS OF OPTIONS. (JULY 1990)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE. (NOV 2020)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. (JAN 2025)

52.219-14 LIMITATIONS ON SUBCONTRACTING. (OCT 2022) DEVIATION (OCT 2022)

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

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

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

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

(c) Applicability. This clause applies only to—

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

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

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

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

(i)Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or https://www.acquisition.gov/far/19.000#FAR_19_000 https://www.acquisition.gov/far/19.000#FAR_19_000 https://www.acquisition.gov/far/subpart-19.8#FAR_Subpart_19_8 https://www.acquisition.gov/far/subpart-19.13#FAR_Subpart_19_13 https://www.acquisition.gov/far/subpart-19.14#FAR_Subpart_19_14 https://www.acquisition.gov/far/subpart-19.15#FAR_Subpart_19_15 https://www.acquisition.gov/far/8.405-5#FAR_8_405_5 https://www.acquisition.gov/far/16.505#FAR_16_505

pg. 13

(ii)Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

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

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

(ii)Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

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

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

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

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

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

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

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

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

or

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

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

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

[Contracting Officer check as appropriate.] https://www.acquisition.gov/far/19.504#FAR_19_504 https://www.acquisition.gov/far/subpart-19.8#FAR_Subpart_19_8 https://www.acquisition.gov/far/subpart-19.13#FAR_Subpart_19_13 https://www.acquisition.gov/far/subpart-19.14#FAR_Subpart_19_14 https://www.acquisition.gov/far/subpart-19.15#FAR_Subpart_19_15 https://www.acquisition.gov/far/8.405-5#FAR_8_405_5 https://www.acquisition.gov/far/16.505#FAR_16_505 https://www.acquisition.gov/far/subpart-19.8#FAR_Subpart_19_8 https://www.acquisition.gov/far/subpart-19.13#FAR_Subpart_19_13 https://www.acquisition.gov/far/subpart-19.14#FAR_Subpart_19_14 https://www.acquisition.gov/far/subpart-19.15#FAR_Subpart_19_15 https://www.acquisition.gov/far/19.504#FAR_19_504

pg. 14

X By the end of the base term of the contract and then by the end of each subsequent option period; or

□ By the end of the performance period for each order issued under the contract.

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

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

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture.

Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION. (JAN 2025)

52.222-3 CONVICT LABOR. (JUN 2003)

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS. (AUG 2018)

52.222-7 WITHHOLDING OF FUNDS. (MAY 2014)

52.222-8 PAYROLLS AND BASIC RECORDS. (JUL 2021)

52.222-9 APPRENTICES AND TRAINEES. (JUL 2005)

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS. (FEB 1988)

52.222-11 SUBCONTRACTS (LABOR STANDARDS). (MAY 2014)

52.222-12 CONTRACT TERMINATION - DEBARMENT. (MAY 2014)

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED

REGULATIONS. (MAY 2014)

52.222-14 DISPUTES CONCERNING LABOR STANDARDS. (FEB 1988)

52.222-15 CERTIFICATION OF ELIGIBILITY. (MAY 2014)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES. (JUN 2020)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract

pg. 15

Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance.

Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

52.222-50 COMBATING TRAFFICKING IN PERSONS. (NOV 2021)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION. (JAN 2025)

52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER

14026. (JAN 2022)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706. (JAN 2022)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021)

(a) "Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert “None”) Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No.313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No.313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

pg. 16

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(End of clause)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION. (MAY 2024)

52.225-9 BUY AMERICAN – CONSTRUCTION MATERIALS. (OCT 2022)

(a)Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—

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

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

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

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

(2 )Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

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

Cost of components means— https://www.acquisition.gov/far/2.101#FAR_2_101 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section40102(4)&num=0&edition=prelim

pg. 17

(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.

https://www.acquisition.gov/far/25.105#FAR_25_105

pg. 18

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

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

(b) Domestic preference.

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

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

None

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

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

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

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

(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…