W912BV24C0019 DRSAA Kansas Road Project_Executed.pdf

W44XGQ42500362

DRSAA Kansas Roads Project - John Redmond Reservoir, Elk City Reservoir, and Fall River Lake, Kansas.

This is a competitive solicitation for a firm-fixed price contract.

The NAICS code for this project is 237310 – Highw ay, Street, and Bridge Construction. The size standard is $45M.

In accordance w ith FAR PART 36 and Defense Federal Acquisition Regulation Supplement (DFARS) PART 236, the cost magnitude of this project is betw een: $1,000,000 and $5,000,000.

Please Note: This solicitation requires offerors to enter a National Institute of Standards and Technology (NIST) score in the Supplier Performance Risk System (SPRS). The NIST score is required before an aw ard can be made.

This acquisition is solicited as a Total Small Business Set-Aside

TYLER L GODWIN 918.669.7281

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

19-Sep-2024

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________15 May 2024 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

W912BV24C0019

7. ISSUED BY CODE

CONTRACTING DIV

US ARMY CORPS OF ENGINEERS, TULSA DISTRICT

2488 E. 81ST STREET

TULSA OK 74137-4290

W912BV

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

918-669-7436FAX:TEL: TEL: FAX:

W912BV24R00050002 84

See Item 7

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE

1TRG6

FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

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 NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

SEE SCHEDULE

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

$1,070,540.00 See Schedule

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE 96414527. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

US ARMY CORPS OF ENGRS FINANCE CENTER

5722 INTEGRITY DRIVE

DISBURSING DIVISION: 901-873-9136

MILLINGTON TN 38054-5005

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

C & M CONTRACTORS, INC

MELINDA VAUGHN

849 RIPLEY K-3

DONIPHAN MO 63935-7298

15. TELEPHONE NO. (Include area code) 573-996-3113

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

X 29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract. REF: W912BV24R0005

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print) DARIO M RISSONE / Added by UPASS

TEL: 918.669.7109 EMAIL: dario.m.rissone@usace.army.mil

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY 19-Sep-2024

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912BV24C0019

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 5,700 Square

Yard $58.00 $330,600.00

John Redmond Damsite Road Asphalt Paving

FFP

FOB: Destination

PURCHASE REQUEST NUMBER: W44XGQ42500362

PSC CD: Z2LB

NET AMT $330,600.00

ACRN AA

CIN: W44XGQ425003620001

$330,600.00

0002 1 Each $6,150.00 $6,150.00 Elk City Demolish 18 inch CMP

FFP

(Less than 6ft Depth) FOB: Destination

NET AMT $6,150.00

ACRN AB

CIN: W44XGQ425003620002

$6,150.00

0003 1 Each $12,200.00 $12,200.00 Elk City New 18 inch HDPE Pipe

FFP

(Less than 6ft Depth) FOB: Destination

NET AMT $12,200.00

CIN: W44XGQ425003620003

$12,200.00

0004 1 Each $6,000.00 $6,000.00 Elk City Demolish 24 inch CMP

FFP

(Less than 6 ft Depth) FOB: Destination

NET AMT $6,000.00

CIN: W44XGQ425003620004

$6,000.00

0005 1 Each $12,500.00 $12,500.00 Elk City New 24 inch HDPE Pipe

FFP

(Less than 6 ft Depth) FOB: Destination

NET AMT $12,500.00

CIN: W44XGQ425003620005

$12,500.00

0006 1 Each $6,250.00 $6,250.00 Elk City Demolish 36 inch CMP

FFP

(Greater than 6 ft Depth) FOB: Destination

NET AMT $6,250.00

CIN: W44XGQ425003620006

$6,250.00

0007 1 Each $14,500.00 $14,500.00 Elk City New 36 inch HDPE Pipe

FFP

(Greater than 6 ft Depth) FOB: Destination

NET AMT $14,500.00

CIN: W44XGQ425003620007

$14,500.00

0008 6 Each $9,500.00 $57,000.00 Elk City Concrete End Treatment

FFP

FOB: Destination

NET AMT $57,000.00

CIN: W44XGQ425003620008

$57,000.00

0009 11 Metric Ton $220.00 $2,420.00 Elk City 12 inch Riprap

FFP

FOB: Destination

NET AMT $2,420.00

CIN: W44XGQ425003620009

$2,420.00

0010 $0.00 Elk City Card Creek PUA Road Asphalt Pvg

FFP

STA 0+00 TO STA 30+69

NET AMT $0.00

0010AA 1,917.8966 Square

Yard $58.00 $111,238.00

Elk City Card Creek PUA Road Asphalt Pvg

FFP

STA 0+00 TO STA 30+69

FOB: Destination

NET AMT $111,238.00

CIN: W44XGQ425003620010

$111,238.00

0010AB 32.1034 Square

Yard $58.00 $1,862.00

Elk City Card Creek PUA Road Asphalt Pvg

FFP

STA 0+00 TO STA 30+69

FOB: Destination

NET AMT $1,862.00

CIN: W44XGQ425003620011

$1,862.00

0011 25,000 Linear

Foot $3.00 $75,000.00

Elk City Road Striping

FFP

(Double Yellow - Center & Single White - Each Side) FOB: Destination

NET AMT $75,000.00

CIN: W44XGQ425003620012

$75,000.00

0012 3 Each $5,150.00 $15,450.00 Fall River Demolish 24 Inch CMP

FFP

(Less than 6th Depth) FOB: Destination

NET AMT $15,450.00

ACRN AC

CIN: W44XGQ425003620013

$15,450.00

0013 3 Each $12,000.00 $36,000.00 Fall River New 24 inch HDPE Pipe

FFP

(Less than 6th Depth) FOB: Destination

NET AMT $36,000.00

CIN: W44XGQ425003620014

$36,000.00

0014 2,000 Square

Yard $50.00 $100,000.00

Fall River Whitehall Bay PUA Road Pvg

FFP

Asphalt Paving - STA 20+75 TO 29+30 FOB: Destination

NET AMT $100,000.00

CIN: W44XGQ425003620015

$100,000.00

0015 $0.00 Fall River Remove and Reset Gate

FFP

NET AMT $0.00

0015AA 1 Job $146.00 $146.00 Fall River Remove and Reset Gate

FFP

FOB: Destination

NET AMT $146.00

CIN: W44XGQ425003620016

$146.00

0015AB 1 Job $3,854.00 $3,854.00 Fall River Remove and Reset Gate

FFP

FOB: Destination

NET AMT $3,854.00

CIN: W44XGQ425003620017

$3,854.00

0016 340 Metric Ton $720.00 $244,800.00 Fall River Ditch Repair Riprap

FFP

(6 in Riprap at 10 in Depth at Average 10ft Width) FOB: Destination

NET AMT $244,800.00

CIN: W44XGQ425003620018

$244,800.00

0017 200 Metric Ton $75.00 $15,000.00 Fall River Ditch Repair Bedding

FFP

(6 in Depth at Average 10ft Width) FOB: Destination

NET AMT $15,000.00

CIN: W44XGQ425003620019

$15,000.00

0018 20 Cubic

Yard $335.00 $6,700.00

Fall River Ditch Repair Grout

FFP

FOB: Destination

NET AMT $6,700.00

CIN: W44XGQ425003620020

$6,700.00

0019 6 Each $1,620.00 $9,720.00 Galvanized Steel Flared End Section

FFP

(Fall River) FOB: Destination

NET AMT $9,720.00

CIN: W44XGQ425003620021

$9,720.00

0020 18 Metric Ton $175.00 $3,150.00 Fall River 10 Inch Riprap

FFP

FOB: Destination

NET AMT $3,150.00

CIN: W44XGQ425003620022

$3,150.00

1001 2,550 Square

Yard $50.00 $127,500.00

OPTION Damsite Group Shelter Asphalt Paving

FFP

(John Redmond) FOB: Destination

NET AMT $127,500.00

1002 500 Square

Yard $50.00 $25,000.00

OPTION Damsite Dump Station Asphalt Paving

FFP

(John Redmond)

NET AMT $25,000.00

1003 455 Square

Yard $44.00 $20,020.00

OPTION Pulverize and Compact Asphalt Pavement

FFP

(John Redmond)

NET AMT $20,020.00

1004 75 Metric Ton $226.00 $16,950.00 OPTION Place TBSC Over Compacted Asphalt

FFP

(John Redmond) Place TBSC Over Pulverized Compacted Asphalt

NET AMT $16,950.00

1005 1 Job $28,000.00 $28,000.00 OPTION Demolish & Remove Asphalt Pavement, etc.

FFP

(John Redmond) Demolish and Remove Asphalt Pavement, Remove 16 in CMP, Grade to Drain and Hydroseed.

NET AMT $28,000.00

1006 10,000 Square

Yard $55.00 $550,000.00

OPTION Damsite Road Asphalt Paving

FFP

(John Redmond)

NET AMT $550,000.00

1007 5,000 Square

Yard $52.00 $260,000.00

OPTION Boat Ramp Parking Asphalt Paving

FFP

(John Redmond)

NET AMT $260,000.00

1008 1,600 Metric Ton $130.00 $208,000.00 OPTION Ditch Slope Repair Riprap

FFP

(John Redmond) 6 in Riprap at 10 in Depth at Average 10 ft Width

NET AMT $208,000.00

1009 1,000 Metric Ton $72.00 $72,000.00 OPTION Ditch Slope Repair Riprap

FFP

(John Redmond) 6 in Depth at Average 10 ft Width

NET AMT $72,000.00

1010 530 Cubic

Yard $275.00 $145,750.00

OPTION Ditch Slope Repair Grout

FFP

(John Redmond)

NET AMT $145,750.00

1011 3,400 Square

Yard $50.00 $170,000.00

OPTION Card Creek PUA Road Asphalt Paving

FFP

(Elk City) - STA 30+69 to STA 62+30

NET AMT $170,000.00

1012 1 Each $6,500.00 $6,500.00 OPTION Demolish 18 in CMP

FFP

(Fall River) Less than 6 ft Depth

NET AMT $6,500.00

1013 1 Each $12,600.00 $12,600.00 OPTION New 18 in HDPE

FFP

(Fall River) Less than 6 ft depth

NET AMT $12,600.00

1014 870 Square

Yard $50.00 $43,500.00

OPTION Whitehall Bay Beach Road & Parking

FFP

(Fall River) Whitehall Bay Beach Road & Parking Asphalt Paving

NET AMT $43,500.00

1015 2 Each $2,100.00 $4,200.00 OPTION Galvanized Steel Flared End Section

FFP

(Fall River)

NET AMT $4,200.00

1016 6 Metric Ton $325.00 $1,950.00 OPTION 12 in Riprap

FFP

(Fall River)

NET AMT $1,950.00

1017 1,750 Square

Yard $50.00 $87,500.00

OPTION Whitehall Bay Shower House Parking

FFP

(Fall River) Whitehall Bay Shower House Parking Asphalt Paving

NET AMT $87,500.00

1018 700 Square

Yard $50.00 $35,000.00

OPTION Whitehall Bay Boat Ramp Parking Asphalt

FFP

(Fall River) Whitehall Bay Boat Ramp Parking Asphalt Paving

NET AMT $35,000.00

1019 2,222 Square

Yard $50.00 $111,100.00

OPTION County Road 393 Road Asphalt Paving

FFP

(Fall River)

NET AMT $111,100.00

1020 4,850 Square

Yard $50.00 $242,500.00

OPTION Whitehall Bay PUA Road Asphalt

FFP

(Fall River) Whitehall Bay PUA Road Asphalt Paving - STA 00+00 to STA 20+75

NET AMT $242,500.00

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 365 dys. ANP 5,700 E&C, TULSA RESIDENT OFFICE

US ARMY CORPS OF ENGINEERS, TULSA

DISTRICT

2488 E. 81ST STREET

TULSA OK 74137-7209

967273

0002 365 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0003 365 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0004 365 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0005 365 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0006 365 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0007 365 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0008 365 dys. ANP 6 (SAME AS PREVIOUS LOCATION)

0009 365 dys. ANP 11 (SAME AS PREVIOUS LOCATION)

0010 N/A N/A N/A N/A

0010AA 365 dys. ANP 1,917.8966 E&C, TULSA RESIDENT OFFICE

US ARMY CORPS OF ENGINEERS, TULSA

DISTRICT

2488 E. 81ST STREET

TULSA OK 74137-7209

0010AB 365 dys. ANP 32.1034 (SAME AS PREVIOUS LOCATION)

0011 365 dys. ANP 25,000 (SAME AS PREVIOUS LOCATION)

0012 365 dys. ANP 3 (SAME AS PREVIOUS LOCATION)

0013 365 dys. ANP 3 (SAME AS PREVIOUS LOCATION)

0014 365 dys. ANP 2,000 (SAME AS PREVIOUS LOCATION)

0015 N/A N/A N/A N/A

0015AA 365 dys. ANP 1 E&C, TULSA RESIDENT OFFICE

US ARMY CORPS OF ENGINEERS, TULSA

DISTRICT

2488 E. 81ST STREET

TULSA OK 74137-7209

0015AB 365 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0016 365 dys. ANP 340 (SAME AS PREVIOUS LOCATION)

0017 365 dys. ANP 200 (SAME AS PREVIOUS LOCATION)

0018 365 dys. ANP 20 (SAME AS PREVIOUS LOCATION)

0019 365 dys. ANP 6 (SAME AS PREVIOUS LOCATION)

0020 365 dys. ANP 18 (SAME AS PREVIOUS LOCATION)

1001 365 dys. ANP 2,550 (SAME AS PREVIOUS LOCATION)

1002 365 dys. ANP 500 (SAME AS PREVIOUS LOCATION)

1003 365 dys. ANP 455 (SAME AS PREVIOUS LOCATION)

1004 365 dys. ANP 75 (SAME AS PREVIOUS LOCATION)

1005 365 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

1006 365 dys. ANP 10,000 (SAME AS PREVIOUS LOCATION)

1007 365 dys. ANP 5,000 (SAME AS PREVIOUS LOCATION)

1008 365 dys. ANP 1,600 (SAME AS PREVIOUS LOCATION)

1009 365 dys. ANP 1,000 (SAME AS PREVIOUS LOCATION)

1010 365 dys. ANP 530 (SAME AS PREVIOUS LOCATION)

1011 365 dys. ANP 3,400 (SAME AS PREVIOUS LOCATION)

1012 365 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

1013 365 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

1014 365 dys. ANP 870 (SAME AS PREVIOUS LOCATION)

1015 365 dys. ANP 2 (SAME AS PREVIOUS LOCATION)

1016 365 dys. ANP 6 (SAME AS PREVIOUS LOCATION)

1017 365 dys. ANP 1,750 (SAME AS PREVIOUS LOCATION)

1018 365 dys. ANP 700 (SAME AS PREVIOUS LOCATION)

1019 365 dys. ANP 2,222 (SAME AS PREVIOUS LOCATION)

1020 365 dys. ANP 4,850 (SAME AS PREVIOUS LOCATION)

ACCOUNTING AND APPROPRIATION DATA

AA: 96X31230000 082458 32305DH7H0008530 NA 96345

AMOUNT: $361,036.00

AB: 96X31230000 082458 32305G66C0005360 NA 96345

AMOUNT: $303,258.00

AC: 96X31230000 082458 32305G16C2005790 NA 96345

AMOUNT: $406,246.00

ACRN CLIN/SLIN CIN AMOUNT

AA 0001 W44XGQ425003620001 $330,600.00

0010AB W44XGQ425003620011 $1,862.00

0015AB W44XGQ425003620017 $3,854.00

0017 W44XGQ425003620019 $15,000.00

0019 W44XGQ425003620021 $9,720.00

AB 0002 W44XGQ425003620002 $6,150.00

0003 W44XGQ425003620003 $12,200.00

0004 W44XGQ425003620004 $6,000.00

0005 W44XGQ425003620005 $12,500.00

0006 W44XGQ425003620006 $6,250.00

0007 W44XGQ425003620007 $14,500.00

0008 W44XGQ425003620008 $57,000.00

0009 W44XGQ425003620009 $2,420.00

0010AA W44XGQ425003620010 $111,238.00

0011 W44XGQ425003620012 $75,000.00

AC 0012 W44XGQ425003620013 $15,450.00

0013 W44XGQ425003620014 $36,000.00

0014 W44XGQ425003620015 $100,000.00

0015AA W44XGQ425003620016 $146.00

0016 W44XGQ425003620018 $244,800.00

0018 W44XGQ425003620020 $6,700.00

0020 W44XGQ425003620022 $3,150.00

Section 00 22 00 - Supplementary Instructions

CLAUSES INCORPORATED BY REFERENCE

252.236-7006 Cost Limitation JAN 1997 252.236-7008 Contract Prices-Bidding Schedules DEC 1991

Section 00 45 00 - Representations and Certifications

52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 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 People's Republic of China

JAN 2023

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

JUN 2023

252.243-7002 Requests for Equitable Adjustment DEC 2022

Section 00 70 00 - Conditions of the Contract

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A Destination Government 0002 N/A N/A Destination Government 0003 N/A N/A Destination Government 0004 N/A N/A Destination Government 0005 N/A N/A Destination Government 0006 N/A N/A Destination Government 0007 N/A N/A Destination Government 0008 N/A N/A Destination Government 0009 N/A N/A Destination Government 0010 N/A N/A N/A N/A 0010AA N/A N/A Destination Government 0010AB N/A N/A Destination Government 0011 N/A N/A Destination Government 0012 N/A N/A Destination Government 0013 N/A N/A Destination Government 0014 N/A N/A Destination Government 0015 N/A N/A N/A N/A 0015AA N/A N/A Destination Government 0015AB N/A N/A Destination Government 0016 N/A N/A Destination Government 0017 N/A N/A Destination Government 0018 N/A N/A Destination Government 0019 N/A N/A Destination Government 0020 N/A N/A Destination Government 1001 N/A N/A Destination Government 1002 N/A N/A Destination Government 1003 N/A N/A Destination Government 1004 N/A N/A Destination Government 1005 N/A N/A Destination Government 1006 N/A N/A Destination Government 1007 N/A N/A Destination Government 1008 N/A N/A Destination Government 1009 N/A N/A Destination Government 1010 N/A N/A Destination Government 1011 N/A N/A Destination Government 1012 N/A N/A Destination Government 1013 N/A N/A Destination Government 1014 N/A N/A Destination Government 1015 N/A N/A Destination Government 1016 N/A N/A Destination Government 1017 N/A N/A Destination Government 1018 N/A N/A Destination Government 1019 N/A N/A Destination Government 1020 N/A N/A Destination Government

Section 00 72 00 - General Conditions

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 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 52.203-14 Display of Hotline Poster(s) NOV 2021 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-2 Alt II Security Requirements (MAR 2021) - Alternate II APR 1984 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-28 Federal Acquisition Supply Chain Security Act Orders-- Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts.

DEC 2023

52.204-30 Federal Acquisition Supply Chain Security Act Orders-- Prohibition.

DEC 2023

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research NOV 2021 52.211-18 Variation in Estimated Quantity APR 1984 52.215-2 Audit and Records--Negotiation JUN 2020 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-12 Subcontractor Certified Cost or Pricing Data JUN 2020 52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications JUN 2020

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

NOV 2021

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

OCT 2022

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns SEP 2023 52.219-16 Liquidated Damages-Subcontracting Plan SEP 2021 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.

JUN 2016

52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997

52.228-11 (Dev) Individual Surety--Pledge of Assets (DEVIATION 2020- O0016)

FEB 2021

52.228-12 Prospective Subcontractor Requests for Bonds DEC 2022 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 (Dev) Performance and Payment Bonds-Construction. (Deviation

2020-O0016)

JUN 2020

52.229-3 Federal, State And Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-16 Progress Payments NOV 2021 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

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-4 Physical Data APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Products and Commercial

Services

SEP 2023

52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.252-2 Clauses Incorporated By Reference FEB 1998 52.252-6 Authorized Deviations In Clauses NOV 2020 52.253-1 Computer Generated Forms JAN 1991 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 252.203-7004 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 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

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

JAN 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 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

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements JAN 2023 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Alt I Prohibition on Storage, Treatment, and Disposal of Toxic or

Hazardous Materials - Alternate I

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7007 Prohibition on Acquisition of Certain Items from Communist

Chinese Military Companies

DEC 2018

252.225-7048 Export-Controlled Items JUN 2013 252.227-7013 Rights in Technical Data--Other Than Commercial Products and Commercial Services

MAR 2023

252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7033 Rights in Shop Drawings APR 1966 252.227-7037 Validation of Restrictive Markings on Technical Data JAN 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7002 Obstruction of Navigable Waterways DEC 1991 252.236-7013 Requirement for Competition Opportunity for American Steel

Producers, Fabricators, and Manufacturers

JAN 2023

252.242-7004 Material Management And Accounting System MAY 2011 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

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

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)--

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use-

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

(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 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;

(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--

[Contracting Officer check as appropriate.]

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

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

(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 functions.

(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 functions.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2023)

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

(d) 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 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 (f) of this clause or, if applicable, paragraph (h) 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) If the Contractor represented that it 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 (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) 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.

(e) 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.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) 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 office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) 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 (f) or (h) of this clause.

(h) 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 (h)(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) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) 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: .]

(5) 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: .]

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.]

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021)

(a) "Hazardous material", as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (if none, insert None) Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items.

Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to--

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

52.225-11 BUY AMERICAN --CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (DEC

2022) ALTERNATE I (DEC 2022)

(a) Definitions. As used in this clause—

Bahrainian, Mexican, or Omani construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of Bahrain, Mexico, or Oman; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in Bahrain, Mexico, or Oman into a new and different construction material distinct from the materials from which it was transformed.

Caribbean Basin country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

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 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…