Sol_140P8426Q0088.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

140P8426Q0088

NPS, PWR - PORE MABO

Point Reyes National Seashore 1 Bear Valley Road Point Reyes Station CA 94956-9703 alanna_gardner@ios.doi.gov

PPR

Alanna Gardner 415-858-9668

09/10/2026

09/17/2026

10 30

REMOVE/REPLACE TURBIDITY METERS AT LAKE CREEK WATER TREATMENT PLANT, OREGON CAVES NATIONAL MONUMENT &

PRESERVE, JOSEPHINE COUNTY, OREGON

The Government anticipates award of a firm-fixed-price commercial construction purchase order resulting from this solicitation. Evaluation for award will be made in accordance with the procedures outlined in

FAR Part 12.203.

This acquisition is a Total Small Business Set-Aside. Quotations are solicited only from small business concerns. Quotations received from concerns that are not small business concerns shall not be considered.

Address any questions to Alanna Gardner at alanna_gardner@ios.doi.gov

1 32

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, PWR - PORE MABO

Point Reyes National Seashore 1 Bear Valley Road Point Reyes Station CA 94956-9703

PPR

Alanna Gardner

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

140P8426Q0088

Period of Performance: 09/28/2026 to

10/27/2026

00010 Remove/Replace Turbidity Meters (CLIN 1-3)

Product/Service Code: Z1JZ

Product/Service Description: MAINTENANCE OF

MISCELLANEOUS BUILDINGS

Joshua Haggett is designated as the NPS

Contracting Officer's Representative (COR) for this contract and will be responsible for certifying receipt and acceptance of the services rendered.

Request for Quotation 09/10/2026

Document No.

140P8426Q0088

Document Title Remove/Replace Turbidity Meters, Oregon Caves NM&P

Table of Contents

I. GENERAL INFORMATION

II. DESCRIPTION OF REQUIREMENT

IV. LIST OF LINE-ITEMS

A. Commencement, Prosecution, and Completion of Work

B. Deliverable (Post-Award): Contractor’s Daily Logs

V. CONTRACT CLAUSES

A. Pre-Construction Conference

B. Wage Rates

C. Site Specific Safety and Health Plan

D. Archeological Findings

E. Conduct of Operations

F. Seasonal Shutdown

G. Payment Information

H. Contractor Performance Assessment Reporting System (Nov 2015)

I. Construction Contract Administration

J. Appointment of Contractor Representative/Superintendent

K. Contract Administration

L. 1452.201-70 – Authorities and Delegations (SEP 2011)

M. 1452.204-70 – Release of Claims – Department of the Interior (JUL 1996)

N. 52.225-9 – Buy American–Construction Materials (OCT 2022)

O. DIAR 1452.228-70, Liability Insurance (Jul 1996)

P. Workers Compensation

Q. 52.246-12 – Inspection of Construction (AUG 1996)

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Document Title

R. 52.252-2, Clauses Incorporated by Reference (Feb 1998)

S. 52.252-6, Authorized Deviations in Clauses (Nov 2020)

VI. CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

A. List of Attachments

VII. SOLICITATION PROVISIONS

A. Affordability

B. Site Visit (Construction)

C. Compliance with Executive Orders 14173/14168

D. Compliance with Executive Orders 14148/14208

E. 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services (Sep 2023) (DEVIATION Mar 2026)

F. 52.212-2, Evaluation—Commercial Products and Commercial Services (Nov 2021) (DEVIATION Mar 2026)

G. Responsibility Determination

H. 52.216-1 – Type of Contract (APR 1984)

I. 52.225-10 – Notice of Buy American Requirement--Construction Materials (MAY 2014)

J. 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998)

K. 52.252-5 Authorized Deviations in Provisions (Nov 2020)

Document No.

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Document Title

I. GENERAL INFORMATION

This solicitation for commercial construction services is a Request for Quote (RFQ) issued on Standard Form (SF) 1442. Award of this contract will be made according to FAR Part 12 Acquisition of Commercial Products and Commercial Services.

The Government contemplates award of a firm-fixed-price commercial construction purchase order on Standard Form (SF) 1442 resulting from this solicitation.

This acquisition is set-aside for small business concerns. The associated NAICS code is 237110. The small business size standard is $45M.

This acquisition is a Total Small Business Set-Aside. Quotations are solicited only from small business concerns. Quotations received from concerns that are not small business concerns shall not be considered.

To be eligible for award as a small business concern, the offeror is required to represent in good faith that it meets the small business size standard corresponding to the North American Industry Classification System (NAICS) code identified in the solicitation.

To be considered for award your company must have or obtain a Unique Entity Identifier (UEI). Your company must also be registered in the System for Award Management (SAM) at www.sam.gov at the time your quotation is submitted and at the time of award (and throughout contract performance). Registration in SAM is 100% free. “Registered in the System for Award Management (SAM)” is defined at FAR 52.204-7 and includes the requirement that the SAM record is marked “Active".

If you have any registration questions or if you need assistance with registration or updating SAM, please contact the National APEX Accelerator nearest you.

Website: Home - National Apex Accelerator Alliance // APEX Accelerators

II. DESCRIPTION OF REQUIREMENT

III. The National Park Service (NPS) at Oregon Caves National Monument & Preserve (ORCA) needs to replace Hach turbidity meters at its Lake Creek Water Treatment Plant. Only Hach products are acceptable for compatibility reasons. The Contractor shall mobilize to the site and remove the existing meters and valves. The Government will furnish two (2) Hach TU5300sc laser turbidity meters and one

(1) Hach SC4500 Controller as Government-Furnished Equipment (GFE) for the Contractor to install.

The Contractor shall furnish all labor and materials necessary to connect this equipment to the existing water service infrastructure, ensuring all connections are watertight and that the installed system is fully functional, in accordance with manufacturer specifications and applicable industry standards.

Upon completion, the Government will arrange for a Hach-certified technician to inspect, calibrate, and verify communications for all installed equipment. The Contractor shall then make any final installation adjustments necessary as a result of this inspection to confirm proper functionality prior to final acceptance.

http://www.sam.gov/ https://www.napex.us/ https://www.apexaccelerators.us/#/

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Document Title

IV. LIST OF LINE-ITEMS

QUOTE/PRICE SHEET

SOLICITATION NUMBER: 140P8426Q0079

PARK - PMIS: ORCA - 244479

DEVELOPED AREA: Oregon Caves National Monument & Preserve, Josephine County, Oregon PROJECT TITLE: Remove/Replace Turbidity Meters at Lake Creek Water Treatment Plan Quoters are required to submit, at a minimum, a quotation that conforms to the solicitation documents with pricing for all Base line items and all Option line items (if any). Failure to do so may render your quotation unacceptable. For any lump-sum (LS) line items, provide the total price only. For any unit-priced line items, provide the unit price and the extended total price. If no specific line item exists for a portion of the work, include the costs on a related item. In case of error in summation, the total of the corrected amounts govern.

Round totals and extend prices to whole dollars.

PRICE SCHEDULE

LINE ITEM NUMBER

PRICE SCHEDULE LINE ITEM

TITLE

QUANTITY

UNIT OF

MEASURE

TOTAL PRICE

1 Mobilization/Demobilization 1 LS $

2 Remove Existing Meters & Valves 1 LS $

3 Install Meters & Components 1 LS $

TOTAL PRICE (Contract Line Item Number 1 through 3) ……………………………………………. $

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Document Title

DELIVERIES OR PERFORMANCE

A. Commencement, Prosecution, and Completion of Work

The Contractor shall be required to commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, prosecute the work diligently, and complete the entire work ready for use not later than 30 calendar days following receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

B. Deliverable (Post-Award): Contractor’s Daily Logs

Contractor shall prepare a daily log for each day work is performed under this contract. Copies of daily logs shall be submitted to the Contracting Officer, and may be compiled and submitted weekly, with payroll.

Time necessary for completion of daily log is approximately 15 to 30 minutes. The contractor may choose to use its own format as long as the following elements are included on the log:

(a) Project Name

(b) Contract number

(c) Date

(d) Prime Contractor and/or Subcontractor

(e) Work performed, including number of employees by job categories (indicate if "prime" or "sub")

(f) Heavy equipment on job, hours worked (indicate if "prime" or "sub")

(g) Materials delivered

(h) Official visitors to site

(i) Inspections performed

(j) Verbal instruction received from government on construction deficiencies

(k) Certification (prime contractor's signature/COR's signature)

(End of Clause)

V. CONTRACT CLAUSES

A. Pre-Construction Conference

If the Contracting Officer decides to conduct a preconstruction conference, the successful quoter will be notified and will be required to attend. The Contracting Officer’s notification will include specific details

Document No.

140P8426Q0088

Document Title regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

B. Wage Rates

Davis-Bacon Wage Rates apply for this project and are attached to this solicitation (See Section IV). The project is located in Josephine County, Oregon.

(End of Clause)

C. Site Specific Safety and Health Plan

A site specific safety and health plan shall be prepared covering on-site work to be performed by the contractor and all subcontractors. The prime contractor shall be responsible for development, implementation, and oversight of the site specific plan. The site specific safety and health plan shall establish in detail, the protocols necessary for recognition, evaluation, and control of hazards associated with each task performed. The plan shall address site specific safety and health requirements and procedures based upon site specific conditions. The level of detail provided in the site specific safety and health plan shall be tailored to the type of work, complexity of operations to be performed, and hazards anticipated. The site specific safety and health plan shall address, in as much detail as possible, anticipated tasks, their related hazards, and anticipated control measures.

As work proceeds, the site specific safety and health plan shall be adapted to new situations and new conditions. Changes and modifications to the accepted site specific safety and health plan shall be made with the knowledge and concurrence of the safety office, site superintendent, and contracting office. Should any unforeseen hazard become evident during the performance of work, the contractor shall bring such hazard to the attention of the safety office and COR, both verbally and in writing for resolution as soon as possible. In the interim, necessary action shall be taken to re-establish and maintain safe working conditions in order to safeguard on-site personnel, visitors, the public, and the environment.

Prior to submittal to the COR, the site specific safety and health plan shall be signed and dated by the prime contractor's safety and health manager and site superintendent. The site specific safety and health plan shall be part of the contractor's safety and Health program. The contractor shall submit to the COR the contractor's site specific safety and health plan for review and approval by the safety office.

Work performed under this contract shall comply with applicable federal, state, and local safety and occupational health laws and regulations. This includes, but is not limited to, Occupational Safety and Health Administration (OSHA) standards, 29 CFR, Part 1910 and Part 1926. Where the requirements of applicable laws, criteria, ordinances, regulations, and referenced documents vary the most stringent requirements shall apply.

D. Archeological Findings

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Document Title

(a) Petroglyphs, artifacts, burial grounds or remains, structural features, ceremonial, domestic, and archeological objects of any nature, historic or prehistoric, found within the construction area, are the property of and will be removed only by the Government. Should Contractor's operations uncover or his employees find any archeological remains, Contractor shall suspend operations at the site of discovery;

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

(End of Clause)

E. Conduct of Operations

At all times the Contractor shall conduct his organization in conformance with the rules and regulations promulgated by the Secretary of the Interior for the National Park Service, and with such appropriate regulations as the Superintendent may prescribe. Work on Saturdays, Sundays, Federal holidays or at night may be performed only with the prior consent of the Contracting Officer. No signs or advertisements (except those specified herein) shall be displayed on the construction site or within the park except with approval of the Contracting Officer.

(End of Clause)

F. Seasonal Shutdown

It is recognized that seasonal climatic conditions regularly occur in some of the National Park Service areas that restrict and in some cases prohibit normal construction activities. The actual timing of a seasonal shutdown will be determined by the Contracting Officer. The Contractor shall give the Contracting Officer at least two weeks’ notice prior to the anticipated resumption of work. The actual date that work is resumed is subject to the approval of the Contracting Officer. The amount of time during a seasonal shutdown is taken into consideration when the completion time as stated in the Contract is determined.

Therefore, the contract time will not be extended due to seasonal shutdowns.

(End of Clause)

G. Payment Information

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (FEB 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.

https://www.ipp.gov/

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Document Title

The Contractor shall submit a draft Invoice Package, including copies of the following documents, to the National Park Service’s (NPS) Contracting Officer’s Representative (COR), with a copy to the Contracting Officer, a minimum of 5 working days prior to submittal of the formal Invoice through IPP. Within 5 working days of receipt, the COR shall provide an acceptability recommendation to both the NPS Contracting Officer (CO) and the Contractor. If the COR recommends acceptance, the Contractor shall submit a copy of the final version of the COR’s checklist and the Invoice Package to the NPS through IPP.

1. Completed copy of the COR’s final Construction Payment Request Checklist (submit only with the formal submittal to IPP)

2. Completed copy of the Pay Estimate Form (including signed certification of subcontractor payments as required by contract clause 52.232-5)

3. Certified copies of Payroll Reports per Contract clause 52.222-8 Payrolls and Basic Records, unless already submitted to CO (include completed copy of the Payroll Report PII Certification sheet when submitting certified payroll reports to CO)

4. Information required by contract clause 52.232-27, Prompt Payment for Construction Contracts

5. A copy of the current construction schedule

6. A copy of the current Schedule of Values

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) prior to the contract award date, but no more than 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org 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 quotation.

(End of clause)

H. Contractor Performance Assessment Reporting System (Nov 2015)

In accordance with DOI and NPS policy, past performance evaluations may be prepared for this acquisition.

For more information see the Contractor Performance Assessment Reporting System (CPARS), available online at https://cpars.gov/.

(End of clause)

I. Construction Contract Administration

Federal Acquisition Regulation (FAR) 36.211(b) requires agencies provide description of policies and procedures that apply to definitization of equitable adjustments for change orders under construction contracts and data on the time required to definitize equitable adjustments for change orders under construction contracts. This information can be found at:

https://www.doi.gov/pam/acquisition/policy/constructioncontract.

(End of clause)

J. Appointment of Contractor Representative/Superintendent https://cpars.gov/ https://www.doi.gov/pam/acquisition/policy/constructioncontract

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Document Title

Prior to the commencement of work under this contract, the Contractor shall provide the Contracting Officer with the name and telephone number of at least one responsible individual who will be available on a daily basis to respond to operational problems and/or emergencies. In the event the contract involves more than one subcontractor, the designated site superintendent shall be a W-2 employee of the prime contractor. The Contractor agrees that notice to the designated representative shall constitute notice to the Contractor and further agrees to be bound by any commitments or representations made by such representative.

K. Contract Administration

1) Points of Contact

The NPS onsite Technical Representative for this order will be:

Joseph Bridendolph

Maintenance Worker Oregon Caves National Monument & Preserve 541-592-2100 x2256 joseph_bridendolph@nps.gov

The Contracting Officer’s Representative (COR) for this order will be:

Joshua Haggett

Facility Manager Oregon Caves National Monument & Preserve 541-415-2428 joshua_haggett@nps.gov

The Contracting Officer (CO) with overall responsibility for this order will be:

Alanna Gardner Contracting Officer 415-858-9668 alanna_gardner@ios.doi.gov

2) Correspondence

Copies of all correspondence and written notices between the Contracting Officer’s Representative and the Contractor shall be sent to the cognizant Contracting Officer at the email address below. All correspondence shall state the contract number in the subject line of the email.

Alanna Gardner Contracting Officer 415-858-9668 mailto:first_last@ios.doi.gov mailto:first_last@ios.doi.gov

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Document Title

L. 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:

(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.

M. 1452.204-70 – Release of Claims – Department of the Interior (JUL 1996)

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Document Title

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)

N. 52.225-9 – Buy American–Construction Materials (OCT 2022)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

Cost of components means—

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

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.

https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-25#FAR_25_105

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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.

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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.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_505

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

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

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

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 any applicable duty (whether or not a duty-free entry certificate is issued).]

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

(End of Clause)

O. DIAR 1452.228-70, Liability Insurance (Jul 1996)

The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$200,000.00 each person $200,000.00 each occurrence $200,000.00 property damage

Each policy shall have a certificate evidencing the insurance coverage. The insurance Company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation

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Document Title or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

(End of clause)

P. Workers Compensation

The Contractor is required to be insured against liability for workmen's compensation or to undertake self-insurance. Evidence of coverage is required before commencement of project work.

(End of clause)

Q. 52.246-12 – Inspection of Construction (AUG 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not --

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

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(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may --

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of clause)

R. 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 addresses:

http://www.acquisition.gov/far/ https://www.acquisition.gov/diar https://www.acquisition.gov/caac-letters https://www.acquisition.gov/far-overhaul

52.203-17, Contractor Employee Whistleblower Rights (Nov 2023)

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

52.204-13, System for Award Management—Maintenance (Oct 2018) (DEVIATION Mar 2026)

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

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (DEVIATION May 2026) http://www.acquisition.gov/far/ https://www.acquisition.gov/diar https://www.acquisition.gov/caac-letters https://www.acquisition.gov/far-overhaul

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52.212-4, Contract Terms and Conditions— Commercial Products and Commercial Services (Nov 2023) (DEVIATION Mar 2026)

52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (DEVIATION Jan 2026)

52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (DEVIATION Jan 2026)

52.222-3, Convict Labor (Jun 2003)

52.222-6, Construction Wage Rate Requirements (Aug 2018) (DEVIATION 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) (DEVIATION Feb 2025)

52.222-10, Compliance with Copeland Act Requirements (Feb 1988)

52.222-11, Subcontracts (Labor Standards) (May 2014) (DEVIATION May 2026)

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)

52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2026)

52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (DEVIATION May 2026)

52.222-41, Service Contract Labor Standards (Aug 2018)

52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014)

52.222-50, Combating Trafficking in Persons (Oct 2025)

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Oct 2025) (DEVIATION May 2026)

52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022)

52.222-90, Addressing DEI Discrimination by Federal Contractors (Mar 2026) (DEVIATION May 2026)

52.223-5, Pollution Prevention and Right-to-Know Information (May 2024)

52.223-23, Sustainable Products and Services (May 2024) (DEVIATION May 2026)

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52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024)

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)

52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

52.233-3, Protest After Award (Aug 1996)

52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)

52.236-2, Differing Site Conditions (Apr 1984) (DEVIATION Jan 2026)

52.236-3, Site Investigation and Conditions Affecting the Work (Apr 1984) (DEVIATION Jan 2026)

52.236-5, Material and Workmanship (Apr 1984) (DEVIATION Jan 2026)

52.236-6, Superintendence by the Contractor (Apr 1984) (DEVIATION Jan 2026)

52.236-7, Permits and Responsibilities (Nov 1991) (DEVIATION Jan 2026)

52.236-8, Other Contracts (Apr 1984) (DEVIATION Jan 2026)

52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) (DEVIATION Jan 2026)

52.236-10, Operations and Storage Areas (Apr 1984) (DEVIATION Jan 2026)

52.236-11,…