Solicitation_No__140R3026R0004_0001.pdf

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BROCK RESERVOIR GATE REPLACEMENT/REPAIRS
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140R3026R0004
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This is a Request for Proposal (RFP) from the U.S. Bureau of Reclamation for the Brock Reservoir Gates Replacement project in the Lower Colorado Basin. The solicitation (No. 140R3026R0004) seeks a contractor to replace six 10-foot by 10-foot and two 10-foot by 7-foot cast iron slide gates with new 316L stainless steel gates, including associated components like gearboxes, actuators, and cathodic protection systems. The project also involves surface preparation, electrical and communication wiring upgrades, and replacement of the existing engine generator.

The contract will be awarded through full and open competition, with a total estimated project value between $5,000,000 and $10,000,000. The NAICS code is 237990 (Other Heavy and Civil Engineering Construction) with a small business size standard of $45M. A site visit is scheduled for February 5, 2026, and written questions are due by February 9, 2026. The government anticipates making an award without discussions and will evaluate proposals based on technical factors (construction plan, past performance, management approach, and small business participation) with these factors being significantly more important than price.

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Sol_140R3026R0004_Amd_0005.pdf PDF
Revised_Page_L-15_0004.pdf PDF
Sol_140R3026R0004_Amd_0004.pdf PDF
140R3026R0004_-_Questions_from_Site_Visit_0004.pdf PDF
Attachment_8_Key_Subcontractor_Specialized_Experience_0003.pdf PDF
Specifications_01_46_00_0003.pdf PDF
423-D-60247-Cell_1_Option_0003.pdf PDF
SF_1442_0003.pdf PDF
140R3026R0004_-_Site_Visit_Sign-In_Sheet_0003.pdf PDF
Rodney_Hunt_Shop_Drawings_0003.pdf PDF
Specifications_31_01_10_0003.pdf PDF
Revised_Page_L-12_0003.pdf PDF
Sol_140R3026R0004_Amd_0003.pdf PDF
Specifications_35_23_11_0003.pdf PDF
Sol_140R3026R0004_Amd_0002.pdf PDF
Attachment_1A_Statement_of_Work_0002.pdf PDF
Sol_140R3026R0004_Amd_0001.pdf PDF
Sol_140R3026R0004.pdf PDF
Attachment_1_Specifications.pdf PDF
Attachment_9_Subcontracting_Plan_Template.pdf PDF
Attachment_5_Performance_Bond_SF25.pdf PDF
Attachment_3_Wage_Determination_CA20260002.pdf PDF
Attachment_7_-_Past_Performanc_Questionnaire.pdf PDF
Attachment_4_Bid_Bond_SF24.pdf PDF
Attachment_2__Drawings.pdf PDF
Attachment_5_Payment_Bond_SF25A.pdf PDF
Attachment_6_DI-137_Release_of_Claims.pdf PDF
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Solicitation No. 140R3026R0004 Contract No. TBD Full and Open Competition Request for Proposal

Brock Reservoir Gates Replacement

U.S. Department of the Interior Bureau of Reclamation Interior Region 8: Lower Colorado Basin

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FOREWORD

Solicitation No.

140R3026R0004

Project Title

The U.S Department of Interior, Bureau of Reclamation, Interior Region 8: Lower Colorado Basin (LCB), Yuma Area Office (YAO) has a requirement to replace the gates at Brock Reservoir..

This acquisition is being procured under Federal Acquisition Regulations Part 15, Contracting by Negotiation. Offerors are cautioned to carefully review the offer submission requirements contained in Section L and the evaluation criteria and standards contained in Section M. To be considered qualified for this work, offerors must fully address all evaluation factors. Failure to comply with these requirements may result in a proposal being determined unacceptable. Reference Section L, for instructions and Section M, paragraph M.2 for evaluation factors and acceptability standards. The Government anticipates making award without discussions.

This requirement will be issued as FULL AND OPEN COMPETITION (UNRESTRICTED). The North American Industry Classification System (NAICS) Code assigned to this project is 237990, Other Heavy and Civil Engineering Construction with a corresponding small business size standard of $45M.

MAGNITUDE OF CONSTRUCTION PROJECTS: Per Reclamation Acquisition Regulation (RAR) – WBR 4126.204 - Disclosure of the Magnitude of Construction Projects, the estimated magnitude is between $5,000,000.00 and $10,000,000.00.

SITE VISIT: See Section L.8, FAR 52.236-27 Site Visit (Construction) for information regarding the organized site visit. A site visit will be held on February 5, 2026, at 8:00 a.m. Pacific Time, at Brock Reservoir, north side of Interstate 8 and Exit 146 Brock Research Center Road. Contact Diane Rodriguez, Contract Specialist at DLRodriguez@usbr.gov if you intend to attend the site visit by no later than February 3, 2026 at 2:00 p.m. Pacific Time. If no notification is received from interested vendors, the site visit will be cancelled.

Vendors are urged and expected to inspect the site where work is to be performed and to satisfy themselves regarding all general and local conditions that may affect the price of the work to be performed, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitutes grounds for a claim after award of the contract.

WRITTEN QUESTIONS: Reclamation will only accept written questions for this solicitation. Please submit all written questions pertaining to this Request for Proposals (RFP) to Diane Rodriguez at DLRodriguez@usbr.gov no later than February 9, 2026, at 2:00 p.m. Pacific Time. The subject line shall clearly reference the RFP Number associated with this RFP. Offerors are responsible for ensuring that the Contract Specialist has received the questions submitted by the due date. Questions received after this date may not be entertained.

For date and place of receipt of proposals see (Construction, Alteration or Repair) SF-1442.

OTHER NOTES TO OFFERORS: For information regarding Bureau of Reclamation’s publication “Reclamation Safety and Health Standards" with revisions at http://www.usbr.gov/ssle/safety/RSHS/rshs.html ) which is applicable to work to be performed, see clause WBR 1452.223-81 Safety and Health.

Note: The term “bid” found within Attachment No. 0001 – Specifications is equal to “proposal.”

mailto:DLRodriguez@usbr.gov http://www.usbr.gov/ssle/safety/RSHS/rshs.html

140R3023R0003

Project Title

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140R3026R0001

Project Title i

TABLE OF CONTENTS

TABLE OF CONTENTS A-1

PART I – THE SCHEDULE

SECTION A – Solicitation/Contract Form – Construction, Alteration or Repair, SF-1442

SECTION B – Continuation of Section B - Supplies or Services and Prices/Costs

B.1 The Requirement B-1 B.3 Price Schedule B-2

SECTION C – Description/Specifications/Statement of Work C-1

C.1 Specifications C-1

SECTION D - Packaging and Marking – Not applicable D-1

SECTION E - Inspection and Acceptance E-1

E.1 52.252-2 Clauses Incorporated by Reference E-1

SECTION F - Deliveries or Performance F-1

F.1 52.252-2 Clauses Incorporated by Reference F-1 F.2 52.211-10 Commencement, Prosecution, and Completion of Work F-1 F.3 Liquidated Damages F-1

SECTION G - Contract Administration Data G-1

G.1 52.252-2 Clauses Incorporated by Reference G-1 G.2 DOI-AAAP-0028 Electronic Invoicing and Payment Requirements –

Internet Payment Platform G-1

G.3 1452.201-80 Contracting Officer’s Representative Authorities and Limitations - Bureau of Reclamation

G-3

SECTION H - Special Contract Requirements H-1

H.1 DOI-AAAP-0050 Contractor Performance Assessment Reporting System, H-1 H.2 WBR 1452.242-80 Postaward Conference -- Bureau of Reclamation H-2

PART II - CONTRACT CLAUSES

SECTION I - Contract Clauses I-1 I.1 52.252-2 Clauses Incorporated by Reference I-1 I.2 52.203-14 Display of Hotline Poster(s) I-3 I.3 52.225-11 Buy American Act-Construction Materials Under Trade

Agreements I-4

I.4 52.236-1 Performance of Work by the Contractor I-8 I.5 Other Contracts I-9 I.6 52.252-6 Authorized Deviations in Clauses I-9 I.7 1452.203-70 Restrictions on Endorsements – Department of the Interior I-9 I.8 1452.204-70 Release of Claims – Department of the Interior I-9 I.9 1452.228-70 Liability Insurance -- Department of the Interior I-9

I.10 1452.223-81 Safety and Health – Bureau of Reclamation I-10

Project Title ii

I.11 WBR 1452.232-81 Payment for Mobilization and Preparatory Work --

Bureau of Reclamation I-11

I.12 WBR 1452.236-84 Preservation of Cultural Resources – Bureau of Reclamation

I-13

I.13 WBR 1452.237-80 Security Requirements--Bureau of Reclamation I-14 I.14 WBR 1452.243-80 Modification Proposals--Bureau of Reclamation I-21

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J - List of Attachments J-1 J.1 Applicability of Document J-1 J.2 List of Contract Documents J-1

PART IV-REPRESENTATIONS AND INSTRUCTIONS

(This part will be removed after award.)

SECTION K - Representations, Certifications and Other Statements of Offerors K-1

K.1 Solicitation Provisions Incorporated by Reference K-1 K.2 52.204-8 Annual Representations and Certifications K-2 K.3 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment K-5

K.4 52.209-7 Information Regarding Responsibility Matters K-7 K.5 52.209-13 Violation of Arms Control Treaties or Agreements-Certification K-9

SECTION L - Instructions, Conditions and Notices to Offerors L-1

L.1 Solicitation Provisions Incorporated by Reference L-1 L.2 52.211-3 Availability of Specifications Not Listed in The GSA Index of

Federal Specifications, Standards and Commercial Item Descriptions L-1

L.3 52.216-1 Type of Contract L-4 L.4 52.222-5 Construction Wage Rate Requirements—Secondary Site of the

Work L-4

L.5 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

L-4

L.6 52.225-12 Alt II Notice of Buy American Act Requirement-Construction Materials Under Trade Agreements

L-5

L.7 52.228-1 Bid Guarantee L-7 L.8 52.236-27 Alt I Site Visit (Construction) - Alternate I

(Feb 1995) L-7

L.9 52.252-5 Authorized Deviations in Provisions L-7 L.10 1452.215-70 Examination of Records by the Department of the Interior L-7 L.11 1452.233-2 Service of Protest Department of The Interior (Jul 1996)

(Deviation) L-7

L.12 1452.215-71 Use and Disclosure of Proposal Information-Department of the Interior

L-8

L.13 1452.215-81 Proposal Instructions -- Bureau of Reclamation L-9 L.14 1452.236-85 Instruction for Mobilization and Preparatory Work Schedule

Line Item --Bureau of Reclamation L-18

SECTION M - Evaluation Factors for Award M-1

M.1 WBR 1452.215-80 Source Selection Evaluation Procedures—Bureau of Reclamation

M-1

TABLE OF CONTENTS Solicitation No.

Project Title iii

M.2 WBR 1452.215-82 Evaluation for Award -- Quality

Predominance -- Bureau of Reclamation M-1

Project Title

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Section A – Solicitation/Contract Form

Solicitation No.

140R3026R0004

Project Title

Page A-1

Section A

Award (Construction, Alteration or Repair) SF-1442

Project Title

Award (Construction, Alteration or Repair) SF-1442

Continuation of Section B – Supplies or Services and Prices/Costs

Solicitation No.

140R3026R0004

Project Title

Page B-1

CONTINUATION OF SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 THE REQUIREMENT

(a) The Contractor shall furnish the items identified in this Section, in accordance with the terms, conditions, and specifications contained in the contract.

(b) Offers will be considered for award on the following Price Schedules, but no offer will be considered for award on only part of the Price Schedule.

(c) Quantities in the Price Schedules are estimated quantities for comparison of offers only. Except as provided in the contract clause at FAR 52.211-8, Variation in Estimated Quantity, no claim shall be made against the Government for overruns or underruns. The contract clause at FAR 52.211-8, does not apply to lump sum items.

(d) See the contract clause at WBR 1452.232-81, Payment for Mobilization and Preparatory Work, for

CLIN 1.

(e) Failure to complete Price Schedule will result in an incomplete offer that will not be considered.

(f) Offerors are cautioned to carefully review the proposal submission requirements contained in Section L. Failure to comply with these requirements may result in an offer being determined technically unacceptable.

(g) The contract will be awarded to the offeror as detailed in Sections L and M.

(h) Definitions:

(1) CLIN: Contract Line-Item Number

(2) LS: Lump Sum

Section B – Supplies or Services and Prices

Solicitation No.

140R3026R0004

Project Title

Page B-2

B.2 PRICE SCHEDULE

PRICE SCHEDULE A – REQUIRED

CLIN Section Supplies or Services Quantity and Unit

Unit Price Amount

A-1 WBR

1452.232-81

Mobilization and Preparatory Work

For the lump sum of $

A-2 01 31 30 Contract Document Management System

For the lump sum of $

A-3 01 78 30 Final As-Built Drawings For the lump sum of $

A-4 01 78 30 Final Drawings For the lump sum of $

A-5 05 50 00 Miscellaneous Metalwork For the lump sum of $

A-6 09 96 20 Coatings For the lump sum of $

A-7 26 05 02 Complete Electrical System For the lump sum of $

A-8 26 32 10 Engine-Generator Set For the lump sum of $

A-9 26 42 00

Cathodic Protection Systems For the lump sum of $

A-10 28 21 00 Surveillance System For the lump sum of $

A-11 31 03 10 Temporary Cofferdam For the lump sum of $

A-12 33 09 19 Water Level Measuring Devices

For the lump sum of $

A-13 35 23 11 10-foot by 7-foot Slide Gates and Actuators

For the lump sum of $

A-14 35 23 11 10-foot by 10-foot Slide Gates and Actuators

For the lump sum of $

TOTAL FOR PRICE SCHEDULE A $_________________

PRICE SCHEDULE B – OPTIONAL

CLIN Section Supplies or Services Quantity and Unit Unit Price Amount

B-1 35 23 11 10-foot by 10-foot Slide Gates and Actuators – Optional

3 Each $ $

TOTAL FOR OPTIONAL PRICE SCHEDULE B $_________________

TOTAL FOR ALL PRICE SCHEDULES $_________________

Section C – Description/Specifications/ Statement of Work

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SECTION C – DESCRIPTION/SPECIFICATIONS/ STATEMENT OF WORK

C.1 SPECIFICATIONS

The Contractor shall furnish the necessary personnel, materials, equipment, services, and facilities (except as otherwise specified) to perform the requirement specified in the Specifications, and Drawings contained in Attachments 1 of this RFP.

Section C – Description/Specifications/ Statement of Work

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Section D – Packaging and Marking

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SECTION D – PACKAGING AND MARKING

(There is no additional information in this section)

Section D – Packaging and Marking

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Section E – Inspection and Acceptance

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SECTION E – INSPECTION AND ACCEPTANCE

E.1 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 the following address:

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

Clause Title Date 52.246-12 Inspection of Construction AUG 1996 https://www.acquisition.gov/browse/index/far

Section E – Inspection and Acceptance

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Section F – Deliveries or Performance

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Project Title

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SECTION F – DELIVERIES OR PERFORMANCE

F.1 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 the following address:

52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.236-15 Schedule for Construction Contracts APR 1984 52.242-14 Suspension of Work APR 1984

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND

COMPLETION OF WORK

APR 1984

The Contractor shall be required to (a) commence work under this contract within 14 calendar days after the date the Contractor receives the Notice to Proceed (NTP), (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 547 calendar days. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

F.3 52.211-11 LIQUIDATED DAMAGES-CONSTRUCTION SEP 2000

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $6,569.89 for each calendar day of delay until the work is completed or accepted.

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

(End of clause)

Section F – Deliveries or performance

Solicitation No.

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Project Title Brock Reservoir Gates Replacement h

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Section G – Contract Administration Data

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SECTION G – CONTRACT ADMINSTRATION DATA

G.1 WBR 1452.201-70 AUTHORITIES AND DELEGATIONS –

DEPARTMENT OF THE INTERIOR

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.

The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

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

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

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

G.2 DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT

REQUIREMENTS – INTERNET PAYMENT

PLATFORM (IPP)

FEB 2021

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

1. "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

https://www.ipp.gov/ https://www.ipp.gov/

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Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: None.

Prior to submitting an invoice to IPP, the contractor is strongly encouraged to coordinate with the designated Contracting Officer's Representative (COR), for review and verification of any measured quantities for payment and for compliance with the applicable progress payment requirements of this contract. Prior coordination with the COR will allow for streamlined processing of the invoice.

Prior to submitting an invoice to IPP, the contractor shall submit supporting documentation to the contract specialist at DLRodriguez@usbr.gov. Contractors are cautioned that supporting documentation e-mailed to the contracting specialist must not conflict with the IPP submission. Conflicts between the IPP submission and supporting documentation may result in a delay in approval and/or rejection of submitted invoices. Once invoice has been reviewed and approved, contractor will be notified to enter invoice into

IPP.

When e-mailing supporting documentation to the contracting officer, the subject line of the email shall be formatted as follows: Contract Number, Invoice Number, Contracting Officer's last name (e.g., 140R2018R00000_Invoice No. 1_Smith). The invoice shall be attached to the email and named using the following format: Contract Number, Contractor Name, Invoice Number, Invoice Amount (e.g., 140R2022R00000_World Test, Inc. - Inv. No. 1 - $5,678).

Invoices shall not include information that would compromise Personally Identifiable Information, such as full social security numbers, dates of birth, etc. The final invoice shall be submitted and will be approved in accordance with payment terms and conditions contained in the contract, after all, if any, settlement actions are complete. The contractor must clearly identify the last payment as the ‘Final Invoice’.

Support documents must include, but are not limited to, the following documents:

Construction Invoice Monthly Certificate of Labor Conformance Subcontractor / Supplier Payment Summary

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone

(866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause) mailto:IPPCustomerSupport@fiscal.treasury.gov

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G.3 WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE

AUTHORITIES AND LIMITATIONS - BUREAU OF

RECLAMATION

MAY 2018

a) Performance of the work under this contract shall be subject to the technical direction of the Reclamation Contracting Officer's Representative (COR). The term “technical direction” is defined to include, without limitation:

(1) Inspecting and accepting or rejecting work performed under the contract.

(2) Representing the Government in technical phases of the work. The COR is responsible for the technical administration of the contract and will provide instructions and interpretations to the Contractor on all technical matters relating to the contract. The COR will supervise or oversee all Government technical and administrative personnel assigned to assist the COR.

(3) Reviewing and, where required by the contract, approving submittals of technical data, shop drawings, samples, literature, plans, or other data required to be delivered by the Contractor to the Government.

(b) The Contractor will receive a copy of the written COR designation from the Contracting Officer. It will specify the extent of the COR's authority to act on behalf of the Contracting Officer.

(c) Technical direction must be within the scope of work stated in the contract. Only the Contracting Officer is authorized to determine if a change is within the scope of the contract; therefore, the COR does not have the authority to, and may not, issue any technical direction that -

(1) Constitutes a direction of additional work outside the Contract requirements;

(2) Constitutes a change as defined in the contract clause entitled “Changes;”

(3) In any manner causes an increase or decrease in the total contract cost, or the time required for contract performance;

(4) Changes any of the expressed terms, conditions or specifications of the contract; or

(5) Interferes with the Contractor's right to perform the terms and conditions of the contract.

(d) All technical direction shall be issued in writing by the COR.

(e) The Contractor must proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within its authority under the provisions of this clause.

If, in the opinion of the Contractor, any instruction or direction by the COR falls within one of the categories defined in (c)(1) through (c)(5) of this clause, the Contractor must not proceed and must notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and must request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer must -

(1) Advise the Contractor in writing after receipt of the Contractor's letter that the technical direction is within the scope of the contract effort and does not constitute a change under the Changes clause of the contract; or

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(2) Advise the Contractor that the Government will issue a written change order.

(f) A failure of the Contractor and Contracting Officer either to agree that the technical direction is within the scope of the contract or to agree upon the contract action to be taken with respect to the technical direction will be subject to the provisions of the clause entitled “Disputes.”

Section H – Special Contract Requirements

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 DOI-AAAP-0050 CONTRACTOR PERFORMANCE ASSESSMENT

REPORTING SYSTEM

DEC 2015

1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts.

The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a) Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

b) Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

c) All information provided should be reviewed for accuracy prior to submission.

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

6) The following guidelines apply concerning your use of the past performance evaluation:

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.cpars.gov/ https://www.cpars.csd.disa.mil/ https://www.cpars.gov/

Section H – Special

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a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of Local Clause)

H.2 WBR 1452.242-80 POSTAWARD CONFERENCE -- BUREAU OF

MAR 2022

(a) Prior to the contractor starting work, a postaward conference (as described in FAR Subpart 42.5), will be convened by the contracting activity or contract administration office. The contractor's project manager shall attend the conference. If the contract involves subcontractors, a representative of each major subcontractor is also required to attend.

(b) The conference will be held virtually via Microsoft Teams.

(c) The contracting officer and the contractor will agree to the date and time of the conference after award of the contract. In event of a conflict in schedules, the contracting officer shall establish the date for the conference.

(d) The contractor shall not be entitled to the reimbursement any costs associated with attendance at the conference beyond the agreed-to contract price.

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SECTION I – CONTRACT CLAUSES

I.1 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 the following address:

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 52.203-5 Covenant Against Contingent Fees JUN 2025 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 52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 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 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other 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

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 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

JUN 2020

52.215-12 Subcontractor Certified Cost or Pricing Data JUN 2020

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52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications JUN 2020 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and data Other Than

Certified Cost or Pricing Data-Modifications

NOV 2021

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

OCT 2022

52.219-8 Utilization of Small Business Concerns JAN 2025 52.219-9 Alt II Small Business Subcontracting Plan JAN 2025 52.219-16 Liquidated Damages-Subcontracting SEP 2021 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 JUL 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 52.222-27 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 52.222-50 Combating Trafficking in Persons OCT 2025 52.222-54 Employment Eligibility Verification JAN 2025 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 Hazardous Material Identification and Material Safety Data Alt I FEB 2021 52.223-23 Sustainable Products and Services MAY 2024 52.225-13 Restrictions on Certain 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 52.228-2 Additional Bond Security OCT 1997 52.228-11 Individual Surety - Pledge of Assets FEB 2021 52.228-12 Prospective Subcontractor Request for Bonds DEC 2022 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds--Construction JUN 2020 52.228-17 Individual Surety—Pledge of Assets (Bid Guarantee) FEB 2021 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

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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 Alt I Disputes (May 2014) - Alternate I (Dec 1991) 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 52.236-9 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 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Alt I Specifications and Drawings for Construction – Alternate I (APR 1984) FEB 1997 52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984 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 OCT 2025 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering--Construction OCT 2025 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price)

(Apr 2012) - Alternate I (Sep 1996)

APR 2012

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991

I.2 52.203-14 DISPLAY OF HOTLINE POSTER(S) NOV 2021

(a) Definition.

United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)—

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites—

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

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(3) Any required posters may be obtained as follows:

U.S Department of the Interior Office of Inspector General Downloadable hotline posters are available at Hotline Poster for print (doioig.gov)

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold specified in Federal Acquisition Regulation 3.1004(b)(1) on the date of subcontract award, except when the subcontract—

(1) Is for the acquisition of a commercial product or commercial service; or

(2) Is performed entirely outside the United States.

I.3 52.225-11

Alt I

BUY AMERICAN ACT-CONTRUCTION MATERIALS

UNDER TRADE AGREEMENTS (NOV 2023)

NOV 2023

(a) Definitions. As used in this clause- "Bahraini, Mexican, or Omani construction material" means a construction material that-

(1) Is wholly the growth, product, or manufacture of Bahrain, Mexico, or Oman; 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 Bahrain, Mexico, or Oman into a new and different construction material distinct from the materials from which it was transformed.

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);

(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— https://www.doioig.gov/sites/default/files/media/document/2022-07/Hotline%20Poster%20for%20print_FINAL508.pdf

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(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, 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, Canada, 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

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Page I-6 the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together.

Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

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

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

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.

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 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and all the Free Trade Agreements except the Bahrain FTA, United States-Mexico-Canada Agreement, and the Oman FTA apply to this acquisition.

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