Solicitation_No__140R6024Q0073.pdf

U.S. Department of the Interior

Bureau of Reclamation

Technical Service Center

Denver, Colorado June 2024

WY Alcova Power Plant Roof (Membrane) Replacement

Kendrick Project, Wyoming Request for Quotation/Solicitation No. 140R6024Q0073

SOLICITATION, OFFER, 1. SOLICITATION NO. 2. TYPE OF SOLICITATION �- DATE ISSUED PAGE OF PAGES

□ ���!�g�

D F<g'�k1D

ANDAWARD 140R6024Q0073

(Construction, Alteration, or Repair) □ NEGOTIATED IRFPl 06/18/2024 REQUEST FOR PROPOSAL

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

4. CONTRACT NO.

?. ISSUED BY CODE

R60

5. REQUISITION/PURCHASE REQUEST NO.

0040664270

8. ADDRESS OFFER TO

6. PROJECT NO.

1 I 3

Bureau of Reclamation

Missouri Basin Region

Regional Office

Bureau of Reclamation - Missouri Basin Region

Darlene Dillon, CO: DDillon@usbr.gov

2021 4th Avenue North

Billings MT 59101

9. FOR

INFORMATION CAL

SOLICITATION

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

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

WY Alcova Power Plant Roof (Membrane) Replacement, Kendrick Project, Wyoming

The magnitude of this project is between $100,000 and $250,000.

The North American Industry Classification System (NAICS) code is 238160 Roof

Membrane Installation with a small business size standard of $19 million.

The Product Service Code is YlEB, Construction Maintenance Buildings Requires WO

The set-aside is Total Small Business.

Taxpayer Indentification Number (TIN)

Unique Entity ID:

Commercial and Government Entity Code (SAM:

Continued ...

11. The Contractor shall begin performance within calendar days and complete it within 1 2 Q calendar days after receiving

□ award, [l<] notice to proceed. The performance period is □mandatory [)(_]negotiable. (See Paragraph 6 of the PWS .)

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

□ YES �NO

a. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by

12b. CALENDAR DAYS

1300 (hour) local time 07/12/2024 (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 dale and lime offers are due .

b. An offer guarantee D is, [l<] is not required.

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.

d. Offers providing less than 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected .

NSN 7540-01-155-3212 STANDARD FORM 1442 (Rev. 12/2022) Prescribed by GSA

FAR(48 CFR) 53.236-1(d) x

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

140R6024Q0073

NAME OF OFFEROR OR CONTRACTOR

ITEM NO.

(A)

00010

SUPPLIES/SERVICES

(B)

SECTION Price Schedule - Supplies or Services and Prices

FOB: Destination

Period of Performance: 08/01/2024 to 11/29/2024

Replacement of Alcova Power Plant Roof Membrane

(Price Schedule CLIN 1)

See following continuation pages(s).

NSN 7540-01-152-8067

QUANTITY UNIT

(C) (D)

UNIT PRICE

(E)

PAGE

OF

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR f48 CFRl 53.110

1 LS $_________________

PRICE SCHEDULE

(a) Offers will be considered for award on the following price schedule, but no offer will be considered for award on only a part of the price schedule.

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

(c) Quantities in the price schedule are estimated quantities for comparison of offers only. Except as provided in the contract clause at FAR 52.211‐18, Variation in Estimated Quantity, no claim shall be made against the Government for overruns and underruns. The Contract Clause at FAR 52.211‐18, Variation in Estimated Quantity does not apply to the lump sum items.

(d) (The) Line Item is inclusive of Mobilization and Preparation.

(e) Locations/Quantities may be increased or decreased

(f) Award will be transmitted electronically

(g) The Government intends to make one award for the line item.

(h) Definitions:

(1) CLIN‐Contract Line Item Number

CLIN SECTION SUPPLIES

OR

SERVICES

QUANTITY UNIT AMOUNT

1 PWS Roof Membrane Replacement in its entirety

1 Lump Sum

Total Firm Fixed Price of Schedule $________________

PWS-1

PERFORMANCE WORK STATEMENT (PWS)

Alcova Power Plant Roof (Membrane) Replacement

1.0 Need

The Bureau of Reclamation has a need for the replacement of the roof membrane at the Alcova Power Plant, Wyoming.

2.0 Background

The current roof is a cement roof covered with a single layer membrane and is approximately 20 years old. Multiple repairs have been made to the existing roof membrane over the past years, however, leaks continue to damage the equipment inside the plant.

3.0 Locations of Project work

The Alcova Power Plant is located at 22105 Alcova Dam Access Road, Alcova Wyoming, which is approximately 30 minutes from Casper, Wyoming, near the intersection of State Road 220 and Kortes Road.

4.0 Scope

A) The contractor shall replace the roof membrane, which is approximately 121 feet x 81 feet. Access to the roof is via an interior permanently affixed ladder, through a 3 feet x 3 feet hatch. (See Figure 1).

B) The contractor shall examine and repair the roof drains to reduce pooling of water.

C) The Contractor shall dispose of all debris, conduct a magnetic sweep of area to ensure all metallic hardware is picked up, and restore the work site to original or better condition, including filling in ruts caused by equipment, if necessary. Use of government dumpsters is NOT allowed.

D) The principal components of work include and are not limited to the following:

1) Sweep existing rock ballast to the side and remove existing membrane roofing, flashing and all caulking/sealant.

2) Inspect and repair/improve roof drains to address standing water on roof, especially near the center.

3) Replace the roof membrane with recycled 60-mil EPDM single-ply membrane.

a) Install all necessary flashings, fasteners, plates, adhesives, caulking, sealants, and termination bars, including flashing(s) of all roof penetrations and fabrication and installation of new metal roof edging.

i)The contractor shall submit color samples for the new metal roof edging, whereby the COR will make the selection of color.

4) Sweep existing rock ballast back over new membrane, add matching ballast if required.

5) Leak check roof and drains

a) Spray or hose testing to simulate heavy rain per applicable ASTM standards.

i) Power plant service water is only available on the ground floor.

ii) The contractor will need to provide the means to provide adequate pressure and volume for testing.

5.0 Environmental Protection

The contractor shall comply with all federal, state, and local laws, regulations, and standards. All environmental protection matters shall be coordinated with the Contracting Officer or Contracting Officer's Representative.

6.0 Period of Performance and Hours of Operation

PERIOD OF PERFORMANCE: To allow adequate time for the submittal process, (final) payment, and sufficient time for actual onsite work, the overall period of performance is One Hundred Twenty (120) calendar days after issuance of the Notice to Proceed, with actual onsite work estimated between September 2024 and October 2024 (or sooner), before seasonal winter weather. (Note: The Notice to Proceed will be issued after a Certificate of Liability Insurance is received and accepted/approved by the Contracting Officer).

HOURS OF OPERATION: Government personnel at Alcova Power Plant work Monday- Thursday 7:00 AM-5:30 PM (local time zone). While the microwave transmitter is powered down, the plant is staffed by power plant personnel. The contractor shall perform work within the normal duty hours of the power plant personnel.

7.0 Schedule

The contractor shall submit a detailed schedule for the procurement of materials, removal of the existing roof membrane, installation and testing for leaks of the new roof memebrane to the Contracting Officer Representative within 20 days after award.

8.0 Known Hazards and Restricted Areas

Alcova Power Plant is a high voltage generation plant with an adjoining switchyard. The high voltage transmission lines pose significant hazards to workers within safe distance requirements, (10 feet). High winds are common at the Alcova Power Plant, whereby attention to safety to prevent equipment or material from accidental contact with lines is required. Access to roof that is clear of the switchyard is available on the south and west side of the power plant through an approximately 10' wide access gate. (See Figure 2).

A microwave transmitter is located on the roof. The transmitter must be powered down when

PWS-2

PWS-3

personnel are between the transmitter and the reflector. The Contractor is responsible for coordinating with the Contracting Officer’s Representative (COR) and/or power plant supervisor at least 48 hours in advance of starting work or resuming suspended work. The clearance must be removed (microwave powered up) no later than 5:00 PM (local time zone) each day to establish normal communication with Reclamation’s control center.

Access to the power plant must be maintained and free of debris. If there is a risk of items or material falling on normal entrances, either approved guarding must be installed at the contractor’s expense, or a dedicated safety monitor must be provided by the contractor.

Emergency access to the power plant roll door, located near the parking lot, must be readily available in case of a fire or accident in the facility. To protect all personnel in the area, the Contractor is responsible for marking safe entryways and providing a safety observer when utilizing lifting equipment and removing material from roof.

Periodic overhead crane operation occurs throughout the day; therefore, all personnel shall be briefed to watch for crane operation and comply with the crane operator’s instructions.

Alcova Power Plant is a restricted access area. A government escort is always required within the power plant. The government will flag an access path to the roof hatch; however, this does not waive the requirement that a government escort is required.

9.0 Safety and Health

The Alcova Power Plant is in a remote area. The contractor is responsible for providing sanitary porta-john and wash station for their employees. Regular maintenance and removal of portable restroom facilities is the responsibility of the contractor. All restroom facilities must be removed from the site within 48 hours of completion of work unless arrangements are made with plant supervisor due to limited delivery/pick up times. Use of plant restroom is prohibited due to restricted access inside power plant.

Cell service is limited in the area. An emergency phone with call procedures is located near the roll-up door. The contractor shall notify the onsite government representative of any injuries and if first aid assistance is required. Due to the remote location, ambulance response can take in excess of 30 minutes. A Life flight landing area is located across the street in the public park.

Coordinates for emergency services are posted near the phone. The government denies responsibility for costs for emergency services, including life flight, for contractor employees.

All workers working near the edge of the roof must be tied off to a fall arrest system. No fall arrest system is installed on the roof. The contractor is required to supply a fall arrest system or equipment that meets OSHA requirements for protecting workers from fall hazards.

Operation of any plant switches, breakers, GFCls or equipment is NOT permitted by contractor employees. The Contracting Officer’s Representative or Reclamation’s Power Plant Supervisor will be responsible for notifying power plant personnel to operate any switches, breakers, tripped GFCls or equipment belonging to the government.

The contractor shall comply with the Occupational Safety and Health Administration's

PWS-4

(OSHA) rules and regulations and Reclamation's Safety and Health Standards. The contractor shall also submit a safety plan in accordance with Reclamation's Safety and Health Standards at http://www.usbr.gov/safety/rshs/index.html. The safety and health standards include, but are not limited to, the following:

a. A high degree of safety and health standards shall always be exercised.

b. The contractor shall use extra caution when operating vehicles.

c. The contractor shall operate vehicles at or below the posted speed limits.

d. The onsite contractor/subcontractor personnel shall be certified in First Aid and

Cardiopulmonary Resuscitation (CPR). Certification of First Aid and CPR of onsite contractor/subcontractor personnel shall be submitted to the COR.

e. Approved first aid kits shall be carried in all vehicles.

f. The contractor shall be responsible for supplying personal protective equipment for all the employees.

g. The contractor shall keep the premises free from debris and accumulated waste.

h. Any vandalism, security, safety, or health issues shall be reported within 24 hours to the COR. Any crimes against property or people, or need for emergency services, shall first be reported to the appropriate County Sheriff's Office or emergency medical provider. If possible, also provide the COR any information pertaining to the condition, time, date, place, and description of damages, witnesses, suspects, or other information.

The contractor shall report to the Contracting Officer (CO), by telephone or email, any near miss or accident(s) involving injury, death, damage to Government property, or accidental loss of Government property resulting from the activities of the contractor, their subcontractors, their agents, or their employees. A report shall be forwarded to the CO within two (2) working days after the date of the accident. All accident records required by the Occupational Safety and Health Act shall be maintained in accordance with OSHA guidelines. In addition, the contractor shall cooperate and provide data to follow-up investigation(s) by Reclamation of an accident.

10.0 STOP WORK Policy

Because the power plant and work area must always be safe, all Bureau of Reclamation employees and all contractor employees have the right and responsibility to call for a STOP WORK at any time they observe a safety hazard. When workers are notified that a STOP WORK has been called all Reclamation power plant personnel and contractor employees will place work in a safe condition and stop all work in and around the plant until a resolution of the safety hazard is determined. No work may resume until the contractor’s onsite project manager, designated power plant supervisor, and Contracting Officer’s Representative agree to a safe procedure. Notification of STOP WORK can be made by voice, whistle, horn, radio, or other acceptable means to accommodate personnel who are deaf, hard of hearing, or have a speech disability. All personnel in and near the facility will be notified quickly that work is to stop. Adherence to this policy is mandatory for the safety of personnel and equipment.

11.0 Contractor Quality Control Plan (QCP)

The contractor shall develop and maintain a Quality Control Plan. The contractor is responsible for the management and quality control to meet industry standards for the replacement of the

PWS-5

roof membrane.

The Government will monitor the contractor's performance. The project work is subject to Government inspection by the Contracting Officer’s Representative (COR) at any time.

The Government's Quality Assurance program is not a substitute for the contractor's Quality Control Plan (QCP). Unacceptable work will require the task to be re-performed without additional expense to the Government. The Government reserves the right to utilize any method of inspection.

12.0 Security Requirements

All contractor employees must be U.S. citizens or have a valid Immigrant Visa Number, Permanent Resident Card, or Resident Alien Card authorizing them to work in the U.S. The contractor shall abide by all Federal, State, and Local laws pertaining to hiring and assigning tasks to personnel.

In accordance wi th WBR 1452.237-80 Security Requirements- Bureau of Reclamation, the contractor shall provide a listing of all personnel performing work under the contract prior to performance. Copies of state issued licenses that pertain to work related tasks may be required. The contractor shall notify the Contracting Officer or the Contracting Officer’s Representative in writing of any personnel change to this list prior to the implementation of such change(s). Trucks, vehicles, and personnel will be licensed, insured, and certified as required by the appropriate governing agencies.

All personnel employed by the contractor or any representative of the contractor entering the Government installation shall abide by all security regulations of the installation.

13.0 Government Furnished Equipment – Information

POWER/ELECTRICAL SUPPLY: The government will provide limited 120V AC power for convenience at ground level. Power plant provided power at ground level may not be extended to the roof due to excessive distance. Extension cords and equipment attached to the plant power is subject to inspection by government employees. Items determined to be in poor condition, lacking required safety guards, or other deficiencies will not be permitted to be attached to government furnished power. No power is available on the roof. If power is needed on the roof, the contractor must supply a portable generator and all necessary cords. No government tools or materials are provided for use by the contractor. The government does not assume responsibility for providing or maintaining electrical power for contractor.

CRANE AND CRANE OPERATOR: The government will provide an overhead crane and crane operator for the contractor’s inspection of the interior areas, such as the roof drains. The contractor must arrange use of the overhead crane and crane operator with the power plant supervisor. Compliance with the power plant fall protection program is required if the contractor utilizes the government furnished overhead crane and (government) crane operator during contractor inspection(s). Only authorized (government) power plant personnel may operate the crane.

PWS-6

14.0 Contractor Furnished Supplies

The contractor shall provide all labor, equipment, materials, supplies, and permits (if applicable) necessary to meet the requirements of the purchase order. The contractor shall provide sanitary porta-john(s) and wash station(s) for their employees.

15.0 Project Deliverables

The Contractor shall sweep ballast to the side, remove existing membrane, install new recycled 60-mil EPDM single-ply membrane roof in accordance with the manufacturer's specifications, sweep ballast back over new membrane, install all necessary flashings, fasteners, plates, adhesives, caulking, sealants, and termination bars, flashing of all roof penetrations, and fabrication and installation of new metal roof edging in a color chosen by the COR. The Contractor shall also provide a 20-Year Membrane Only Manufacturer's Warranty.

16.0 Performance Standards

The designated Contracting Officer Representative (COR) will document acceptable and unacceptable contract performance. The following table summarizes the tasks, the performance standard, monitoring method, and disincentives/incentives for performance standards.

Task

Description

Performance

Standard

Method of

Monitoring Disincentive Incentive

Condition Spray or hose testing to simulate heavy rain per applicable ASTM standards.

100% Inspection

Re-work at contractor's expense

Exceptional contractor performance will be documented.

17.0 Required Submittals

The contractor shall provide submittals in accordance with the submittal table. The Government has 10 days to review and approve each submittal or request a revision to the submittal. Note: The submittal submission and review/approval process are inclusive in the Period of Performance.

*RSN – Required Submittal Number

*CO – Contracting Officer

*COR – Contracting Officer’s Representative

PWS-7

SUBMITTAL TABLE

*RSN

Clause Or

Section Title Submittals Required

Due date or delivery time

Electronic Copies to be submitted (via email):

*CO *COR

1 1452.228-70 Liability Insurance

Certificate

Within ten (10) calendar days after award

2 (PWS) 10.0

Security

Requirements & and

WBR.1452.237-80

ALT III

List of all contractor and subcontractor employees performing work under this purchase order with supporting documentation

Within ten (10) calendar days after award

3 (PWS) 9.0 Safety

& Health &

WBR 1452.223-81

Safety Plan Fourteen (14) calendar days after award

4 (PWS) 7.0

Schedule

Schedule of onsite construction work

Within Twenty

(20) calendar days after award

5 (PWS) 9.0 Safety

& Health

First Aid & CPR

Certifications of

Onsite Personnel

Within Twenty

(20) calendar days after award

6 (PWS) 4.0(D)(3) Color samples for the new metal roof edging

Prior to installation

7 Payrolls and Basic

Records

52.222-8

Certified Payroll(s) Weekly for each week of contract performance encrypted encrypted

8 (PWS) 15.0 Manufacturer’s 20-year (Membrane)

Warranty

Prior to Final

Payment

1 1

9 Release of Claims

1452.204-70

Release of Claims

(DI-137)

After completion of work and final cleanup and prior to final payment

1 1

WY Alcova Power Plant Roof (Membrane) Replacement Solicitation No. 140R6024Q0073

CLAUSES

52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014

52.211-18 Variation in Estimated Quantity Apr 1984

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

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While

Driving

May 2024

52.236-7 Permits and Responsibilities Nov 1991

52.213-4 Terms and Conditions – Simplified Acquisitions (Other than May 2024

Commercial Products and Commercial Services)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L.

115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-

232).

(iv) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section

102 of Division R of Pub. L. 117-328), unless the agency grants an exception - see paragraph (b) of 52.204-27.

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27

(v) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—

Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

(vi) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

(ix) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

(x) 52.232-40, Providing Accelerated Payments to Small Business

Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(xi) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C.3553).

(xii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) ( Pub. L.

108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.233-1, Disputes (MAY 2014).

(vii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (FEB

2023).

(viii) 52.253-1, Computer Generated Forms (JAN 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.225-13#FAR_52_225_13 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 https://www.govinfo.gov/link/plaw/108/public/77 https://www.govinfo.gov/link/plaw/108/public/77 https://www.govinfo.gov/link/uscode/19/3805 https://www.acquisition.gov/far/52.232-1#FAR_52_232_1 https://www.acquisition.gov/far/52.232-8#FAR_52_232_8 https://www.acquisition.gov/far/52.232-11#FAR_52_232_11 https://www.acquisition.gov/far/52.232-25#FAR_52_232_25 https://www.acquisition.gov/far/52.232-39#FAR_52_232_39 https://www.acquisition.gov/far/52.233-1#FAR_52_233_1 https://www.acquisition.gov/far/52.244-6#FAR_52_244_6 https://www.acquisition.gov/far/52.253-1#FAR_52_253_1

(i) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

(ii) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract

Awards (JUN 2020)(Pub. L. 109-282) ( 31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(iii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB

2024) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 2.101 on the date of award of this contract).

(iv) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment., Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) ( 41 U.S.C.chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(v) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vi) 52.222-36, Equal Employment for Workers with Disabilities (JUN 2020) ( 29

U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vii) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212)

(Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(viii) 52.222-41, Service Contract Labor Standards (AUG

2018) ( 41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the

Service Contract Labor Standards statute and will be performed in the United States, District of

Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin

Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(ix)

(A) 52.222-50, Combating Trafficking in Persons (NOV

2021) ( 22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/4.1403#FAR_4_1403 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/52.222-20#FAR_52_222_20 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/22.1303#FAR_22_1303 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/22.1408#FAR_22_1408 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/22.1303#FAR_22_1303 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-chapter67-front&num=0&edition=prelim https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 for obtaining document(s), and contract performance location outside the United States to which the document applies).

(x) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the

Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands

Act (43 U.S.C. 1331, et seq.))).

(xi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xii) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2024) ( 42

U.S.C. 11001-11050 and 13101-13109) (Applies to services performed on Federal facilities).

(xiii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (MAY 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts for products as prescribed at FAR 23.110(d)(1)).

(xiv) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration

Equipment and Air Conditioners (MAY 2024) ( 42 U.S.C. 7671, et seq.) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xv) 52.223-20, Aerosols (MAY 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (MAY 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.223-23, Sustainable Products and Services (MAY 2024) ( E.O. 14057, 7

U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l) (Applies to contracts when the agency identifies in the statement of work, or elsewhere in the contract, the sustainable products and services that apply to the acquisition).

(xviii)

(A) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 67)

(Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in 2.101 on the date of award of this contract, and the acquisition-https://www.acquisition.gov/far/52.222-55#FAR_52_222_55 https://www.acquisition.gov/far/52.222-6#FAR_52_222_6 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 https://www.acquisition.gov/far/52.222-62#FAR_52_222_62 https://www.acquisition.gov/far/52.222-6#FAR_52_222_6 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 https://www.acquisition.gov/far/52.223-5#FAR_52_223_5 https://www.govinfo.gov/link/uscode/42/11001 https://www.govinfo.gov/link/uscode/42/11001 https://www.govinfo.gov/link/uscode/42/13101 https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/23.109#FAR_23_109 https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/52.223-23#FAR_52_223_23 https://www.federalregister.gov/executive-order/14057 https://www.govinfo.gov/link/uscode/7/8102 https://www.govinfo.gov/link/uscode/7/8102 https://www.govinfo.gov/link/uscode/42/6962 https://www.govinfo.gov/link/uscode/42/8259b https://www.govinfo.gov/link/uscode/42/7671l https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/2.101#FAR_2_101

(1) Is set aside for small business concerns; or

(2) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $50,000).

(B) Alternate I (OCT 2022) (Applies if the Contracting Officer has filled in the domestic content threshold below, which will apply to the entire contract period of performance.

Substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of domestic end product in paragraph (a) of 52.225-1: (A) The cost of its components mined, produced, or manufactured in the United States exceeds ____ percent of the cost of all its components. [ Contracting officer to insert the percentage per instructions at 13.302-

5(d)(4). ])

(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations., Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) ( 42 U.S.C. 1792)

(Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

(xx) 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management (OCT 2013)(Applies when the payment will be made by electronic funds transfer

(EFT) and the payment office uses the System for Award Management (SAM) as its source of

EFT information).

(xxi) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial

Vessels (NOV 2021) ( 46 U.S.C. 55305)(Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (NOV

2021) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.)

(ii) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).

(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b.

origin).

https://www.acquisition.gov/far/19.502-2#FAR_19_502_2 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/13.302-5#FAR_13_302_5 https://www.acquisition.gov/far/13.302-5#FAR_13_302_5 https://www.acquisition.gov/far/52.226-6#FAR_52_226_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/26.404#FAR_26_404 https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://www.govinfo.gov/content/pkg/USCODE-2019-title46/html/USCODE-2019-title46-subtitleV-partD-chap553-subchapI-sec55305.htm https://www.acquisition.gov/far/47.504#FAR_47_504 https://www.acquisition.gov/far/52.204-21#FAR_52_204_21 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 https://www.acquisition.gov/far/9.405-2#FAR_9_405_2 https://www.acquisition.gov/far/52.211-17#FAR_52_211_17 https://www.acquisition.gov/far/52.247-29#FAR_52_247_29

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b.

destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its post acceptance rights-

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting

Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the

Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The

Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with https://www.acquisition.gov/far/52.247-34#FAR_52_247_34 http://www.acquisition.gov/ adequate assurances of future performance. In the event of termination for cause, the

Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

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.

Employment Opportunity for Construction

(a) The offeror’s attention is called to the Equal Opportunity clause and the Affirmative Action

Compliance Requirements for Construction clause of this solicitation.

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Feb 1999 Employment Opportunity for Construction https://www.acquisition.gov/far/8.405-5#FAR_8_405_5 https://www.acquisition.gov/far/8.405-5#FAR_8_405_5 https://www.acquisition.gov/far/16.505#FAR_16_505

(b) The goals for minority and female participation, expressed in percentage terms for the

Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Goals for Female Participation

Participation for Each Trade for each trade

7.5% 6.9%

These goals are applicable to all the Contractor’s construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance

Programs office.

(c) The Contractor’s compliance with Executive Order11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative

Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, Executive

Order11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the-

(1) Name, address, and telephone number of the subcontractor;

(2) Employer’s identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Alcova, Wyoming in the County of Natrona

52.225-9 Buy American-Construction Materials Oct 2022

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

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

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

Critical component means a component that is mined, produced, or manufactured in the United

States and deemed critical to the U.S. supply chain. The list of critical components is at

FAR 25.105.

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

https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/25.105#FAR_25_105

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if–

(A)The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for…