Solicitation_W911SG26RA021.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

Patrick.Ferguson Line

Patrick.Ferguson Line

Section 00 00 00 - Procurement and Contracting Requirements

Remove and Replace Dishwasher DFAC at Bldg. 20626Instrument Name:

Scope of project includes the removal and replacement of the existing Contract Description:

commercial dishwasher, food tray accumulator, and water heat booster which are past their lifecycle at the existing Dining Facility, building 20626. The Contractor shall provide a new commercial dishwasher, food tray accumulator, and water heat booster, and all associated components with a capacity that meets or exceeds the existing units. Incidental work to include interior paint, ceiling and floor repair, mechanical, plumbing, and electrical work. The Contractor shall provide all work, labor, materials, related fees, and related services for construction requested herein until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract, by the Government in a professional and collaborative environment to sustain mission requirements. Construction services and finished products shall be delivered on schedule, safely, and compliant with regulatory codes and standards. Contractor to review the attached Environmental Review Form for specific environmental comments about this project. PERFORMANCE AND PAYMENT BONDS ARE

REQUIRED. THIS IS A 100% COMPETITIVE SET-A SIDE FOR SERVICE-DISABLED VETERAN

OWNED SMALL BUSINESS. NAICS 238210 WITH A SMALL BUSINESS SIZE STANDARD OF

$19 MILLION. THE ESTIMATED MAGNITUDE OF CONSTRUCTION FOR THIS PROJECT IS

BETWEEN $250,000. AND $500,000. THE AWARDEE OF THIS CONTRACT WILL BE

REQUIRED TO PROVIDE A SUPERINTENDENT AT ALL TIMES WORK IS BEING

PERFORMED ON THE PROJECT (SEE CLAUSE AT FAR 52.236-6). THE SUPERINTENDENT

IS CONSIDERED A KEY POSITION. THIS POSITION SHALL NOT BE SUBCONTRACTED AND

MUST WORK DIRECTLY FOR THE PRIME CONTRACTOR. ALL WORK SHALL BE

PERFORMED SIMULTANEOUSLY . RESULTING CONTRACT WILL BE FRIM FIXED PRICED

(FFP).

Product Service Code : Z2FD

SCOPE OF PROJECT INCLUDES THE REMOVAL AND REPLACEMENT OF THE EXISTING

COMMERCIAL DISHWASHER, FOOD TRAY ACCUMULATOR, AND WATER HEAT BOOSTER

WHICH ARE PAST THEIR LIFECYCLE AT THE EXISTING DINING FACILITY, BUILDING 20626.

THE CONTRACTOR SHALL PROVIDE A NEW COMMERCIAL DISHWASHER, FOOD TRAY

ACCUMULATOR, AND WATER HEAT BOOSTER, AND ALL ASSOCIATED COMPONENTS

WITH A CAPACITY THAT MEETS OR EXCEEDS THE EXISTING UNITS. INCIDENTAL WORK

TO INCLUDE INTERIOR PAINT, CEILING AND FLOOR REPAIR, MECHANICAL, PLUMBING,

AND ELECTRICAL WORK. THE CONTRACTOR SHALL PROVIDE ALL WORK, LABOR,

MATERIALS, RELATED FEES, AND RELATED SERVICES FOR CONSTRUCTION

REQUESTED HEREIN UNTIL COMPLETION AND ACCEPTANCE OF THE ENTIRE WORK,

EXCEPT FOR ANY COMPLETED UNIT OF WORK WHICH MAY HAVE BEEN ACCEPTED

UNDER THE CONTRACT, BY THE GOVERNMENT IN A PROFESSIONAL AND

W911SG26RA021

COLLABORATIVE ENVIRONMENT TO SUSTAIN MISSION REQUIREMENTS.

CONSTRUCTION SERVICES AND FINISHED PRODUCTS SHALL BE DELIVERED ON

SCHEDULE, SAFELY, AND COMPLIANT WITH REGULATORY CODES AND STANDARDS.

CONTRACTOR TO REVIEW THE ATTACHED ENVIRONMENTAL REVIEW FORM FOR

SPECIFIC ENVIRONMENTAL COMMENTS ABOUT THIS PROJECT.

PERFORMANCE AND PAYMENT BONDS ARE REQUIRED.

THIS IS A 100% COMPETITIVE SET-A SIDE FOR SERVICE-DISABLED VETERAN OWNED

SMALL BUSINESS.

NAICS 238210 WITH A SMALL BUSINESS SIZE STANDARD OF $19 MILLION.

THE ESTIMATED MAGNITUDE OF CONSTRUCTION FOR THIS PROJECT IS BETWEEN

$250,000. AND $500,000.

THE AWARDEE OF THIS CONTRACT WILL BE REQUIRED TO PROVIDE A

SUPERINTENDENT AT ALL TIMES WORK IS BEING PERFORMED ON THE PROJECT (SEE

CLAUSE AT FAR 52.236-6). THE SUPERINTENDENT IS CONSIDERED A KEY POSITION. THIS

POSITION SHALL NOT BE SUBCONTRACTED AND MUST WORK DIRECTLY FOR THE

PRIME CONTRACTOR. ALL WORK SHALL BE PERFORMED SIMULTANEOUSLY .

RESULTING CONTRACT WILL BE FRIM FIXED PRICED (FFP).

*** END OF NARRATIVE ***

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

Additional Information/Notes

Item Supplies/Service Quanti ty

Unit Unit Price Amount

0001 Product Service Description:

REMOVE AND REPLACE

DISHWASHER DFAC 20626

Product Service Code: Z2FD

North American Industry Classification System (NAICS):

238210

Pricing Arrangement: Firm Fixed Price

1 Job

Section 00 21 00 - Instructions

Instruction to Offeror

1. : POINT OF CONTACT (POC)

SSG Jarrett Gillium Contract Specialist

Email: jarrett.m.gillium.mil@army.mil

This procurement is a SDVOSB set-aside acquisition.2.: COMPETITION REQUIREMENTS:

3. SITE VISIT: The Government has scheduled a one-day site visit at BLDG 20626 at the intersection of Mt. Porchia Street and Cold War Drive

09:00 a.m. MDT on 19 August 2026.

a. We will meet at the:

The parking lot of Bldg. 20626 Ft. Bliss, TX

Work is located at Building 20626.

b. Contractors who wish to attend the site visit shall provide the name(s), company name, position title, telephone number, email address and mailing address of all attendees via email to jarrett.m.

gillium.mil@army.mil no later than 4:00 p.m. MDT on 18 August 2026.

c. The site visit is limited to a maximum of two (2) attendees per company. Contractor representatives should be prepared to furnish identification if requested.

d. Individual or group questions will not be answered during the site visit. Potential offerors may submit written questions in accordance with number 4 (below) of these instructions to offerors section.

Note: Remarks and explanations made by the Government representatives during the course of the site visit, whether orally or in writing, shall not change or qualify any of the terms or conditions of this solicitation. The solicitation can only be changed by a formal, written amendment issued by

W911SG26RA021 the Contracting Officer (KO).

4. REQUEST FOR INFORMATION (RFI): All offeror inquiries or questions shall be submitted in

Writing electronically at jarrett.m.gillium.mil@army.mil no later than 21 August 2026 by 4:00 p.

m. MDT. An amendment will then be issued with all questions and answers. **After the due date no additional RFI's will be answered**

5. PROPOSAL DUE DATE: Proposals are due no later than 11:00 a.m. MDT on 26 August 2026.

Proposals shall be emailed to jarrett.m.gillium.mil@army.mil. Proposals SHALL include the following in order to be considered (failure to include all line items shall be subject for rejection of the offer):

a. Cover sheet on company letterhead with your DUNS number, CAGE code, Tax ID, and primary point of contact information;

b. Signed and completed Standard Form 1442 along with any amendments;

c. Letter from bonding company indicating offeror's ability to obtain payment bonds in the amount of their offer;

d. Past Performance per Evaluation Factors.

Please note that all correspondence via e-mail shall contain a subject line that reads, Remove and Replace Dishwasher DFAC at BLDG 20626, Company Name".

If sending attachments via e-mail, ensure only .pdf, .

doc or .xls documents are sent. In the body of the email please ensure to list the number of attachments submitted. It is the Contractor's responsibility to verify all emails along with all attachments are received by the Contract Specialist listed above.

6. BONDNG REQUIREMENTS:

a. Payment Bonds:

(1) The penal amount of the bonds shall be 100 percent of the awarded price.

(2) The Government may require additional bond protection when a contract price is increased.

The increase in protection shall generally equal 100 percent of the increase in contract price. The

Government may secure additional protection by directing the contractor to increase the penal amount of the existing bond or obtain an additional bond.

b. Offer Guarantee:

(1) An Offer Guarantee is required.

7. SYSTEM FOR AWARD MANAGEMENT (SAM) ; Offeror must be registered in the database

SYSTEM FOR AWARD MANAGEMENT (SAM): IAW FAR 52.204-7 in order to be awarded a contract and have the applicable NAICS code listed in FAR 52.219-1(c), Small Business Program

Representations (Alternate I), Representations.

EVALUATION FACTORS

EVALUATION FACTORS FOR AWARD

The Government will award a contract resulting from this solicitation using the evaluation method

"Lowest Price Technically Acceptable." This method is appropriate when best value is expected to result from selection of the technically acceptable offer with the lowest evaluated reasonable price.

Offers will be evaluated for acceptability but not ranked using the non-price factors. Evaluation factors and significant sub factors that establish the requirements of acceptability are set forth below. Award will be made on the basis of the lowest evaluated reasonable price of proposals meeting the acceptability standards for non-price factors (RFO FAR 15.103-2). The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in RFO FAR 15.202(a)(2)). Therefore, the offeror's initial proposal should contain the offeror's best terms from price, technical and past performance. The

Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. The Government reserves the right to waive informalities and minor irregularities in offers received. If a minor clerical error has occurred, then the offeror may be given an opportunity to correct the minor error within the constraints of the "clarifications" process. This solicitation is for a firm, fixed price construction contract. Award shall be made to the technically acceptable offer that provides the lowest reasonable price. The Government intends to award a contract to one offeror deemed responsible in accordance with Federal Acquisition Regulation

(FAR 9.1). Offerors are required to submit technical proposals addressing the Evaluation Factors and Sub-Factors identified. The procurement is being conducted utilizing the Lowest Price

Technically Acceptable (LPTA) source selection process in accordance with RFO FAR 15.103-2.

Proposal will be evaluated for acceptability, but not ranked, using the non-price evaluation factors.

Award will be made on the basis of the lowest evaluated reasonable price of proposals meeting the acceptability standards for non-price factors. There shall be no trade-offs. Offers evaluated as not Technically Acceptable will not be eligible for award, regardless of price. The proposal must set forth full, accurate and complete information as required by the solicitation. The Government will rely on such information for the award of the contract. By submission of the offer, the Offeror agrees that all items proposed will be utilized for the duration of the contract and any substitutions will require prior Contracting Officer's approval. The offeror shall be held responsible for the validity of all information supplied in the proposal, including the information provided by potential subcontractors. Should subsequent investigation disclose that the facts and conditions were not as stated, the proposal may be rejected. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of three (3) separate parts; Part I -Technical

Proposal - Part II - Past Performance -Part III- Price Proposal. The Government's technical evaluation team will evaluate the technical proposals on an acceptable or unacceptable basis, assigning one of the ratings described below for each subfactor. Any subfactor evaluated as

"Unacceptable" will render the entire proposal unacceptable and, therefore, un-awardable. Only those proposals determined to be technically acceptable, at time of award, will be considered for award. However, the offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

Rating Description

Acceptable

Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown.

Unacceptable

Based on the offeror's performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

TECHNICAL RATINGS

Factor 1

Price: Price will be evaluated for completeness, reasonableness, and realism. Evaluations may include comparison with the

Independent Government Estimate (IGE), historical pricing, and market research.

The Government intends to make an award to the responsible Offeror whose proposal meets all technical requirements and offers the lowest evaluated price.

Factor 2

Technical Acceptability: The Government will evaluate the Offeror's proposed technical approach on an Acceptable / Unacceptable basis in accordance with DoD Source Selection Procedures.

To receive an "Acceptable" rating, the proposal must clearly demonstrate that the dishwasher system meets or exceeds all performance, energy-efficiency, and integration requirements specified in the Statement of Work.

Technical acceptability includes demonstrating:

Compatibility with existing facility conditions, electrical requirements, and tray configurations.

Meeting or exceeding the performance requirements of the existing units (e.g., models STERO STPCW-ER-18, Hobart WPS-122, Hobart CLPS86E).

Inclusion of manufacturer specifications, shop drawings, and technical data to allow review by the Government.

Ability to source comparable current models via equipment manufacturers or kitchen equipment vendors.

Factor 3

Experience in Commercial Kitchen/Restaurant-Type Projects: The Government will evaluate the Offeror's Experience on an Acceptable / Unacceptable basis.

This factor ensures the Government receives a qualified contractor capable of handling specialized commercial kitchen equipment installations.

To receive an "Acceptable" rating, the Offeror must demonstrate a minimum of five (5) years of experience performing commercial kitchen or restaurant-type projects similar in size, scope, and complexity to large-scale DFAC dishwasher or tray conveyor replacements.

Evaluation will consider:

Number of years of relevant experience (must meet the 5-year minimum).

Examples of past projects involving the installation or replacement of commercial kitchen dishwashing systems.

Documented successful completion of projects requiring coordination with food service operations, custom fabrication, and shop drawing review.

Evaluation factors: Technical is more significant than both Past Performance and Price. Past

Performance is significantly more important than Price but not more than Technical. Price is less significant than the factors of Technical and Past Performance.

Each proposal shall be evaluated to ensure that all information provided in the RFP has been addressed, is accurate and complete.

*** END OF NARRATIVE ***

*** END OF NARRATIVE ***

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.204-7 System for Award Management- Registration. (Deviation 2026- O0038)

2026-02

52.212-1 Instructions to Offerors- Commercial Products and Commercial Services. (Deviation 2026-O0038)

2026-02

52.214-12 Preparation of Bids. 1984-04

52.214-34 Submission of Offers in the English Language.

1991-04

52.214-35 Submission of Offers in U.S.

Currency.

1991-04

52.233-2 Service of Protest. (Deviation 2026-O0038)

2026-02

DFARS Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.204-7024 Notice on the Use of the Supplier Performance Risk System.

2023-03

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

2023-01

FAR Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

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

2026-02

Type of Contract (Feb 2026) (Deviation 2026-O0038)

The Government contemplates award of a contract resulting from this Firm-Fixed Price solicitation.

(End of provision)

52.252-1 Solicitation Provisions Incorporated by Reference.

1998-02

Solicitation Provisions Incorporated by Reference (Feb 1998)

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

https://acquisition.gov

(End of provision)

52.252-3 Alterations in Solicitation. 1984-04

Alterations in Solicitation (Apr 1984)

Portions of this solicitation are altered as follows:

NONE

Section 00 45 00 - Representations and Certifications

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

2024-09

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

2017-01

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

2026-02

DFARS Provisions Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

2022-09

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

2016-10

252.225-7055 Representation Regarding 2022-05

Business Operations with the Maduro Regime.

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region- Representation.

2023-06

FAR Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. (Deviation 2026-

2026-02

Tax on Certain Foreign Procurements-Notice and Representation (Feb 2026) (Deviation 2026-

(a) Definitions. As used in this provision-

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area of the United States.

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if-

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror may claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that

(1) It [ ] is [X] is not a foreign person; and

(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that-I am claiming on the IRS Form W-14 [ ] a full exemption, or [ ] partial or no exemption [Offeror must select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then-

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the IRS as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of provision)

Section 00 72 00 - General Conditions

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.202-1 Definitions. 2020-06

52.203-3 Gratuities. 1984-04

52.203-6 Restrictions on Subcontractor Sales to the Government.

2020-06

52.203-7 Anti-Kickback Procedures. 2020-06

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

2014-05

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity.

2014-05

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

2020-06

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

2017-01

52.204-13 System for Award Management- Maintenance. (Deviation 2026- O0038)

2026-02

52.204-19 Incorporation by Reference of Representations and Certifications.

2014-12

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026- O0038)

2026-02

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.

(Deviation 2026-O0038)

2026-02

52.211-13 Time Extensions. 2000-09

52.212-4 Terms and Conditions- Commercial Products and Commercial Services. (Deviation 2026-O0038)

2026-02

52.215-8 Order of Precedence-Uniform Contract Format. (Deviation 2026-O0038)

2026-02

52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026- O0038)

2026-02

52.219-27 Notice of Set-Aside for, or Sole- Source Award to, Service- Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program. (Deviation 2026-O0038)

2026-02

52.219-33 Nonmanufacturer Rule.

(Deviation 2026-O0038)

2026-02

52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038)

2026-02

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. (Deviation 2026-O0038)

2026-02

52.222-90 Addressing DEI Discrimination by Federal Contractors.

(Deviation 2026-O0040, Revision 1)

2026-04

52.226-7 Drug-Free Workplace. 2024-05

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.

2024-05

52.228-2 Additional Bond Security. 1997-10

52.228-11 Individual Surety-Pledge of Assets.

2021-02

52.228-12 Prospective Subcontractor Requests for Bonds.

2022-12

52.228-14 Irrevocable Letter of Credit. 2014-11

52.228-15 Performance and Payment Bonds-Construction.

2020-06

52.229-12 Tax on Certain Foreign Procurements. (Deviation 2026- O0038)

2026-02

52.232-8 Discounts for Prompt Payment. 2002-02

52.232-17 Interest. 2014-05

52.232-23 Assignment of Claims. 2014-05

52.232-27 Prompt Payment for Construction Contracts.

2017-01

52.232-33 Payment by Electronic Funds Transfer-System for Award Management.

2018-10

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

52.233-1 Disputes. (Deviation 2026- O0038)

2026-02

52.233-3 Protest after Award. (Deviation 2026-O0038)

2026-02

52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026- O0038)

2026-02

52.236-2 Differing Site Conditions.

(Deviation 2026-O0038)

2026-02

52.236-3 Site Investigation and Conditions Affecting the Work. (Deviation 2026-O0038)

2026-02

52.236-5 Material and Workmanship.

(Deviation 2026-O0038)

2026-02

52.236-6 Superintendence by the Contractor. (Deviation 2026- O0038)

2026-02

52.236-7 Permits and Responsibilities.

(Deviation 2026-O0038)

2026-02

52.236-8 Other Contracts. (Deviation 2026- O0038)

2026-02

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, 2026-02 and Improvements. (Deviation 2026-O0038)

52.236-10 Operations and Storage Areas.

(Deviation 2026-O0038)

2026-02

52.236-11 Use and Possession Prior to Completion. (Deviation 2026- O0038)

2026-02

52.236-12 Cleaning Up. (Deviation 2026- O0038)

2026-02

52.236-13 Accident Prevention. (Deviation 2026-O0038)

2026-02

52.236-15 Schedules for Construction Contracts. (Deviation 2026- O0038)

2026-02

52.236-21 Specifications and Drawings for Construction. (Deviation 2026- O0038)

2026-02

52.240-91 Security Prohibitions and Exclusions. (Deviation 2026- O0038)

2026-02

52.242-13 Bankruptcy. 1995-07

52.242-14 Suspension of Work. 1984-04

52.243-4 Changes. (Deviation 2026- O0038)

2026-02

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

2026-04

52.246-12 Inspection of Construction. 1996-08

52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements.

1996-08

52.249-2 Termination for Convenience of the Government (Fixed-Price).

2012-04

52.249-10 Default (Fixed-Price Construction).

1984-04

DFARS Clauses Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative.

1991-12

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.204-7003 Control of Government Personnel Work Product.

1992-04

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

2024-05

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

2023-01

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

2019-05

252.222-7002 Compliance with Local Labor Laws (Overseas).

1997-06

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

2014-09

252.223-7008 Prohibition of Hexavalent Chromium.

2023-01

252.225-7005 Identification of Expenditures in the United States.

2005-06

252.225-7012 Preference for Certain Domestic Commodities.

2022-04

252.225-7048 Export-Controlled Items. 2013-06

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.

2023-01

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

2023-06

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

2018-12

252.232-7004 DoD Progress Payment Rates. 2014-10

252.232-7010 Levies on Contract Payments. 2006-12

252.233-7001 Choice of Law (Overseas). 1997-06

252.236-7000 Modification Proposals--Price Breakdown.

1991-12

252.236-7007 Additive or Deductive Items. 1991-12

252.243-7001 Pricing of Contract Modifications. 1991-12

252.243-7002 Requests for Equitable Adjustment.

2022-12

252.247-7023 Transportation of Supplies by Sea.

2024-10

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.211-12 Liquidated Damages- Construction.

2000-09

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 for $1,717.14 each calendar day of delay until the work is completed or accepted.

(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)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small

2026-02

Business Concerns. (Deviation 2026-O0038)

Notice of Price Evaluation preference for HUBZone Small Business Concerns (Feb 2026) (Deviation 2026-O0038)

(a) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except-

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(b) Waiver of evaluation preference. A HUBZone small business concern may choose to waive the evaluation preference. If the concern waives the preference, the factor will be added to its offer for evaluation purposes.

[ ] Offeror chooses to waive the evaluation preference.

(c) Joint venture. A HUBZone joint venture agrees that, in the performance of the contract, at least 40 percent of the aggregate work performed by the joint venture shall be completed by the HUBZone small business parties to the joint venture. Work performed by the HUBZone small business parties to the joint venture must be more than administrative functions.

(End of provision)

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

2026-02

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.

(b) Domestic preference.

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

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

NONE

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

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

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

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

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

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

(B) .For domestic construction material that is a critical item or contains critical components

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

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

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

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

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

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

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)

(3) of this clause shall include adequate information for Government evaluation of the request, including-

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(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 Data unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars)*

Item 1:

Foreign construction material.

Domestic construction material.

Item 2:

Foreign construction material.

Domestic construction material.

[* Include all delivery costs to the construction site and any applicable duty (whether or not a ].duty-free entry certificate is issued)

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

[ ]Include other applicable supporting information.

(End of clause)

52.228-13 Alternative Payment Protections. 2000-07

Alternative Payment Protections (July 2000)

(a) The Contractor shall submit one of the following payment protections:

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within ____ days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

52.232-5 Payments under Fixed-Price Construction Contracts.

2014-05

Payments under Fixed-Price Construction Contracts (May 2014)

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

(b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined 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) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph…