UPDATED_Clauses_Construction_WR_OJS_Jail_(3)_0001.rtf

52.252-2 Clauses Incorporated by Reference. (Feb1998)

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 address: http://www.acquisition.gov/far/.

FAR 52.202-1 Definitions (June 2020)

FAR 52.203-3 Gratuities (April 1984) FAR 52.203-5 Covenant Against Contingent Fees (May 2014) FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (June 2020) Alternate I (November 2021) FAR 52.203-7 Anti-Kickback Procedures (June 2020)

FAR 52.203-8 Cancellation, Recission, and Recovery of Funds for Illegal or Improper Activity (May 2014) FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014)

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (June 2020)

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (June 2020) FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (January 2017) FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) FAR 52.204-9 Personal Identity Verification of Contractor Personnel (January 2011) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (June 2020) FAR 52.204-13 System for Award Management Maintenance (October 2018) FAR 52.204-14 Service Contract Reporting Requirements (October 2016) FAR 52.204-18 Commercial and Government Entity Code Maintenance (August 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (December 2014) FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (November 2021) FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (November 2021) FAR 52.207-3 Right of First Refusal of Employment (May 2006) FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (November 2021) FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (October 2018) FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (November 2015)

FAR 52.210-1 Market Research (November 2021) FAR 52.215-2 Audit and Records-Negotiation (June 2020) FAR 52.215-8 Order of Precedence-Uniform Contract Format (October 1997) FAR 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-Modifications (June 2020) FAR 52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications (June 2020) FAR 52.215-21 Subcontractor Certified Cost or Pricing Data-Modifications (Nov 2021) FAR 52.216-4 Economic Price Adjustment – Labor and Material FAR 52.219-6 Notice of Total Small Business Set-Aside (November 2020) FAR 52.219-8 Utilization of Small Business Concerns (October 2018)

FAR 52.219-14 Limitations on Subcontracting (September 2021) FAR 52.219-28 Post-Award Small Business Program Representation (September 2021) FAR 52.219-14 Limitations on Subcontracting (Jan 2017) FAR 52.222-3 Convict Labor (June 2003) FAR 52.222-4 Contract Work Hours and Safety Standards-Overtime Compensation (May 2018) FAR 52.222-5 Construction Wage Rate Requirements- Secondary Site of the Work (May 2014) FAR 52.222-6 Construction Wage Rate Requirements (August 2018) FAR 52.222-7 Withholding of Funds (May 2014) FAR 52.222-8 Payrolls and Basic Records (July 2021) FAR 52.222-9 Apprentices and Trainees (July 2005) FAR 52.222-10 Compliance with Copeland Act Requirements (February 1988) FAR 52.222-11 Subcontractors (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 (February 1988) FAR 52.222-15 Certification of Eligibility (May 2014) FAR 52.222-21 Prohibition of Segregated Facilities (April 2015) FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment (February 1999) FAR 52.222-26 Equal Opportunity (September 2016) FAR 52.222-27 Affirmative Action Compliance Requirements for Construction (April 2015) FAR 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method) (August 2018) FAR 52.222-31 Construction Wage Rate Requirements-Price Adjustment (Percentage Method) (August 2018) FAR 52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual Method) (August 2018) FAR 52.222-33 Notice of Requirement for Project Labor Agreement (May 2010) Alternate I (May 2010) Alternate II (May 2010) FAR 52.222-34 Project Labor Agreement (May 2010)

Alternate I (May 2010) FAR 52.222-37 Employment Reports on Veterans (June 2020)

FAR 52.222-40 Notification of Employee Rights under the National Labor Relations Act (December 2010)

FAR 52.222-55 Minimum Wages Under Executive Order 13658 (November 2020) FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (January 2017) FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction (September 2013) FAR 52.223-3 Hazardous Material Identification and Material Safety Data (February 2021) Alternate I (July 1995) FAR 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) Alternate II (May 2011) FAR 52.223-6 Drug-Free Workplace (May 2001) FAR 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June 2016) FAR 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June 2016) FAR 52.223-15 Energy Efficiency in Energy-Consuming Products (May 2020) FAR 52.222-54 Employment Eligibility Verification (Oct 2015)

FAR 52.223-6 Drug-Free Workplace (May 2001) FAR 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (August 2018)

FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (June 2020) FAR 52.223-19 Compliance with Environmental Management Systems (May 2011) FAR 52.223-21 Foams (June 2016) FAR 52.225-13 Restrictions on Certain Foreign Purchases (February 2021) FAR 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises (June 2000) FAR 52.227-1 Authorization and Consent (June 2020)

FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (June 2020) FAR 52.227-4 Patent Indemnity-Construction Contracts (December 2007) FAR 52.227-17 Rights in Data-Special Works (December 2007) FAR 52.227-23 Rights to Proposal Data (Technical) (June 1987) FAR 52.228-1 Bid Guarantee (Sept 1996)

FAR 52.228-2 Additional Bond Security (October 1997) FAR 52.228-5 Insurance-Work on a Government Installation (January 1997) FAR 52.228-11 Individual Surety—Pledge of Assets (February 2021)

FAR 52.228-12 Prospective Subcontractor Requests for Bonds (May 2014) FAR 52.228-13 Alternative Payment Protections (July 2000) FAR 52.228-14 Irrevocable Letter of Credit (November 2014) FAR 52.228-15 Performance and Payment Bonds-Construction (June 2020) FAR 52.229-1 State and Local Taxes (April 1984) FAR 52.229-2 North Carolina State and Local Sales and Use Tax (April 1984) FAR 52.229-3 Federal, State, and Local Taxes (February 2013) FAR 52.229-10 State of New Mexico Gross Receipts and Compensating Tax (April 2003) FAR 52.229-3 Federal, State, and Local Taxes (Feb 2013) FAR 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) FAR 52.232-16 Progress Payments (November 2021) Alternate I (March 2000) FAR 52.232-17 Interest (May 2014)

FAR 52.232-23 Assignment of Claims (May 2014) FAR 52.232-27 Prompt Payment for Construction Contracts (January 2017) FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (October 2018) FAR 52.232-37 Multiple Payment Arrangements (May 1999) FAR 52.232-39 Unenforceability of Unauthorized Obligations (June 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) FAR 52.233-1 Disputes (May 2014) Alternate I (December 1991) FAR 52.233-3 Protest after Award (August 1996)

FAR 52.233-4 Applicable Law for Breach of Contract Claim (October 2004) FAR 52.236-1 Performance of Work by the Contractor FAR 52.236-2 Differing Site Conditions FAR 52.236-3 Site Investigation and Conditions Affecting the Work FAR 52.236-5 Material and Workmanship FAR 52.236-6 Superintendence by the Contractor FAR 52.236-7 Permits and Responsibilities FAR 52.236-8 Other Contracts (April 1984) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (April 1984) FAR 52.236-10 Operations and Storage Areas (April 1984) FAR 52.236-11 Use and Possession Prior to Completion (April 1984) FAR 52.236-12 Cleaning Up (April 1984) FAR 52.236-13 Accident Prevention (November 1991) FAR 52.236-14 Availability and Use of Utility Services (April 1984) FAR 52.236-15 Schedules for Construction Contracts (April 1984) FAR 52.236-16 Quantity Surveys (April 1984) FAR 52.236-17 Layout of Work (April 1984) FAR 52.236-21 Specifications and Drawings for Construction (February 1997) FAR 52.236-26 Preconstruction Conference (February 1995) FAR 52.242-13 Bankruptcy (July 1995) FAR 52.243-4 Changes (June 2007) FAR 52.243-7 Notification of Changes (January 2017) FAR 52.244-5 Competition in Subcontracting (December 1996) FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services (November 2021) FAR 52.245-1 Government Property (September 2021)

Alternate I (April 1994) FAR 52.248-3 Value Engineering-Construction (October 2020) Alternate I (April 1984) FAR 52.248-2 Value Engineering—Architect-Engineer (Mar 1990) FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) (April 2012) Alternate I (September 1996) FAR 52.249-10 Default (Fixed-Price Construction) (April 1984)

Alternate II (April 1984) FAR 52.250-1 Indemnification Under Public Law 85-804 (April 1984)

FAR 52.253-1 Computer Generated Forms (Jan 1991)

CLAUSES INCORPORATED IN FULL TEXT

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within 20 calendar days after award or receipt of payment and performance bonds (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than December 20, 2025. The time stated for completion shall include final cleanup of the premises.

52.216-1 Type of Contract (APR 1984) The Government contemplates award of firm fixed-price contract resulting from this Solicitation.

The Government anticipates the award to be made by April 1, 2025. This project shall be completed within 120 calendar days after receipt of bonds.

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade 7.5% Goals for Female Participation for Each Trade 6.9% These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60- 4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and

(3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-

4. Compliance with the goals will be measured against the total work hours performed.

52.225-9 Buy American - Construction Materials. (MAY 2014) Definitions. As used in this clause- Commercially available off-the-shelf (COTS) item- (1) Means any item of supply (including construction material) that is-

(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-

Domestic construction material means-

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

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

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 component test of the Buy American statute is waived for construction material that is a COTS item. (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.

This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: NONE The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

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-

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 Quantity Price measure (dollars)* Item 1:

* 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)

52.225-10 Notice of Buy American Requirement – Construction Materials (MAY 2014) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225- 9).

Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers.

The offeror shall include the information and applicable supporting data required by paragraphs (c) and

(d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

Alternate offers.

52.236-27 Site Visit (Construction) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) A site visit will be conducted on February 12, 2025, at 9:00 a.m. at 149 1st and Washakie Street, Fort Washakie, WY 82514. All Vendor's are highly encouraged to attend. POC for site visit is Forrest Smith at