W912P926RA001 Solicitation.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

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

9. FOR

INFORMATION CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

AWARD (To be completed by Government)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Section A - Solicitation/Contract Form

NESP LD25 Lock Foundation & Site PreparationInstrument Name:

W912P926RA001

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 Mobilization & Demobilization Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price

1 Job

0002 Site Preparation (encompasses Pricing Schedule items 0002 - 0006) Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price

1 Job

0003 Lock Foundation (encompasses Pricing Schedule items 0007 - 0021) Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Assist Vessel Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price

90 Days

Section C - Description/Specifications/Statement of Work

Requirements The proposed project will consist of lock foundation and site preparation work. The lock foundation work establishes the lock wall and floor foundation. It consists of excavation and disposal of existing scour protection riprap that was part of previous scour hole emergency repair, dredging of sand fill, placement of sand fill in the proposed lock foundation, and placement of riprap berm. Work also includes the construction of a separator wall that will separate the river side riprap berm from the dredged sand that will be placed as foundation material for the future river wall monoliths and lock floor. The separate wall will be a sheet pile wall braced with piles. This effort also includes a deflector on the downstream side of the dam to route water flowing through the tainter gated dam adjacent to the river walls around the sheet pile separator wall. For the site preparation work, additional dredge borrow will be placed upland for a future staging and laydown area and a sanitary outfall pipe will be installed.

Product Service Code : Y1PZ North American Industry Classification System (NAICS) : 237990

Product Service Code : Y1PZ North American Industry Classification System (NAICS) : 237990

Product Service Code : Y1PZ North American Industry Classification System (NAICS) : 237990

Option Line Item 0004 Product Service Code : Y1PZ North American Industry Classification System (NAICS) : 237990

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.246-12 Inspection of Construction.

1996-08

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: Government will inspect performance in line with the contract specifications prior to acceptance.

DoDAAC: 966408 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOCK AND DAM NR 25, WINFIELD MO 63389

WINFIELD, MO 63389

UNITED STATES

0002 Inspection and Acceptance Location

Both Destination Instructions: Government will inspect performance in line with the contract specifications prior to acceptance.

DoDAAC: 966408 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOCK AND DAM NR 25, WINFIELD MO 63389

WINFIELD, MO 63389

UNITED STATES

0003 Inspection and Acceptance Location

Both Destination Instructions: Government will inspect performance in line with the contract specifications prior to acceptance.

DoDAAC: 966408 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOCK AND DAM NR 25, WINFIELD MO 63389

WINFIELD, MO 63389

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Government will inspect performance in line with the contract specifications prior to acceptance.

DoDAAC: 966408 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOCK AND DAM NR 25, WINFIELD MO 63389

WINFIELD, MO 63389

UNITED STATES

Section F - Deliveries or Performance

Variation in Estimated Quantity

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price be made upon demand of either shall party. The equitable adjustment be based upon any increase or decrease in costs due shall solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor request, , an extension of time, to be received by the may in writing Contracting within 10 days from the beginning of the delay, or within such further period as be Officer may granted by the before the date of final settlement of the contract. Upon the Contracting Officer receipt of a written request for an extension, the ascertain the facts Contracting Officer shall and make an adjustment for extending the completion date as, in the judgement of the

, is justified.Contracting Officer

(End of condition)

VARIATIONS IN ESTIMATED QUANTITIES -- SUB LINE ITEMS

This variation in estimated quantities clause is applicable only to item Nos. 0011, 0013.

(a) Variation from the estimated quantity in the actual work performed under any second or subsequent subline item or elimination of all work under such a second or subsequent subline item will not be the basis for an adjustment in contract unit price.

(b) Where the actual quantity of work performed for item Nos. is less than 85% of 0011, 0013 the quantity of the first subline item listed under such item, the contractor will be paid at the contract unit price for that subline item for the actual quantity of work performed and, in addition, an equitable adjustment shall be made in accordance with Variation in Estimated Quantities.

(c) If the actual quantity of work performed under item Nos. exceeds 115% or is 0011, 0013 less than 85% of the total estimated quantity of the subline item under that item and/or if the quantity of the work performed under the second subline item or any subsequent subline item under item Nos. exceeds 115% or is less than 85% of the estimated quantity of any 0011, 0013 such subline item, and if such variation causes an increase or a decrease in the time required for performance of this contract the contract completion time will be adjusted in accordance with the Variation in Estimated Quantities.

(End of condition)

*** END OF NARRATIVE 1 ***

0001 Delivery Schedule From date of lead time event to completion of performance 548 Calendar Days

Date of Notice to Proceed Receipt 1 JobQuantity

Address and POC Place of Performance DoDAAC: 966402 CountryCode: USA

USACE ST LOUIS DISTRICT

LOGISTICS, 1222 SPRUCE STREET SAINT LOUIS, MO 63103 UNITED

STATES

Richard Lee Email: richard.j.lee@usace.army.mil Telephone: (314) 331-8723

0002 Delivery Schedule From date of lead time event to completion of performance 365 Calendar Days

Date of Notice to Proceed Receipt 1 JobQuantity

Address and POC Place of Performance DoDAAC: 966402 CountryCode: USA

USACE ST LOUIS DISTRICT

LOGISTICS, 1222 SPRUCE STREET SAINT LOUIS, MO 63103 UNITED

STATES

Richard Lee Email: richard.j.lee@usace.army.mil Telephone: (314) 331-8723

0003 Delivery Schedule From date of lead time event to completion of performance 548 Calendar Days

Date of Notice to Proceed Receipt 1 JobQuantity

Address and POC Place of Performance DoDAAC: 966402 CountryCode: USA

USACE ST LOUIS DISTRICT

LOGISTICS, 1222 SPRUCE STREET SAINT LOUIS, MO 63103 UNITED

STATES

Richard Lee Email: richard.j.lee@usace.army.mil Telephone: (314) 331-8723

Option Line Item

Delivery Schedule From date of lead time event to completion of performance 548 Calendar Days

Date of Notice to Proceed Receipt

90 DaysQuantity

Address and POC Place of Performance DoDAAC: 966402 CountryCode: USA

USACE ST LOUIS DISTRICT

LOGISTICS, 1222 SPRUCE STREET SAINT LOUIS, MO 63103 UNITED

STATES

Richard Lee Email: richard.j.lee@usace.army.mil Telephone: (314) 331-8723

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.247-34 F.o.b. Destination. 1991-01

52.247-35 F.o.b. Destination, Within Consignee's Premises.

1984-04

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. 1991-12

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

2018-12

252.236-7000 Modification Proposals--Price Breakdown.

1991-12

Section H - Special Contract Requirements

Section I - Contract Clauses

Commencement, Prosecution, and Completion of Work - Construction

The Contractor shall be required to (a) commence work under this contract within ten (10) days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 365 calendar days after NTP for the Site Preparation and 548 calendar days after NTP for the Lock Foundation.

(End of condition)

Physical Data

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys.

(b) Weather conditions: Information with respect to temperatures and precipitation may be obtained from the National Weather Service.

(c) Transportation facilities: Railroads and highways serve the general area of the work. Water transportation is available to the site of the work.

(d) Condition of River Channel. Data relating to river stages, soundings and flow may be obtained by calling the St. Louis District Corps of Engineers Water Control Management Office at 800-432-1208.

(e) Channel Traffic. There is moderate commercial and pleasure traffic operating in the Mississippi River adjacent to the site. The passage of large craft may delay operations in the channel.

(f) Obstruction of Channel. The Government will not undertake to keep the channel free from vessels or other obstructions, except to the extent of such regulations, if any, as may be prescribed by the Secretary of the Army, in accordance with the provisions of Section 7 of the River and Harbor Act approved 8 August 1917. The Contractor will be required to conduct the work in such manner as to obstruct navigation as little as possible, and in case the Contractor's plant so obstructs the channel as to make difficult or endanger the passage of vessels, said plant shall be promptly moved on the approach of any vessel to such an extent as may be necessary to afford a practicable passage. Upon completion of the work under this contract, all plant including ranges, buoys, piles, and other marks placed in navigable waters or on shore by the Contractor, shall be promptly removed.

(End of condition)

Quantity Surveys

(a) Quantity surveys shall be conducted, and the data derived from these surveys shall be used in computing the quantities of work performed and the actual construction completed and in place.

(1) The Government will conduct the original and final surveys and make the computations based on them.

(2)

(i) The Contractor shall conduct the surveys for any periods for which progress payments are requested and shall make the computations based on these surveys.

(ii) All surveys conducted by the Contractor shall be conducted under the direction of a representative of the Contracting Officer, unless the Contracting Officer waives this requirement in a specific instance.

(b) Upon completing a survey, the Contractor shall promptly provide the originals of all field notes and all other records relating to the survey or to the layout of the work to the Contracting

Officer, which may be used by the Contracting Officer to determine the amount of progress payments.

(c) The Contractor shall retain copies of all such material furnished to the Contracting Officer.

(End of condition)

*** END OF NARRATIVE 1 ***

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-3 Gratuities. 1984-04

52.203-5 Covenant Against Contingent Fees. 2014-05

52.203-6 Restrictions on Subcontractor Sales to the Government.

2020-06

52.203-7 Anti-Kickback Procedures. 2020-06

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

2014-05

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

2014-05

52.203-12 Limitation on Payments to Influence 2020-06

Certain Federal Transactions.

52.203-13 Contractor Code of Business Ethics and Conduct.

2021-11

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

2017-01

52.204-9 Personal Identity Verification of Contractor Personnel.

2011-01

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (Deviation)

2026-02

52.204-19 Incorporation by Reference of Representations and Certifications.

2014-12

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

(Deviation)

2026-02

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.

(Deviation)

2026-02

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

2026-02

52.210-1 Market Research. (Deviation) 2026-02

52.215-2 Audit and Records-Negotiation. (Deviation) 2026-02

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

2026-02

52.215-15 Pension Adjustments and Asset Reversions. (Deviation)

2026-02

52.219-8 Utilization of Small Business Concerns.

(Deviation)

2026-02

52.219-9 Small Business Subcontracting Plan.

(Deviation)

2026-02

52.222-1 Notice to the Government of Labor Disputes. (Deviation)

2026-02

52.222-6 Construction Wage Rate Requirements.

(Deviation)

2026-02

52.222-7 Withholding of Funds. (Deviation) 2026-02

52.222-8 Payrolls and Basic Records. (Deviation) 2026-02

52.222-9 Apprentices and Trainees. (Deviation) 2026-02

52.222-10 Compliance with Copeland Act Requirements. (Deviation)

2026-02

52.222-11 Subcontracts (Labor Standards).

(Deviation)

2026-02

52.222-12 Contract Termination-Debarment. 2014-05

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations.

2014-05

52.222-14 Disputes Concerning Labor Standards.

(Deviation)

2026-02

52.222-15 Certification of Eligibility. 2014-05

52.222-32 Construction Wage Rate Requirements- Price Adjustment (Actual Method).

(Deviation)

2026-02

52.222-34 Project Labor Agreement. (Deviation) 2026-02

52.222-35 Equal Opportunity for Veterans. (Deviation) 2026-02

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

2026-02

52.222-37 Employment Reports on Veterans. 2026-02

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

2026-02

52.222-54 Employment Eligibility Verification.

(Deviation)

2026-02

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

2026-02

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

2026-02

52.223-5 Pollution Prevention and Right-to-Know Information.

2024-05

52.226-7 Drug-Free Workplace. 2024-05

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

2024-05

52.228-2 Additional Bond Security. 1997-10

52.228-5 Insurance-Work on a Government Installation.

1997-01

52.228-11 Individual Surety-Pledge of Assets. 2021-02

52.228-12 Prospective Subcontractor Requests for Bonds.

2022-12

52.228-14 Irrevocable Letter of Credit. 2014-11

52.228-15 Performance and Payment Bonds- Construction.

2020-06

52.229-3 Federal, State, and Local Taxes. 2013-02

52.229-12 Tax on Certain Foreign Procurements. 2021-02

52.232-8 Discounts for Prompt Payment. 2002-02

52.232-18 Availability of Funds. 1984-04

52.232-23 Assignment of Claims. 2014-05

52.232-27 Prompt Payment for Construction Contracts.

2017-01

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

2018-10

52.232-39 Unenforceability of Unauthorized Obligations.

2013-06

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

52.233-3 Protest after Award. (Deviation) 2026-02

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

2026-02

52.236-2 Differing Site Conditions. (Deviation) 2026-02

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

2026-02

52.236-5 Material and Workmanship. (Deviation) 2026-02

52.236-6 Superintendence by the Contractor.

(Deviation)

2026-02

52.236-7 Permits and Responsibilities. (Deviation) 2026-02

52.236-8 Other Contracts. (Deviation) 2026-02

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

2026-02

52.236-10 Operations and Storage Areas. (Deviation) 2026-02

52.236-11 Use and Possession Prior to Completion.

(Deviation)

2026-02

52.236-12 Cleaning Up. (Deviation) 2026-02

52.236-15 Schedules for Construction Contracts.

2026-02

52.236-16 Quantity Surveys. (Deviation) 2026-02

52.236-17 Layout of Work. (Deviation) 2026-02

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

2026-02

52.240-93 Basic Safeguarding of Covered Contractor Information Systems. (Deviation)

2026-02

52.242-5 Payments to Small Business Subcontractors.

2017-01

52.242-13 Bankruptcy. 1995-07

52.242-14 Suspension of Work. 1984-04

52.243-4 Changes. (Deviation) 2026-02

52.243-5 Changes and Changed Conditions.

(Deviation)

2026-02

52.245-9 Use and Charges. 2012-04

52.247-15 Contractor Responsibility for Loading and Unloading.

1984-04

52.247-68 Report of Shipment (REPSHIP). 2006-02

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

2012-04

52.249-4 Termination for Convenience of the Government (Services) (Short Form).

1984-04

52.249-10 Default (Fixed-Price Construction). 1984-04

52.253-1 Computer Generated Forms. (Deviation) 2026-02

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

2011-09

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract- Related Felonies.

2023-01

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.203-7003 Agency Office of the Inspector General. 2019-08

252.203-7004 Display of Hotline Posters. 2023-01

252.204-7000 Disclosure of Information. 2016-10

252.204-7003 Control of Government Personnel Work Product.

1992-04

252.204-7004 Antiterrorism Awareness Training for Contractors.

2023-01

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

2023-01

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

2023-11

252.205-7000 Provision of Information to Cooperative Agreement Holders.

2024-10

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

2019-05

252.215-7002 Cost Estimating System Requirements. 2025-01

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements.

2023-01

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

2014-09

252.223-7008 Prohibition of Hexavalent Chromium. 2023-01

252.225-7012 Preference for Certain Domestic Commodities.

2022-04

252.225-7048 Export-Controlled Items. 2013-06

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

2023-01

252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People's Republic of China.

2023-01

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

2023-06

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

2023-01

252.226-7003 Drug-Free Work Force. 2024-08

252.232-7010 Levies on Contract Payments. 2006-12

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

2023-01

252.242-7004 Material Management and Accounting System.

2025-01

252.242-7006 Accounting System Administration. 2025-01

252.243-7001 Pricing of Contract Modifications. 1991-12

252.243-7002 Requests for Equitable Adjustment. 2022-12

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11

252.245-7003 Contractor Property Management System Administration

2025-01

252.245-7005 Management and Reporting of Government Property.

2024-01

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

2010-10

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.211-12 Liquidated Damages-Construction. 2000-09

Liquidated Damages-Construction (Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $5,380.00 for each calendar day of delay until the work is completed or accepted.

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

(End of clause)

52.217-7 Option for Increased Quantity-Separately Priced Line Item.

1989-03

Option for Increased Quantity-Separately Priced Line Item (Mar 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within the period of performance of the contract. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

52.225-9 Buy American-Construction Materials.

2026-02

Buy American-Construction Materials (Feb 2026) (Deviation)

(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.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the

Government are supplies, not construction material.

Cost of components means-

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

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

Domestic construction material means-

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

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

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

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

Components of unknown origin are treated as foreign; or

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

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

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

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

Foreign iron and steel means iron or steel products not produced in the United States.

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

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

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

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

(b) Domestic preference.

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

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

____________[Contracting Officer to list applicable excepted materials or indicate "none"]

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

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

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

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

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

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

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

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute or Balance of Payments Program.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars)* Item 1:

Foreign construction material. ____ ____ ____ Domestic construction material. ____ ____ ____

Item 2:

Foreign construction material. ____ ____ Domestic construction material. ____ ____ ____ [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.][Include other applicable supporting information.] (End of clause)

52.225-11 Buy American-Construction Materials under Trade Agreements. (Deviation)

2026-02

Buy American-Construction Materials under Trade Agreements (Feb 2026) (Deviation)

(a) . As used in this clause-Definitions

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 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.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

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.

Free Trade Agreement country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) 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 FTA country into a new and different construction material distinct from the materials from which it was transformed.

Least developed country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a least developed 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 least developed country into a new and different construction material distinct from the materials from which it was transformed.

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.

WTO GPA country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a WTO GPA 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 WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(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 material, excluding COTS fasteners. In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause 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"

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) 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 restrictions of the Buy American statute is unreasonable when the cost of…