B08_Solicitation_A_E_140FGA26R0004_4_amendment_4_0004.pdf
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- Attached to
- USFWS_A-E Seismic Safety IDIQ - Buildings
- Solicitation number
- 140FGA26R0004
About this file
This is a Notice to Offeror and Amendment 4 for a competitive solicitation seeking qualified Architect-Engineer (A/E) firms to provide seismic evaluation services to the U.S. Fish and Wildlife Service. The U.S. Fish and Wildlife Service anticipates negotiating and awarding two Firm-Fixed Priced, Indefinite Delivery/Indefinite Quantity (IDIQ) contracts under FAR Subpart 36.6. Each contract will have a five-year ordering period with a maximum value of $500,000 per contract and a minimum guarantee of $500. This is a Total Small Business Set-Aside with NAICS Code 541330 (Engineering Services) having a size standard of $25.5 million. Performance will cover the Continental United States, Hawaii, Alaska, and Puerto Rico. Task orders are expected to range from $12,000 to $75,000, with potential for multiple concurrent projects.
The solicitation requires submission of the Standard Form 330 (SF 330) with evaluation based on four primary factors: Key Personnel and Professional Qualifications, Specialized Experience and Technical Competence, Past Performance, and Capacity and Management Capabilities. Required key disciplines include Cost Engineer/Estimator (Function Code 18), Foundation/Geotechnical Engineer (Function Code 27), Project Manager (Function Code 48), and Structural Engineer (Function Code 57), each requiring 10+ years of experience with appropriate professional certification. Offerors must submit a minimum of five and maximum of ten relevant projects completed within the past ten years. The Question Deadline is June 2, 2026, at 12:00 p.m. EST, and proposals are due June 19, 2026, at 12:00 p.m. EST via email to thomas_ikner@ios.doi.gov. After initial evaluations, four to six most highly qualified firms will be selected for interviews, followed by selection of the top two firms to receive a Request for Proposal (RFP) for Labor Category Rates with fourteen calendar days to respond. The contract will require liability insurance of $500,000 per person/occurrence and property damage, and payment requests must be submitted through the Invoice Processing Platform (IPP).
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140FGA26R0004 Amendment 4_5/29/2026
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Notice to Offeror
Description: Notice for Architect and Engineering Services to support The US Fish and Wildlife Service, Seismic Evaluation of Existing Building
Classification Code: C – Architect and Engineering Services (A-E)
Location: US Fish and Wildlife Service, United States, Alaska and Puerto Rico
Date for submission of Questions: Date for submission of questions is by 12:00 PM EST on 6/2/2026 Submit questions to Thomas_ikner@ios.doi.gov
Instructions to Offeror:
1. Before submitting an offer, read the entire solicitation package carefully. Return the following items with your response: SF330 – see instruction and evaluation Factors pgs 2-7
Proposal Due Date: 6/19/2026 by 12:00 PM EST
Your proposal shall be electronically submitted to the Contracting Officer: thomas_ikner@ios.doi.gov
If your firm is unable to meet the due date for reasons outside of your control, please notify the Contracting Officer as soon as practicable.
NOTE: Be advised that the controlling law regarding certain terms and conditions of this agreement remains unsettled by the Federal judiciary at the time of award and will be enforced only to the extent permitted by law. Notice will be provided regarding the legal outcomes that impact your agreement.
CONTRACT INFORMATION:
The U.S. Fish and Wildlife Service (FWS) is anticipating negotiating and awarding two (2) Firm-Fixed Priced, Indefinite Delivery/Indefinite Quantity (IDIQ) contracts for Architectural and Engineering (A/E) Services in accordance with FAR Subpart 36.6 – Architect-Engineer Services.
The term of each IDIQ contract will be for a five (5) year ordering period, shall not exceed $500,000 per contract over the five (5) year period, and have a minimum guarantee of $500. Firm-fixed price task orders will be negotiated and awarded under each contract on an as needed basis. Performance will cover the Continental United States and Hawaii (includes any state or U.S. Territory for the Department of Interior).
United States Department of the Interior
FISH AND WILDLIFE SERVICE
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The announcement is being issued under a Total Small Business Set aside by allowing two awards to be specifically set aside for small businesses. The North American Industrial Classification System (NAICS) Code is 541330, Engineering Services, which has a current Small Business size standard of $25.5 million dollars. The Government seeks the most highly qualified firms to perform the required services, based on the competence and qualifications demonstrated, in accordance with the selection criteria which will be provided in the upcoming announcement. The Small Business selected firms will be required to perform work in accordance with 52.219-14, Limitations on Subcontracting (DEVIATION 2021-O0008, Revision 1) should a task order be issued to a firm within the small business reserve.
FWS is seeking qualified contractors to provide comprehensive technical A/E Services on an as-needed basis in support of the FWS Seismic Evaluation of Existing Buildings, managed by the Infrastructure Management Division Dam, Bridge, and Seismic Safety Branch. This contract requires Title I architect-engineer (A-E) services including evaluation of building structural, nonstructural, and foundation seismic hazards, and evaluation of geologic seismic site-hazards;
development of conceptual seismic mitigation measures; rough order-of magnitude estimation of mitigation costs; and production of seismic evaluation reports. While this contract is intended primarily for the Title I A-E services described herein, the Government may request additional Title I, Title II, or Title III A-E seismic engineering services as a part of this contract, should the need arise. Such services can be expected to consist of those typically offered and routinely provided by A-E firms qualified to provide building seismic evaluation.
The A-E will be required to complete Tier 1 or Tier 2 seismic evaluations of existing buildings situated on Service facilities located nationwide. A-E services provided will include all activities necessary to evaluate seismic risks of specific buildings and to develop conceptual mitigation schemes for buildings with identified deficiencies, all in accordance with the RP8 Standards of Seismic Safety of Existing Federally Owned and Leased Buildings (NIST GCR 11-917-12), and Executive Order 13717.
The awarded contracts will require A/E Services based on the issuance of task orders for, but not limited to, the following services:
Tier 1 Screening – The initial phase of a building seismic evaluation consisting of three sets of checklists used to identify potential seismic deficiencies of the structural, nonstructural, and foundation/geologic hazard elements of a building and the building’s site conditions.
• Determination of seismic hazard and level of seismicity using available information
• Coordination with Regional and facility personnel regarding:
• Availability of as-built building information
• Site visits
• Review of existing as-built information provided electronically by the Service
• Determination of building Common Building Type(s)
• Determination of Benchmark Building applicability
• Site visit and completion of all required Tier 1 checklists
Tier 2 Evaluation – A complete analysis of a building using simplified methods that addresses all deficiencies identified during a Tier 1 Screening.
• Full-building or deficiency-only Tier 2 evaluation, as required
• Rapid Visual Screening incorporating evaluation findings – as detailed in the January 2015, FEMA P-154 handbook
• Preparation of seismic evaluation reports Title I Services (Project Appraisal/Conceptual Design) – Services which include conducting field investigations which may consist of topographical and other field surveys, soil borings, and other subsurface data collection; obtaining permits;
preliminary technical analyses and investigations; studies, sketches, layouts, outline specifications, and preliminary drawings; and reports including preliminary estimates of cost of the proposed project and of all structures, utilities, and appurtenances.
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Title II Services (Project Final Design) – Services which include performing detailed engineering analysis; preparing complete architectural and/or engineering designs; preliminary and final working drawings, specifications, cost estimates, bid proposals, and other construction contract documents; and interpretation of plans and specifications during the construction phase.
Title III Services (Construction Management) – Services which include performing construction inspection; reviewing contractor submittals; preparing construction progress reports, photographing or otherwise documenting construction progress; reviewing Value Engineering change proposals, and review construction contractor claims and modifications.
The previously awarded contracts for these services are 140F0821D0001 and 140F0821D0002.
This is a request for SF 330 submissions only. All Information Needed for Interested Parties to Submit a Standard Form (SF) 330, Architect-Engineer Qualifications, is Contained Herein.
1. SELECTION CRITERIA:
Primary factors will be assigned a raƟng from “High Confidence” to “Low Confidence”, based on the risk to the Government that the Offeror will successfully perform that evaluated factor. An overall raƟng will also be applied to the proposal submission using the same raƟng scale. Proposals failing to respond or provide complete informaƟon for each factor as required by this solicitaƟon will be determined non-compliant and will be removed from further consideraƟon. AŌer all raƟngs have been assigned, Offerors will be ranked as “Most Highly Qualified”, “Highly Qualified”, and “Not Qualified”
Factor 1. Key Personnel, Professional Qualifications (SF 330, Part I, Section E & G):
Firms will be evaluated on professional qualifications, competence, and experience of the proposed key personnel in providing services to accomplish the tasks required under this contract, including participation in example projects as outlined in the SF330, Part 1, Section G.
Required disciplines include, but are not limited to:
1. Function Code 18 - Cost Engineer / Estimator *
2. Function Code 27 - Foundation / Geotechnical Engineer *
3. Function Code 48 - Project Manager *
4. Function Code 57 - Structural Engineer *
*(10+ years’ experience plus appropriate state or professional certification commonly recognized for the discipline, if applicable)
Submission Requirements: In Part I, Section E, of the SF330, provide at least one (1) resume for each of the positions and disciplines identified above. Submit no more than fifteen (15) resumes, each no greater than one (1) page in length. The selected firm must have, either in-house or through sub-consultants, these positions and disciplines. In Block 13, under Role in this Contract, the same position titles as listed above must be used. The key sub-contractors listed for the projects shall have resume(s) for at least one of the disciplines identified above. The prime contractor shall utilize the same sub-contractors for the duration of the contract unless the Contracting Officer approves a substitution. If an individual serves in more than one position, then those positions shall be clearly indicated in Block
13. In Block 17, you must include the State & Discipline of professional registration. In Block 19, under Relevant Projects, include only projects having the final project deliverable 100% complete within the past ten (10) years of the posting date of this synopsis.
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Evaluation Methodology: The SSEB will review the resumes submitted to determine if the firm and its proposed team meets or does not meet this required criterion. Evaluation of each discipline will consider education, registrations/certifications, relevant experience, and longevity with the firm. A firm that provides resumes for key personnel with greater levels of education, relevant experience, and longevity with the firm will be considered more highly qualified than one that provides less qualified personnel, with less education, less relevant experience and a shorter duration with the firm. The number of years of experience must be demonstrated through projects relevant to the scope of this requirement. One resume may cover more than one discipline
Factor 2. Specialized Experience and Technical Competence (Projects) (SF330, Part I, Section F):
Firms will be evaluated on specialized experience in performance of services similar to those anticipated under this contract through evaluation of experience in the following:
• Seismic evaluation of existing buildings
• Seismic geological site assessment
• Rapid Visual Screening
• Design of seismic retrofit measures
• Engineering estimation of seismic retrofit project costs
Submission Requirements: In Part I, Section F, of the SF330, submit a minimum of five and no more than ten projects that include summaries/descriptions that address the Description of Work as described in Section 1.1 and the above specialized experience and technical competence. Projects must have a 100% final deliverable completed within 10 years of the date of this synopsis. In the instance of JVs, projects may be submitted from each partner and counted as the five projects from the prime firm. At least one project must be submitted from each JV partner. At least half of the submitted projects shall be from the prime firm. An IDIQ contract is not considered one project. In Part I, Section H, of the SF330, include a narrative/charts/graphs or other supporting information detailing the firm and its proposed team’s ability to address the Description of Work as described in Section 1.1 and the above specialized experience and technical competence.
Evaluation Methodology: Evaluation will be based on the SSEB assessment of the firm and its proposed team’s ability to effectively address the specialized experience and technical competencies as described above. A firm and its proposed team that more effectively addresses the required specialized experience and technical competencies will be considered more highly qualified than one that does not.
A firm and its proposed team that demonstrates a greater diversity of specialized experience across the aspects of the Description of Work in the submitted projects and supporting information in Section H will be considered more highly qualified.
Notes:
A project or contract is defined as either a stand-alone contract or a single task order in an IDIQ contract that has one past performance record. If more than ten projects are submitted for evaluation, the Government will only evaluate up to the first ten projects and disregard any other project information.
If the A-E firm is a joint venture (JV), information should be submitted for projects performed by the JV; however, if there are no recent relevant projects performed by the JV, submit projects performed by the individual partner entities of the JV. A subcontractor's or subconsultant’s specialized experience will not be given the same level of consideration as either the prime contractor or the JV partner(s). Prime contractor-subcontractor/sub consultant teams/JV’s/LLCs/LTDs with a demonstrated history of working successfully together on prior projects may be
5 | 2 4 considered more favorably than those without such history.
The submission should include a discussion of who executed the project as pertinent to demonstrating specialized experience. If a project was performed by a JV, and all JV partners are not on the team proposed for this contract, the offeror should specifically address the work performed on the project submitted by the proposed JV partner(s). If the project description does not clearly delineate the work performed by the proposed JV partner(s), the project will be evaluated less favorably. Likewise, if the proposed JV partner(s) worked as a subcontractor on a project, the offeror should specifically address the work performed by the proposed JV partner(s) on the project submitted. If a project does not provide requested data, accessible points of contact, or valid phone numbers, that project may be evaluated less favorably.
Factor 3. Past Performance (SF330, Part I, Section H):
Past performance will be evaluated based on information in the SF 330 package and the Example Projects submitted in Section F with an emphasis on the quality of work, compliance with performance schedules, cost control, efficient use of resources and stakeholder/customer satisfaction. Evaluation will be based on a subjective assessment by the board of the past performance evaluations submitted.
Evaluation of past performance may also include information provided by the firm, customer inquiries, Government databases, and publicly available sources provide. Failure to provide requested data, accessible points of contact, or valid phone numbers may result in a firm being considered less qualified. CPARs or related past performance submitted under Section H will not be considered in the page count, but please limit it to relevant data. CPARS will be verified by the Contracting Officer.
Note: If no relevant past performance information is available or the record is so sparse that no meaningful rating can be reasonably assigned, then the Offeror will be given a rating of Neutral and shall not be evaluated favorably or unfavorably. Firms may provide any information on problems encountered and the corrective actions taken on projects submitted under Criterion 1 Specialized Experience. Firms may also address any adverse past performance issues in Part I, Section H which shall not exceed two double-sided pages (or four single-sided pages) in total.
Evaluation Methodology: A firm’s Past Performance will be evaluated in terms of relevance, cost control, quality of work, and compliance with performance schedules. Evaluation will be based on the SSEB assessment of the relevance and ratings of the past performance evaluations. Past performance evaluations will be conducted based on the submitted reports as stated above, however the Government reserves the right to consider and review all available credible, documented information on past performance. Past Performance Information Retrieval System (PPIRS) is the primary source of information for past performance. Performance evaluations will be queried for all Prime firms, Joint Venture partners and major sub-consultants. A subcontractors or subconsultants past performance will not be given the same level of consideration as either the prime contractor or the JV partner(s).
Factor 4. Capacity and Management Capabilities Firms will be evaluated on the firm’s ability to plan for and manage work under the contract and their capacity to accomplish the work in the required time. Task orders may range from $12K to $75K and there may be requirements to accomplish multiple projects concurrently.
Submission Requirements: In Part I, Section H, of the SF330, describe the firm’s and its proposed team’s capacity to accomplish multiple simultaneous task orders through-out the United States. Describe the firm’s present workload and the availability of the project team (including consultants) for the specified contract performance period. Describe the workload/availability of the key personnel during the anticipated contract performance period and the ability of
6 | 2 4 the firm to provide qualified backup staffing for key personnel to ensure continuity of services. General statements of availability/capacity may be considered less favorably.
Describe the ability of the firm to manage, coordinate, and work effectively with team members both internal staff and consultants. Discuss the history of working relationships with team members, including joint venture partners where applicable. Demonstrate how the firm and its proposed team will provide the most highly qualified team for each task order.
Describe prior experience of the prime firm with any significant sub-consultant(s), or in the case of a partnership, teaming arrangement or JV, prior experience working together in addition to working with sub-consultant(s). Describe the firm’s and its proposed team’s ability to retain highly qualified staff.
Evaluation Methodology: Evaluation will be based on the SSEB assessment of the firm’s ability and its proposed team’s ability to effectively address the Capacity and Management Capabilities as described above. A firm and its proposed team that demonstrates a longer relationship and greater participation of Key Personnel in example projects will be considered more highly qualified than one that does not. Part II may be used to assess this criterion in terms of the firm and its proposed team’s capacity to accomplish the scope of this contract.
Standard Form (SF) 330 Parts I and II.
• Proposal may be prepared using any document preparation method.
• Proposal is to be submitted electronically in Portable Document Format (pdf) via email.
Page Limits for Part I: a. Section D Organizational Chart: One (1) page
b. Section E Resumes of Key Personnel: One (1) page per resume, fifteen (15) pages maximum for section.
c. Section F Example Projects: Ten (10) pages
d. Section H. Additional Information: Eight (8) pages 11-point standard fonts (Times New Roman, Calibri, Arial, etc.) are encouraged but not required.
• Information provided in in response to past performance evaluation factor should be limited to Section F. Example Projects.
SELECTION OF MOST HIGHLY QUALIFIED FIRMS:
Once evaluations have taken place discussions will be scheduled with selecting of four but not more than six of the most highly qualified firms. All firms not considered amongst the most highly qualified will be notified. Evaluation boards will be held per 48 C.F.R. §§ 1436.602-3 and 1436.602-4.
Interviews will then be scheduled with the selected firms via Microsoft Teams. Firms will be given fourteen calendar days advance notice to allow responsible representatives to participate in the interviews. All firms will be asked the same exact questions, that may include topics like experience, capabilities, capacity, organization, management, quality control procedures, and approach for the contract, approach for individual task order(s), as appropriate. The interview time shall not exceed 1 hour. The first 45 minutes shall be a presentation by the firm on the criteria above. The remaining 15 minutes will be a question-and-answer session with the AE responding to the questions asked by FWS evaluation team members. At the end of the 1 hour time period the interview is over, and no time extension shall be granted.
After completing the interviews, the board will select the top two firms, as the two most highly qualified firms and a Request for Proposal (RFP) will be issued requesting Labor Category Rates . The list of labor category rates must at least include those positions the evaluation criteria listed. The A/E firm will have fourteen calendar days to submit their price.
Late responses will be handled per FAR 52.215-1.
Negotiations will then take place to reach an agreement on fully loaded labor rates. Once the labor rates have been
7 | 2 4 approved, an award will be finalized and issued.
SUBMISSION REQUIREMENTS: Interested AE firm with the capabilities to perform this work are incited to submit one (1) complete PDF of their SF330 proposal.
Offerors submitting proposals shall obtain a Unique Entity Identifier (UEI). Include the UEI in Part I, Section B, Block 5 next to the name of the firm. Additionally, all Offerors must be registered in the System for Award Management (SAM). For instructions on registering with the SAM, go to https://www.sam.gov/SAM.
All fonts in Part I shall be at least 11 or larger in Times New Roman or Calibri to include text, tables, and figures. Fonts in Part II shall be at least size 7 or larger and Times New Roman or Calibri. Pages shall be 8-1/2 inches by 11 inches.
Offerors must submit their package to the following:
Thomas_ikner@ios.doi.gov Thomas Ikner, USFWS, Contracting Officer
Email submissions shall contain the following in the Subject line:
“140FGA26R0004_(Company Name) (UEI #)”
Point of Contact:
Thomas Ikner, USFWS, Contracting Officer The cutoff for submitting questions and inquiries to this solicitation is 12:00 p.m. EST, June 2ne , 2026.
Responses / SF 330 Due Date:
All responses (SF 330/Package) to this announcement must be received no later than 12:00 p.m. EST, June 19th, 2026.
Mailing or hard paper copies will not be accepted. If no email response is received within 24 hours of submission, please email the POC @ Thomas_ikner@ios.doi.gov for confirmation or other means of submission.
OFFERS MUST BE RECEIVED BY THE METHODS INDICATED ABOVE NO LATER THAN 12:00 PM, EST, ON JUNE 19th, 2026, OR
WILL BE CONSIDERED LATE.
CLAUSES
52.252-2 Clauses Incorporated by Reference.
CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far
The following clauses are incorporated by reference:
Clause Title Date 52.202-1 Definitions JUN 2020
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52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions on Subcontractor Sales to the Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 2014 52.203-12 Limitation on Payments to Include Certain Federal Transactions JUN 2020 52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.203-14 Display of Hotline Poster(s) NOV 2021 52.203-16 Preventing Personal Conflicts of Interest JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement to
Inform Employees of Whistleblower Rights
NOV 2023
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014
(amended) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems NOV 2021 52.204-23 Prohibition on Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab Covered Entities
DEC 2023
52.204-25 Prohibition of Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.204-27 Prohibition on ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government’s Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment
JAN 2025
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
OCT 2018
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations NOV 2015 52.210-1 Market Research NOV 2021 52.215-2 Audit and Records-Negotiation JUN 2020 52.219-6 Notice of Total Small Business Set Aside NOV 2020 52.219-8 Utilization of Small Business Concerns JAN 2025 52.219-9 Small Business Subcontracting Plan JAN 2025 52.219-14 Limitations on Subcontracting OCT 2022 52.219-16 Liquidated Damages-Subcontracting Plan SEP 2021 52.219-27 Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled
Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program.
FEB 2024
52.219-28 Post-Award Small Business Program Representation JAN 2025 52.219-29 Notice of Set-Aside for, or Sole-Source Award to, Economically
Disadvantaged Women-Owned Small Business Concerns
OCT 2022
52.219-30 Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small
OCT 2022
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Business Program 52.222-3 Convict Labor JUNE 2003 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Works with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor Relations
Act
DEC 2010
52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price
Adjustment (Multiple Year and Option Contracts)
AUG 2018
52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification JAN 2025 52.222-55 Minimum Wages for Contractor Workers Under Executive Order
14026
JAN 2022
52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-23 Sustainable Products and Services (DEVIATION FEB 2025) MAY 2024 52.225-13 Restrictions on Foreign Purchases FEB 2021 52.226-7 Drug-Free Workplace MAY 2024 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving MAY 2024 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement JUN 2020 52.227-11 Patent Rights-Ownership by the Contractor MAY 2014 52.229-3 Federal, State, and Local Taxes FEB 2013 52.232-10 Payments Under Fixed-Price Architect-Engineer Contracts APR 2010 52.232-16 Progress Payments NOV 2021 52.232-17 Interest 52.232-23 Assignment of Claims MAY 2014 52.232-26 Prompt Payment for Fixed-Price Architect-Engineer Contracts JAN 2017
52.232-33 Payment by Electronic Funds Transfer-System for Award Management OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023 52.233-1 Disputes MAY 2014 52.233-3 Protests after Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-5 Material and Workmanship APR 1984 52.236-22 Design Within Funding Limitations APR 1984 52.236-23 Responsibility of the Architect-Engineer Contractor APR 1984 52.236-24 Work Oversight in Architect-Engineer Contracts APR 1984 52.236-25 Requirements for Registration of Designers JUN 2003 52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984 52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or
Assembled by American Security Drone Act-Covered Foreign Entities
NOV 2024
52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JULY 1995 52.242-14 Suspension of Work APR 1984 52.243-1 Changes-Fixed Price—ALT III APR 1984 52.244-4 Subcontractors and Outside Associates and Consultants (Architect- AUG 1998
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Engineer Services) 52.244-6 Subcontracts for Commercial Products and Commercial Services NOV 2024 52.249-7 Termination (Fixed-Price Architect-Engineer) APR 1984 52.249-8 Default (Fixed-Price Supply and Service) APR 1984 52.253-1 Computer Generated Forms JAN 1991
The following clauses are provided in full text:
52.216-18 Ordering. (AUG 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from May 2026 through May 2030.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered "issued" when—
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or
(3) If sent electronically, the Government either—
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor's email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End of clause) 52.216-19 Order Limitations. (Oct 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor-
(1) Any order for a single item in excess of $100,000];
(2) Any order for a combination of items in excess of $100,000; or
(3) A series of orders from the same ordering office within N/A days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the
Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause) 52.216-21 Requirements. (Oct 1995)
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a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.
Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) The Government’s requirements for each item or subitem of supplies or services described in the Schedule are being purchased through one non-set-aside contract and one set-aside contract. Therefore, the Government shall order from each Contractor approximately one-half of the total supplies or services specified in the Schedule that are required to be purchased by the specified Government activity or activities. The Government may choose between the set-aside Contractor and the non-set-aside Contractor in placing any particular order. However, the Government shall allocate successive orders, in accordance with its delivery requirements, to maintain as close a ratio as is reasonably practicable between the total quantities ordered from the two Contractors.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 2031.
52.216-22 Indefinite Quantity. (Oct 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.
The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
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(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 2301. (End of clause)
52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023). As prescribed in 4.2306(c).
(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.
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
(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.
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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.
(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.
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(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.
(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;
(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.
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(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.
(End of clause)
52.252-6 Authorized Deviations in Clauses.
AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any _____ [insert regulation name] (48 CFR _____) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
**Department of the Interior Acquisition Regulation (DIAR) – CLAUSES
1452.201-70 Authorities and Delegations (SEP 2011)
(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 to have been issued without proper authority.
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