Water Tank SOW and Clauses.pdf

U.S. DEPARTMENT OF COMMERCE (DOC)

NATIONAL OCEANIC AND ATMOSPHERIC

ADMINISTRATION (NOAA)

NATIONAL WEATHER SERVICE (NWS)

WEATHER FORECAST OFFICE (WFO)

GRAY MAINE (KGYX)

STATEMENT OF WORK

PHASE II – INSTALLATION OF A 10,000 GALLON

UNDERGROUND WATER STORAGE TANK SYSTEM

Serviced by:

The National Weather Service Acquisition Branch

Eastern Acquisition Division (EAD)

Date: August 26, 2025

1. BACKGROUND

The National Weather Service (NWS), a line office within the National Oceanic and

Atmospheric Administration (NOAA) under the U.S. Department of Commerce (DOC), is the Federal agency charged with providing weather, water, and climate data, forecasts, and warnings to protect life and property and enhance the national economy.

The National Weather Service Weather Forecast Office in Grey Maine is located at:

National Weather Service Gray/Portland, ME

P.O. Box 1208

1 Weather Lane

Gray, ME 04039

Phone: 207‑688‑3216

This office (often referred to as “Gray/Portland” with call sign GYX) is the hub for weather forecasting, radar operations (NEXRAD KGYX), and upper‑air balloon releases covering western Maine and all of New Hampshire.

This requirement supports the second phase of water system upgrades by installing a new underground water storage tank to ensure continued mission capability.

2. SCOPE

The Contractor shall furnish all labor, materials, equipment, supervision, and incidentals necessary to install a 10,000-gallon underground water storage tank system and all supporting infrastructure at the NWS Gray, Maine facility including tie-downs, fill and vent piping, lift pump, UV light and carbon filter, drainage basin and outlet, 10-inch-high perimeter wall, and mulch covering.

All work, including installation, testing, commissioning, and site restoration, shall be completed no later than December 01, 2025, to ensure completion prior to the onset of ground freeze conditions. Time is of the essence, and the Contractor shall plan and schedule activities accordingly.

3. APPLICABLE CODES AND STANDARDS

The Contractor shall perform work in compliance with:

3.1.State of Maine building, plumbing, and environmental codes.

3.2.Environmental Protection Agency (EPA) potable water guidelines.

3.3.Applicable National Fire Protection Association (NFPA) and American Society for

Testing and Materials International (ASTM International) standards.

3.4.Applicable American Water Works Association (AWWA) standards

3.5.Manufacturer’s installation instructions.

https://www.weather.gov/gyx/?utm_source=chatgpt.com

4. CONTRACTOR RESPONSIBILITIES

4.1.The Contractor shall be fully knowledgeable of all contract requirements and field conditions and shall verify all dimensions and equipment compatibility prior to initiating work.

4.2.The Contractor shall provide all labor, supervision, materials, tools, equipment, transportation, and incidentals necessary to complete the work.

4.3.The Contractor shall maintain a safe and secure work environment in accordance with

OSHA standards.

4.4.The Contractor shall protect existing utilities and structures from damage.

4.5.Permits and Approvals

4.5.1. The Contractor shall be responsible for obtaining and paying for all permits, licenses, and approvals required by federal, state, and local authorities to perform the work described in this SOW.

4.5.2. The Contractor shall comply with all applicable codes, ordinances, and regulations associated with such permits, including scheduling and coordinating all required inspections with the relevant authorities.

4.5.3. The Contractor shall provide copies of all required permits and approvals to the

Technical Point of Contact (TPOC) prior to the start of any on-site work.

4.5.4. The Contractor shall ensure that permit acquisition and inspection lead times are accounted for in the project schedule to meet the required completion date.

4.6.Quality Control

4.6.1. The Contractor shall maintain an on-site supervisor at all times.

4.6.2. All work shall be inspected by the Government prior to concealment or backfill.

4.6.3. Deficient work shall be corrected at no additional cost to the Government.

4.7.Temporary Facilities

4.7.1. Contractor shall provide temporary utilities as required.

4.7.2. Sanitary facilities shall be maintained in a clean and orderly manner.

5. TASKS

5.1.Site Preparation

5.1.1. The Contractor shall provide all required site protection and erosion and sedimentation control measures.

5.1.2. The Contractor shall perform all excavation necessary for tank installation [see

Contract Drawing. #1 for approximate location].

5.1.3. The Contractor shall install stone bedding in accordance with the tank manufacturer’s specifications.

5.2.Tank System Installation

5.2.1. The Contractor shall furnish and install one 10,000-gallon underground storage tank.

5.2.2. The Contractor shall install ledge anchors, tie downs, and tank anchor straps as required.

5.2.3. The Contractor shall insulate the tank exterior with spray foam insulation.

5.2.4. The Contractor shall apply perimeter insulation using rigid plank insulation.

5.2.5. The Contractor shall backfill the excavation with common borrow sand upon completion.

5.3.Water Line, Piping, and Drainage

5.3.1. The Contractor shall install fill and vent lines to and from the tank [see Contract

Drawing #2 for approximate location].

5.3.2. The Contractor shall install a drainage line for the stone bedding using standard dimension ratio (SDR) 35 (or equivalent) pipe [see Contract Drawing #2].

5.3.3. The Contractor shall install a catch basin with 12-inch HDPE pipe to a rip-rap outlet

[see Contract Drawing #2].

5.3.4. The Contractor shall backfill all trenches as required.

5.4.Pump, Filter, and Treatment System

5.4.1. The Contractor shall furnish and install a lift pump and flow switch.

5.4.2. The Contractor shall connect the lift pump to the existing building water line.

5.4.3. The Contractor shall install one (1) 4" x 20" carbon filter and UV light inside the building near existing water tanks [see Contract Drawing #3].

5.4.4. The Contractor shall include all necessary piping, fittings, and supports.

5.5.Finishing Work

5.5.1. The Contractor shall install a 10–12-inch-high concrete block wall around the tank footprint. Final location and configuration to be determined in the field.

5.5.2. The Contractor shall apply mulch around the wall as directed for insulation protection.

5.5.3. The Contractor shall regrade, apply loam, and reseed all disturbed areas for site restoration.

5.6.Testing, startup, and Commissioning

5.6.1. The Contractor shall fill the tank with 5 ppm free chlorine water and flush through the building piping until the system meets or exceeds State of Maine water quality standards.

5.6.2. The Contractor shall collect water sample(s) and submit for testing by a State of

Maine certified laboratory. Test results shall include radon analysis. Water samples must meet or exceed State of Maine water quality standards before the tank is placed into service.

5.6.3. The Government will review test results prior to final acceptance.

5.6.4. The Contractor shall, upon successful test results and Government acceptance, fill the tank for operational use.

6. ADDITIONAL REQUIREMENTS

6.1.All materials and installations shall comply with applicable State of Maine codes and regulations.

6.2.Work shall not commence until the tank has been delivered and is on site.

6.3.The Contractor shall confirm all field conditions and measurements prior to mobilization.

6.4.All drawing references (Contract Drawings #1, #2, and #3) are approximate and shall be field-verified.

6.5.Existing water tanks and pump shown on Contract Drawing #3 are to remain in use and shall not be removed or replaced.

6.6.Estimated on-site duration: 3 to 4 weeks (plus any weather delays) once tank and materials are on site.

6.7.The Contractor shall complete all work, including installation, testing, commissioning, and site restoration, no later than December 01, 2025, to ensure completion prior to the onset of ground freeze conditions. Time is of the essence, and the Contractor shall plan, schedule, and perform all activities to meet this completion date.

7. DELIVERABLES

7.1.Pre-Performance Planning Phase:

7.1.1. Insurance Certificate - Contractor shall furnish proof of insurance before work begins on a government site

7.1.2. Performance Bond (SF 25) - a completed Standard Form 25, Performance Bond, in the penal sum of 100% of the contract price, executed by a surety listed in U.S.

Treasury Department Circular 570. https://www.fiscal.treasury.gov/surety-bonds/list-certified-companies.html

7.1.3. Payment Bond (SF 25A) - a completed Standard Form 25A, Payment Bond, in the penal sum of 100% of the contract price, executed by a surety listed in U.S.

Treasury Department Circular 570. https://www.fiscal.treasury.gov/surety-bonds/list-certified-companies.html

7.1.4. Project Schedule - identifying critical path activities with all major tasks, milestones, and dependencies; must include anticipated inspection points and weather contingency plan.

7.1.5. Product data sheets - manufacturer technical data for each major component

(tank, pump, UV unit, carbon filter, piping, fittings, drainage, insulation, retaining wall materials). Include performance specs, compliance certifications

(NSF/ANSI, ASTM, AWWA), and installation instructions.

7.1.6. Site Specific Safety Plan –tailored to the specific conditions and hazards of the project site.

7.1.7. Quality Control Plan – detailing inspection checkpoints and responsible personnel.

https://www.fiscal.treasury.gov/surety-bonds/circular-570.html https://www.fiscal.treasury.gov/surety-bonds/circular-570.html https://www.fiscal.treasury.gov/surety-bonds/circular-570.html https://www.fiscal.treasury.gov/surety-bonds/circular-570.html

7.1.8. Traffic Control & Site Access Plan (if heavy equipment transport will impact facility operations), include staging areas, routes, and coordination procedures.

7.2.Performance Phase:

7.2.1. Weekly progress reports (including photos, percentage complete, issues encountered, mitigation actions).

7.2.2. Updated project schedule (as changes occur) – reflects actual progress and changes to critical path.

7.2.3. Interim inspection reports (as required by COR prior to backfill or concealment) - formal request to COR at least 48 hours before any work concealment/backfill or milestone inspection point.

7.2.4. Submittals for Design Changes - documentation and drawings for any proposed field modifications; must be CO-approved before work proceeds.

7.3.Post-Performance Phase:

7.3.1. Operations & Maintenance (O&M) Manual - comprehensive manual including manufacturer data, maintenance intervals, warranty info, troubleshooting.

7.3.2. Certified Water Quality Test Results - lab report from State of Maine-certified lab; must include radon testing and meet state potable water standards.

7.3.3. As-built system drawings - final drawings showing installed conditions, equipment locations, piping/electrical routing, tank and components.

7.3.4. Warranty documentation - all warranties for installed equipment and materials

7.3.5. Final Punch List with Corrective Action Verification - itemized list of deficiencies with before/after photos, corrective actions, dates, contractor QC sign-off, and COR verification.

7.3.6. Certificate of Completion - signed statement by contractor certifying completion of all work and compliance with contract requirements. Signed by contractor and

COR.

8. KICKOFF AND POST-AWARD MEETINGS

8.1.Kick Off Meeting - The Contractor shall participate in a kickoff meeting to ensure a mutual understanding between the Government and the Contractor regarding all technical, administrative, safety, quality, and coordination requirements necessary for successful contract execution. The meeting will include a review of the contract requirements, project schedule, submittal procedures, safety expectations, quality control measures, communication protocols, and coordination with Government personnel.

The kickoff meeting shall be held prior to commencement of any on‑site work. No on‑site work shall begin until the kickoff meeting has been completed; and all required

Pre-Performance Planning Phase deliverables (Section 7.1) have been submitted by the

Contractor and approved by the Government.

The kickoff meeting will be conducted at the National Weather Service Weather Forecast

Office, Gray, Maine, unless otherwise directed by the Contracting Officer. A virtual meeting option may be approved by the Government if on‑site attendance is not feasible.

8.2.Post Award Meeting - The Contractor shall attend any post‑award conference convened by the contracting activity or the contract administration office in accordance with FAR

Subpart 42.5. The Contracting Officer (CO), Contracting Officer’s Representative

(COR), and other Government personnel, as appropriate, may meet periodically with the

Contractor to review performance. These meetings will: (1) provide the Government an opportunity to inform the Contractor of its assessment of performance; (2) allow the

Contractor to inform the Government of any problems, issues, or delays; and (3) identify actions necessary to resolve outstanding issues.

All kickoff meetings, and post‑award meetings shall be conducted at no additional cost to the Government.

9. ADDITIONAL CONTRACTOR RESPONSIBILITIES

9.1.Pre-Performance Planning Phase site visit is required prior to mobilization.

9.2.Contractor shall coordinate access with the Government Contracting Officers Technical

Representative.

9.3.Contractor shall protect adjacent facilities, utilities, and infrastructure.

9.4.Work must not commence until the tank has been delivered.

9.5.Any deviations must be approved in writing by the Contracting Officer.

9.6.The site must be maintained in a clean, secure, and safe condition throughout the period of performance.

10. INSPECTION AND ACCEPTANCE

All work performed under this contract is subject to inspection and acceptance by the

Government in accordance with FAR 52.236-5, “Material and Workmanship.” The Contractor shall maintain compliance with all applicable safety requirements throughout the performance period.

10.1. Interim Inspections

10.1.1. Government inspections will occur at critical stages of the work, including but not limited to:

10.1.1.1. Prior to concealment of any work (e.g., before backfill or covering of piping).

10.1.1.2. Completion of major components (e.g., tank placement, piping installation, electrical connections).

10.1.2. The Contractor shall provide the Contracting Officer’s Technical Representative

(COTR) with at least 48 hours’ notice prior to any stage requiring inspection.

10.1.3. Any work found to be defective or non-compliant shall be corrected at no additional cost to the Government.

10.2. Safety Compliance During Inspections

10.2.1. Inspections will include verification of compliance with OSHA safety standards, including but not limited to:

10.2.1.1. Excavation safety – 29 CFR § 1926 Subpart P.

10.2.1.2. Fall protection – 29 CFR § 1926 Subpart M.

10.2.1.3. Confined space entry – 29 CFR § 1910.146 and 29 CFR § 1926 Subpart

AA.

10.2.2. Safety deficiencies must be corrected immediately or work will be suspended until the hazard is mitigated.

10.3. Final Inspection and Acceptance

Final acceptance will occur only after:

10.3.1. Completion of all work in accordance with the contract, drawings, and specifications.

10.3.2. Submission and Government approval of all required deliverables, including:

10.3.2.1. Certified water quality test results (including radon).

10.3.2.2. As-built drawings.

10.3.2.3. Operations and Maintenance (O&M) manuals.

10.3.3. Correction of all punch-list items identified during the final inspection.

No portion of the work will be deemed accepted until all deficiencies are corrected and the

Contracting Officer issues formal written acceptance.

11. TECHNICAL POINT OF CONTACT (TPOC) AND GOVERNMENT CONTACT

POINT (GCP)

The Government has appointed a Technical Point of Contact (TPOC) / Government Contact

Point (GCP) who will perform various programmatic functions for the overall success of the

Program.

The TPOC/GCP is:

Bennett Hollins, PE

General Engineer

Facilities Management Division | Office of Facilities 2

National Weather Service

1325 East West Highway

Silver Spring, MD 20910

240-791-0731 [cell]

The TPOC/GCP, or designated alternate, is responsible for monitoring the technical aspects of the contract and assisting in purchase order administration to support the overall success of the Program.

https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1926/subpart-P https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1926/subpart-M https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1910/subpart-J/section-1910.146 https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1926/subpart-AA https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1926/subpart-AA

Authority

The TPOC/GCP is authorized to:

1. Assure the Contractor performs the technical requirements of the purchase order.

2. Perform inspections necessary in connection with purchase order performance.

3. Maintain written and oral communications with the Contractor concerning technical aspects of the purchase order.

4. Issue written interpretations of technical requirements.

5. Monitor the Contractor’s performance and notify the Contracting Officer (CO), GCP, and Contractor of any deficiencies.

6. Provide site entry for Contractor personnel.

Limitations of Authority

The TPOC/GCP:

1. Has no actual, apparent, or implied authority to bind the Government in any manner, including for funding, schedule, or contractual commitments.

2. Is not authorized to change, modify, or waive any terms or conditions of the contract or purchase order.

3. Shall not address or resolve issues concerning contractual legal matters.

4. Shall immediately refer any contractual matters, claims, or disputes to the

Contracting Officer.

Contractor Direction

For any questions or issues about the contract, such as changes to the work, schedule, price, or other contract terms, the Contractor must speak directly to the Contracting Officer.

Do not rely on instructions from the TPOC/GCP or any other Government personnel regarding these matters, because they are not authorized to make changes to the contract.

Only the Contracting Officer can make binding decisions for the Government.

If the Contractor receives any direction or request from Government personnel, other than the Contracting Officer, that appears to change, add to, or conflict with the terms of the contract, the Contractor must immediately notify the Contracting Officer in writing and obtain written confirmation or a formal contract modification before proceeding.

Unauthorized Changes

Any change to the contract must be documented in writing and issued as a formal contract modification signed by the Contracting Officer.

If the Contractor makes changes to the work, schedule, or other contract requirements based on direction from anyone other than the Contracting Officer without such a modification, those changes will be considered unauthorized.

The Government is not obligated to pay for or otherwise recognize any work performed as a result of such unauthorized changes. The Contractor will be performing such work at its own risk and expense.

1. UTILIZATION OF FEDCONNECT FOR CONTRACT ADMINISTRATION

The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net. There is no charge for registration in or use of FedConnect®.

(End)

2. FEDERAL ACQUISITION REGULATION (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):

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far

Commerce Acquisition Regulation (CAR): https://www.acquisition.gov/car

CLAUSE

NUMBER

CLAUSE TITLE DATE

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020

FAR 52.203-17 Contractor Employee Whistleblower Rights JUN 2023

FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUN 2020

FAR 52.204-13 System for Award Management Maintenance OCT 2018

FAR 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

FAR 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

FAR 52.204-23

Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities

DEC 2023

FAR 52.209-6

Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

JAN 2025

FAR 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations NOV 2015

FAR 52.215-8 Order of Precedence - Uniform Contract Format. OCT 1997

FAR 52.219-6 Notice of Total Small Business Set-Aside NOV 2020

FAR 52.219-14 Limitations on Subcontracting OCT 2022

FAR 52.219-28 Post-Award Small Business Program Rerepresentation JAN 2025

FAR 52.222-6 Construction Wage Rate Requirements AUG 2018

FAR 52.222-7 Withholding of Funds MAY 2014

FAR 52.222-8 Payrolls and Basic Records JUL 2021

FAR 52.222-9 Apprentices and Trainees JUL 2005

FAR 52.222-10 Compliance With Copeland Act Requirements FEB 1988

FAR 52.222-11 Subcontracts (Labor Standards) MAY 2014

FAR 52.222-12 Contract Termination - Debarment MAY 2014

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

FAR 52.222-14 Disputes Concerning Labor Standards FEB 1988

FAR 52.222-15 Certification of Eligibility MAY 2014

FAR 52.222-21 Prohibition of Segregated Facilities APR 2015 mailto:support@fedconnect.net https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/car

CLAUSE TITLE DATE

FAR 52.222-22 Previous Contracts and Compliance Reports FEB 1999

FAR 52.222-23

Notice of Requirement for Affirmative Action to Ensure Equal Employment

Opportunity for Construction

FEB 1999

FAR 52.222-25 Affirmative Action Compliance APR 1984

FAR 52.222-26 Equal Opportunity SEP 2016

FAR 52.222-27 Affirmative Action Compliance Requirements for Construction APR 2015

FAR 52.222-35 Equal Opportunity for Veterans JUN 2020

FAR 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020

FAR 52.222-37 Employment Reports on Veterans JUN 2020

FAR 52.222-50 Combating Trafficking in Persons NOV 2021

FAR 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 JAN 2022

FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022

FAR 52.223-5 Pollution Prevention & Right-To-Know Information MAY 2024

FAR 52.225-10 Notice of Buy American Requirement—Construction Materials MAY 2014

FAR 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

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

FAR 52.228-2 Additional Bond Security OCT 1997

FAR 52.228-5 Insurance—Work on a Government Installation JAN 1997

FAR 52.228-11 Individual Surety-Pledges of Assets FEB 2021

FAR 52.228-12 Prospective Subcontractor Requests for Bonds DEC 2022

FAR 52.228-14 Irrevocable Letter of Credit NOV 2014

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

FAR 52.232-5 Payments Under Fixed-Price Construction Contracts MAY 2014

FAR 232-16 Progress Payments ALT I (MAR 2000) NOV 2021

FAR 52.232-23 Assignment of Claims MAY 2014

FAR 52.232-27 Prompt Payment for Construction Contracts JAN 2017

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

FAR 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

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

FAR 52.233-1 Disputes MAY 2014

FAR 52.233-3 Protest after Award AUG 1996

FAR 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

FAR 52.236-2 Differing Site Conditions APR 1984

FAR 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984

FAR 52.236-5 Material and Workmanship APR 1984

FAR 52.236-7 Permits and Responsibilities NOV 1991

FAR 52.236-8 Other Contracts APR 1984

FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements APR 1984

FAR 52.236-11 Use and Possession Prior to Completion APR 1984

FAR 52.236-12 Cleaning Up APR 1984

FAR 52.236-13 Accident Prevention NOV 1991

FAR 52.236-15 Schedules for Construction Contracts APR 1984

FAR 52.236-17 Layout of Work APR 1984

FAR 52.236-21 Specifications and Drawings for Construction FEB 1997

CLAUSE TITLE DATE

FAR 52.236-26 Preconstruction Conference FEB 1995

FAR 52.242-14 Suspension of Work APR 1984

FAR 52.243-5 Changes and Changed Conditions APR 1984

FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services JAN 2025

FAR 52.246-12 Inspection of Construction AUG 1996

FAR 52.246-21 Warranty of Construction MAR 1994

FAR 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) APR 1984

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

FAR 52.253-1 Computer Generated Forms JAN 1991

CAR 1352.201-70 Contracting Officer’s Authority APR 2010

CAR 1352.209-73 Compliance With The Laws APR 2010

CAR 1352.209-74 Organizational Conflict Of Interest APR 2010

(End of Clause)

3. CONTRACT TYPE

This is a Firm–Fixed–Price Contract. The contractor shall supply all necessary personnel, supervision, services, materials, and other items as required by the Statement of Work (SOW).

4. FEDERAL ACQUISITION REGULATION (FAR) 52.211-10 COMMENCEMENT,

PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 30 calendar 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 December 01, 2025. The time stated for completion shall include final cleanup of the premises.

(End of clause)

5. FAR 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(JAN 2025)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options.

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

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in

13 CFR part 121 and the size standard in paragraph (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 its status as any of the small business concerns identified at

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, for the NAICS code assigned to an order (except that paragraphs (c)(1) through (3) of this clause do not apply to an order issued under a Federal Supply Schedule contract at subpart 8.4)—

(1) Set aside exclusively for a small business concern identified at 19.000(a)(3) that is issued under an unrestricted multiple-award contract, unless the order is issued under the reserved portion of an unrestricted multiple-award contract (e.g., an order set aside for a woman-owned small business under a multiple-award contract that is not set-aside, unless the order is issued under the reserved portion of the multiple-award contract);

(2) Issued under a multiple-award contract set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying multiple-award contract (e.g., an order set aside for a HUBZone small business concern under a multiple-award contract that is set aside for small businesses);

(3) Issued under the part of the multiple-award contract that is set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying set-aside part of the multiple-award contract (e.g., an order set aside for a

WOSB concern under the part of the multiple-award contract that is partially set aside for small businesses); and

(4) When the Contracting Officer explicitly requires it for an order issued under a multiple-award contract, including for an order issued under a Federal Supply Schedule contract

(see 8.405-5(b) and 19.301-2(b)(2)).

(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 paragraphs (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 officer 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.

https://www.sba.gov/document/support--table-size-standards

(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) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it □ is, □ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13

CFR 128.402. [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(9) [ 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

(j) 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.____________________________ ]

6. FAR 52.225-9 BUY AMERICAN-CONSTRUCTION MATERIALS (OCT 2022)

(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-https://www.acquisition.gov/node/60875#FAR_2_101 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section40102(4)&num=0&edition=prelim https://www.acquisition.gov/far/part-25#FAR_25_105

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

or

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

(A) The cost of its components mined, produced, or manufactured in the United

States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year

2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic.

Components of unknown origin are treated as foreign; or

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

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

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

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

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

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

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

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a

COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR

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

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

“None”

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

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

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

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

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

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

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

(1) The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the

Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter83&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1907&num=0&edition=prelim https://www.acquisition.gov/far/part-12#FAR_12_505

(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.

(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)*

Item1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item2:

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.]

7. COMMERCE ACQUISITION REGULATION (CAR) 1352.242-70 POSTAWARD

CONFERENCE (APR 2010)

A postaward conference with the successful offeror may be required. If required, the Contracting

Officer will contact the contractor within 10 days of contract award to arrange the conference.

8. CAR 1352.246-70 PLACE OF ACCEPTANCE. (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be:

NOAA/NWS/WFO Facility

1 Weather Lane

Gray, ME 04039

9. CAR 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

The base period of performance of this contract is from Date of Award through December 01, 2025.

10. NOAA ACQUISITION MANUAL (NAM) 1330-52.203-71 NOTICE OF…