Attachment 1 - FY23 General Construction Services BPA Synopsis Solicitation 20221202 - 20271130 Rev4 20260612.pdf

Agency/Office: MICC – Fort Drum

Location: MICC – Fort Drum

Title: FY23-28 General Construction Services Blanket Purchase Agreement (BPA)

This synopsis is for informational purposes only. This is not a request for quote (RFQ) or a promise to issue a future

RFQ. It shall not be construed as a commitment by the Government to contract for any service. The U.S. Government is not seeking quotes at this time and will not accept unsolicited proposals in response to this synopsis. Responses in any form are not offers and the Government is under no obligation to award a contract because of this announcement. No funds are available to pay for preparation of responses to this announcement. Any information submitted by respondents to this technical description is strictly voluntary. Not responding to this announcement does not preclude participation in any future RFQ, if any is issued.

The Mission and Installation Contracting Command (MICC) Fort Drum, NY is seeking to identify multiple Small

Businesses with the interest and resources to enter into a Blanket Purchase Agreement (BPA) for General Construction

Services under North American Industry Classification System (NAICS) Code 236220 Commercial and Institutional

Building Construction. The small business size standard for this industry is $45 million in average annual revenue. The

Product Service Code is Z2QA Repair or Alteration of Real Property (Public or Private). MICC-Fort Drum anticipates procuring construction projects valued between the Micro-purchase Threshold and the Simplified Acquisition Threshold. on a competitive basis through the BPA for General Construction Services.

Construction projects under the BPA would include but not be limited to the following: Provide all necessary resources, management, personnel, materials, supervision, transportation, supplies, and all equipment, except Government

Furnished Property (GFP) to facilitate all phases of work in connection with various general construction projects on

Fort Drum, NY. This would include new work, additions, alterations and maintenance and repair of real property facilities and structures. Insurance is required for these types of projects; and information on required insurance amounts will be included in the Statement of Work.

Contractors with a BPA must be capable of obtaining the payment bonds required for construction projects valued between $35,000.00 and the Simplified Acquisition Threshold. Contractors unable to meet this bonding requirement will not be considered for issuance of a BPA. Where site visits are offered and attended, the prime BPA Contractor must represent themselves (subcontractors cannot represent a prime contractor on site visits or in response to any request for information or quote). BPA contractors shall comply with FAR 52.222-6 Construction Wage Rate

Requirements (formerly Davis-Bacon Act). Each project will be competitively procured, and the Government will incorporate the most current Davis Bacon wage determination in effect at time of award. Davis Bacon wage determinations are located at https://sam.gov/content/wage-determinations.

In accordance with FAR Part 36.101-4 Advance Notices and Solicitations, contractors are required to submit requests for equitable adjustment as a result of change orders to the issuing Contracting Officer. Contractors are required to acknowledge the change order within 30 days and are to submit their request for adjustment which includes all supporting documents as soon as possible, but not later than the required completion date of the contract. In the table below is the agency’s past performance, for the period of three fiscal years, regarding the time required to definitize equitable adjustments for change orders under construction contracts.

Time to definitize after receipt of an adequate change order definitization proposal under construction contracts

Number of change order proposals definitized under construction contracts

30 days or less 0

31 to 60 days 0

61 to 90 days 0

91 to 180 days 0

181 to 365 days 0

366 or more days 0

Table 1. Change Order Definitization https://sam.gov/content/wage-determinations

When establishing these BPAs, the Government will consider price and socio-economic status. BPAs will be evaluated annually and may remain in place for up to five (5) years. Annual review of BPAs will be performed to determine whether the Government is receiving fair and reasonable pricing, usage, and participation, which may result in either continuing the BPA or early discontinuation. Early discontinuation may result if the Government no longer has a requirement for the general construction services provided by the Contractor. MICC-Fort Drum anticipates a maximum of 10 contractors holding a BPA for general construction services. A list of interested vendors will be maintained.

The Contractor must be registered in Wide Area Work Flow (WAWF) for contract payment. To register and access

WAWF, go to https://piee.eb.mil/. As prescribed in DFARS 252.204-7007, interested parties must be registered with the

System for Award Management (SAM) under NAICS Code 236220. Representations and Certifications must also be on record. SAM registration is free and done through the website at https://www.sam.gov.

Per the authority of FAR Clause 52.219.3(c) Notice of HUBZone Set-Aside or Sole-Source Award, this procurement will be 100% set aside for Historically Underutilized Business (HUB) Zone small businesses.

Instructions to Interested Parties: If your small business organization has the potential capacity to perform these general construction services and is interested in being considered for inclusion in this general construction service BPA, respond electronically to the point of contact information below. Responses must reference “FY23-28 General

Construction Services Blanket Purchase Agreement (BPA)” in the subject field, be in Portable Document Format (PDF), submitted electronically to Lyndsie Hall, lyndsie.j.hall.civ@army.mil, with a courtesy copy to SSG Kyle DuGaue, kyle.r.dugaue.mil@army.mil and SFC Yudamis Rodriguez, yudamis.n.rodriguez.mil@army.mil and include the following:

1) UEI Number

2) CAGE Code

3) Tax ID Number

4) POC’s name, physical address, email address, and telephone number

5) Website address

6) Small business size, socioeconomic categories, and type of ownership for the organization

7) Capability Statement

8) Letter from surety confirming your organization’s bonding capability

9) Completed provision representations/certifications of this synopsis

Additionally, your small business organization must complete the representations included in this synopsis’ provisions in https://www.SAM.gov.

Telephone inquiries will not be accepted or acknowledged, and no feedback or evaluations will be provided to companies regarding their submissions. Vendors who meet the requirements of this solicitation will be notified of their inclusion onto the interested vendors list for this General Construction Services BPA.

Provisions Incorporated by Reference

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls OCT 2016

Provisions Incorporated by Full Text

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract

Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a

Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

https://piee.eb.mil/ http://www.sam.gov/ mailto:lyndsie.j.hall.civ@army.mil mailto:kyle.r.dugaue.mil@army.mil http://www.sam.gov/

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than

$10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.252-1 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. 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 address:

http://www.sam.gov/ https://www.acquisition.gov

(End of provision)

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2021)

Substitute the following paragraphs (b), (d) and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:

(b)(1) If the provision at FAR 52.204-7, System for Award Management, is included in this solicitation, paragraph

(e) of this provision applies.

(2) If the provision at FAR 52.204-7, System for Award Management, is not included in this solicitation, and the

Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) Paragraph (e) applies.

(ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

(d)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:

(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation. Applies to all solicitations.

(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign

Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services--Representations.

Applies to solicitations for the acquisition of commercial satellite services.

(v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of

Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vi) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.

(vii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.

(viii) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

http://www.acquisition.gov/

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the

Contracting Officer:

(i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

(ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.

(iii) 252.225-7020, Trade Agreements Certificate.

Use with Alternate I.

(iv) 252.225-7031, Secondary Arab Boycott of Israel.

(v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

Use with Alternate I.

Use with Alternate II.

Use with Alternate III.

Use with Alternate IV.

Use with Alternate V.

(vi) 252.226-7002, Representation for Demonstration Project for Contractors Employing Persons with

Disabilities.

(vii) 252.232-7015, Performance-Based Payments--Representation.

(e) The Offeror has completed the annual representations and certifications electronically via the SAM website at https://www.acquisition.gov/. After reviewing the SAM database information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the

NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference

(see FAR 4.1201); except for the changes identified below [Offeror to insert changes, identifying change by provision number, title, date ]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS provision No. Title

Date

Change

Any changes provided by the Offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.

(End of provision)

Clauses Incorporated by Reference

52.202.1 Definitions JUN 2020

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Restrictions on Subcontractor Sales to the Government JUN 2020

52.203-7 Anti-Kickback Procedures JUN 2020

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity MAY 2014 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014

52.203-12 Limitation On Payments To Influence Certain Federal Transactions JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021

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

JAN 2017

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52-204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 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

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

FEB 2026

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations FEB 2026 52.210-1 Market Research (Deviation 2026-O0038) FEB 2026

52.213-4 Terms and Conditions-Simplified Acquisitions (Noncommercial) (Deviation 2026-O0038)

FEB 2026

52.215-2 Audit and Records-Negotiation (Deviation 2026-O0038) FEB 2026 52.215-8 Order of Precedence-Uniform Contract Format (Deviation 2026-O0038) FEB 2026 52.219-6 Notice of Total Small Business Set-Aside (Deviation 2026-O0038) FEB 2026 52.219-8 Utilization of Small Business Concerns. (Deviation 2026-O0038) FEB 2026 52.219-13 Notice of Set-Aside of Orders MAR 2020 52.219-33 Nonmanufacturer Rule FEB 2026 52.222-3 Convict Labor (Deviation 2026-O0038) FEB 2026 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation

(Deviation 2026-O0038)

FEB 2026

52.222-6 Construction Wage Rate Requirements (Deviation 2026-O0038) FEB 2026

52.222-7 Withholding of Funds (Deviation 2026-O0038) FEB 2026

52.222-8 Payrolls and Basic Records (Deviation 2026-O0038) FEB 2026

52.222-9 Apprentices and Trainees (Deviation 2026-O0038) FEB 2026

52.222-10 Compliance with Copeland Act Requirements (Deviation 2026-O0038) FEB 2026

52.222-11 Subcontracts (Labor Standards) (Deviation 2026-O0038) FEB 2026 52.222-12 Contract Termination-Debarment MAY 2014

52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations MAY 2014

52.222-14 Disputes Concerning Labor Standards (Deviation 2026-O0038) FEB 2026

52.222-15 Certification of Eligibility MAY 2014

52.222-35 Equal Opportunity for Veterans (Deviation 2026-O0038) FEB 2026

52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026-O0038) FEB 2026

52.222-37 Employment Reports on Veterans. (Deviation 2026-O0038) FEB 2026

52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (Deviation 2026-O0038)

FEB 2026

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

52.222-54 Employment Eligibility Verification MAY 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. (Deviation 2026-

O0038) FEB 2026

52.222-62 Paid Sick Leave Under Executive Order 13706. (Deviation 2026-O0038) FEB 2026

52.222-90 Addressing DEI Discrimination by Federal Contractors. (Deviation 2026-O0040, Revision 1)

APR 2026

52.223-3 Hazardous Material Identification And Material Safety Data (Deviation 2026-O0038) (Alternate I)

FEB 2026

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024

52.223-23 Sustainable Products. (Deviation 2026-O0038) FEB 2026

52.225-11 Buy American-Construction Materials under Trade Agreements. (Deviation 2026-O0038) (Alternate I) FEB 2026

52.226-7 Drug-Free Workplace MAY 2024

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving MAY 2024

52.228-2 Additional Bond Security OCT 1997

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.228-11 Individual Surety-Pledge of Assets FEB 2021

52.229-12 Prospective Subcontractor Requests for Bonds DEC 2022 52.228-14 Irrevocable Letter of Credit NOV 2014

52.228-15 Performance and Payment Bonds--Construction JUN 2020

52.229-3 Federal, State, and Local Taxes FEB 2013

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014

52.232-8 Discounts for Prompt Payment FEB 2002

52.232-16 Progress Payments (Deviation 2026-O0038) FEB 2026

52.232-17 Interest MAY 2014

52.232-23 Assignment Of Claims MAY 2014

52.232-27 Prompt Payment for Construction Contracts JAN 2017

52.232-33 Payment by Electronic Funds Transfer-System for Award Management OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023

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

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

52.236-2 Differing Site Conditions (Deviation 2026-O0038) FEB 2026

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

52.236-5 Material and Workmanship (Deviation 2026-O0038) FEB 2026 52.236-6 Superintendence by the Contractor (Deviation 2026-O0038) FEB 2026

52.236-7 Permits and Responsibilities (Deviation 2026-O0038) FEB 2026

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

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

52.236-10 Operations and Storage Areas (Deviation 2026-O0038) FEB 2026

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

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

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

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

52.236-17 Layout of Work (Deviation 2026-O0038) FEB 2026

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

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

52.242-13 Bankruptcy JUL 1995

52.242-14 Suspension of Work APR 1984

52.243-4 Changes. (Deviation 2026-O0038) FEB 2026 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

52.246-21 Warranty of Construction MAR 1994

52.249-2 Termination for Convenience of the Government (Fixed-Price) APR 2012

52.249-2 Termination for Convenience of the Government (Fixed-Price). (Alternate I) SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991 252-203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-

Related Felonies

JAN 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022

252.203-7003 Agency Office of the Inspector General AUG 2019

252.203-7004 Display of Hotline Posters JAN 2023

252.204-7000 Disclosure Of Information OCT 2016

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. JAN 2023 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

252.704-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023

252.205-7000 Provision of Information to Cooperative Agreement Holders OCT 2024 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.216-7010 Postaward Debriefings for Task Orders and Delivery Orders OCT 2025 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements JAN 2023

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023

252.225-7012 Preference for Certain Domestic Commodities APR 2022

252.225-7048 Export-Controlled Items JUN 2013

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime JAN 2023

252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the JAN 2023

People's Republic of China

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

JUN 2023

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

JAN 2023

252.226-7003 Drug-Free Work Force AUG 2024

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018

252.232-7004 DoD Progress Payment Rates OCT 2014

252.232-7010 Levies on Contract Payments DEC 2006

252.232-7011 Payments in Support of Emergencies and Contingency Operations MAY 2013

252.236-7000 Modification Proposals-Price Breakdown DEC 1991

252.236-7005 Airfield Safety Precautions DEC 1991

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel JAN 2023

252.242-7006 Accounting System Administration JAN 202

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2022

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations OCT 2010

252.247-7023 Transportation of Supplies by Sea OCT 2024

Clauses Incorporated by Full Text

52.219-3 NOTICE OF HUBZONE SET-ASIDE OR SOLE-SOURCE AWARD (FEB 2026) DEVIATION 2026-

O0038

(a) Definition. "HUBZone small business concern,'' as used in this clause, means a small business concern, certified by the Small Business Administration (SBA), that appears on the List of Qualified HUBZone Small Business Concerns maintained by the SBA (13 CFR 126.103).

(b) Applicability. This clause applies only to--

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

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

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

(4) Orders issued directly to HUBZone small business concerns under multiple-award contracts as described in

19.504(c)(1)(ii).

(c) General.

(1) Offers are solicited only from HUBZone small business concerns. Offers received from concerns that are not

HUBZone small business concerns will not be considered.

(2) Any award resulting from this solicitation will be made to a HUBZone small business concern.

(d) Joint venture. A joint venture may be considered a HUBZone concern if--

(1) At least one party to the joint venture is a HUBZone small business concern and complies with 13 CFR

126.616(c); and

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

(e) 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 party or parties to the joint venture must be more than administrative functions.

(End of clause)

52.219-14 LIMITATIONS ON SUBCONTRACTING (FEB 2026) DEVIATION 2021-O0008

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

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

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

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

(c) Applicability. This clause applies only to--

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

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

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

19.15;

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

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and

16.505(b)(2)(i)(F); or

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

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

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in

8.405-5 and 16.505(b)(2)(i)(F); or

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

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

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

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

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded.

When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

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

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

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

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

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

Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

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

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

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

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

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

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph

(e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protege and its mentor approved by the Small Business

Administration, the small business protege shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protege in the joint venture must be more than administrative

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative

52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FEB 2026) DEVIATION 2026-

O0038

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was a small business concern, a small disadvantaged business concern, or a joint venture that was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(d) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation(s) required by paragraph

(b) of this clause by validating or updating all its representations in the Representations and Certifications section of the

System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it □ is, □ is not a small business concern under NAICS Code _____ assigned to contract number _____.

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (g)(1) of this clause.] The

Contractor represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.

(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it

□ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __ .]

(5) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The

Contractor represents that it □ is, □ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(6) HUBZone joint venture eligible under the HUBZone Program.[ Complete only if the offeror is a HUBZone small business concern. ] The offeror represents, as part of its offer, that It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _____. ] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern. [ Contractor to sign and date and insert authorized signer's name and title.______________________ ]

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (FEB 2026) DEVIATION 2026-O0038

(a) Definitions. As used in this clause--

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

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

(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal

Acquisition Regulation (FAR) 2.101);

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

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

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

Component means an article, material, or supply incorporated directly into a construction material.

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. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

-None

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

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

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

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

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the

United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

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

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

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

(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the

Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.

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

(ii) The application of the restriction of the Buy American Act 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…