B08__A40_Revised_Solicitation_140A1624R0015_0005.pdf

SOLICITATION, OFFER, 1. SOLICITATION NO. 2. TYPE OF SOLICITATION

SEALED BID (IFB) 3. DATE ISSUED PAGE OF PAGES

AND AWARD

(Construction, Alteration, or Repair)

140A1624R0015 INVITATION FOR BID

x NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

01/08/2025

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

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

7. ISSUED BY CODE A16 8. ADDRESS OFFER TO

BIA CENTRAL 00016

12201 Sunrise Valley Drive Contracting Office Mail Stop-244 Reston VA 20192

9. FOR

INFORMATION CALL

a. NAME

William McLaughlin

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

1-571-560-0346

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

This information is provided for the following project: CRIP Main Canal Checks with Lateral 73

1. This is a competitive ISBEE set-aside acquisition. All responsible ISBEE's may submit a proposal for consideration in accordance with these and other terms and conditions of the solicitation. Offerors are required to submit a completed Section K - Representations, Certifications, and Other Statements of Offerors or Respondents and the Indian Affairs Indian Economic Enterprise Representation Form with submission.

2. Funding: An award will be made under this solicitation, as funds are presently available. The Government reserves the right to cancel this solicitation before the closing date.

3. Proposal Acceptance Period: The proposal acceptance period shall extend sixty

(60) days past the closing date.

4. Solicitation Deadline: March 10, 2025, at 12:00 P.M. Eastern Time.

Continued ...

11. The Contractor shall begin performance within 30 calendar days and complete it within 900 calendar days after receiving award, notice to proceed. The performance period is mandatory x negotiable. (See .)

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

YES NO 12b. CALENDAR DAYS

a. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 1200 (hour) local time

03/10/2025 (date). If this is a sealed bid solicitation, offers will be publicly opened at that time . Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due .

b. An offer guarantee is, is not required.

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

d. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected .

NSN 7540-01-155-3212

STANDARD FORM 1442 (Rev. 12/2022) Prescribed by GSA FAR(48 CFR) 53.236-1(d)

AMOUNTS

OFFER (Must be fully completed by offeror)

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

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

Continued...

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

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

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

26. ADMINISTERED BY CODE A16 27. PAYMENT WILL BE MADE BY

BIA CENTRAL 00016

12201 Sunrise Valley Drive Contracting Office Mail Stop-244 Reston VA 20192

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

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

William McLaughlin 30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

NAME OF OFFEROR OR CONTRACTOR

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

140A1624R0015

PAGE OF

3 82

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

5. Pre-proposal Conference: January 22, 2025, at 8:30 A.M. Mountain Standard Time. See Section J for Agenda with location coordinates.

6. Questions and Answers: Any questions relating to this solicitation shall be submitted to the following individuals: Contract Specialist (CS), and Contracting Officer (CO) no later than January 24, 2025. Any questions sent shall be submitted on the Questions and Answers Log attached to this solicitation.

7. Notice to Proceed (NTP): The NTP will be issued within 30 calendar days of contract award.

Pending the acceptance of all required bonding and insurance.

8. Period of Performance: Nine hundred (900) calendar days after issuance of NTP.

9. This solicitation requires the use of site surveillance and video monitoring. See paragraph H. of this solicitation.

10. In accordance with FAR Part 36.204(h) - Disclosure of the Magnitude of Construction Projects estimated price range is more than $10,000,000.

11. Special attention is called to FAR Clause 52.236-7, Permits and Responsibilities and FAR Clause 52.229-3, Federal, State, and Local Taxes.

Offerors are responsible for contacting the tax authorities and tribe or tribal organization involved with regard to any requirements regarding state taxes, tribal taxes, royalties and/or other applicable tribal laws or ordinances. Any costs associated with this section shall be included in the contractor's firm fixed price proposal. Contractor is responsible for contacting the appropriate TERO office for coordination and approvals.

12. This lowest price technically acceptable LPTA will use the Economical LPTA method as described in Section M. Please note that some offers that do not present the lowest price may not be Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NAME OF OFFEROR OR CONTRACTOR

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

140A1624R0015

PAGE OF

4 82

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

00010 reviewed for technical acceptability.

13. Points of Contact:

Contract Specialist: Vincent Davis, Vincent.davis@bia.gov

Contracting Officer: William McLaughlin, william.mclaughlin@bia.gov

Delivery: 900 Days After Notice to Proceed

Colorado River Irrigation Project (CRIP) Main Canal Checks with Lateral 73. See Section J for attachments.

Product/Service Code: Z2KB Product/Service Description: REPAIR OR ALTERATION

OF CANALS

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

mailto:william.mclaughlin@bia.gov

Solicitation No. 140A1624R0015

SECTION D – PACKAGING AND MARKING

THIS PAGE IS INTENTIONALLY LEFT BLANK

END OF SECTION D – PACKAGING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

E.1. Federal Acquisition Regulation (FAR) Clauses/Provisions Incorporated by Reference

• FAR 52.246-12 Inspection of Construction (August 1996)

E.2. Department of the Interior Regulation (DIAR) Clauses/Provisions Incorporated by Full Text

• DIAR 1452.204-70 Release of Claims - Department of the Interior (July 1996)

As prescribed in 1404.804-70, insert the following clause:

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

(End of clause)

END OF SECTION E – INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES OR PERFORMANCE

F.1. Federal Acquisition Regulation (FAR) Clauses/Provisions Incorporated by Reference

• FAR 52.211-13 Time Extensions (September 2000)

• FAR 52.236-15 Schedules for Construction Contracts (April 1984)

• FAR 52.242-14 Suspension of Work (April 1984)

F.2. Federal Acquisition Regulation (FAR) Clauses/Provisions Incorporated by Full Text

• FAR 52.211-10 Commencement, Prosecution, and Completion of Work (April 1984)

The Contractor shall be required to (a) commence work under this contract receipt of the award, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 900 (nine hundred) calendar days. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

• FAR 52.211-12 Liquidated Damages—Construction (September 2000)

If the Contractor fails to complete the work within the time specified in the contract, the Contractor will pay liquidated damages to the Government in the amount of $2,000 for each calendar day of delay until the work is completed or accepted.

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

(End of Clause)

END OF SECTION F – DELIVERIES OR PERFORMANCE

SECTION G – CONTRACT ADMINISTATION DATA

G.1. Department of the Interior Regulation (DIAR) Clauses/Provisions Incorporated by

Full Text

• DIAR 1452.201-70 Authorities and Delegations (September 2011)

As prescribed in section 1401.670-1, insert the following clause:

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers having been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of Clause)

G.2. Local Clauses

• Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (April 2013)

Payment requests must be submitted electronically through the U.S. Department of the Treasury's Invoice Processing Platform system (IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

• See FAR 52.232-10

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

END OF SECTION G – CONTRACT ADMINISTATION DATA

https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1. SITE SURVEILLANCE AND VIDEO MONITORING

Contractor shall install temporary external site cameras capable of providing a live video and audio (2-way) feed over the world wide web to remotely track project progress. Cameras shall be installed prior to the commencement of site work and shall be removed within 48 hours of contract completion.

The cameras shall meet the following minimum standards:

1. Camera system shall have a power backup (solar or battery) capability to ensure continuous 24/7 operational viewing.

2. Cameras shall use cellular signals to establish communication between the cameras, security system panels, and live monitoring stations as required.

3. Cameras shall be durable enough to handle diverse environments and climates with limited downtime. Contractor has 24 hours to repair or replace inoperable equipment.

4. Cameras shall record in high definition (1080p) and have the Pan Tilt Zoom (PTZ) option that is capable of remote adjustment and be capable of viewing the exterior of the site.

5. Cameras shall be mounted outside at a minimum of 20 feet above ground level to prevent camera line of site blockage and allow continuous site viewing. A speaker and microphone shall be installed at ground level to allow 2-way communication.

6. Cameras live video and audio feed shall be available 24/7 with active sharable site weblinks and a Mobile Application. Video footage shall be recorded for 30 days and be displayed with date and time counter.

7. Time lapse videos of the construction may be requested by the Contracting Officer depending on the situation.

8. Notification signs will be placed at the site to inform individuals that they are under surveillance.

9. Camera system shall be compliant with Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115- 232). For further information see FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment in Section K of this solicitation.

END OF SECTION H – SPECIAL CONTRACT REQUIREMENTS

SECTION I – CONTRACT CLAUSES

I.1. Federal Acquisition Regulation (FAR) Clauses/Provisions Incorporated by Reference

• 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 52.203-13 Contractor Code of Business Ethics and Conduct (November 2021)

• FAR 52.203-14 Display of Hotline Poster(s) (November 2021)

• FAR 52.203-15 Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009 (June 2010)

• FAR 52.203-16 Preventing Personal Conflicts of Interest (June 2020)

• FAR 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

• FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (January 2017)

• 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 (Dec 2023)

• FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (November 2021)

• FAR 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023)

• 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 (November

2021)

• FAR 52.219-6 Notice of Total Small Business Set-Aside (November 2020)

• FAR 52.219-8 Utilization of Small Business Concerns (Feb 2024)

• FAR 52.219-14 Limitations on Subcontracting (October 2022)

• FAR 52.219-28 Post-Award Small Business Program Representation (Feb 2024)

• 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 52.222-37 Employment Reports on Veterans (June 2020)

• FAR 52.222-40 Notification of Employee Rights under the National Labor Relations

Act (December 2010)

• FAR 52.222-50 Combating Trafficking in Persons (November 2021)

• FAR 52.222-54 Employment Eligibility Verification (May 2022)

• FAR 52.222-55 Minimum Wages Under Executive Order 13658 (January 2022)

• FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (January 2022)

• FAR 52.223-2 Reporting of Biobased Products Under Service and Construction

Contracts (May 2024)

• FAR 52.223-3 Hazardous Material Identification and Material Safety Data (February

2021)

• FAR 52.223-5 Pollution Prevention and Right-to-Know Information (May 2024)

• FAR 52.223-7 Notice of Radioactive Materials (Jan 1997)

• FAR 52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (May 2024)

• FAR 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024)

• FAR 52.223-19 Compliance with Environmental Management Systems (May 2011)

• FAR 52.223-21 Foams (May 2024)

• 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 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While

Driving (May 2024)

• 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 52.227-23 Rights to Proposal Data (Technical) (June 1987)

• 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 (December 2022)

• 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 52.229-3 Federal, State, and Local Taxes (February 2013)

• FAR 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014)

• 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 52.232-39 Unenforceability of Unauthorized Obligations (June 2013)

• FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(March 2023)

• 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 (April 1984)

• FAR 52.236-2 Differing Site Conditions (April 1984)

• FAR 52.236-3 Site Investigation and Conditions Affecting the Work (April 1984)

• FAR 52.236-5 Material and Workmanship (April 1984)

• FAR 52.236-6 Superintendence by the Contractor (April 1984)

• FAR 52.236-7 Permits and Responsibilities (November 1991)

• 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

(Feb 2024)

• FAR 52.245-9 Use and Charges (April 2012)

• FAR 52.246-21 Warranty of Construction (March 1994) Alternate I (April 1984)

• FAR 52.248-3 Value Engineering-Construction (October 2020) Alternate I (April 1984)

• 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)

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

• FAR 52.253-1 Computer Generated Forms (Jan 1991)

I.2. Federal Acquisition Regulation (FAR) Clauses/Provisions Incorporated by Full Text

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

(a) Definitions. As used in this clause—

Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-section4713&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title40-section11101&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title47-section153&num=0&edition=prelim https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-32/part-2002

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition.

This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security;

or https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(e) https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title50-section3003&num=0&edition=prelim

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition.

(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title44-section3552&num=0&edition=prelim

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5)

(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted.

A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement.

(1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

https://www.sam.gov/ https://www.acquisition.gov/far/part-4#FAR_4_2304

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)

(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the contract;

(D) Name of the covered article or source subject to a FASCSA order;

(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;

(F) Brand;

https://dibnet.dod.mil/

(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(H) Item description; and

(I) Any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:

(A) Any further available information about mitigation actions undertaken or recommended.

(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.

(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order.

(e) Subcontracts.

(1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.

(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts.

• FAR 52.222-35 Equal Opportunity for Veterans (June 2020)

(a) Definitions. As used in this clause-

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation (FAR) 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

• FAR 52.222-36 Equal Opportunity for Workers with Disabilities (June 2020)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

https://www.acquisition.gov/far/part-22#FAR_22_1301 https://www.acquisition.gov/far/part-22#FAR_22_1303 https://www.acquisition.gov/far/part-22#FAR_22_1408

• FAR 52.225-9 Buy American–Construction Materials (October 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.

https://www.acquisition.gov/far/part-2#FAR_2_101

Domestic construction material means—

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

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

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

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 percent of the cost of all its components.

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:

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

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

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

(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;

http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_505

(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…