140R6021R0029_Amendment_0002_0002.pdf

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EC - EAST PORTAL DAM SPILLWAY REPAIR
Solicitation number
140R6021R0029
Issued by

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This solicitation is for a construction project to repair the spillway concrete at the East Portal Diversion Dam on the Colorado-Big Thompson Project in Colorado. The Bureau of Reclamation is seeking offers for work including concrete forming, reinforcing, grouted anchor bars, cast-in-place concrete, concrete removal, rubber flap gates, seeding, and as-built drawings. The small business set-aside contract has an estimated award date of October 29, 2021. Offerors must include performance and payment bonds, insurance documentation, and acknowledge any amendments by the stated deadline. The work is expected to be completed within the timelines defined in the contract clauses regarding commencement, prosecution, and completion of work.

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140R6021R0029 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

R60

09/23/20210002

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

Bureau of Reclamation Missouri Basin Region Regional Office PO Box 36900 Billings MT 59107

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

09/20/2021

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.)

East Portal Diversion Dam, Spillway Concrete Repair, Colorado Big-Thompson Project, Colorado

See the attached for the incorporated changes:

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)

Linda Melnick

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 .

Amendment No. 0002 Solicitation No. 140R6021R0029

Description of Changes:

1. Remove Table of Contents in its entirety and substitute therefor the attached Revised Table of Contents.

2. In Part I – The Schedule, remove Specification Section 01 31 19 – Project Management and Coordination in its entirety.

3. In Part I – The Schedule, remove Specification Section 01 33 00 – Submittals in its entirety and substitute therefor the attached Revised Section 01 33 00.

4. In Part II – Contract Clauses, remove Section I – Contract Clauses in its entirety and substitute therefor the attached Revised Section I.

For convenience, essential changes on the revised solicitation pages are indicated by a vertical line within the margin, whereby the lines or paragraphs are changed from the previous version.

However, all portions of the revised solicitation pages shall apply whether changes thereon have been indicated or not.

Acknowledgement: See Block 11 on the Standard Form 30 regarding acknowledgement by offerors to this amendment. The Government requires acknowledgment by offerors to this amendment at the place designated for receipt of proposals. (Please see Block 19 on the Standard Form 1442.)

Receipt of Proposals: The hour and date for receipt of proposals remains the same; 2:00 PM MDT on October 29, 2021.

Third Party: If you have provided a copy of this solicitation to another company or individual, please forward this amendment accordingly.

Table of Contents - 1 (Revised)

TABLE OF CONTENTS

PART I – THE SCHEDULE

SECTION A -- SOLICITATION, OFFER, AND AWARD, STANDARD FORM 1442

SECTION B -- PRICE SCHEDULE

SECTION C -- DESCRIPTION / SPECIFICATIONS

DIVISION 01 – GENERAL REQUIREMENTS

01 11 00 Summary of Work 01 14 10 Use of Site 01 14 12 Work Restrictions 01 31 19 Deleted 01 32 20 Construction Program 01 33 00 Submittals 01 35 10 Safety Data Sheets 01 35 20 Safety and Health 01 35 30 Contractor’s On-site Safety and Health Personnel 01 42 10 Reference Standards 01 46 00 Quality Procedures 01 46 20 Testing Agency Services 01 51 00 Temporary Utilities 01 55 00 Vehicular Access and Parking 01 56 10 Protection of Existing Installations 01 56 15 Protection of Existing Utilities 01 57 20 Environmental Controls 01 57 30 Water Pollution Control 01 57 50 Tree and Plant Protection 01 60 00 Product Requirements 01 74 00 Cleaning and Waste Management 01 78 30 Project Record Documents

DIVISION 02 – EXISTING CONDITIONS

02 70 10 Removal and Control of Water

DIVISION 03 – CONCRETE

03 11 10 Concrete Forming 03 20 00 Concrete Reinforcing 03 20 30 Grouted Anchor Bars 03 30 00 Cast-In-Place Concrete 03 81 10 Concrete Removal

Table of Contents - 2 (Revised)

DIVISION 07 – THERMAL AND MOISTURE PROTECTION

07 25 00 Rubber Flap Gates

DIVISION 32 – EXTERIOR IMPROVEMENTS

32 92 20 Seeding and Soil Supplements

DIVISION 51 – INFORMATION AVAILABLE TO OFFERORS

51 00 00 Information Available to Offerors 51 00 01 Weather and Climate Information 51 00 02 Photographs 51 03 30 Concrete Test Results

DIVISION 52 – DRAWINGS

52 00 00 Drawings

SECTION D -- NOT USED

SECTION E -- INSPECTION AND ACCEPTANCE

E.1 52.236-5 Material and Workmanship........................................................ E-1 E.2 52.246-12 Inspection of Construction ......................................................... E-1 E.3 52.246-21 Warranty of Construction .......................................................... E-3

SECTION F – DELIVERIES OR PERFORMANCE

F.1 52.211-10 Commencement, Prosecution, and Completion of Work .......... F-1 F.2 52.211-12 Liquidated Damages - Construction .......................................... F-1 F.3 52.211-13 Time Extensions ......................................................................... F-1 F.4 52.211-18 Variation in Estimated Quantity ................................................ F-1 F.5 52.242-14 Suspension of Work ................................................................... F-2

SECTION G -- CONTRACT ADMINISTRATION DATA

G.1 1452.201-70 Authorities and Delegations ....................................................... G-1 G.2 WBR 1452.201-80 Contracting Officer’s Representative’s Authorities and Limitations .......................................................................... G-2

G.3 DOI-AAAP-0028 Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) .......................................................... G-3

SECTION H -- SPECIAL CONTRACT REQUIREMENTS–

H.1 MB-1 Schedule of Values .................................................................... H-1 H.2 MB-2 Payment for Technical Data ....................................................... H-1

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1 52.252-2 Clauses Incorporated by Reference ........................................... I-1 I.2 52.204-21 Basic Safeguarding of Covered Contractor Information Systems ...................................................................................... I-3

Table of Contents - 3 (Revised)

I.3 52.215-8 Order of Precedence -- Uniform Contract Format ..................... I-5 I.4 52.219-6 Notice of Total Small Business Set-Aside ................................. I-6 I.5 52.219-14 Limitations on Subcontracting ................................................... I-6 I.6 52.219-28 Post-Award Small Business Program Rerepresentation ............ I-8 I.7 52.222-23 Notice or Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction ..................... I-12 I.8 52.223-3 ALT I Hazardous Material Identification and Material Safety Data – Alternate I ............................................................ I-13 I.9 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items ............................................................... I-15 I.10 52.225-9 Buy American–Construction Materials ..................................... I-15 I.11 52.228-2 Additional Bond Security .......................................................... I-19 I.12 52.228-15 Performance and Payment Bonds – Construction ..................... I-20 I.13 52.232-5 Payments Under Fixed-Price Construction Contracts ............... I-21 I.14 52.232-27 Prompt Payment for Construction Contracts ............................. I-24 I.15 52.232-40 Providing Accelerated Payments to Small Business Subcontractors ............................................................................ I-32 I.16 52.236-2 Differing Site Conditions ........................................................... I-32 I.17 52.236-13 Accident Prevention ................................................................... I-33 I.18 52.236-21 ALT II Specifications and Drawings for Construction – Alternate II .... I-34 I.19 52.243-4 Changes ...................................................................................... I-35 I.20 52.252-6 Authorized Deviations in Clauses .............................................. I-36 I.21 1452.203-70 Restriction on Endorsements--Department of the Interior ......... I-36 I.22 1452.204-70 Release of Claims--Department of the Interior .......................... I-36 I.23 WBR 1452.209-82 Prohibition on Release of Information – Bureau of Reclamation ............................................................................... I-36 I.24 1452.215-70 Examination of Records by the Department of the Interior ....... I-37 I.25 WBR 1452.215-87 Incorporation of Technical Proposal .......................................... I-37 I.26 WBR 1452.223-80 Asbestos-Free Warranty............................................................. I-37 I.27 WBR 1452.223-81 Safety and Health -- Bureau of Reclamation ............................. I-38 I.28 WBR 1452.223-82 Protecting Federal Employees and the Public from Exposure to Tobacco Smoke in the Federal Workplace -- Bureau of Reclamation ........................................................... I-39 I.29 1452.228-70 Liability Insurance – Department of the Interior ....................... I-39 I.30 WBR 1452.228-84 Certification or Representatives for Corporate Sureties -- Bureau of Reclamation .............................................................. I-40 I.31 WBR 1452.231-81 Equipment Ownership and Operating Expense -- Bureau Of Reclamation .......................................................................... I-40 I.32 WBR 1452.232-81 Payment for Mobilization and Preparatory Work ALT I Alternative I ............................................................................... I-42 I.33 WBR 1452.232-82 Other Invoice Requirements ...................................................... I-44 I.34 WBR 1452.233-81 Claims Accounting -- Bureau of Reclamation ........................... I-44 I.35 WBR 1452.236-8 Other Contracts (APR 1984) (Deviation) .................................. I-44 I.36 WBR 1452.236-84 Preservation of Cultural Resources -- Bureau of Reclamation .. I-45 I.37 WBR 1452.237-80 Security Requirements -- Bureau of Reclamation ..................... I-47 I.38 WBR 1452.243-80 Modification Proposals – Alternative IV -- Bureau of ALT IV Reclamation ............................................................................... I-55

Table of Contents - 4 (Revised)

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

SECTION J – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

Attachment No. 1 ............General Decision Number CO20210002, Modification 2, July 23, 2021 Attachment No. 2 ………………..................................................... Standard Form 24 - Bid Bond Attachment No. 3 ………………………….Limitations of Subcontracting Percentage Worksheet

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K -- REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

K.1 52.204-8 Annual Representations and Certifications ...............................K-1 K.2 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment ..............................K-5 K.3 52.209-7 Information Regarding Responsibility Matters ........................K-8 K.4 52.209-13 Violation of Arms Control Treaties or Agreements- Certification ..............................................................................K-9

SECTION L -- INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L.1 52.204-7 System for Award Management ...............................................L-1 L.2 52.204-16 Commercial and Government Entity Code Reporting ..............L-2 L.3 52.204-22 Alternative Line Item Proposal .................................................L-4 L.4 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 ..............................................L-4 L.5 52.211-2 Availability of Specifications, Standards and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST) ........................L-5 L.6 52.211-6 Brand Name or Equal ................................................................L-5 L.7 52.214-34 Submission of Offers in the English Language ........................L-6 L.8 52.214-35 Submission of Offers in U.S. Currency ....................................L-6 L.9 52.215-1 Instructions to Offerors – Competitive Acquisition ..................L-6 L.10 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data ...............................L-11 L.11 52.216-1 Type of Contract .......................................................................L-12 L.12 52.222-5 Construction Wage Rate Requirements – Secondary Site of the Work ........................................................................L-12 L.13 52.225-10 Buy American - Construction Materials ...................................L-12 L.14 52.228-1 Bid Guarantee ...........................................................................L-13 L.15 52.228-17 Individual Surety – Pledge of Assets (Bid Guarantee) .............L-14 L.16 1452.233-2 Service of Protest – Department of the Interior (Deviation) .....L-14 L.17 52.236-27 ALT I Site Visit (Construction) – Alternate I ......................................L-15 L.18 52.236-28 Preparation of Proposals – Construction...................................L-15 L.19 52.252-1 Solicitation Provisions Incorporated by Reference ...................L-16 L.20 52.252-5 Authorized Deviations in Provisions ........................................L-16 L.21 1452.215-71 Use and Disclosure of Proposal Information

Table of Contents - 5 (Revised)

Department of the Interior ........................................................L-16 L.22 WBR 1452.215-81 Proposal Instructions – Bureau of Reclamation ........................L-18 L.23 WBR 1452.215-86 Intent to Incorporate Technical Proposal ..................................L-22 L.24 WBR 1452.233-82 Notice of Proposed Partnering – Bureau of Reclamation .........L-23 L.25 WBR 1452.236-86 Instruction for Mobilization and Preparatory Work Schedule Line Item – Multiple Schedules ................................L-23

SECTION M -- EVALUATION FACTORS FOR AWARD

M.1 WBR 1452.215-80 Source Selection Evaluation Procedures – Bureau Of Reclamation ..............................................................................M-1 M.2 WBR 1452.215-82 Evaluation Factors for Award – Quality Predominance ...........M-1 M.3 WBR 1452.225-82 Notice of World Trade Organization Government Procurement Agreement Evaluations – Bureau of Reclamation ....................M-5

END OF CONTENTS

East Portal Diversion Dam Amendment No. 0002 Spillway Concrete Repair Specification No. 60-C0660

Submittals Revised 01 33 00 - 1

SECTION 01 33 00

SUBMITTALS

PART 1 GENERAL

1.01 MEASUREMENT AND PAYMENT

A. Cost:

1. Include in prices offered in the Price Schedule for other items of work.

1.02 REFERENCE STANDARDS

A. American Society of Mechanical Engineers (ASME)

1. ASME Y14.1-12 Decimal Inch Drawing Sheet Size and Format

B. National Institute of Building Sciences (NIBS)

1. NIBS NCS-14 United States National CAD Standards, Version 6

1.03 DEFINITIONS

A. Days: Calendar days.

B. Required Submittal Number (RSN): Identifies items to be submitted together as a complete submittal.

C. Submittals: Considered “shop drawings” within the terms of the clause at FAR 52.236- 21, Specifications and Drawings for Construction.

1.04 SUBMITTAL REQUIREMENTS

A. In case of conflict between requirements of this section and requirements included elsewhere in these specifications, requirements included in this section take precedence.

B. General:

1. Prepare in English.

2. Label with contract number and title, and RSN.

3. Measurement Units: US Customary Units.

C. Drawings:

1. Minimum Identification in Title Block:

a. Contract number and title.

b. Contractor’s or supplier’s title and drawing number.

Submittals Revised 01 33 00 - 2

c. Date.

2. Reserve 3- by 3-inch space next to title block for review stamps.

3. Size: ANSI D size (22 inches by 34 inches).

4. Draw to scale using computer drafting.

a. In accordance with NIBS NCS.

b. Electronic file format: Compatible with AutoCAD, Version 2018 or later.

c. Compile using “eTransmit” utility in AutoCAD.

d. Government will provide electronic AutoCAD format template.

e. Title block and sheet format:

1) As shown on standard drawing 40-D-7102.

2) Government will supply template.

3) Government will supply specific title block information to be used.

f. Show as-built changes, including revision dates, made during installation.

Indicate changes by clouding.

D. Product Data:

1. Mark manufacturer's data for commercial products or equipment, such as catalog cut sheets.

a. Identify manufacturer's name, type, model, size, and characteristics.

b. Illustrate that product or equipment meets requirements of specifications.

c. Mark items to be furnished in a manner that will photocopy (no highlighter).

d. Strike through items that do not apply.

E. Certifications:

1. Certifications by a registered professional: Signed and sealed by registered professional.

2. Manufacturer’s certifications: Signed by authorized representative of manufacturer.

F. Photographs:

1. Professional quality, 8 inches by 10 inches, color, for each listed view.

a. Include contract number, name of equipment, and view title.

b. Include digital files in .jpeg or similar format.

G. Videos:

1. Include digital file in MP4 format.

Submittals Revised 01 33 00 - 3

2. Submit on thumbdrive.

1.05 SUBMITTALS PROCEDURES

A. Submit only checked submittals. Submittals without evidence of Contractor's approval will be returned for resubmission.

B. Submit complete sets of required materials for each RSN as specified in “Submittals Required” column in Table 01 33 00A - List of Submittals. A complete set includes all listed items for RSNs with multiple parts.

C. Submit number of sets specified in “No. of sets to be sent:” columns in Table 01 33 00A - List of Submittals.

1. Electronic submittals:

a. In Portable Document Format (PDF).

1) Optical Character Recognition (OCR).

2) 508 compliant.

3) RSNs having more than one requirement shall be bookmarked.

4) RSNs with requirements for files other than PDF (e.g. .XER, .PLF, .DWGs, etc.) shall be combined using WINZip.

b. Include RSN transmittal letter.

c. Personally Identifiable Information (PII) shall be encrypted using WINZip or Adobe Acrobat before transmitting electronically.

2. Submit electronic submittals via e-mail or thumb drive based on size:

a. The Government can receive e-mails up to 25 MB. However, e-mails over 10 MB should be considered extra-large. E-mailing of electronic submittals exceeding 10 MB should only occur after transmittal of extra-large size e-mail has been verified.

b. Address e-mail of electronic submittals less than extra-large size to:

1) Address to be determined upon notice to proceed.

c. Electronic submittals that are too large to e-mail shall be submitted on thumb drive.

d. Submittals received after 5:00 p.m. Mountain Time, shall be documented as received the next business day.

D. Include the following information in transmittal letters:

1. Contract number and title.

2. RSN for each attached submittal.

3. Responsible code.

Submittals Revised 01 33 00 - 4

4. Number of sets for each RSN.

5. Identify submittal as initial or resubmittal.

E. Resubmittal of submittals not approved:

1. Mark changes such that they are readily identifiable and show revision date.

a. Resubmitted drawings shall include a revision block with date.

2. Describe reasons for significant changes in transmittal letter.

3. Resubmit returned submittals within 7 days after receiving comments, unless otherwise directed.

4. Requirements for initial submittals apply to resubmittals.

5. Resubmittals shall be complete submittals without reference to the original submittal.

F. Submit each RSN under a separate transmittal letter. Multiple RSNs submitted under a single letter will be returned for resubmittal.

1.06 REVIEW OF SUBMITTALS

A. Time Required:

1. Submittal review will require 28 days for review of each submittal or resubmittal, unless otherwise specified.

2. Time required for review of each submittal or resubmittal begins when complete sets of materials required for a particular RSN are received and extends through return email date.

B. Time in Excess of Specified:

1. CO may extend contract completion date to allow additional time for completing work affected by excess review time.

a. Time extension will be to extent that excess review time caused delay to contract completion date.

b. Time extension will not exceed time used in excess of specified number of days for review of submittals or resubmittals.

c. Concurrent days of excess review time resulting from review of 2 or more separate submittals or resubmittals will be counted only once in extending contract completion date.

2. No time extension will be allowed if Contractor fails to make complete action submittals in sequence and within time periods specified.

3. Adjustment for delay will be made only to extent that:

a. Approval was required under contract, and

Submittals Revised 01 33 00 - 5

b. Requests for approval were properly and timely submitted and were approved.

4. Adjustment will be subject to terms of paragraphs (b) and (c) of the clause at FAR 52.242-14, Suspension of Work; however, no such delay shall be deemed to be a “suspension order” as the term is used in that clause.

C. Submittal Response:

1. Response letter will indicate whether submittal is approved, not approved, acceptable, not acceptable, or acknowledged receipt.

a. Revise and resubmit submittals not approved or not acceptable.

b. Do not change designs without approval of CO after drawings, documentation, and technical data have been approved.

1.07 TRANSMITTAL

A. Addresses for codes receiving paper copy submittals listed in Table 01 33 00A - List of Submittals:

1. CO: Bureau of Reclamation, Attention GP-5000, P.O. Box 36900, Billings, MT

59107-6900. Physical address: 2021 4th Avenue North, Billings, MT 59101.

2. COR: Bureau of Reclamation, Attention: EC-1800, 11056 West County Road

18E, Loveland, CO 80537-9711.

B. E-mail address for electronic submittals listed in Table 01 33 00A - List of Submittals: to be determined upon notice to proceed.

1. Submit electronic submittals that are too large for e-mail to the physical address above.

C. Submittals required by specifications, but not listed in Table 01 33 00A - List of Submittals:

1. Submit in accordance with this section.

2. Submit to COR unless otherwise specified.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

Submittals Revised 01 33 00 - 6

Table 01 33 00A. – List of Submittals *CO indicates Contracting Officer and COR indicates Contracting Officer’s Representative

RSN

Clause or

Section Title

Submittals required Due date or delivery time

Respon-sible code

Sets to be sent:*

CO COR

1 Performance and Payment Bonds - Construction 52.228-15

Performance and Payment Bonds

Within 10 calendar days after award

CO 1 electronic 0

2 Additional Bond Security 52.228-

Additional Bond Security Within 10 calendar days after award

CO 1 electronic

3 Insurance-Work on a Government Installation 1452.228-70

1) Written certification that the required insurance has been obtained

2) Current certification of insurance for each subcontractor

Before commencing on-site work

CO 1 electronic

1 electronic

4 Liability Insurance 1452.228-70

Acceptable Certificate of Liability Insurance

Prior to commencement of work under the contract

CO 1 electronic 0

5 Equal Opportunity 52.222-26

Information required by Executive Order 112246

(SF-100)

Within 30 days following award

CO 1 electronic 0

6 Reporting Executive Compensation and First Tier Subcontract Awards 52.204-

Certification that executive compensation and subcontract awards were reported

Within 10 days of each report being submitted

CO 1 electronic 0

7 Release of Claims 1452.204-70

Release of Claims (DI-

137) against the Government

After completion of the work and prior to final payment

CO 1 electronic 0

8 Personal Identity Verification 52.204-09

SF-85 and OF-306 for each employee and subcontractor employee working on site

Within 10 days after receipt of Notice to Proceed or 10 days before commenting work (for new hire)

CO 1 electronic 0

9 Labor Standards Data 52.222-11

1) List of subcontractors Within 14 days after award of contract

COR 1 electronic 1 electronic

10 Labor Standards Data 52.222-11

Statement and acknowledgement Form (SF-1413) for each subcontract

Within 14 days after award of contract

COR 1 electronic 1 electronic

11 Payrolls and Basic Records 52.222-08

Copies of all payrolls Weekly for each week of contract performance

COR 1 electronic encrypted

1 electronic encrypted

Submittals Revised 01 33 00 - 7

Table 01 33 00A. – List of Submittals *CO indicates Contracting Officer and COR indicates Contracting Officer’s Representative

RSN

Clause or

Section Title

Submittals required Due date or delivery time

Respon-sible code

Sets to be sent:*

CO COR

12 Site Security

WBR 1452.237-

List of contractor and subcontractor employees

At least 28 days prior to arriving at worksite

COR 0 1 electronic encrypted

13 Site Security

WBR 1452.237-

List of vehicles and equipment to be brought on site

At least 28 days prior to arriving at worksite

COR 0 1 electronic encrypted

14 Superintendence by the Contractor

Site superintendent Submitted and approved at least 28 days prior to mobilization

CO 1 electronic 1 electronic

15 Statement of Values MB-1

Required for lump-sum items in the Bid Schedule

Submitted and approved before any payment other than bonds and insurance

CO 1 electronic 1 electronic

Division 1 - General 01 14 10-1 Use of Site Land Use and Landscape

Rehabilitation Plan Submitted and approved at least 28 days before mobilization

COR 0 1 electronic

01 31 19-1 Deleted

01 32 20-1 Construction Program

Baseline Schedule Submitted and approved at least 28 days before mobilization

COR 1 electronic 1 electronic

01 32 20-2 Construction Program

Updated Schedule Monthly COR 1 electronic 1 electronic

01 35 10-1 Safety Data Sheets

Complete LHM and SDS Submitted and approved at least 28 days before mobilization

COR 0 1 electronic

01 35 10-2 Safety Data Sheets

Updated LHM and SDS Submitted and approved at least 28 days before jobsite delivery of hazardous material not previously listed

COR 0 1 electronic

01 35 20-1 Safety and Health

Safety and Health Program

Submitted and accepted at least 28 days before mobilization

COR 0 1 electronic

01 35 20-2 Safety and Health

Monthly Accident Summary Report

Monthly COR 0 1 electronic

01 35 20-3 Safety and Health

Respirator User Documentation

Submitted and accepted at least 28 days before mobilization

COR 0 1 electronic encrypted

01 35 20-4 Safety and Health

Crane Operation Certificates (if applicable)

Submitted and accepted at least 28 days before mobilization

COR 0 1 electronic

Submittals Revised 01 33 00 - 8

Table 01 33 00A. – List of Submittals *CO indicates Contracting Officer and COR indicates Contracting Officer’s Representative

RSN

Clause or

Section Title

Submittals required Due date or delivery time

Respon-sible code

Sets to be sent:*

CO COR

01 35 20-5 Safety and Health

Exposure Assessment Form (if applicable)

Submitted and accepted at least 28 days before mobilization

COR 0 1 electronic

01 35 20-6 Safety and Health

Other Training Certificates

Submitted and accepted at least 28 days before mobilization

COR 0 1 electronic

01 35 30-1 Contractor’s On-site Safety and Health Personnel

Qualifications Submitted and accepted at least 28 days before mobilization

COR 0 1 electronic encrypted

01 35 30-2 Deleted 01 35 30-2 Contractor’s On-site Safety and Health Personnel

Safety Inspection Reports Weekly COR 0 1 electronic

01 46 00-1 Quality Procedures

Contractor’s Quality Control Program

Submitted and approved at least 28 days before mobilization

COR 0 1 electronic

01 46 00-2 Quality Procedures

Contractor’s Daily Reports

Weekly COR 0 1 electronic

01 46 00-3 Quality Procedures

Quality Control Supervisor Resume

Submitted and approved at least 28 days before mobilization

COR 0 1 electronic encrypted

01 46 00-4 Quality Procedures

Contractor’s Quality Testing Plan

Submitted and approved at least 28 days before mobilization

COR 0 1 electronic

01 46 00-5 Quality Procedures

Summary of Test Results Monthly COR 0 1 electronic

01 46 20-1 Testing Agency Services

Testing Agency Services Plan

Submitted and approved at least 28 days before mobilization

COR 0 1 electronic

01 55 00-1 Vehicular Access and Parking

Haul Routes and Parking Plans

Submitted and approved at least 28 days before mobilization

COR 0 1 electronic

01 57 30-1 Water Pollution Control

Water Quality Management Plan

Submitted and approved at least 28 days before mobilization

COR 0 1 electronic

01 74 00-1 Cleaning and Waste Management

Waste Production and Disposal Plan

Submitted and approved at least 28 days before mobilization

COR 0 1 electronic

01 74 00-2 Cleaning and Waste Management

Waste Production and Disposal Records

Within 7 days of waste disposal

COR 0 1 electronic

01 74 00-3 Cleaning and Waste Management

Environmental Consultant Resume (if required)

Submitted and approved at least 28 days before mobilization encrypted

Submittals Revised 01 33 00 - 9

Table 01 33 00A. – List of Submittals *CO indicates Contracting Officer and COR indicates Contracting Officer’s Representative

RSN

Clause or

Section Title

Submittals required Due date or delivery time

Respon-sible code

Sets to be sent:*

CO COR

01 74 00-4 Cleaning and Waste Management

Environmental Site Assessment (if required)

Within 14 days of completion of work

COR 0 1 electronic

01 78 30-1 Project Record Documents

Final As-Built Drawings Within 28 days of completion of work

COR 0 1 electronic

Division 2 – Existing Conditions 02 70 10-1 Removal and

Control of Water Removal and Control of Water Plan

Submitted and approved at least 28 days before mobilization

COR 0 1 electronic

Division 3 – Concrete 03 11 10-1 Concrete

Forming Formwork Drawings Submitted and approved at least 28 days before mobilization

COR 0 1 electronic

03 20 00-1 Concrete Reinforcing

Reinforcement Diagrams and Lists

Submitted and approved at least 28 days before mobilization

COR 0 1 electronic

03 20 30-1 Grouted Anchor Bars

Qualifications Submitted and approved at least 28 days before mobilization

COR 0 1 electronic

03 20 30-2 Grouted Anchor Bars

Approval Data Submitted and approved at least 28 days before mobilization

COR 0 1 electronic

03 20 30-3 Grouted Anchor Bars

Instructions Submitted and approved at least 28 days before mobilization

COR 0 1 electronic

03 30 00-1 Cast-In-Place Concrete

Approval Data Submitted and approved at least 28 days before mobilization

COR 0 1 electronic

03 30 00-2 Cast-In-Place Concrete

Concrete Placement Schedule

Submitted and approved at least 28 days before mobilization

COR 0 1 electronic

03 30 00-3 Cast-In-Place Concrete

Certifications Submitted and approved at least 28 days before mobilization

COR 0 1 electronic

03 30 00-4 Cast-In-Place Concrete

Test Reports Within 24 hours after completion of tests

COR 0 1 electronic

03 81 10-1 Concrete Removal

Concrete Removal Plan Submitted and approved at least 28 days before mobilization

COR 0 1 electronic

Division 7 – Thermal and Moisture Protection 07 25 00-1 Rubber Flaps Product Data Submitted and approved at least 28 days before mobilization

Submittals

Revised 01 33 00 - 10

Table 01 33 00A. – List of Submittals *CO indicates Contracting Officer and COR indicates Contracting Officer’s Representative

RSN

Clause or

Section Title

Submittals required Due date or delivery time

Respon-sible code

Sets to be sent:*

CO COR

07 25 00-2 Rubber Flaps Installation Plan and Detail Drawings

Submitted and approved at least 28 days before mobilization

COR 0 1 electronic

Division 32 – Exterior Improvements 32 92 20-1 Seeding and Soil

Supplements Seeding Plan Submitted and approved at least 28 days prior to seeding

COR 0 1 electronic

32 92 20-2 Seeding and Soil Supplements

Certifications Submitted and approved at least 28 days prior to seeding

END OF SECTION

East Portal Diversion Dam Spillway Concrete Repair Amendment No. 0002 Colorado-Big Thompson Project, Colorado Solicitation 140R6021R0029

I - 1 (Revised)

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 addresses:

FAR Clauses - https://www.acquisition.gov/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

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST JUN 2020

52.203-17

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS

JUN 2020

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS JAN 2017

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER MAY 2011

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS JUN 2020

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (SAM) OCT 2018

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

JUL 2018

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT

AUG 2020

52.209-6

PROTECTING THE GOVERNMENT’S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,

OR PROPOSED FOR DEBARMENT

JUN 2020

https://www.acquisition.gov/far/

I - 2 (Revised)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS NOV 2015

52.211-5 MATERIAL REQUIREMENTS AUG 2020

52.215-2 AUDIT AND RECORDS – NEGOTIATION JUN 2020

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT 2018

52.222-3 CONVICT LABOR JUN 2003

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS -- OVERTIME

COMPENSATION MAR 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

52.222-21 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

52.222-50 COMBATING TRAFFICKING IN PERSONS OCT 2020

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION OCT 2015

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 NOV 2020

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 JAN 2017

52.223-2 AFFIRMATIVE PROCUREMENT OF BIO-BASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS SEP 2013

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION MAY 2011

52.223-6 DRUG-FREE WORKPLACE MAY 2001

52.223-10 WASTE REDUCTION PROGRAM MAY 2011

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN

SERVICE AND CONSTRUCTION CONTRACTS AUG 2018

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING JUN 2020

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES FEB 2021

52.227-1 AUTHORIZATION AND CONSENT JUN 2020

I - 3 (Revised)

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT JUN 2020

52.227-4 PATENT INDEMNITY-CONSTRUCTION CONTRACTS DEC 2007

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 MAY 2014

52.228-14 IRREVOCABLE LETTER OF CREDIT NOV 2014

52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB 2013

52.232-17 INTEREST MAY 2014

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-23 ASSIGNMENT OF CLAIMS MAY 2014

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-- SYSTEM FOR

AWARD MANAGEMENT OCT 2018

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013

52.233-1 A1 DISPUTES - ALTERNATE I MAY 2014

52.233-3 PROTESTS AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK 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

52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995

52.242-13 BANKRUPTCY JUL 1995

52.243-6 CHANGE ORDER ACCOUNTING APR 1984

52.244-2 SUBCONTRACTS JUN 2020

52.248-3 VALUE ENGINEERING–CONSTRUCTION OCT 2020

52.249-2 A1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-

PRICE) - ALTERNATE I APR 2012

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) APR 1984

52.253-1 COMPUTER GENERATED FORMS JAN 1991

I.2 52.204- 21 BASIC SAFEGUARDING OF COVERED

CONTRACTOR INFORMATION SYSTEMS

JUN 2016

(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

I - 4 (Revised)

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).

(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.

https://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

I - 5 (Revised)

(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 commercial items, 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.

I.3 52.215-8 ORDER OF PRECEDENCE -- UNIFORM CONTRACT

FORMAT

OCT 1997

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications.

I - 6 (Revised)

I.4 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE NOV 2020

(a) Definition. Small business concern, as used in this clause—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability. This clause applies only to-

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

I.5 52.219-14 LIMITATIONS ON SUBCONTRACTING SEP 2021

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that –

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(3) Deleted https://www.acquisition.gov/far/8.405-5#FAR_8_405_5 https://www.acquisition.gov/far/16.505#FAR_16_505

I - 7 (Revised)

(4) Deleted

(c) Applicability. This clause applies only to –

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are –

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directed to small business concerns under multiple-award contracts as described in 19.504(c)(1)(iii);

(5) Orders, regardless of dollar value, that are –

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(iii);

and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract

I - 8 (Revised) includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded.

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly…

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