140R6021R0029_Amendment_0004_0004.pdf

(x)

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

10/26/2021

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. 0004 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 the SF 1442 – Solicitation, Offer, and Award, in its entirety and substitute therefor the attached Revised SF 1442.

3. 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 proposal is extended to 2:00 PM MDT on November 5, 2021.

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

Questions: The list of contractor questions and their respective Government answers are attached for information only.

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

1.10 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal .

Contractors (Deviation) ............................................................ I-15 I.11 52.225-9 Buy American–Construction Materials ..................................... I-16 I.12 52.228-2 Additional Bond Security .......................................................... I-20 I.13 52.228-15 Performance and Payment Bonds – Construction ..................... I-20 I.14 52.232-5 Payments Under Fixed-Price Construction Contracts ............... I-21 I.15 52.232-27 Prompt Payment for Construction Contracts ............................. I-24 I.16 52.232-40 Providing Accelerated Payments to Small Business Subcontractors ............................................................................ I-33 I.17 52.236-2 Differing Site Conditions ........................................................... I-33 I.18 52.236-13 Accident Prevention ................................................................... I-34 I.19 52.236-21 ALT II Specifications and Drawings for Construction – Alternate II .... I-35 I.20 52.243-4 Changes ...................................................................................... I-36 I.21 52.252-6 Authorized Deviations in Clauses .............................................. I-37 I.22 1452.203-70 Restriction on Endorsements--Department of the Interior ......... I-37 I.23 1452.204-70 Release of Claims--Department of the Interior .......................... I-37 I.24 WBR 1452.209-82 Prohibition on Release of Information – Bureau of Reclamation ............................................................................... I-37 I.25 1452.215-70 Examination of Records by the Department of the Interior ....... I-38 I.26 WBR 1452.215-87 Incorporation of Technical Proposal .......................................... I-38 I.27 WBR 1452.223-80 Asbestos-Free Warranty............................................................. I-38 I.28 WBR 1452.223-81 Safety and Health -- Bureau of Reclamation ............................. I-38 I.29 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.30 1452.228-70 Liability Insurance – Department of the Interior ....................... I-40 I.31 WBR 1452.228-84 Certification or Representatives for Corporate Sureties -- Bureau of Reclamation .............................................................. I-40 I.32 WBR 1452.231-81 Equipment Ownership and Operating Expense -- Bureau Of Reclamation .......................................................................... I-41 I.33 WBR 1452.232-81 Payment for Mobilization and Preparatory Work ALT I Alternative I ............................................................................... I-43 I.34 WBR 1452.232-82 Other Invoice Requirements ...................................................... I-45 I.35 WBR 1452.233-81 Claims Accounting -- Bureau of Reclamation ........................... I-45 I.36 WBR 1452.236-8 Other Contracts (APR 1984) (Deviation) .................................. I-45 I.37 WBR 1452.236-84 Preservation of Cultural Resources -- Bureau of Reclamation .. I-45 I.38 WBR 1452.237-80 Security Requirements -- Bureau of Reclamation ..................... I-47

Table of Contents - 4 (Revised)

I.39 WBR 1452.243-80 Modification Proposals – Alternative IV -- Bureau of ALT IV Reclamation ............................................................................... I-56

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

Table of Contents - 5 (Revised)

L.20 52.252-5 Authorized Deviations in Provisions ........................................L-16 L.21 1452.215-71 Use and Disclosure of Proposal Information 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

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

CODE

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040481357

R60

7. ISSUED BY

Bureau of Reclamation

Missouri Basin Region Regional Office

PO Box 36900 Billings

MT 59107

8. ADDRESS OFFER TO

Bureau of Reclamation Missouri Basin Region Attn: Linda Melnick 2021 4th Ave. North Billings MT 59101

a. NAME

Charlee Maurer

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

406-247-7819

1x 09/29/2021

140R6021R0029

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

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

The Magnitude of this project is between $250,000 and $500,000.

The North American Industry Classification System (NAICS) code is: 237990, Other Heavy and Civil Engineering Construction.

The Small Business Size Standard is: $39.5 Million.

The Product or Service Description (PSC) is: Z2KA, Repair or Alteration of Dams.

The project is issued as a Total Small Business Set-Aside.

Proposals are to be submitted via email to camaurer@usbr.gov. Our email server limits attachment sizes to 25 MB per message, therefore offerors may need to submit multiple emails in order to ensure we receive their complete proposal (Volumes 1-3).

Taxpayer Identification Number (TIN): ____________________________

Data Universal Number System (DUNS): ____________________________

Commercial and Government Entity Code (CAGE): ____________________________

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 540 calendar days and complete it within ________________ ________________ calendar days after receiving

Paragraph F.1

_____11/05/2021___________________

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

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

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

BY

2PAGE OF

R60

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

MT 59107

Linda Melnick

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

The Invoicing Processing Platform (IPP) US Department of Treasury https://www.ipp.gov

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R6021R0029

00010 1 AU $________________East Portal Diversion Dam Spillway Concrete Repair

See Attached Continuation of Section B(CLINS 1-6)

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

Sponsored by GSA

FAR (48 CFR) 53.110

East Portal Diversion Dam Spillway Concrete Repair Amendment No. 0004 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

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(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 includes

I - 8 (Revised) 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 situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3), and (6) of this clause—

X_ By the end of the base term of the contract and then by the end of each subsequent option period; or

___ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

I.6 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION

SEP 2021

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of

I - 9 (Revised) performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern—

(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 criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(2) Affiliates, as used in this definition, 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) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this https://www.acquisition.gov/far/part-52#FAR_52_217_8 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-19#FAR_19_000

I - 10 (Revised) clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees if the acquisition –

(1) Was set aside for small busines and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it □ is, □ is not a small business concern under NAICS Code _____ assigned to contract number _____.

(2) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

https://www.sba.gov/document/support--table-size-standards

I - 11 (Revised)

(3) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it □ is, □ is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program.

[Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that—

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:_____.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern.[Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause. ] The Contractor represents that—

(i) It □ is, □ is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture:

_____.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it □ is, □ is not a veteran-owned small business concern.

(7) [ Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it □ is, □ is not a service-disabled veteran-owned small business concern.

(8) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that—

I - 12 (Revised)

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture.