Solicitation - N0016726Q1089.pdf

Section 00 00 00 - Procurement and Contracting Requirements

Hardline Piping Installation

N0016726Q1089

Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

0001 Material kit BLDG 60

Pricing Arrangement: Firm Fixed Price

1 Job

0002 Installation of non-welded steel piping BLDG 60

Pricing Arrangement: Firm Fixed Price

1 Job

0003 Labor and Travel BLDG 60

Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item 0004 Material kit BLDG 19

Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Installation of non-welded steel piping BLDG 19

Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item 0006 Labor and Travel BLDG 19

Pricing Arrangement: Firm Fixed Price

1 Job

Section 00 21 00 - Instructions

FAR Clauses Incorporated by Full Text

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

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

____________[Insert one or more Internet addresses]

(End of provision)

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

AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any [insert regulation name](48 CFR Chapter ) provision with an authorized deviation is indicated by ____ ____ the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

Section 00 22 00 - Supplementary Instructions

FAR Clauses Incorporated by Full Text

52.252-3 Alterations in Solicitation. (Apr 1984)

ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

(End of clause)

Section 00 45 00 - Representations and Certifications

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep 2022 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. Oct 2016 252.225-7055 Representation Regarding Business Operations with the Maduro Regime. May 2022

FAR Clauses Incorporated by Full Text

52.203-2 Certificate of Independent Price Determination. (Apr 1985)

CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that-

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to-

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or

(2) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not (i) participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision [insert full name of person(s) in the offeror's organization ____ responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of provision)

DFARS Clauses Incorporated by Full Text

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation. (May 2021)

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument."

(a) . "Covered defense telecommunications equipment or services," "covered mission," "critical technology," and "substantial or Definitions essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) . Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from Prohibition procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) . The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at for Procedures https://www.sam.gov entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) . If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at Representation 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does" provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it will will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) . If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications Disclosures equipment or services," the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

N0016726Q1089

Section 00 70 00 - Conditions of the Contract

"General Decision Number: MD20260120 06/04/2026

State: Maryland

Construction Types: Building

Counties: Maryland Counties of Montgomery

Modification Number Publication Date 0 01/02/2026 1 05/18/2026 2 06/04/2026

SAMD2025-001 12/11/2025

Rates Fringes

BALANCING TECHNICIAN................................$ 50.92 24.61

BOILERMAKER.........................................$ 47.37 25.94

BRICKLAYER..........................................$ 38.80 15.57

CARPENTER...........................................$ 35.89 14.60

CARPENTER - SHORING SCAFFOLD BUILDER................$ 35.89 14.60

CARPET LAYER........................................$ 35.10 15.33

CEMENT MASON........................................$ 29.65 11.88

COMMUNICATION INSTALLER TECHNICIAN..................$ 34.60 12.98

DRYWALL - SPACKLING, TAPING, & FINISHING............$ 29.16 12.01

ELECTRICIAN.........................................$ 59.50 23.06

ELEVATOR MECHANIC...................................$ 57.16 44.61

FIREPROOFER - BY HAND...............................$ 28.44 8.11

FIREPROOFER - SPRAYER...............................$ 27.61 8.34

FIRESTOPPER.........................................$ 30.21 10.68

GLAZIER.............................................$ 36.65 14.61

INSULATION WORKER...................................$ 40.77 20.42

IRONWORKER - FENCE ERECTOR..........................$ 40.77 20.42

IRONWORKER - ORNAMENTAL.............................$ 39.30 27.14

IRONWORKER - REINFORCING............................$ 34.84 24.64

IRONWORKER - STRUCTURAL.............................$ 39.30 27.14

LABORER - AIR TOOL OPERATOR.........................$ 29.99 8.82

LABORER - ASPHALT PAVER.............................$ 29.99 8.82

LABORER - ASPHALT RAKER.............................$ 28.13 8.47

LABORER - BLASTER - DYNAMITE........................$ 29.99 8.82

LABORER - BURNER....................................$ 29.99 8.82

LABORER - COMMON....................................$ 28.13 8.47

LABORER - CONCRETE PUDDLER..........................$ 28.13 8.47

LABORER - CONCRETE SURFACER.........................$ 29.99 8.82

LABORER - CONCRETE TENDER...........................$ 28.13 8.47

LABORER - CONCRETE VIBRATOR.........................$ 28.13 8.47

LABORER - DENSITY GAUGE.............................$ 28.13 8.47

LABORER - FIREPROOFER - MIXER.......................$ 28.13 8.47

LABORER - FLAGGER...................................$ 28.13 8.47

LABORER - GRADE CHECKER.............................$ 28.13 8.47

LABORER - HAND ROLLER...............................$ 28.13 8.47

LABORER - HAZARDOUS MATERIAL HANDLER................$ 29.99 8.82

LABORER - JACKHAMMER................................$ 28.13 8.47

LABORER - LANDSCAPING...............................$ 28.13 8.47

LABORER - LAYOUT....................................$ 28.13 8.47

LABORER - LUTEMAN...................................$ 28.13 8.47

LABORER - MASON TENDER..............................$ 29.99 8.82

LABORER - MORTAR MIXER..............................$ 28.13 8.47

LABORER - PIPELAYER.................................$ 29.99 8.82

LABORER - PLASTERER - HANDLER.......................$ 28.13 8.47

LABORER - SCAFFOLD BUILDER..........................$ 29.99 8.82

LABORER - TAMPER....................................$ 28.13 8.47

Mechanical Systems Service Tech- HVAC Systems.......$ 55.00 25.30 Mechanical Systems Service Tech- Refrigeration Systems.............................................$ 55.00 25.30

MILLWRIGHT..........................................$ 36.50 6.91

PAINTER.............................................$ 29.16 12.01

PAINTER-INDUSTRIAL..................................$ 36.37 16.21

PILEDRIVER..........................................$ 37.74 14.73

PLASTERER - MIXER...................................$ 20.00 2.24

PLUMBER.............................................$ 51.25 23.10

POWER EQUIPMENT OPERATOR - BACKHOE..................$ 32.13 3.38

POWER EQUIPMENT OPERATOR - BOOM TRUCK...............$ 24.00 1.34

POWER EQUIPMENT OPERATOR - BULLDOZER................$ 28.00 0.50

POWER EQUIPMENT OPERATOR - CONCRETE PUMP............$ 35.18 15.12

POWER EQUIPMENT OPERATOR - CRANE....................$ 48.71 15.10

POWER EQUIPMENT OPERATOR - DRILL - RIG..............$ 43.44 13.27

POWER EQUIPMENT OPERATOR - EXCAVATOR................$ 33.98 10.82

POWER EQUIPMENT OPERATOR - FORKLIFT.................$ 35.18 15.12

POWER EQUIPMENT OPERATOR - GRADER...................$ 35.18 15.12

POWER EQUIPMENT OPERATOR - LOADER...................$ 25.00 8.29

POWER EQUIPMENT OPERATOR - MECHANIC.................$ 37.24 15.12

POWER EQUIPMENT OPERATOR - PAVER....................$ 30.00 1.68

POWER EQUIPMENT OPERATOR - ROLLER - EARTH...........$ 29.60 15.12

POWER EQUIPMENT OPERATOR - SCRAPER..................$ 35.18 15.12

POWER EQUIPMENT OPERATOR - SCREED...................$ 27.67 3.27

POWER EQUIPMENT OPERATOR - SKID STEER (Bobcat)......$ 26.77 10.82

POWER EQUIPMENT OPERATOR-VACUUM TRUCK...............$ 38.60 15.75

RESILIENT FLOOR.....................................$ 35.10 15.33

ROOFER/WATERPROOFER.................................$ 42.04 12.13

SHEETMETAL WORKER (including metal roofing).........$ 50.92 24.61

SPRINKLERFITTER.....................................$ 45.22 26.64

STEAMFITTER/PIPEFITTER..............................$ 55.00 25.30

STONE MASON.........................................$ 45.65 21.51

TILE & TERRAZZO FINISHER............................$ 28.85 12.85

TILE & TERRAZZO MECHANIC............................$ 34.34 14.50

TRUCK DRIVER - DUMP.................................$ 26.17 5.89

TRUCK DRIVER - DUMP - ARTICULATING..................$ 23.00 4.14

TRUCK DRIVER - FLATBED..............................$ 19.50 0.00

TRUCK DRIVER - LOWBOY...............................$ 30.50 6.28

TRUCK DRIVER - TACK/TAR TRUCK.......................$ 28.00 3.41

TRUCK DRIVER - TRACTOR TRAILER......................$ 33.24 15.11

TRUCK DRIVER - WATER................................$ 24.50 1.75

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.

Note: Executive Order 13658 generally applies to contracts subject to the Davis-Bacon Act that were awarded on or between January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive Order 13658 does not apply to contracts subject only to the Davis-Bacon Related Acts regardless of when they were awarded. If a contract is subject to Executive Order 13658, the contractor must pay all covered workers at least $13.65 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract from May 11, 2026, through December 31, 2026. The applicable Executive Order minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).

The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate.

Union Rate Identifiers

A four-letter identifier beginning with characters other than SU , UAVG , SA , or SC denotes that a union rate was prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers.

0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate.

Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification.

Union Average Rate Identifiers

The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE:

UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio.

The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate.

A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based.

Survey Rate Identifiers

The SU identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier.

SU wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1).

State Adopted Rate Identifiers

The SA identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination.

The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the SA identifier took effect under state law in the state from which the rates were adopted.

WAGE DETERMINATION APPEALS PROCESS

1) Has there been an initial decision in the matter? This can be:

a) a survey underlying a wage determination

b) an existing published wage determination

c) an initial WHD letter setting forth a position on a wage determination matter

d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to:

Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations.

Requests can be submitted via email to BCWD-Office@dol.gov or by mail to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).

Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative

Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210.

END OF GENERAL DECISION

Overall Contract Delivery Period

From date of lead time event to beginning of performance 15 Calendar Days Date of Notice to Proceed Receipt

From date of lead time event to completion of performance 365 Calendar Days Date of Notice to Proceed Receipt

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. Jan 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-7 System for Award Management-Registration. (Deviation 2026-O0038) Feb 2026 52.204-13 System for Award Management-Maintenance. (Deviation 2026-O0038) Feb 2026 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (Deviation 2026- O0038) Feb 2026

52.217-3 Evaluation Exclusive of Options. Apr 1984 52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026-O0038) Feb 2026

52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method). Aug 2018

52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038) Feb 2026 52.223-23 Sustainable Products. (Deviation 2026-O0038) Feb 2026 52.225-10 Notice of Buy American Requirement-Construction Materials. May 2014 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.228-2 Additional Bond Security. Oct 1997 52.228-11 Individual Surety-Pledge of Assets. Feb 2021 52.228-12 Prospective Subcontractor Requests for Bonds. Dec 2022 52.228-14 Irrevocable Letter of Credit. Nov 2014 52.232-8 Discounts for Prompt Payment. Feb 2002 52.232-27 Prompt Payment for Construction Contracts. Jan 2017 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.232-90 Fast Payment Procedure. (Deviation 2026-O0038) Feb 2026 52.233-1 Disputes. (Deviation 2026-O0038) Feb 2026 52.233-1 Disputes. (Deviation 2026-O0038) (Alternate I) Feb 2026 Alternate I Feb 2026 52.233-3 Protest after Award. (Deviation 2026-O0038) Feb 2026 52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026-O0038) Feb 2026 52.236-5 Material and Workmanship. (Deviation 2026-O0038) Feb 2026 52.236-7 Permits and Responsibilities. (Deviation 2026-O0038) Feb 2026

52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026- O0038) Feb 2026

52.240-91 Security Prohibitions and Exclusions. (Deviation 2026-O0038) Feb 2026 52.242-14 Suspension of Work. Apr 1984 52.243-5 Changes and Changed Conditions. (Deviation 2026-O0038) Feb 2026

52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026- O0038) Apr 2026

52.246-12 Inspection of Construction. Aug 1996 52.247-34 F.o.b. Destination. Jan 1991 52.249-4 Termination for Convenience of the Government (Services) (Short Form). Apr 1984

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. Dec 1991 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. May 2024

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services. Jan 2023

252.204-7024 Notice on the Use of the Supplier Performance Risk System. Mar 2023 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. Jan 2023 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 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.247-7023 Transportation of Supplies by Sea. Oct 2024

FAR Clauses Incorporated by Full Text

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

LIQUIDATED DAMAGES-CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of [Contracting Officer insert amount] for each calendar day of delay until the work is completed or accepted.200.00

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

(End of clause)

52.216-1 Type of Contract. (Deviation 2026-O0038) (Feb 2026)

TYPE OF CONTRACT (FEB 2026) (DEVIATION 2026-O0038)

The Government contemplates award of a [Contracting Officer insert specific type of contract] contract resulting from this Firm-Fixed-Price solicitation.

(End of provision)

52.225-9 Buy American-Construction Materials. (Deviation 2026-O0038) (Feb 2026)

BUY AMERICAN-CONSTRUCTION MATERIALS (FEB 2026) (DEVIATION 2026-O0038)

(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.

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

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. 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:

____________[Contracting Officer to list applicable excepted materials or indicate "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) of this clause.(1)

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

.(B) For domestic construction material that is a critical item or contains critical components The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the (1)

Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

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

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

(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.

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

(1) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate (i) 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.

(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 or Balance of Payments Program.

(d) . To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following Data 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)

52.232-5 Payments under Fixed-Price Construction Contracts. (May 2014)

PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

(a) . The Government shall pay the Contractor the contract price as provided in this contract.Payment of price

(b) . The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined Progress payments by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor's request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if-

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c) . Along with each request for progress payments, the Contractor shall furnish the following certification, or payment Contractor certification shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that-

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

____ ( )Name

____ ( )Title

____ ( )Date

(d) . If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such Refund of unearned amounts request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the "unearned amount"), the Contractor shall-

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until-

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e) . If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be Retainage made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(f) . All material and work covered by progress payments made shall, at the time of payment, become the Title, liability, and reservation of rights sole property of the Government, but this shall not be construed as-

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

(g) . In making these progress payments, the Government shall, upon request, reimburse the Contractor for the Reimbursement for bond premiums amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

(h) . The Government shall pay the amount due the Contractor under this contract after-Final payment

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of1940 ( 31 U.S.C.3727 and 41 U.S.C. 6305).

(i) . Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on Limitation because of undefinitized work work accomplished on undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in FAR subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

(j) . In accordance with 31 U.S.C. 3903(c)(1), the amount payable under paragraph (d)(2) of this clause Interest computation on unearned amounts shall be-

(1) Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned at the most recent auction of such bills prior to the date the Contractor receives the unearned amount; and

(2) Deducted from the next available payment to the Contractor.

(End of clause)

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

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

____ [Insert one or more Internet addresses]____ ____

(End of clause)

52.252-4 Alterations in Contract. (Apr 1984)

ALTERATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follows:

(End of clause)

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

AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any [insert regulation name] (48 CFR ) clause with an authorized deviation is indicated by ____ ____ the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

DFARS Clauses…