Amendment W912WJ25Q0038-0004.pdf

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Spillway Dam Gallery Paint Removal, Buffumville Lake, Charlton, MA
Solicitation number
W912WJ25Q0038
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This document is an Amendment to Solicitation W912WJ25Q0038 for paint removal and concrete surface treatment at the Spillway Dam Gallery at Buffumville Lake in Charlton, Massachusetts. The solicitation is set aside for small businesses with a NAICS code of 238320 and a small business size standard of $19 million, with a project value between $100,000 and $250,000. The base scope involves removing paint from concrete surfaces in the North Access and Operating Galleries, pressure injecting and sealing a leaking wall crack, cleaning surfaces, and applying a two-coat penetrating sealer/hardener to minimize future concrete dusting. An optional scope includes paint removal in the Lower Basement of the Control House.

The amendment extends the solicitation closing date to March 13, 2025 at 5:00 PM Eastern and includes responses to 23 industry questions covering topics such as surface preparation, coating systems, electrical access, staging areas, and work environment details. Key modifications include removing certain FAR clauses, revising contract terms, and providing clarifications about work requirements. Contractors must have an active SAM.gov registration, and the work involves careful surface preparation, protective measures for existing equipment, dust containment, and proper disposal of construction debris. The project requires adherence to specific technical specifications for painting and surface treatment of hydraulic structures.

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File Type Posted
Amendment W912WJ25Q0038-0003.pdf PDF
As Built.pdf PDF
Amendment W912WJ25Q0038-0002.pdf PDF
Amendment W912WJ25Q0038-0001.pdf PDF
Specifications.pdf PDF
Solicitation W912WJ25Q0038.pdf PDF

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SEE SCHEDULE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Amendment is necessary to provide responses to questions from industry. Questions/responses #22-23 are applicable to this amendment.

Amendment w ill also remove FAR Clause 52.222-27, remove FAR provision 52.222-23, revise FAR Clause 52.213-4, and revise FAR provision 52.204-8 in accordance w ith regulations.

Closing is extended until March 13, 2025 at 5:00 PM Eastern.

All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 14

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 10-Mar-2025

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912WJ25Q0038

X 9B. DATED (SEE ITEM 11)

20-Feb-2025

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

10-Mar-2025

CODE

U S ARMY ENGR DISTRICT, NEW ENGLAND

696 VIRGINIA RD

CONCORD MA 01742-2751

W912WJ 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

jennifer.m.samela@usace.army.milEMAIL:978-318-8324TEL:

JENNIFER M SAMELA / ADDED BY UPASS

W912WJ25Q0038

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been modified:

REQUEST FOR INFORMATION

QUESTION 1: The specifications call for complete removal of existing coatings through abrasive blasting, which is achievable, but the word complete could result in more damage of the concrete substrate than required to blast off adherent coatings. Please confirm that the intent is to remove all coatings (adherent and non-adherent) from the concrete substrates.

RESPONSE 1: “Complete” removal of paint on concrete is not a requirement. Interested vendors are directed to the requirements stipulated in the Statement of Work paragraph A.2.a bullet #1, paragraph A.2.b, paragraph A.2.j and k. The intent is to remove as much of the existing coatings as possible. The Technical Point of Contact should be consulted in areas of uncertainty. Any damages to the concrete as a result of paint removal shall be repaired by the Contractor.

QUESTION 2: What is the existing coating system and thickness?

RESPONSE 2: The gallery, floors, stairs, and lower basement are currently painted with approximately one or two coats of paint. The exact paint type is unknown. Visual observation of the existing paint does not indicate it to be thick layer of coating like Tnemec or equivalent.

QUESTION 3: There is not a steel coating system referenced in the 09 97 02 spec section and the only surface preparation is SP-1. Please advise on a steel/ferrous metal coating system.

RESPONSE 3: Salient characteristics for epoxy primer/sealer for steel/metal coating is called out on Specification Section 09 97 02, paragraph 2.1 and all its sub-paragraphs.

QUESTION 4: The summary for 09 97 02 spec section has all included stair railings, stair nosing, floor drain grates and fames, floor covering plate and frames, and related items. Please provide more details and/or quantities of these ferrous steel items as there are no limits or quantities provided in the solicitation.

RESPONSE 4: The metal items are called out in the as-built references TH-1-1304 and TH-1-1306. The metal items included are only within the gallery and lower basement work areas as described in the scope of work. The metal items in the lower basement include: ceiling/crane access plate, 1 manhole, 1 grab bar above manhole, and 1 fall protection anchor. The staircase from the upper level is excluded. The metal items in the gallery include: all ceiling anchors, 4 rectangular floor grates and frames, 2 round drain grates, 4 staircase pipe railings, 1 manhole cover and frame, 1 sump pump cover, 1 sump pump valve, and 31 Wooster cast iron safety treads. All float well pipes and valves, light switches and cover plates, light fixtures, and electrical components are excluded.

QUESTION 5: There was not a specified approved concrete coatings product and only specs for a product, to allow for the most accurate pricing, please approve the attached product for concrete coatings. SW Macropoxy 5000

RESPONSE 5: The intent is for a non-film forming breathable silane-siloxane base concrete penetrating sealer/hardener. The product is a one-part aqueous solution that will be sprayed in multiple coats (2-min). The Government will not approve products during the solicitation phase.

QUESTION 6: Is the Government considering this a Confined Space?

RESPONSE 6: No, the Government is not considering this a confined space.

QUESTION 7: Do you have As-Builts for the pull bars embedded in the ceiling of the gallery? Can

Contractors use them?

RESPONSE 7: The pull bar locations are detailed on record drawing included in the spec TH-1-1304.

Please refer to the pull bar details 49 in the attachment TH-1-1327. Contractors that intend to use the pull bars will be required to conduct strength testing for the bars and submission of the results to the Government prior to use.

QUESTION 8: As stated in the specification it is unknown if existing coatings contain other hazardous materials beyond those locations noted for the presence of lead. Please confirm if additional hazards are found to be present, they shall be addressed through equitable adjustment.

RESPONSE 8: If additional hazards are found to be present, the Contactor shall immediately notify the Technical Point of Contact. The Government will then determine the appropriate course of action regarding the continuation of work for identified areas.

QUESTION 9: How far into the float well knock-out do you expect a Contractor to remove paint?

RESPONSE 9: There is a tank like structure in the knock out. Paint shall be removed up to the tank.

The pipe is not included in the requirement.

QUESTION 10: What is the electrical system in the work area?

RESPONSE 10: 120:280V. There are 110 v plugs throughout the work limits.

QUESTION 11: Do you want the electrical conduits for emergency lighting, switch plates, etc. taken off to remove paint/reseal?

RESPONSE 11: Removing the conduits, switch plates, etc is not required, but the Contractor is able to remove and replace for ease of work if preferred.

QUESTION 12: Can staging be on the Gale Road side of the dam?

RESPONSE 12: Staging is permitted on the Gale Road side of the dam, however, this is part of the disc golf course and there may be pedestrians in the area. Preferred staging area is on the office side of the dam in the staging area described in the solicitation. There is a lower potential for interference/disturbance of equipment and materials in the designated staging area.

QUESTION 13: Is there an alarm system in this building that may be vulnerable to the nature of the work included in the solicitation? Can you provide the company so we can get a quote in case services are needed?

RESPONSE 13: The Government will put the alarm system on standby if required. The awarded

Contractor is not responsible for any work or requirements regarding the alarm system. The

Government shall be responsible for any needs associated with the alarm system.

QUESTION 14: Can the Contractor use the ceiling hatch access to bring equipment in and out of the gallery?

RESPONSE 14: Yes, the awarded Contractor is able to use the access, however, the chain fall on the top floor is not operational. The Contractor would be required to supply and use their own hoist to raise and lower equipment through the hatch. The Contractor would also be required to have a qualified person inspect the beam before use. Beam capacity is 2 tons.

QUESTION 15: Can the water from the pressure washer be released into the drains if it is filtered?

RESPONSE 15: The drains release directly into the river. Clean, filtered water that is confirmed to not contain debris and/or chemicals may be released into the drains.

QUESTION 16: Does water get into the gallery through the cracks?

RESPONSE 16: Yes, water does occassionally leak through the cracks in the walls during rainstorm events. The volume of water depends on the the amount of rain and the wind direction.

QUESTION 17: How long does gate operation take?

RESPONSE 17: Should coordination be required for staff to operate the gates, it typically takes approximately two (2) minutes for operation.

QUESTION 18: Are there any gases that Contractors need to be concerned about in the operation gallery?

RESPONSE 18: Yes, radon is present in the lower levels of the structure.

QUESTION 19: The fixtures and light switches present in the gallery are bomb proof. Does the

Contractor’s equipment need to be bomb proof as well?

RESPONSE 19: No, Contractor’s equipment is not required to be bomb proof.

QUESTION 20: With the project spec being 09 97 02 Painting: Hydraulic Structures, section 1.5.4

Qualified Hazardous Paint Removal Contractor states:

The Painting Contractor must be a certified SSPC QP 2 [Category A][Category B] Painting Contractor for all surface preparation or coating application. Submit a copy of the applicable SSPC Certificate.

The contractor must have been certified prior to award of this contract and must remain certified for the duration of this contract. Submit all renewals if they occur during the contract performance period. Renewals must be achieved prior expirations occurring.

We ask that clarification be made, and stated to be included in the solicitation requirements, that the contractor/personnel performing the work must be SSPC QP 2 certified.

RESPONSE 20: The awarded Contractor is required to adhere to the Specification 09 27 02 PAINTING

AND PAINT REMOVAL as included with this solicitation. Section 1.5.4 Qualified Hazardouse Paint

Removal Contractor is not included in the specification as provided with the solicitation.

QUESTION 21: During a site visit, it was made mention of existing leaks. We ask that the Section I

Material Warranties includes : warranty period to exclude any failure, defects, or damages caused by any existing active leaks with the exclusion of the active leak noted in section 1 a. and 1 p.

RESPONSE 21: The Contractor shall be held to all requirements of FAR Clause 52.246-21 and the materials warranty as specified in the solicitation as the Statement of Work Paragraphs A.2.a and

A.2.q stipulate the project intent is for penetrating sealer/hardener to be applied to the exposed/bare concrete surfaces that have been previously painted to stabilize and minimize potential for future dusting. The warranty should only be invoked if the construction does not meet the intent of the project/design. In this case, the stated intent of the penetrating sealer is to prevent the exposed previously painted concrete surface from dusting. It is not the intent of this sealer to act as barrier to prevent the wall from leaking.

QUESTION 22: Is the awarded Contractor permitted to tie into the electrical panel on the first level?

RESPONSE 22: Yes, the electrical panel on the first level can be used to tie into for electrical needs for this work.

QUESTION 23: What is the capacity of the panel? Voltage, amps, single or 3 phase?

RESPONSE 23: Control Tower Panel “GP”: 100A Main Circuit Breaker, 120/208V, 3-Phase, 4-Wire.

There are three (3) prepared spaces, two (2) spare 15A-2P breakers, and one (1) spare 30A-3P breaker available. This is fed via a 100A-3P breaker in Power Panel “MDP” in the utility building.

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 12-Mar-2025 05:00 PM to 13-Mar-2025 05:00 PM.

SECTION I - CONTRACT CLAUSES

52.213-4 TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES) (MAR 2025) (DEVIATION 2025-O0003)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(iv) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117-328), unless the agency grants an exception--see paragraph (b) of 52.204-27.

(v) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115-390, title II).

(vi) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(vii) [RESERVED]

(viii) [RESERVED]

(ix) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(x) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(xi) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(xii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77 and 108-78 (19 U.S.C.

3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.233-1, Disputes (MAY 2014).

(vii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (JAN 2025).

(viii) 52.253-1, Computer Generated Forms (JAN 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

(ii) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

282) (31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(iii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2025) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract).

(iv) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) (41 U.S.C. chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(v) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vi) 52.222-36, Equal Employment for Workers with Disabilities (JUN 2020) (29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, “United States” includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(viii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.

Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(ix)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(x) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.))).

(xi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xii) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2024) (42 U.S.C. 11001-11050 and 13101-13109) (Applies to services performed on Federal facilities).

(xiii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.) (Applies to contracts for products as prescribed at FAR 23.109(d)(1)).

(xiv) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xv) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l) (Applies to contracts when the agency identifies in the statement of work, or elsewhere in the contract, the sustainable products and services that apply to the acquisition).

(xviii)(A) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in 2.101 on the date of award of this contract, and the acquisition--

(1) Is set aside for small business concerns; or

(2) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $50,000).

(B) Alternate I (OCT 2022) (Applies if the Contracting Officer has filled in the domestic content threshold below, which will apply to the entire contract period of performance. Substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of domestic end product in paragraph (a) of 52.225-1:

(A) The cost of its components mined, produced, or manufactured in the United States exceeds percent of the cost of all its components. [Contracting officer to insert the percentage per instructions at 13.302- 5(d)(4).])

(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

(xx) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).

(xxi) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xxii) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act--Covered Foreign Entities (Nov 2024). (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(xxiv) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (JAN 2025) (49 U.S.C. 40118(g)). (Applies to contracts with a U.S.-flag carrier for the transportation by air of passengers; does not apply to contracts awarded by the Department of Defense or contracts for commercial products).

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.)

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (JAN 2025) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).

(iii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (JAN 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

(d) DELETED

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) DELETED

(g) DELETED

(h) DELETED

(End of clause)

The following have been deleted:

52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2025) (DEVIATION 2025-O0003)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238320.

(2) The small business size standard is $19,000,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

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

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is 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.

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

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] Paragraph (d) applies.

[ ] Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

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

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) [RESERVED]

(xv) [RESERVED]

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the provision at 52.204-7.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.)

This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] x (i) 52.204-17, Ownership or Control of Offeror.

x (ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been deleted:

52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction

FEB 1999

(End of Summary of Changes)

File details come from the government source that posted it. Updated .