Solicitation - FA485524R0004.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR

INFORMATION CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

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 NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

AWARD (To be completed by Government)

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)

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (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

Section A - Solicitation/Contract Form

Multiple Award Basic Ordering Agreement (BOA) for Construction Services

FA485524R0004

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Government Obligation to Order:

Maximum 1.00 Dollars, U.S.

Allowed Per Order:

Minimum: 2,000.00 Dollars, U.S.

Maximum: 50,000,000.00 Dollars, U.S.

Item 0001 - No Dollars

CLINS will be established at order level IAW Task Order Proposal Request (TOPR) Statement of Work.

Section C - Description/Specifications/Statement of Work

C.1 BOA Execution Business Rules

1. General

a) A BOA is not a contract pursuant to FAR 16.703(a)(3). An order issued pursuant to a BOA will become a binding contract at the time of the Government's acceptance of an Order proposal and award of an Order.

i. For a general description of work anticipated under the BOA, see Attachment 01 - Statement of Work, Section 1.3 - Classifications of Work.

b) A BOA will be valid for up to five (5) years beginning on the effective date of the initial BOA execution IAW DFARS 216.703(c), the period during which an order may be placed against a BOA may not exceed five (5) years.

c) IAW FAR 16.703(c)(2), a BOA shall be reviewed annually before the anniversary of its effective date and revised as necessary to conform to the changing requirements of the FAR and other applicable statutes and regulations. BOAs shall be changed only by modifying the agreement itself and not by individual orders issued under it. Modifying a BOA shall not retroactively affect orders previously issued under it. The terms of the BOA may need to be revised before the annual review due to changes in mandatory requirements. Prior to the annual review, the Contracting Officer will notify the contractor in writing informing it of the review and confirming the contractor wishes to have its BOA renewed. As BOAs are not contracts, either the Government or the contractor may elect not to renew the BOA at the annual review. The Government reserves the right to cancel the BOA if doing so is considered to be in the Government's best interest.

d) The Government will review BOA performance and requirements on an annual basis IAW FAR 16.703(c)(2), and to determine the necessity of on-ramping new BOA holders. The Government reserves the right to announce and issue a new solicitation for the purposes of: (i) adding additional BOA holders to expeditiously meet an increase in requirements; (ii) increase the small business pool of contractors; and (iii) increase competition. The Government may implement on-ramping procedures at anytime and utilizing the same basis for award established in the initial BOA Invitation. Any resulting BOAs awarded will include the same terms and conditions as the current basic BOA. Implementing these procedures will not affect the overall period of performance for the basic agreement.

e) The BOA includes the Government's right to implement off-ramping procedures, which would result in the removal of BOA holders. The criteria for off-ramping may included, but not limited to BOA holders not proposing on Task Order Proposal Requests (TOPR) without justification, and/or unsatisfactorily meeting order requirements. If implemented, off-ramp procedures would remove BOA holders by not exercising the agreement during the annual review process or cancelling the BOA.

f) Only Cannon AFB 27th Special Operations Contracting Squadron (27 SOCONS) is authorized to execute, modify, and undertake annual reviews of BOAs resulting from this solicitation and only Cannon AFB 27 SOCONS is authorized to issue Task Order Proposal Requests (TOPR) and execute and modify orders issued under the Cannon AFB BOA.

2. Task Order Proposal Requests (TOPR)

a) Orders will only be competed amongst contractors that receive a BOA during the BOA Invitation Phase. An offeror must be a qualified BOA holder at the time a TOPR is issued. The Government will confirm that an offeror is a qualified BOA holder by checking the effective date of an offerors' BOA. The Period of Performance for orders issued against the BOA will be established in each Order and are effective for up to five (5) years from the Order effective date.

i. Depending upon the magnitude of construction, the TOPR will be solicited as either full and open competition amongst all BOA Holders or as a specific small business set-aside.

ii. Any TOPR above $10,000,000 will be subject to FAR Part 15, Contract by Negotiations and source selection procedures.

iii. Payment and Performance Bonds and Certificates of Insurance will only be required at the TOPR level after award of an Order.

b) Offerors are not required to propose those subcontractors used to establish capability in the BOA Invitation Phase;

however, offerors shall propose themselves and/or subcontractors that can meet the evaluation criteria and successfully complete the requirements of each Order.

c) Specific evaluation criteria will be identified in the TOPR. Evaluation factors may include Technical, Past Performance, Cost/Price, and Small Business Participation. Order source selection may be executed based on: (i) evaluation of price only; (ii) lowest price, technically acceptable (LPTA); or, best value trade-off process.

d) A Statement of Work/Objectives specific to the order requirement and the associated Performance Requirements Summary will be provided at the order level, as applicable.

e) Pricing information will only be required at the order level. Orders will be Firm-Fixed-Price (FFP). The contractor shall adhere to the prices proposed and agreed to in each individual order issued against the BOA. The contractor is not authorized to begin work on an order issued against the BOA until prices have been established. In the event the Contracting Officer requires work to begin prior to the establishment of pricing, failure to reach agreement on price may be disputed under the Disputes clause.

f) Offerors will certify business size standards at the order level.

g) Responsibility determinations will be made during the TOPR process. An otherwise successful offeror may not be eligible for award if it cannot be determined responsible for any of the reasons in FAR 9.104.

h) Contracting Officers will issue orders in compliance with the terms and conditions of the BOA.

C.2 Small Business Provisions, Joint Ventures, and Subcontracting

1. Set-Asides

a) This BOA Invitation is a 100% Small Business Set-Aside. The Government's intent is to award no less than twelve (12) BOAs, with no less than three (3) HUBZone businesses, three (3) Women-Owned Small Businesses, three (3) Section 8(a) businesses, and three (3) Service-Disable Veteran-Owned Small Businesses (SDVOSB). This does not limit the Government's ability to award more, but simply states the minimum intent.

2. Size Standards

a) SBA's size eligibility standards are found in Title 13 of the Code of Federal Regulations (CFR) Part 121 (13 CFR Part 121). In order to ensure that an offeror qualifies as an eligible small business, prospective offerors are encouraged to review this regulation in its entirety. 13 CFR 121.103 in particular may assist a prospective offeror in assessing whether affiliation could apply; a finding by the SBA of affiliation between entities may result in a determination that an offeror is other than a small business and therefore ineligible for the Small-Business Set-Aside (SBSA) order award. An offeror with questions regarding size eligibility standards should contact its legal counsel and/or SBA Office of Government Contractor personnel; 8(a) Program participants may consult the cognizant SBA Business Opportunity Specialist.

b) The SBA is the sole authority for making determinations of small business status for small business programs; such determinations are binding on the offeror and on the Contracting Officer.

c) Generally, SBA determines the size status of a concern (including affiliates) as of the date the concern submits a written self-certification that it is small to the procuring agency as part of its initial offer including price. This determination will be done at the order level (TOPR) and will apply for the term of the order, not to exceed five (5) years. For orders that exceed five

(5) years, FAR 52.219-28, Post-Award Small Business Program Representation applies.

d) Joint Ventures (JVs)

i. Due to the complexity and the wide range of capabilities required by the contracts that will be solicited for at the order level (TOPR), JVs may be utilized. A JV must be an approved BOA Holder in order to propose as a Prime Contractor on an TOPR, and the JV must comply with the applicable requirements of Title13 of the CFR (see Part 121.103(h), 124.513, 125.15, 126.616, and 127.506).

ii. Entities proposing as a JV are encouraged to specifically review 13 CFR 121.103, "How Does SBA Determine Affiliation?" Subparagraph (h) (Affiliation based on joint ventures) prior to submitting a proposal. 13 CFR 121.103 provides several examples that may assist a prospective offeror in assessing whether affiliation could be applied to its JV. NOTE: In accordance with 13 CFR 121.103, a JV of two (2) or more business concerns may submit an offer as a small business without regard to affiliation so long as each concern is small under the size standard for NAICS 236220. In order for this affiliation exception to apply, however, the following conditions must be met: there must be a written JV agreement, the JV must do business under its own name and be identified in the System for Award Management (SAM), and the JV must not have been awarded more than three (3) contracts within a two (2) year period from the date of award of the first contract (i.e., as of the date that it submits an initial offer that leads to the award of a contract, the JV must not have been awarded any more than two (2) contracts in the previous two (2) years). As part of its BOA proposal during the BOA Invitation, a JV offeror will be required to submit a copy of its written JV agreement.

e) Subcontracting Arrangements

i. Offerors proposing subcontracting arrangements at the order level (TOPR) are encouraged to specifically review 13 CFR121.103, "How Does SBA Determine Affiliation?" subparagraph (h)(4) prior to submitting a proposal. A finding by the SBA of affiliation between an offeror and its subcontractor(s) may result in a determination that the offeror is other than a small business and therefore ineligible for the SBSA order award.

ii. For SBSA solicitations, offerors proposing subcontracting arrangements at the order level (TOPR) may be required to explain which of its subcontractors are similarly situated subcontractors pursuant to the definition provided in 13 CFR 125.1 for purposes of determining whether the arrangement includes the use of any ostensible subcontractors and thus treated as a JV and the entities are considered affiliated.

iii. There is no restriction on the number of JVs or subcontracting opportunities that an offeror may participate in.

Requirements See Section J - List of Attachments.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

Inspection and acceptance will be determined on each individual order.

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

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

Section F - Deliveries or Performance

Delivery terms and period of performance will be determined on each individual order.

Overall Contract Delivery Period

From date of lead time event to beginning of performance 10 Calendar Days Date of Notice to Proceed Receipt

From date of lead time event to completion of performance 10 Calendar Days Date of Notice to Proceed Receipt

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991

Section H - Special Contract Requirements

FAR Clauses Incorporated by Full Text

52.236-1 Performance of Work by the Contractor. (Apr 1984)

Performance of Work by the Contractor (Apr 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least percent (15%) of the total amount of work fifteen to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause)

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-2 Security Requirements. (Alternate II) Mar 2021 Alternate II Apr 1984 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab 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 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications. (Alternate II)

Nov 2021 Alternate II Oct 1997

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications.

Nov 2021

52.216-7 Allowable Cost and Payment. (Alternate I) Aug 2018 Alternate I Feb 1997 52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award. Oct 2022 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.219-8 Utilization of Small Business Concerns. Sep 2023 52.219-9 Small Business Subcontracting Plan. Sep 2023 52.219-9 Small Business Subcontracting Plan. (Alternate I) Sep 2023 Alternate I Nov 2016 52.219-9 Small Business Subcontracting Plan. (Alternate II) Sep 2023 Alternate II Nov 2016 52.219-9 Small Business Subcontracting Plan. (Alternate III) Sep 2023 Alternate III Jun 2020 52.219-9 Small Business Subcontracting Plan. (Alternate IV) Sep 2023 Alternate IV Sep 2023 52.219-13 Notice of Set-Aside of Orders. Mar 2020 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside. Oct 2022 52.222-6 Construction Wage Rate Requirements. Aug 2018 52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.222-26 Equal Opportunity. Sep 2016 52.222-50 Combating Trafficking in Persons. Nov 2021 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.223-21 Foams. Jun 2016 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.232-18 Availability of Funds. Apr 1984 52.232-23 Assignment of Claims. May 2014 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 52.236-15 Schedules for Construction Contracts. Apr 1984 52.236-16 Quantity Surveys. Apr 1984 52.236-17 Layout of Work. Apr 1984 52.236-19 Organization and Direction of the Work. Apr 1984 52.236-21 Specifications and Drawings for Construction. Feb 1997 52.242-14 Suspension of Work. Apr 1984 52.243-4 Changes. Jun 2007

52.243-5 Changes and Changed Conditions. Apr 1984 52.245-1 Government Property. Sep 2021 52.245-9 Use and Charges. Apr 2012 52.249-2 Termination for Convenience of the Government (Fixed-Price). (Alternate I) Apr 2012 Alternate I Sep 1996 52.249-2 Termination for Convenience of the Government (Fixed-Price). Apr 2012 52.249-10 Default (Fixed-Price Construction). Apr 1984 52.253-1 Computer Generated Forms. Jan 1991

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

Sep 2014

252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023

252.225-7967 Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006)

Feb 2024 Deviation 2024-O0006 Feb 2024

252.236-7005 Airfield Safety Precautions. Dec 1991

252.236-7013 Requirement for Competition Opportunity for American Steel Producers, Fabricators, and Manufacturers.

Jan 2023

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.239-7001 Information Assurance Contractor Training and Certification. Jan 2008 252.242-7005 Contractor Business Systems. Feb 2012 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.245-7003 Contractor Property Management System Administration Apr 2012 252.245-7005 Management and Reporting of Government Property. Jan 2024 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. Oct 2010

FAR Clauses Incorporated by Full Text

52.204-2 Security Requirements. (Mar 2021)

As prescribed in 4.404(a), insert the following clause:

Security Requirements (Mar 2021)

(a) This clause applies to the extent that this contract involves access to information classified "Confidential," "Secret," or "Top Secret."

(b) The Contractor shall comply with-

(1) The Security Agreement DD Form441), including the National Industrial Security Program Operating Manual (32 CFR part 117); and

(2) Any revisions to that manual, notice of which has been furnished to the Contractor.

(c) If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

(d) The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.

(End of clause)

52.211-10 Commencement, Prosecution, and Completion of Work. (Apr 1984)

Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within calendar days after the date the Contractor receives the ten (10) notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than .* the time identified in the task order The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 Liquidated Damages-Construction. (Sep 2000)

Liquidated Damages-Construction (Sept 2000)

If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the (a) Government in the amount of for each calendar day of delay until the work is completed or accepted.$280.02

If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These (b) liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications. (Alternate I)

(Nov 2021) Alternate I (Oct 2010)

Alternate I . (Oct 2010)

(b)(1) The Contractor shall submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments prepared in the following format: [Insert description of the data and format that are required and include access to records necessary to permit an ____________ adequate evaluation of the proposed price in accordance with 15.408, Table 15-2, Note 2. The description may be inserted at the time of issuing the solicitation, or the Contracting Officer may specify that the offeror's format will be acceptable, or the description may be inserted as the result of negotiations.]:

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications. (Alternate III)

(Nov 2021) Alternate III (Oct 1997)

Alternate III .(Oct 1997)

(c) Submit the cost portion of the proposal via the following electronic media: [Insert media format]____

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications. (Alternate IV)

(Nov 2021) Alternate IV (Oct 2010)

Alternate IV . (Oct 2010)

(a) Submission of certified cost or pricing data is not required.

(b) Provide data described below: [Insert description of the data and the format that are required, including the access to records ____________ necessary to permit an adequate evaluation of the proposed price in accordance with 15.403-3 .]

52.219-11 Special 8(a) Contract Conditions. (Jan 2017)

Special 8(a) Contract Conditions (Jan 2017)

The Small Business Administration (SBA) agrees to the following:

(a) To furnish the supplies or services set forth in this contract according to the specifications and the terms and conditions hereof by subcontracting with an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C.637(a)).

(b) That in the event SBA does not award a subcontract for all or a part of the work hereunder, this contract may be terminated either in whole or in part without cost to either party.

(c) Except for novation agreements, delegate to the [insert name of contracting agency] the responsibility for administering the subcontract to be ____ awarded hereunder with complete authority to take any action on behalf of the Government under the terms and conditions of the subcontract;

provided, however, that the [insert name of contracting agency] shall give advance notice to the SBA before it issues a final notice terminating ____ the right of a subcontractor to proceed with further performance, either in whole or in part, under the subcontract for default or for the convenience of the Government.

(d) That payments to be made under any subcontract awarded under this contract will be made directly to the subcontractor by the [insert name ____ of contracting agency].

(e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the Contracting Officer cognizable under the "Disputes" clause of said subcontract.

(f) To notify the [insert name of contracting agency] Contracting Officer immediately upon notification by the subcontractor that the owner or ____ owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(End of clause)

52.219-12 Special 8(a) Subcontract Conditions. (Oct 2019)

Special 8(a) Subcontract Conditions (Oct 2019)

The Small Business Administration (SBA) has entered into Contract No. [insert number of contract] with the [insert name of contracting (a) ____ ____ agency] to furnish the supplies or services as described therein. A copy of the contract is attached hereto and made a part hereof.

The [insert name of subcontractor], hereafter referred to as the subcontractor, agrees and acknowledges as follows:(b) ____

That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No. [insert number of contract] for the (1) ____ consideration stated therein and that it has read and is familiar with each and every part of the contract.

That the SBA has delegated responsibility, except for novation agreements, for the administration of this subcontract to the [insert name of (2) ____ contracting agency] with complete authority to take any action on behalf of the Government under the terms and conditions of this subcontract.

That it will notify the [insert name of contracting agency] Contracting Officer in writing immediately upon entering an agreement (either oral (3) ____ or written) to transfer all or part of its stock or other ownership interest to any other party.

Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the [insert name of (c) ____ contracting agency].

(End of clause)

52.219-14 Limitations on Subcontracting. (Oct 2022)

Limitations on Subcontracting (Oct 2022)

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

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

Has the same small business program status as that which qualified the prime contractor for the award ( , for a small business set-aside contract, (1) e.g.

any small business concern, without regard to its socioeconomic status); and

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

This clause applies only to-(c) Applicability.

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

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);(2)

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

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

Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or(i)

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

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

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); (i) or

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 (ii) described in 19.504(c)(1)(ii); and

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

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

By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract (e) Limitations on subcontracting.

assigned a North American Industry Classification System (NAICS) code for-

Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to (1) 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;

Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the (2) 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;

General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of (3) 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

Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, (4) 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.

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

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

[ ] Contracting Officer check as appropriate.

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.

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

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

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

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 (2) 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

52.219-17 Section 8(a) Award. (Oct 2019)

Section8(a) Award (Oct 2019)

By execution of a contract, the Small Business Administration (SBA) agrees to the following:(a)

To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the (1) Offeror who has been determined an eligible concern pursuant to the provisions of section8(a) of the Small Business Act, as amended (15 U.S.C.637 (a)).

Except for novation agreements, delegates to the [insert name of contracting activity]the responsibility for administering the contract with (2) ____ complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.(3)

To notify the [insert name of contracting agency] Contracting Officer immediately upon notification by the subcontractor that the owner or (4) ____ owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under (5) the "Disputes" clause of the subcontract.

The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the (b) contract.

(End of clause)

52.219-29 Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns.

(Oct 2022)

Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022)

Definitions.(a) as used in this clause, means a small business concern that is at least Economically disadvantaged women-owned small business (EDWOSB) concern 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and is certified pursuant to 13 CFR 127.300 as an EDWOSB. It automatically qualifies as a women-owned small business (WOSB) concern eligible under the WOSB Program.

means a secure, Web-based application that collects, stores, and disseminates documents to the contracting community WOSB Program Repository and SBA, which verify the eligibility of a business concern for a contract to be awarded under the WOSB Program.

. This clause applies only to-(b) Applicability

Contracts that have been set aside for, or awarded on a sole-source basis to, EDWOSB concerns;(1)

Part or parts of a multiple-award contract that have been set aside for EDWOSB concerns; (2)

Orders set aside for EDWOSB concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and(3)

Orders issued directly to EDWOSB concerns under multiple-award contracts as described in 19.504(c)(1)(ii).(4)

(c) General.

For EDWOSB set-aside procurements, offers are solicited only from certified EDWOSB concerns or EDWOSB concerns with a pending (1) application for certification in the Dynamic Small Business Search (DSBS).

For EDWOSB sole-source awards, offers are solicited only from certified EDWOSB concerns.(2)

Offers received from other concerns will not be considered.(3)

Any award resulting from this solicitation will be made to a certified EDWOSB concern.(4)

A joint venture may be considered an EDWOSB concern if-(d) Joint venture.

At least one party to the joint venture complies with the criteria defined in paragraph (a) and paragraph (c)(3) of this clause, and 13 CFR 127.506(1) (c); and

Each party to the joint venture qualifies as small under the size standard for the solicitation, or the protege is small under the size standard for the (2) solicitation in a joint venture comprised of a mentor and protege with an approved mentor-protege agreement under the SBA mentor-protege program.

In a joint venture that complies with paragraph (d) of this clause, the EDWOSB party or parties to the joint venture shall perform at least 40 (e) percent of the work performed by the joint venture. Work performed by the EDWOSB party or parties to the joint venture must be more than administrative functions.

(End of clause)

52.219-30 Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program.

(Oct 2022)

As prescribed in 19.1508 (b), insert the following clause:

Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022)

(a) Definitions. As used in this clause-

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), as used in this clause, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300 as a WOSB. A certified EDWOSB is automatically eligible as a certified WOSB.

WOSB Program Repository means a secure, Web-based application that collects, stores, and disseminates documents to the contracting community and SBA, which verify the eligibility of a business concern for a contract to be awarded under the WOSB Program.

(b) Applicability. This clause applies only to-

(1) Contracts that have been set aside for, or awarded on a sole-source basis to, WOSB concerns eligible under the WOSB Program;

(2) Part or parts of a multiple-award contract that have been set aside for WOSB concerns eligible under the WOSB Program;

(3) Orders set aside for WOSB concerns eligible under the WOSB Program, under multiple-award contracts as described in 8.405-5 and 16.505(b)(2) (i)(F); and

(4) Orders issued directly to WOSB concerns eligible under the WOSB Program under multiple-award contracts as described in 19.504(c)(1)(ii).

(c) General.

(1) For WOSB set-aside procurements, offers are solicited only from certified WOSB concerns eligible under the WOSB Program or WOSB concerns with a pending application for certification status in the Dynamic Small Business Search (DSBS).

(2) For WOSB sole-source awards, offers are solicited only from certified WOSB concerns.

(3) Offers received from other concerns shall not be considered.

(4) Any award resulting from this solicitation will be made to a certified WOSB concern eligible under the WOSB Program.

(d) Joint venture. A joint venture may be considered a WOSB concern eligible under the WOSB Program if-

(1) At least one party to the joint venture complies with the criteria defined in paragraph (a) and (c)(3) of this clause, and 13 CFR 127.506(c); and

(2) Each party to the joint venture qualifies as small under the size standard for the solicitation, or the protégé is small under the size standard for the solicitation in a joint venture comprised of a mentor and protégé with an approved mentor-protégé agreement under the SBA mentor-protégé program.

(e) In a joint venture that complies with paragraph (d) of this clause, the WOSB party or parties to the joint venture shall perform at least 40 percent of the work performed by the joint venture. Work performed by the WOSB party or parties to the joint venture must be more than administrative functions.

(End of clause)

52.225-9 Buy American-Construction Materials. (Oct 2022)

Buy American-Construction Materials (Oct 2022)

(a) . As used in this clause-Definitions

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.

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

Domestic construction material means-

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

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

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

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

Components of unknown origin are treated as foreign; or

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

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material.

The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

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

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

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

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

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

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C.