Solicitation_Amendment_140R6025R0002_0002_3_28_25_0002.pdf

(x)

140R6025R0002 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

Billings MT 59101 2021 4th Avenue North Missouri Basin Regional Office Bureau of Reclamation

03/11/20250002

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

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

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

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

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

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

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

PAGE OF PAGES

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

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

03/11/2025

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.)

DK Shadehill Replace Ladders, Platforms, Guardrails

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 which has a small business size standard of $45 million.

PSC: Z1MD - Facilities & Construction - Facility Related Services.

Solicitation procedures are Full and Open Competition.

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)

Mitchell Frost

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 .

Solicitation No. 140R6025R0002 Amendment No. 0002

1. Description of amendment details:

a. In Part I – Section C – Remove Specification Section 02 83 33 it in entirety and replace therefore with the attached Specification Section 02 83 33.

b. In Part II – Section I - Remove Section I in its entirety and substituted therefore with the attached Section I.

c. In Part II – Section J – Remove Section J in its entirety and substituted therefore with the attached Section J.

d. In Part IV – Section K – Remove Section K in its entirety and substituted therefore with the attached Section K.

e. In Part IV – Section L – Remove Section L in its entirety and substituted therefore with the attached Section L.

f. The response deadline for submission of proposals is not extended as a result of this solicitation amendment.

2. Acknowledgement:

See Block 11 above regarding acknowledgement by offerors to this amendment. The Government requires acknowledgement of this and all amendment(s). (Please See Block 19 of the Standard Form 1442, on the original solicitation, ACKNOWLEDGEMENT OF AMENDMENTS).

3. Receipt of Proposals:

The date for receipt of proposals remains April 11, 2025 at 1700 Mountain Daylight Time.

4. Third Party:

If you have provided a copy of this solicitation to another company or person, please forward this amendment accordingly.

Shadehill Dam Replace Platforms, Guardrails, and Ladders Solicitation No. 140R6025R0002

Removal and Disposal of Metalwork with Coatings Containing Regulated Metals

02 83 33 - 1

SECTION 02 83 33

REMOVAL AND DISPOSAL OF METALWORK WITH COATINGS CONTAINING

REGULATED METALS

PART 1 GENERAL

1.01 MEASUREMENT AND PAYMENT

A. Cost:

1. Include in the price offered in the Price Schedule for Section 02 41 07 Removal and Disposal of Existing Features.

1.02 DEFINITIONS

A. Coatings Containing Heavy Metals:

1. The following metals and compounds may be present in aging paint and coating systems, unless noted otherwise:

a. Beryllium.

b. Cadmium: See 29 CFR 1926.1127.

c. Chromium.

d. Lead: See 29 CFR 1926.62.

e. Silver.

f. Vanadium.

B. Competent person:

1. For lead hazards: As defined in 29 CFR 1926.32 (f).

2. For designing and implementing technical controls to limit employee exposure to contaminants: As defined in 29 CFR 1926.55.

C. Handling: Includes containment, collection, storage, and transportation.

D. Regulated area: Areas on project site where Action Level is exceeded for regulated metals.

1.03 REFERENCE STANDARDS

A. ASTM International (ASTM)

1. ASTM E1728-03 Collection of Settled Dust Samples Using

Wipe Sampling Methods for Subsequent Lead Determination

B. Bureau of Reclamation (USBR)

02 83 33 - 2

1. RSHS Reclamation Safety and Health Standards, including revisions posted at http://www.usbr.gov/ssle/safety/RSHS/rshs.

html

C. Code of Federal Regulations (CFR)

1. 29 CFR 1926.1118 Inorganic Arsenic

2. 29 CFR 1926.1127 Cadmium

3. 29 CFR 1926 Safety and Health Regulations for

Construction

4. 29 CFR 1926.32 (f) Definitions – Competent Person

5. 29 CFR 1926.55 Gases, Vapors, Fumes, Dusts, and Mists

6. 29 CFR 1926.62 Lead

7. 40 CFR 260 Hazardous Waste Management System:

General

8. 40 CFR 261 Identification and Listing of Hazardous

Waste

9. 40 CFR 262 Standards Applicable to Generators of

Hazardous Waste

10. 40 CFR 263 Standards Applicable to Transporters of

Hazardous Waste

11. 40 CFR 264 Standards for Owners and Operators of

Hazardous Waste Treatment, Storage, Disposal Facilities

12. 40 CFR 268 Land Disposal Restrictions

13. 49 CFR 107 Hazardous Materials Program Procedures

14. 49 CFR 178 Specifications for Packaging’s

15. 49 CFR Chapter I Research and Special Programs

Administration, Department of Transportation, Hazardous Materials Regulations

1.04 SUBMITTALS

A. Submit the following in accordance with Section 01 33 00 - Submittals.

B. RSN 02 83 33-1, Written Compliance Program for Worker Protection:

1. Include information required by 29 CFR 1926.62 (e)(2).

2. Prepared by competent person.

02 83 33 - 3

C. RSN 02 83 33-2, Plans:

1. Removal plan

a. Proposed removal plan

2. Containment System Plan:

a. Include:

1) Drawings showing layout, attachment to structure, and relationship to structure.

2) Design calculations for ventilation system.

3) Load analysis for containment system loading on structure.

a) Include dead load on containment system from debris.

b. Plan shall be reviewed and approved by a Certified Industrial Hygienist

(CIH).

3. Waste Handling, and Disposal Plan:

a. Include:

1) Plan for handling, storage, transporting, and disposal of project-generated waste and cleaning of reusable items.

2) Name, address and qualifications of transporter.

3) Name, address and qualifications of disposal facility.

4) Written notice from owner or operator of disposal facility documenting permits and agreement to accept waste generated under this contract.

D. RSN 02 83 33-3, Certificate of Disposal:

1. Certification hazardous materials have been treated.

1.05 QUALIFICATIONS

A. Certified Industrial Hygienists (CIH): Certified by American Board of Industrial Hygiene

(ABIH).

B. Containment System Designer Qualifications: Certified Industrial Hygienist

C. Disposal Facility Qualifications for Hazardous Waste: RCRA permitted facility.

1.06 REGULATORY REQUIREMENTS

A. Solid waste debris is subject to Federal, State, local, requirements. The most stringent regulation shall apply.

02 83 33 - 4

1.07 SAFETY AND HEALTH REGULATIONS

A. Comply with USBR RSHS.

B. Comply with 29 CFR 1926.

C. Limit employee exposure to lead and other airborne contaminants in accordance with 29 CFR 1926.55 and 29 CFR 1926.62.

1.08 PROJECT CONDITIONS

A. Existing coating contains lead and may contain other regulated metals. See Section 51 02 83 – Existing Coatings Test Results.

B. The Contractor will be considered the co-generator of any hazardous waste, in accordance with 40 CFR 260.10.

1.09 CONTRACTOR’S RESPONSIBILITIES

A. Obtain EPA Identification number, in accordance with 40 CFR 262.12 before treating, storing, or transporting hazardous waste.

B. Prepare manifest, in accordance with 40 CFR 262 Subpart B, before transporting hazardous waste for offsite treatment, storage, or disposal.

C. Before transporting hazardous waste, obtain written notice from owner or operator of hazardous waste facility, including documentation that facility has required permits and that facility will accept waste to be shipped under this contract, in accordance with 40

CFR 264.12.

D. Obtain certificate of disposal from disposal facility when hazardous waste has been treated.

E. Obtain required transportation permits.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

3.01 CONTAINMENT SYSTEM

A. Design and construct containment system to control emissions to the environment in conformance with Federal, State, and local regulations and the following criteria:

1. Do not exceed ambient air quality standards.

02 83 33 - 5

2. Prevent contamination of any reservoir, watercourse, or water system.

3. Prevent contamination of sediment in any reservoir or watercourse.

4. Prevent contamination of soil.

B. Design and construct containment system for following:

1. Contain coatings disturbed or dislodged from metalwork during metalwork removal.

C. Provide signs and barriers at each point of entry to containment area to prevent unauthorized personnel access.

3.02 WASTE CHARACTERIZATION, HANDLING AND DISPOSAL

A. Characterize waste debris from removal of metalwork in accordance with 40 CFR 261, TCLP Method 1311.

B. RCRA-defined Hazardous Waste:

1. Comply with 40 CFR 262 and 40 CFR 268.

2. Do not co-mix different types of hazardous and non-hazardous waste materials.

3. Store coating debris in EPA approved weatherproof, watertight steel containers.

4. Seal, label, and store in accordance with 49 CFR 178.

5. Dispose of waste at EPA permitted RCRA Subtitle C disposal facility.

C. Non-hazardous Waste:

1. Store in closed containers separate from hazardous waste storage areas.

2. Dispose waste in accordance with local, county, state, and federal regulations.

3. Comply with Section 01 74 00 - Cleaning and Waste Management.

D. Transport hazardous waste materials in accordance with 40 CFR 263, 49 CFR 107, and applicable regulations contained in 49 CFR Chapter I.

3.03 REPORTABLE RELEASES

A. Notify applicable agencies and COR.

3.04 CLEARANCE TESTING

A. Contaminated non-porous surfaces that are to remain, as required:

1. Wipe samples: Take wipe samples to collect surface dust at locations in work areas. Follow ASTM E 1728 wipe sample collection and analysis criteria.

2. Analyze samples for total lead and other regulated metal content.

3. Acceptance criteria: Not to exceed 500 micrograms per square foot.

02 83 33 - 6

B. Contaminated porous surfaces that are to remain, as required::

1. Visual methods:

a. Visible paint chips and dust.

b. Visible abrasives.

3.05 DECONTAMINATION OF CONTAMINATED AREAS

A. Decontaminate areas and surfaces contaminated with lead and other regulated metals in accordance with approved acceptance criteria.

END OF SECTION

SECTION I

Contract Clauses

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Section I – Contract Clauses

I.1 52.252-2 Clauses Incorporated by Reference Feb 1998

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

www.acquisition.gov

52.202-1 Definitions Jun 2020 52.203-3 Gratuities Use 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 Transaction Jun 2020 52.203-13 Contractor Code of Business Ethics and Conduct Nov 2021 52.203-14 Display of Hotline Poster(s) Nov 2021 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

52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Award Jun 2020

52.204-13 System for Award Management Maintenance Oct 2018 52.204-14 Service Contract Reporting Requirements Oct 2016 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities

Dec 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

Nov 2021

52.204-27 Prohibition on a ByteDance Covered Application Jun 2023 52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment Nov 2021

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Nov 2015 http://www.acquisition.gov/

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52.210-1 Market Research Nov 2021 52.215-2 Audit and Records-Negotiation Jun 2020 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data Aug 2011 52.215-12 Subcontractor Certified Cost or Pricing Data Jun 2020 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other

Than Certified Cost or Pricing Data-Modifications

Nov 2021

52.219-8 Utilization of Small Business Concerns Feb 2024 52.219-9 Small Business Subcontracting Plan Sep 2023 52.219-10 Incentive Subcontracting Program Oct 2014 52.219-16 Liquidated Damages-Subcontracting Plan Sep 2021 52.222-3 Convict Labor Jun 2003 52.222-4 Contract Work Hours and Safety Standards May 2018

52.222-6 Construction Wage Rate Requirements Aug 2018 52.222-7 Withholding of Funds May 2014 52.222-8 Payrolls and Basic Records Jul 2021 52.222-9 Apprentices and Trainees Jul 2005 52.222-10 Compliance with Copeland Act Requirements Feb 1988 52.222-11 Subcontracts (Labor Standards) May 2014 52.222-12 Contract Termination-Debarment May 2014 52.222-13 Compliance with Construction Wage Rate Requirements and

Related Regulations May 2014

52.222-14 Disputes Concerning Labor Standards Feb 1988 52.222-15 Certification of Eligibility May 2014 52.222-21 Prohibition of Segregated Facilities Apr 2015 52.222-22 Previous Contracts and Compliance Reports Feb 1999 52.222-26 Equal Opportunity Sep 2016 52.222-27 Affirmative Action Compliance Requirements for Construction Apr 2015 52.222-34

ALT I

Project Labor Agreement ALT I May 2010

52.222-36 Equal Opportunity for Workers with Disabilities Jun 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act Dec 2010

52.222-50 Combating Trafficking in Persons Required Nov 2021 52.222-54 Employment Eligibility Verification May 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive Order

14026 Jan 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 Jan 2022 52.223-5 Pollution Prevention and Right-to-Know Information May 2011 52.223-6 Drug-Free Workplace May 2001 52.223-17 Affirmative Procurement of EPA-designated Items in Service and

Construction Contracts Aug 2018

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52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

Jun 2020

52.223-20 Aerosols Jun 2016 52.223-21 Foams Jun 2016 52.225-13 Restrictions on Certain Foreign Purchases Feb 2021 52.225-14 Inconsistency between English Version and Translation of Contract Feb 2000 52.227-1 Authorization and Consent Use in all if performance is inside the U.S. Jun 2020 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement Jun 2020 52.227-4 Patent Indemnity-Construction Dec 2007 52.228-11 Individual Surety Pledge of Assets Feb 2021 52.228-14 Irrevocable Letter of Credit Nov 2014 52.229-3 Federal, State, and Local Taxes Feb 2013 52.230-2 Cost Accounting Standards Jun 2020 52.230-3 Disclosure and Consistency of Cost Accounting Practices Jun 2020 52.230-6 Administration of Cost Accounting Standards Jun 2010 52.232-17 Interest May 2014 52.232-23 Assignment of Claims 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.233-3 Protest after Award Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 52.236-5 Material and Workmanship Apr 1984 52.236-6 Superintendence by the Contractor Apr 1984 52.236-7 Permits and Responsibilities Nov 1991 52.236-8 Other Contracts Apr 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements Apr 1984

52.236-11 Use and Possession Prior to Completion Apr 1984 52.236-12 Cleaning Up Apr 1984 52.236-26 Preconstruction Conference f Feb 1995 52.242-5 Payments to Small Business Subcontractors Jan 2017 52.242-13 Bankruptcy Jul 1995 52.244-2 Subcontracts June 2020 52.244-6 Subcontracts for Commercial Products and Commercial Services Feb 2024 52.248-3 Value Engineering-Construction Oct 2020 52.249-2 Alt I

Termination for Convenience of the Government (Fixed Price) - Alternate I

Sep 1996

52.253-1 Computer Generated Forms Jan 1991

I.2 52.204-21 Basic Safeguarding of Covered Contractor Information System Nov 2021

(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.

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

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

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C. 3502).

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

(b) Safeguarding requirements and procedures.

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

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

(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.

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

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

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

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

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

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

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

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

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

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

I.3 52.204-29 Federal Acquisition Supply Chain Security Act Dec 2023 Orders—Representation and Disclosures

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act

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(FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures.

(1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

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(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

I.4 52.204-30 Federal Acquisition Supply Chain Security Act Dec 2023

Orders-Prohibition

(a) Definitions. As used in this clause—

Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

https://www.govinfo.gov/link/uscode/41/4713 https://www.govinfo.gov/link/uscode/40/11101 https://www.govinfo.gov/link/uscode/47/153 https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(e)

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(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is https://www.govinfo.gov/link/uscode/50/3003 https://www.govinfo.gov/link/uscode/44/3552

I - 9 to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition.

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)).

However, see paragraph (c) of this clause.

(5)

(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

https://www.sam.gov/ https://www.acquisition.gov/far/4.2304#FAR_4_2304

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(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement.

(1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)

(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

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(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the contract;

(D) Name of the covered article or source subject to a FASCSA order;

(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;

(F) Brand;

(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(H) Item description; and

(I) Any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:

(A) Any further available information about mitigation actions undertaken or recommended.

https://dibnet.dod.mil/

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(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced by a source that is subject to an applicable FASCA order.

(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order.

(e) Subcontracts.

(1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.

(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts.

I.5 52.209-9 Updates of Publicly Available Information Regarding Oct 2018 Responsibility Matters

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via https://www.sam.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111- 212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments-

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by-

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and https://www.sam.gov/

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(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for-

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

I.6 52.209-10 Prohibition on Contracting with Inverted Domestic Nov 2015 Corporations

(a) Definitions. As used in this clause-

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned-https://www.acquisition.gov/far/part-42#FAR_Subpart_42_15 https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/ http://uscode.house.gov/

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(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

I.7 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.8 52.219-14 Limitations on Subcontracting (Deviation) Oct 2022

(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 https://www.acquisition.gov/far/part-9#FAR_9_108_2

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

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

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

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 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)(ii); 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 to the following requirements in the performance of a contract assigned a North American Industry Classification System (NAICS) code applicable to this contract:

(1) Services (except construction). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), 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

I - 16 exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(i) The following services may be excluded from the 50 percent limitation:

(A) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code (562910), cloud computing services, or mass media purchases.

(B) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(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.

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(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.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

I.9 52.223-3 Hazardous Material Identification and Material Feb 2021 Safety Data

(a) "Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous…