Solicitation_No__140R6026Q0004.pdf

U.S. Department of the Interior

Bureau of Reclamation

Missouri Basin Region Bismarck, ND November 2025

DK-Dam Tender House Roof Replacement

Heart Butte Dam, North Dakota Request for Quotation/Solicitation No. 140R6026Q0004

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION CALL

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

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

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0044029684

Bureau of Reclamation

Missouri Basin Regional Office

2021 4th Avenue North Billings MT 59101

R60 8. ADDRESS OFFER TO

DOI, Bureau of Reclamation

Attn: Contracting Officer Darlene Dillon

Email: DDillon@usbr.gov

Darlene Dillon 406-247-4037

111/17/2025

140R6026Q0004

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

DK-Dam Tender House Roof Replacement

The magnitude of the project is less than $25,000.

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

Contractors.

The Product Service Code (PSC) is Z2F2 Repair or Alteration of Other Residential

Building

The set-aside is Total Small Business.

Taxpayer Identification Number (TIN):_____________________________________

Unique Entity ID:_________________________________________________________

Commercial and Government Entity Code:____________________________________

11. The Contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

is not required.is, b. An offer guarantee

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 calendar days and complete it within ________________ 120 calendar days after receiving

SOW Paragraph 5

a. Sealed offers in original and

__12/03/2025

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 12/2022)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES CODE AT

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

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

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

BY

2PAGE OF

Bureau of Reclamation Missouri Basin Regional Office

2021 4th Avenue North Billings MT 59101

R60

Darlene Dillon

28. NEGOTIATED AGREEMENT 29. AWARD

and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations,certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

10 U.S.C. 3204(a) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

and return

(Contractor is not required to sign this document.) Your offer on this X

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R6026Q0004

00010 Dam Tender's House Roof, Roof Vents, & Gutter Systems Replacement - Firm Fixed Price)

1 LS $_________________

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

Sponsored by GSA

FAR (48 CFR) 53.110

PRICE SCHEDULE

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

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

(c) No claim shall be made against the Government for overruns and under-runs, as the Federal Acquisition Clause at FAR 52.211‐18, Variation in Estimated Quantity does not apply to the lump sum item(s).

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

(e) Award will be transmitted electronically.

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

(g) Definitions:

(1) CLIN‐Contract Line Item Number

CLIN SECTION SUPPLIES

OR

SERVICES

QUANTITY UNIT AMOUNT

1 SOW Roof, Roof Vents, & Gutter Systems Replacement

1 Lump Sum

Total Firm Fixed Price of Schedule $________________

(SOW)

Heart Butte Dam Tender House Roof Replacement, North Dakota

Statement of Work (SOW)

1. Background The roof and gutters of the Heart Butte Dam Tender’s House have deteriorated. A recent storm caused additional damage, necessitating full replacement of the roofing, venting, and gutter systems.

2. Project Need The purpose of this project is to remove and replace approximately 2,388 square feet of roofing with laminated composite 3-tab shingles of commercial quality, square butt style, with a minimum 20-year manufacturer’s warranty. The current roof has five (5) passive roof vents that are required to be replaced with roof windows turbines. Gutters shall be replaced with 5-inch, No. 24 gauge galvanized sheet metal in standard shape.

3. Project Location Heart Butte Dam is located south of Glen Ullin, North Dakota, on Highway 49 in Grant County. (Please be advised Grant County, North Dakota, has recently updated their building/ construction codes).

4. Contractor Requirements The contractor shall comply with all applicable federal, state and county codes.

Tasks include the following:

Demolition and disposal of the existing roofing and gutter systems Evaluation and replacement of roof sheathing as needed Fabrication and installation of new roofing and new gutter systems Evaluate existing attic ventilation Replace five (5) passive roof vents with new roof windows turbines.

5. Scope of Work and Materials Summary:

The contractor shall provide all labor, materials, equipment, and permits necessary to complete the work. Tasks include:

a) The contractor shall provide the type/brand and manufacturer color samples for the roofing materials/shingles and gutters to the Contracting Officer's Representative (COR), whereby the COR will confirm color(s).

b) Remove and dispose of existing roofing, passive roof vents, and gutter materials at an off-site certified disposal facility.

c) Clean and prepare the roof for the new systems.

d) Evaluate existing attic ventilation.

e) Install new roofing and gutter systems in accordance with the manufacturer’s instructions and replace five passive roof vents with new roof windows turbines.

f) Provide a minimum 20-year manufacturer’s warranty for the shingles.

g) Ensure the new system(s):

i. Do not leak,

ii. Are free from defects in materials and workmanship

iii. Are structurally sound and weather-resistant

iv. Are manufacturer color(s) approved by the COR

PERIOD OF PERFORMANCE AND WORK HOURS:

Period of Performance: The overall period of performance is 120 calendar days from the Notice to Proceed. Upon acceptance by the Government (COR) of the required submittals prior to mobilization, the contractor shall mobilize, start and complete all project work within two (2) weeks.

Work Hours: Monday-Thursday, 7:00 AM-5:00 PM (local time). Alternate hours must be coordinated with the COR.

In the event of inclement winter weather, the contractor shall coordinate mobilization and on-site work with the COR.

Roofing Materials:

Laminated composite 3-tab shingles, square butt, commercial quality Synthetic roofing felt, standard grade Ice and water barrier of commercial quality Asphalt start strip Galvanized drip-edges/gutters, No. 26 gauge Galvanized nails and staples Roof windows turbines. (industry standard)

A. Roof

1. Laminated composite shingles shall be 3-tab, square butt, laminated composite shingles of good commercial quality. The color of the shingles will be selected by the government from the manufacturer’s standard colors.

2. Roofing felt shall be synthetic standard grade of good commercial quality.

3. Ice & water barrier shall be of good commercial quality.

4. Asphalt starters shall be of good commercial quality.

5. Drip edges shall be galvanized, no. 26 gage, United States standard gage of good commercial quality.

6. Nails and staples shall be galvanized of good commercial quality.

Prior to applying the synthetic roofing felt underlayment, the contractor shall make sure that all nails have been properly set and are not protruding, that all joints in the roof sheathing are smooth and free of sharp edges, and that the roof is dry and free of all dirt, sawdust, wood chips, or other deleterious objects.

The underlayment shall be installed as soon as possible after the sheathing of the roof is complete. The underlayment shall be lapped a minimum of 2 inches at

The new roof shall adhere to all building codes, Code of Federal Regulations (CFR) and any other applicable federal, state and local codes or regulations.

No ground disturbance is anticipated with this work. Though not anticipated, protective barriers shall be used as needed to protect adjacent vegetation from damage during construction.

the top of all horizontal joints, 4 inches at all end joints, and 6 inches on each side of the ridges and valleys.

Metal drip edges shall be applied to all roof edges. The drip edge shall be applied over the underlayment on the rakes and under the underlayment on the eaves.

The underlayment shall be nailed to the sheathing with large-head roofing nails. It shall be the contractor’s responsibility to ensure the underlayment will remain intact until the shingles have been applied. Any underlayment that is damaged for whatever reason shall be removed and replaced by the contractor at his expense.

Valleys shall be formed by laying a strip of mineral surfaced asphalt face down over the synthetic felt underlayment. The strip shall be a minimum of 18 inches wide. After this strip has been nailed down, a 3-inch-wide band of asphalt plastic cement shall be applied to each edge and a second strip of mineral surfaced asphalt shall be layered with the strips shall be full-length, free of joints, and securely nailed to the roof sheathing.

Either a 1-foot-wide strip of mineral surfaced asphalt or a row of inverted shingles may be used for the shingles starter course. The starter course shall overhang the drip edge slightly and shall be secured to the roof by nailing approximately 3 inches above the edge.

The nails shall be spaced so that they will not be exposed at the cutouts between the tabs of the first course of shingles.

A minimum of four nails or extra-wide crown staples shall be used on each strip of shingles. The shingles shall be aligned carefully to ensure the shingle lines are straight.

Underlayment and shingles shall be sealed around any flanges with adhesive intended for that purpose.

Nails and staples shall be driven straight or just flush with the shingle surface.

Before applying the shingles, a chalk line shall be snapped on each side of the valleys. The valley shall be 6 inches wide at the top and diverge at a rate of 1/8 inch per foot to the eave. Shingles shall be applied up to the chalk line and trimmed off. After the shingle has been trimmed, the upper corner shall be cut off at a 45 degree angle with the valley. Edges of the shingles shall be cemented in place with plastic cement.

Special laminated composite shingles shall be applied to all ridges. Metal ridge rolls will not be allowed.

Gutters Materials and Summary:

5-inch standard shape, No. 24 gauge galvanized sheet metal Fascia hanger straps: No. 20 gauge galvanized metal All joints lapped, riveted, and soldered Slope: ½ inch per 15 feet Hanger straps: Installed every 6 feet

A. Gutters

1. General—the contractor shall furnish all materials and perform all work required to install replacement gutters and gutter covers.

2. Gutters shall be made from not lighter than No. 24 gage, United States standard gage galvanized sheet metal. The gutters shall be standard shape, 5-inch gutters.

3. Fascia hanger straps—Hanger straps shall be No. 20 gage, United State standard gage galvanized steel.

4. Corners, End Caps, etc.—Corners, end caps, etc., shall match the gutter construction as to shape and gage of sheet metal.

5. Installation —The joints of the gutter and end caps shall be lapped, riveted, and soldered. The gutters shall be installed with a slope of approximately ½ inch for every 15 linear feet to ensure proper drainage. The fascia hanger straps shall be installed at approximately 6 feet on center. The metal straps shall be fastened securely in place with galvanized nails or screws.

6. Environmental Protection The contractor shall comply with all federal, state, and local environmental regulations.

Protective barriers must be used to prevent damage to vegetation.

8. Schedule The contractor shall submit a detailed onsite work schedule within 20 days prior to on-site work.

9. Safety and Health The contractor shall 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 damage, witnesses, suspects, or other information.

g. The contractor shall report to the COR 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 Contracting Officer (CO) and Contracting Officer’s Representative (COR) 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 any accident.

10. STOP WORK Policy All personnel have the authority to call a STOP WORK for safety concerns. Work may not resume until the hazard is resolved and approved by the COR.

11. Contractor Quality Control Plan (QCP) The Contractor shall develop and maintain a Quality Control Plan (QCP). The government will monitor performance, but is not responsible for the contractor’s quality control. Deficient work must be corrected at no additional cost.

12. 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 United States of America. The contractor shall abide by all Federal, State, and Local laws pertaining to hiring and assigning tasks to personnel.

A) In accordance with 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).

B) Trucks, vehicles, and personnel shall 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 work site shall abide by all security regulations of the installation.

13. Contractor Furnished The contractor shall provide all labor, equipment, materials, supplies, and permits (if applicable) necessary to meet the requirements of the purchase order. Upon completion of the project work, the contractor shall provide via email to the Contracting Officer and Contracting Officer Representative a copy of the manufacturers’ warranties for the new roof and gutters.

14. Government Furnished Equipment – Information POWER/ELECTRICAL SUPPLY:

The government will provide access to any exterior home electrical outlets for limited 120V AC power for convenience. Extension cords and equipment attached to the Dam Tender’s Home is subject to inspection and approval by Government personnel. 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. If power is needed on the roof, the contractor must supply a portable generator and all necessary cords. Government tools or materials are not provided for use by the contractor. The government does not assume responsibility for providing or maintaining electrical power for the contractor.

15. Use of Site The contractor may use the Bureau of Reclamation land for the required roof replacement construction activities only. The contractor shall coordinate with the Contracting Officer Representative (COR) for staging at the worksite. The contractor shall not interfere with work by other contractors in the work area. Housing for construction personnel is not authorized on the Government land located at the worksite. Porta potties are required to be provided by the contractor for onsite personnel.

16. Construction and Demolition Waste Management The contractor is responsible for proper disposal of all waste.

Reuse or recycle when possible (with COR approval) Dispose of remaining waste at permitted facilities No burying or burning (waste) materials

17. Final Cleanup Remove temporary facilities, rubbish, unused materials, and other similar materials which are not part of the permanent work. Use magnet to collect dropped nails and screws around the home and in the driveway. Final work area conditions shall be returned to original condition.

18. 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.

SUBMITTAL TABLE

*RSN – Required Submittal Number *CO – Contracting Officer *COR – Contracting Officer’s Representative

RSN Clause or Section Title

Submittals Required

Due Date or Delivery Time

Electronic copies to be submitted (via email)

CO COR

1 1452.288-70 Liability Insurance Certificate

Within ten

(10) calendar days after award

2 SOW 12

Security Requirements

& WBR

1452.237-80 Alt III

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

Within ten

(10) calendar days after Notice to Proceed

3 SOW 8

Schedule

Schedule of Onsite Work

Within twenty (20) calendar days after Notice to Proceed

4 SOW 9

Safety and Health &

WBR

1452.223-81

Safety Plan Within twenty (20) calendar days after Notice to Proceed

5 SOW 9

Safety and Health &

WBR

1452.223-81

First Aid and

CPR

Certification of onsite personnel

Within twenty (20) calendar days after Notice to Proceed

6 SOW 5,

Roofing & Gutter Materials

Type of materials and choice of colors

Prior to installation

7 52.222-6 Certified Payroll and Documents

Certified Payroll(s)

For each week of onsite performance

(encrypted)

(encrypted)

8 SOW 5 & 13

Warranties of Shingles & Gutters

Manufacturers’ warranties of both shingles and gutters

Upon completion of work and prior to final payment

1 1

9 1452.204-70 Release of Claims

Release of Claims (DI- 137)

Upon completion of work and with final invoice.

1 1

DK-Dam Tender House Roof Replacement Solicitation No. 140R6026Q0004

CLAUSES

52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014 52.222-6 Construction Wage Rate Requirements (DEVIATION FEB 2025) 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 (DEVIATION FEB 2025) Jul 2005 52.222-10 Compliance with Copeland Act Requirements Feb 1988 52.222-11 Subcontracts (Labor Standards) (DEVIATION FEB 2025) May 2014 52.222-12 Contract Termination-Debarment (DEVIATION FEB 2025) 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

52.236-5 Material and Workmanship 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

52.236-10 Operation and Storage Area Apr 1984 52.236-11 Use and Possession Prior Apr 1984 52.236-12 Cleaning Up Apr 1984 52.236-13 Accident Prevention Nov 1991

Note: Any and all language in the Contract and/or terms with entities, including States, that ban or penalize plastic straw purchase or use are hereby revoked.

52.213-4 Terms and Conditions – Simplified Acquisitions Oct 2025

(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.

(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 (OCT 2025).

(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 (JAN

2025).

(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:

(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 (JAN

2025) ( 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 (OCT

2025) (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 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 23.109(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-

(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) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxiii) 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)).

(xxiv) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (JAN 2025) ( 49 U.S.C. 40118(g)). (Applies to contracts with a U.S.-flag carrier for the transportation by air of passengers; does not apply to contracts awarded by the Department of Defense or contracts for commercial products).

(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, Proposed for Debarment, or Voluntarily Excluded (JAN

2025) (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).

(v) 52.247-34, F.o.b. Destination (JAN 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 postacceptance 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 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.

52.223-2 Reporting Biobased Products Under Service and Construction May 2024 Contracts (DEVIATION FEB 2025)

(a) Definitions. As used in this clause— Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. ( 7 U.S.C. 8101) ( 7 CFR 4270.2).

USDA-designated product category means a generic grouping of products that are or can be made with biobased materials—

(1) That are listed by USDA in a procurement guideline available at https://www.biopreferred.gov/resources/categories.html; and

(2) For which USDA has provided purchasing recommendations (available at https://www.biopreferred.gov ) or 7 CFR part 4270.

(b) The Contractor shall report to https://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any biobased products in USDA-designated product categories purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(c) Submit this report no later than—

(1) October 31 of each year during contract performance; and

(2) At the end of contract performance.

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.

Domestic construction material means—

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

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

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

(A)The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

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

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

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

______none__________________________________________

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1) The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United…