(140R2024R0002)_Amd_08_0008.pdf

(x)

140R2024R0002 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

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

x

Sacramento CA 95825-1898 2800 Cottage Way, Room E-1815

R20

Division of Acquisition Services Regional Office Mid-Pacific Region Bureau of Reclamation

07/15/20250008

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

07/29/2024

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

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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

ORDER NO. IN ITEM 10A.

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

The purpose of Amendment 08 is for the following:

1) Section B. Revised paragraph (e) to add DIAR 1452.216-4, Economic Price Adjustment- Labor and Material (DEVIATION). See text formatted in bold and italics.

2) Section I. Removed 52.216-2, Economic Price Adjustment-Standard Supplies. Added DIAR 1452.216-4, ECONOMIC PRICE ADJUSTMENT LABOR AND MATERIAL. Added 52.232-20, Limitation of Cost. See text formatted in bold and italics.

3) Section J. Replaced attachment 1 - General Decision Number CA20250007. Updated attachment 5 Site Visit Sign in Sheet with 07082025 site visit information. See text Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

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

Brenda L. Davis

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

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

1X

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140R2024R0002/0008 formatted in bold and italics.

4) Section L. Updated FAR 52.236-27 SITE VISIT(CONSTRUCTION)- ALT I to include site visit information. See text formatted in bold and italics.

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

Sponsored by GSA

FAR (48 CFR) 53.110

Trinity River Division GSU Transformer Replacements Central Valley Project, California Solicitation No. 140R2024R0002

Supplies or Services and Prices

B - 1

SECTION B – SUPPLIES OR SERVICES AND PRICES

B.1 PRICE SCHEDULES

(a) Offers will be considered for award on the following Price Schedules.

(1) Price Schedule 1 – Overall Project Costs:

a. Provide contract document management system that will be used for construction for all three power plants.

(2) Price Schedule 2 – Spring Creek Powerplant:

a. Provide the principal components of work as listed in Section 01 11 00 – Summary of Work for Spring Creek Powerplant.

(3) Price Schedule 3 – Judge Francis Carr Powerplant:

a. Provide the principal components of work as listed in Section 01 11 00 – Summary of Work for Judge Francis Carr Powerplant.

(4) Price Schedule 4 – Trinity Powerplant:

a. Provide the principal components of work as listed in Section 01 11 00 – Summary of Work for Trinity Powerplant.

(b) No offer will be considered for award on only a part of the Price Schedules.

(1) Offerors shall complete Price Schedules 1 through 4. Offers not including all of Price Schedules 1 through 4 will be considered nonresponsive and will not be evaluated for award.

(2) Offers will be evaluated based on each of the total of Price Schedules 1 through 4.

(c) Offers are subject to the terms and conditions of this solicitation.

(d) Quantities in the Price Schedules are estimated quantities for comparison of offers only.

Except as provided in the contract clause at FAR 52.211-18, Variation in Estimated Quantity, no claim shall be made against the Government for overruns or underruns. The contract clause at FAR 52.211-18, Variation in Estimated Quantity does not apply to lump sum items.

(e) As defined in FAR 52.216-2, an Economic Price Adjustment shall apply to the CLINs for Supplying Power Transformers, listed as CLIN 2-6, 3-6, and 4-6. See the contract clause DIAR 1452.216-4, Economic Price Adjustment – Labor and Material (DEVIATION) for CLIN 2-6, 3-6, and 4-6.

(f) See the contract clause at WBR 1452.232-81, Payment for Mobilization and Preparatory Work, for CLIN 2-1, 3-1, and 4-1.

B - 2

(g) See contract clause at WBR 1452.246-81, Failure to Meet Performance Warranties for Warranted Characteristics.

(h) Definitions:

(1) CLIN – Contract Line Item Number

(2) Days – Calendar days.

PRICE SCHEDULE 1 – OVERALL PROJECT COSTS

CLIN Section Supplies or Services Quantity and Unit

Unit Price Amount

1-1 01 31 30 Contract Document Management System

For the lump sum of

TOTAL FOR PRICE SCHEDULE 1 $

PRICE SCHEDULE 2 – SPRING CREEK POWERPLANT

CLIN Section Supplies or Services Quantity and Unit

Unit Price Amount

2-1

WBR

1452.232-

Mobilization and Preparatory Work

For the lump sum of

2-2 02 82 20 Asbestos Abatement For the lump sum of $

2-3 05 12 73 Power Transformer Anchorage Systems

For the lump sum of $

2-4 26 05 05 Removal and Disposal of Existing Electrical Equipment

For the lump sum of $

2-5 48 19 22 Isolated Phase Bus For the lump sum of $

2-6 48 19 23 Supplying Power Transformers

For the lump sum of $

2-7 48 19 23 Installing Power Transformers

For the lump sum of $

TOTAL FOR PRICE SCHEDULE 2 $

B - 3

PRICE SCHEDULE 3 – JUDGE FRANCIS CARR POWERPLANT

CLIN Section Supplies or Services Quantity and Unit

Unit Price Amount

3-1

WBR

1452.232-

Mobilization and Preparatory Work

For the lump sum of

3-2 02 82 20 Asbestos Abatement For the lump sum of $

3-3 05 12 73 Power Transformer Anchorage Systems

For the lump sum of $

3-4 26 05 05 Removal and Disposal of Existing Electrical Equipment

For the lump sum of $

3-5 48 19 22 Isolated Phase Bus For the lump sum of $

3-6 48 19 23 Supplying Power Transformers

For the lump sum of $

3-7 48 19 23 Installing Power Transformers

For the lump sum of $

TOTAL FOR PRICE SCHEDULE 3 $

B - 4

PRICE SCHEDULE 4 – TRINITY POWERPLANT

CLIN Section Supplies or Services Quantity and Unit

Unit Price Amount

4-1

WBR

1452.232-

Mobilization and Preparatory Work

For the lump sum of

4-2 02 82 20 Asbestos Abatement For the lump sum of $

4-3 05 12 73 Power Transformer Anchorage Systems

For the lump sum of $

4-4 26 05 05 Removal and Disposal of Existing Electrical Equipment

For the lump sum of $

4-5 48 19 22 Isolated Phase Bus For the lump sum of $

4-6 48 19 23 Supplying Power Transformers

For the lump sum of $

4-7 48 19 23 Installing Power Transformers

For the lump sum of $

TOTAL FOR PRICE SCHEDULE 4 $

TOTAL FOR PRICE SCHEDULES 1 THROUGH 4 $

B.2 WARRANTED CHARACTERISTICS

(a) The Offeror warrants that the losses of each power transformer shall not exceed the loss requirements furnished below, with rated voltage and frequency.

(b) Transformer losses (round to the nearest tenth of a kilowatt):

(1) Spring Creek Powerplant:

a. No-load losses ............................................................_______________kW

b. Load losses, at the loading condition of:

68.333-megavolt ampere output ................................_______________kW

(2) Judge Francis Carr Powerplant:

a. No-load losses ............................................................_______________kW

b. Load losses, at the loading condition of:

58.333-megavolt ampere output ................................_______________kW

B - 5

(3) Trinity Powerplant:

a. No-load losses ............................................................_______________kW

b. Load losses, at the loading condition of:

50-megavolt ampere output ......................................._______________kW

(4) Load losses must be at the IEEE reference temperature of 85 degrees C. Losses measured at a different loading than that which is required, but extrapolated to the required loading, will not be acceptable.

(c) Failure to furnish the required values will result in an incomplete offer, which will not be considered.

(d) Offers will be evaluated in accordance with the provision at WBR 1452.246-80, Evaluation of Equipment Efficiency and Losses.

(e) The contract price may be adjusted in accordance with the clause at WBR 1452.246-81, Failure to Meet Performance Warranties.

END OF SUPPLIES OR SERVICES AND PRICES

B - 6

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B - 7

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Contract Clauses

Section I - 1

SECTION I – CONTRACT CLAUSES

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998

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

https://www.acquisition.gov/ (FAR 52.XXX-XX formatted clauses)

FAR Clause Title Date

52.202-1 Definitions JUN 2020

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 Influence Certain Federal Transactions

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

52.204-4 Printing/Copying Double-Sided on Recycled Paper MAY 2011

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

52.204-19 Incorporation by Reference of Representations and Certifications

DEC 2014

Section I - 2

FAR Clause Title Date

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 on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

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

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

52.215-11 Price Reduction for Defective Cost or Pricing Data – Modifications

JUN 2020

52.215-13 Subcontractor Certified Cost or Pricing Data- Modifications

JUN 2020

52.215-15 Pension Adjustments and Asset Reversions OCT 2010

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other than Certified Cost or Pricing Data – Modifications

NOV 2021

52.216-2 Economic Price Adjustment-Standard Supplies NOV 2024

52.219-4 Notice of Price Evaluation preference for HUBZone Small Business Concerns

OCT 2022

52.219-8 Utilization of Small Business Concerns FEB 2024

Section I - 3

FAR Clause Title Date

52.219-9 Small Business Sub-Contracting Plan - Alternate I

(NOV 2016)

SEP 2023

52.219-16 Liquidated Damages-Subcontracting Plan SEP 2021

52.219-28 Post-Award Small Business Program Rerepresentation FEB 2024

52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards-Overtime Compensation

MAY 2018

52.222-6 Construction Wage Rate Requirements AUG 2018

52.222-7 Withholding of Funds MAY 2014

52.222-8 Payrolls and Basic Records JULY 2021

52.222-9 Apprentices and Trainees JUL 2005

52.222-10 Compliance with Copeland Act Requirements FEB 1988

52.222-11 Subcontracts (Labor Standards) MAY 2014

52.222-12 Contract Termination – Debarment MAY 2014

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988

52.222-15 Certification of Eligibility MAY 2014

52.222-21 Prohibition of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016

52.222-27 Affirmative Action Compliance Requirements for Construction

APR 2015

52.222-35 Equal Opportunity for Veterans JUN 2020

52.222-36 Equal Opportunity for Workers 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

Section I - 4

FAR Clause Title Date

52.222-50 Combating Trafficking in Persons NOV 2021

52.222-54 Employment Eligibility Verification MAY 2022

52.222-55 Minimum Wages Under Executive Order 13658 JAN 2022

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

52.223-3 Alt I Hazardous Material Identification and Material Safety Data (JUL 1995) - Alternate I

FEB 2021

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

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 Copy Infringement

JUN 2020

52.227-4 Patent Indemnity – Construction Contracts DEC 2007

52.228-2 Additional Bond Security OCT 1997

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

52.228-11 Pledges of Assets FEB 2021

52.228-12 Prospective Subcontractor Requests for Bonds DEC 2022

52.228-14 Irrevocable Letter of Credit NOV 2014

52.229-3 Federal, State and Local Taxes FEB 2013

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014

52.232-17 Interest MAY 2014

52.232-23 Assignment Of Claims MAY 2014

52.232-27 Prompt Payment for Construction 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

Section I - 5

FAR Clause Title Date

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

MAR 2023

52.233-1 Alt I Disputes – (DEC 1991) - Alternate I MAY 2014

52.233-3 Protest after Award AUG 1996

52.233-4 Applicable Law for Breach Of Contract Claim OCT 2004

52.236-2 Differing Site Conditions APR 1984

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

52.236-5 Material and Workmanship APR 1984

52.236-6 Superintendence by the Contractor APR 1984

52.236-7 Permits and Responsibilities NOV 1991

52.236-8 Other Contracts APR 1984

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

APR 1984

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984

52.236-13 Alt I Accident Prevention (NOV 1991) – Alternate I NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984

52.236-17 Layout of Work APR 1984

52.236-21 Alt I Specifications and Drawings for Construction (APR 1984) – Alternate I

FEB 1997

52.242-5 Payments to Small Business Subcontractors JAN 2017

52.242-13 Bankruptcy JUL 1995

52.243-4 Changes JUN 2007

52.244-6 Subcontracts for Commercial Products and Commercial Services

FEB 2024

Section I - 6

FAR Clause Title Date

52.246-21 Warranty of Construction MAR 1994

52.248-3 Value Engineering – Construction OCT 2020

52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price) (SEP 1996) – Alternate I

APR 2012

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

52.253-1 Computer Generated Forms JAN 1991

FAR 52.204-21 COVERED TELECOMMUNICATIONS NOV 2021

EQUIPMENT OR SERVICES REPRESENTATION

(a) Definitions. As used in this clause—

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C.

3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

Section I - 7

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of

Section I - 8 commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

FAR 52.216-2 ECONOMIC PRICE ADJUSTMENT-STANDARD SUPPLIES NOV 2024

(a) The Contractor warrants that the unit price stated in the Schedule for CLIN 2-6, CLIN 3-6, and CLIN 4-6 is not in excess of the Contractor’s applicable established price in effect on the contract date for like quantities of the same item. The term "unit price" excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term "established price" means a price that-

(1) Is an established catalog or market price for a commercial product sold in substantial quantities to the general public; and

(2) Is the net price after applying any standard trade discounts offered by the Contractor.

(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor’s established price, and this contract shall be modified accordingly.

(c) If the Contractor’s applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor’s written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract unit price.

(2) The increased contract unit price shall be effective-

(i) On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor’s written request within 10 days thereafter; or

(ii) If the written request is received later, on the date the Contracting Officer receives the request.

(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

Section I - 9

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor’s written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in paragraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

DIAR 1452.216-4 ECONOMIC PRICE ADJUSTMENT – JUN 2025

LABOR AND MATERIAL (DEVIATION)

(a)The Contractor shall notify the Contracting Officer if, at any time during contract performance, the rate of pay for labor (including fringe benefits) or the unit prices for material shown in the Schedule either increase or decrease. The Contractor shall furnish this notice within 60 days after the increase or decrease, or within any additional period that the Contracting Officer may approve in writing, but not later than the date of final payment under this contract.

The notice shall include the Contractor’s proposal for an adjustment in the contract unit prices to be negotiated under paragraph (b) of this clause, and shall include, in the form required by the Contracting Officer, supporting data explaining the cause, effective date, and amount of the increase or decrease and the amount of the Contractor’s adjustment proposal.

(b)Promptly after the Contracting Officer receives the notice and data under paragraph (a) of this clause, the Contracting Officer and the Contractor shall negotiate a price adjustment in the contract unit prices and its effective date. However, the Contracting Officer may postpone the negotiations until an accumulation of increases and decreases in the labor rates (including fringe benefits) and unit prices of material shown in the Schedule results in an adjustment allowable under paragraph (c)(3) of this clause. The Contracting Officer shall modify this contract (1)to include the price adjustment and its effective date and (2)to revise the labor rates (including fringe benefits) or unit prices of material as shown in the Schedule to reflect the increases or decreases resulting from the adjustment. The Contractor shall continue performance pending agreement on, or determination of, any adjustment and its effective date.

(c)Any price adjustment under this clause is subject to the following limitations:

(1)Any adjustment shall be limited to the effect on unit prices of the increases or decreases in the rates of pay for labor (including fringe benefits) or unit prices for material shown in the Schedule. There shall be no adjustment for- (i)Supplies or services for which the production cost is not affected by such changes;

(ii)Changes in rates or unit prices other than those shown in the Schedule; or

Section I - 10

(iii)Changes in the quantities of labor or material used from those shown in the Schedule for each item.

(2)No upward adjustment shall apply to supplies or services that are required to be delivered or performed before the effective date of the adjustment, unless the Contractor’s failure to deliver or perform according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of the Default clause.

(3)There shall be no adjustment for any change in rates of pay for labor (including fringe benefits) or unit prices for material which would not result in a net change of at least 3 percent of the then-current total CLIN price. This limitation shall not apply, however, if, after final delivery of all line items, either party requests an adjustment under paragraph (b) of this clause.

(4)The aggregate of the increases in any contract unit price made under this clause shall not exceed the actual costs, as justified by subcontractor invoices or other written documentation.

There is no percentage limitation on the amount of decreases that may be made under this clause.

(d)The Contracting Officer may examine the Contractor’s books, records, and other supporting data relevant to the cost of labor (including fringe benefits) and material during all reasonable times until the end of 3 years after the date of final payment under this contract or the time periods specified in subpart 4.7 of the Federal Acquisition Regulation (FAR), whichever is earlier.

FAR 52.225-11 BUY AMERICAN— CONSTRUCTION MATERIALS NOV 2023

UNDER TRADE AGREEMENTS

(a) Definitions. As used in this clause—

Caribbean Basin country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

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);

Section I - 11

(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.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at

FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Section I - 12

Malta, Moldova, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

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 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029.

(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

Section I - 13 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.

Free Trade Agreement country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

Least developed country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

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.

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WTO GPA country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(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 material, excluding COTS fasteners. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows: None

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

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

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

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

K-1 (2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that is manufactured in the United States and exceeds 55 percent

Section I - 15 domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(4)(i)(A)(1) of this clause.

K-2 (3) The procedures in paragraph (b)(4)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

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

(1) The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

K-3 (2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(4)(i)(B)(1) of this clause.

K-4 (3) The procedures in paragraph (b)(4)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

(ii) The application of the restriction of the Buy American Act 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)(4) 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;

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(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description

Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 1

Foreign construction material

Section I - 17

Domestic construction material

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[ List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. ] [ Include other applicable supporting information. ]

Section I - 18

FAR 52.228-15 PERFORMANCE and PAYMENT BONDS-CONSTRUCTION JUN 2020

(a)Definitions. As used in this clause-

Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b)Amount of required bonds. Unless the resulting contract price is valued at or below the threshold specified in Federal Acquisition Regulation 28.102-1(a) on the date of award of this contract, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1)Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be as follows;

- On or around the anticipated delivery date of CLIN 2-6 Power Transformers the contractor shall provide performance bonds for the total value of CLINS 2-1 thru 2-5 & 2-7. The Standard Form 25 expiration date shall support the anticipated completion date for all work for CLINS 2-1 thru 2-5 & 2-7.

- On or around the anticipated delivery date of CLIN 3-6 Power Transformers the contractor shall provide performance bonds for the total value of CLINS 3-1 thru 3-5 & 3-7. The Standard Form 25 expiration date shall support the anticipated completion date for all work for CLINS 3-1 thru 3-5 & 3-7.

- On or around the anticipated delivery date of CLIN 4-6 Power Transformers the contractor shall provide performance bonds for the total value of CLINS 4-1 thru 4-5 & 4-7. The Standard Form 25 expiration date shall support the anticipated completion date for all work for CLINS 4-1 thru 4-5 & 4-7.

(2)Payment Bonds ( Standard Form 25A). The penal amount of payment bonds at the time of contract award shall as follows;

- On or around the anticipated delivery date of CLIN 2-6 Power Transformers the contractor shall provide payment bonds for the total value of CLINS 2-1 thru 2-5 & 2-7. The Standard Form 25A expiration date shall support the anticipated completion date for all work for CLINS 2-1 thru 2-5 & 2-7.

- On or around the anticipated delivery date of CLIN 3-6 Power Transformers the contractor shall provide payment bonds for the total value of CLINS 3-1 thru 3-5 & 3-7. The Standard Form 25A expiration date shall support the anticipated completion date for all work for CLINS 3-1 thru 3-5 & 3-7.

- On or around the anticipated delivery date of CLIN 4-6 Power Transformers the contractor shall provide payment bonds for the total value of CLINS 4-1 thru 4-5 & 4-7. The

Section I - 19

Standard Form 25A expiration date shall support the anticipated completion date for all work for CLINS 4-1 thru 4-5 & 4-7.

(3) Additional bond protection.

(i)The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii)The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c)Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d)Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. Department of the Treasury, Financial Management, Service Surety Bond Branch, 3700 East West Highway, Room 6 F01, Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

(e)Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)).