140S0326B0002_SYNAR_IFB_0001.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

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

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

SOLICITATION

1. SOLICITATION NO.

5. REQUISITION/PURCHASE REQUEST NO.

CODE

6. PROJECT NO.

8. ADDRESS OFFER TO

4. CONTRACT NO.

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

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.

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

NEGOTIATED (RFP) REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF

SEALED BID (IFB) INVITATION FOR BID

9. FOR

INFORMATION CALL

PAGES

140S0326B0002

OSMRE Lakewood, CO DOI, Office of Surface Mining & Rec Acquisition Management Branch Building 25 Kipling St & W 6th Ave Lakewood CO 80235

0044039383

S30

Cathy Boulware 3032362935

04/07/2026

04/27/2026

0 349

Synar AML Reclamation CE-023-005

1 29

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 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

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

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

27. PAYMENT WILL BE MADE BY

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

20b. SIGNATURE 20c. OFFER DATE

Continued...

AMENDMENT

NUMBER

DATE.

OSMRE Lakewood, CO DOI, Office of Surface Mining & Rec Acquisition Management Branch Building 25 Kipling St & W 6th Ave Lakewood CO 80235

S30

Cathy Boulware

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

Project Number:

Synar AML Reclamation CE-023-005

Payment Bond and Performance Bonds:

If your construction costs are > $150,000.00, you are required to furnish in duplicate, within 14 days, Performance (Standard Form 25) and Payment Bonds (Standard Form 25a) of 100 percent, with surety of sureties acceptable to the Government.

Contracts > $150,000- (1) Performance bonds.

Unless the contracting officer determines that a lesser amount is adequate for the protection of the Government, the penal amount of performance bonds must equal-

(i) 100 percent of the original contract price;

and (ii) If the contract price increases, an additional amount equal to 100 percent of the increase.

(2) Payment bonds. (i) Unless the contracting officer makes a written determination supported by specific findings that a payment bond in this amount is impractical, the amount of the payment bond must equal-

(A) 100 percent of the original contract price;

and (B) If the contract price increases, an additional amount equal to 100 percent of the increase.

(ii) The amount of the payment bond must be no less than the amount of the performance bond.

These forms are available at https://www.gsa.gov/reference/forms.

NAICS 562910 is applicable.

Davis Bacon Act applies.

Wage determination is attached (ATTACH 2) to award and can be found at http://www.wdol.gov/dba.aspx

Wage determination is attached (ATTACH 2) to award and can be found at http://www.wdol.gov/dba.aspx

Successful lowest bidder must have an ACTIVE

Continued...

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

Registration in the System for Award

Management(SAM). Award will not be made to a contractor that has not satisfied these requirements.

PROJECT MAGNITUDE Between $1 million and $5 million

Bids determined to be materially unbalanced may be rejected. Unit prices are for payment purposes only. Extended prices shall prevail in the evaluation of bids.

SPECIAL NOTICE!

All Office of Surface Mining Reclamation and

Enforcement (OSMRE) Contractors and

Sub-Contractors who receive 10% or more of the contract funding are required under 30 CFR

874.16 to obtain an Applicant/Violator System

(AVS) data evaluation to determine eligibility for award of contracts under the Abandoned

Mine

Lands (AML) Program. The OSMRE's automated

Applicant/Violator System must confirm

Contractor eligibility. Completion of the AML

Contractor Information Form (OMB 1029-0119) is necessary to obtain an AVS data evaluation. All bidders shall complete the AML Contractor

Information Form and submit it with your bid under this solicitation. Attach your AVS printout

(See Part C on the Form) if appropriate. The award of any contract under this solicitation cannot be made until the OSMRE AVS office has processed the form.

As stated above, all Sub-Contractors who receive or are expected to receive 10% or more of the total contract funding (including all modifications) are required to obtain the AVS data evaluation. The evaluation should be obtained prior to the Sub-Contractor performing work equal to or greater than 10% of the contract cost. If the proposed Sub-Contractor is

Continued...

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C) determined not eligible under the AVS evaluation, they shall be replaced by another

Sub-Contractor at no additional cost to the Government. All replacement Sub-Contractor shall be subject to the requirements of this notice.

Delivery Location Code: 0011275557

OSMRE, Tulsa Field Office

1 West Third Street, Suite 1600

Mailbox#43

Tulsa OK 74103-3521 US

00010 Synar AML Reclamation CE-023-005

AML Contractor

SECTION B - SUPPLIES OR SERVICES/PRICES (CONTINUATION)

GENERAL

The United States Department of the Interior, Office of Surface Mining Reclamation and Enforcement (OSMRE) is issuing this Invitation for Bid (IFB) for Construction Services in accordance with the Federal Acquisition Regulation (FAR) FAR part 14, FAR part 19.5 and FAR 36. This is a 100% set aside for small business.

OSMRE is planning to award a single-award Construction services contract for the reclamation of hazardous abandoned coal mine sites. The North American Industry Classification System Code 562910 Remediation Services, with a small business size standard of $25 million dollars and Product Service Code Y1QA Construction of Restoration of Real Property (Public or Private), is applicable to the requirement.

SECTION C - DESCRIPTION/SPECIFICATIONS

BACKGROUND

The Office of Surface Mining Reclama1tion and Enforcement’s (OSMRE) Tulsa Field Office, Interior Region 6 (IR6), Federal Reclamation Program (FRP) requires the services of a construction firm located within 200 miles of Tulsa, Oklahoma to provide construction services for the reclamation of hazardous abandoned coal mine sites. The features at the abandoned coal mine sites consist of dangerous highwall, hazardous water bodies, open shafts, portals, spoil piles, and mine-related subsidence. Other hazards may include venting mine gasses, mine fires, mine facilities, industrial & residential waste, and dangerous impoundments. These abandoned mine land (AML) features can be classified as either an Emergency (sudden danger that has a high probability of causing substantial physical harm to the health, safety, or general welfare of people before it can be abated under normal program operation procedures) or High Priority, as defined in Section 403 of the Surface Mining Control and Reclamation Act (SMCRA) of 1977.

OBJECTIVE

OSMRE is responsible for the reclamation of AML features related to historic coal mining in Oklahoma, which includes Indian Lands affected by historic coal mining. Reclamation projects will be designed and constructed to eliminate: any public safety concerns, potential public or private property damage concerns, and mitigate any environmental impacts as per the OSMRE Handbook on Procedures for Implementing the National Environmental Policy Act (NEPA Handbook).

OSMRE-TFO requires the services of an earthwork construction contractor for the remediation of an AML project site.

SCOPE

TFO proposes utilizing approximately 89 acres of spoils on site to grade and shape the site to conform to the adjacent topography maintaining the current overall flow of stormwater. The project will include eliminating the dangerous highwall and the hazardous water body. Best management practices will be utilized to control erosion and sedimentation. Finally, the disturbed area will be planted to a permanent vegetative cover.

The construction scope of work for this FRP AML project includes (description to be found in attachment 1 Plans and Specs):

• Mobilization

• Clearing and Grubbing

• Air Curtain Incinerator

• Earth Fill (without pumping)

• Fence (5-wire)

• Temporary Fence (3 wire)

• Traffic Bound Surface Course

• Temporary Erosion and Sediment Control

• Rip Rap Type IA (12”)

• Deep Disking

• Permanent Erosion Control

• Seeding

PROJECT SPECIFIC INFORMATION

Attendance at the pre-bid meeting is mandatory for your bid to be considered. The pre-bid meeting is scheduled on Thursday, 04/09/2026, at 10:00 AM local time and may go until 12:00 PM. The meeting will commence at:

GPS coordinates: 36.483453° North, -95.738736° West Legal description: SE/4 of SE/4 Section 7 and Part of SW/4 of SW/4 Section 8, Township 23 North, Range 15 East Rogers County

In the event that archaeological or historic materials are discovered during project activities, work in the immediate vicinity must stop, the area secured, and the concerned tribe’s cultural staff and cultural committee and this office notified.

AML FEATURE AND SAFETY INFORMATION

The Contractor shall comply with all applicable state and federal safety regulations during performance of all work. The Contractor shall have on-site at least one person trained in administration of basic first aid along with the presence of basic first aid supplies and equipment.

Rollover protective structures will be required on the following equipment: crawler and rubber-tired tractors (such as dozers, push-and-pull tractors, winch tractors, tractors with backhoes, and mowers) and off-highway, self-propelled, pneumatic-tired earth movers including scrapers and motor tankers (excluding trucks with cabs). These requirements shall also apply to agricultural and industrial tractors and similar equipment. Equipment shall also be equipped with backup warning devices. Warning devices must be in use throughout the duration of the project.

Contractor shall be solely responsible for safety at the site, including safety of their employees, all others present at the site, and others on property in close proximity to the work site. Contractor shall take appropriate precautions to discourage access by general public at all times during the project.

The Contractor shall be responsible for maintaining a safe flow of traffic around the work areas at all times. Staging of trucks, equipment, etc. on all adjacent roads shall be the responsibility of the Contractor.

STORM WATER POLLUTION PREVENTION PLAN

A Stormwater Pollution Prevention Plan is required for all AML Reclamation Projects.

OSMRE’s responsibility shall be limited to the development of the Storm Water Pollution Prevention Plan (SWPPP). The SWPPP must comply with Oklahoma Department of Environmental Quality (ODEQ) and the Environmental Protection Agency (EPA) SWPPP regulations. A site specific SWPPP Sheet is included in the project plans. For this project, no Storm Water Discharge Permit is required. However, Best Management Practices (BMPs) as shown on the plan sheet must be installed and maintained by the Contractor as specified.

The Contractor shall be responsible for storm water pollution prevention associated with the reclamation activity on the AML site, including but not limited to day-to-day implementation of the SWPPP as specified in the project plans, maintenance of the BMPs and modifications or additions to BMPs as directed by the Inspector or Engineer due to varying field conditions. The specified erosion control measures and other appropriate erosion control measures needed to control storm water discharge during construction shall be installed in a timely manner. Failure to do so shall be cause to suspend all work until the measures are properly in place. Failure of the Contractor to fulfill his responsibilities for implementing the BMPs shall be cause to terminate the contract. The Contractor shall be liable for all penalties and fines imposed by the ODEQ, EPA, or other jurisdictions associated with storm water discharge resulting from failure to comply with the SWPPP.

During rainfall events of 0.5 inches or more, the contractor must be onsite to ensure through observation or required appropriate actions that the prevention erosion protections and sedimentation control measures are performing correctly and effectively.

If the contractor leaves the project for a period of more than 14 days, temporary stabilization practices will be provided by the contractor at no cost to OSMRE. Temporary Stabilization is defined as “the stabilization of exposed portions of the site in order to provide temporary cover in areas where earth-disturbing activities will resume again in the future”

As required in the OKR10 General Permit Section 3.3.2 A. “Initiate the installation of stabilization measures immediately in any disturbed areas where construction activities permanently ceased on any portion of the site or will be temporarily inactive for 14 or more calendar days on any portion of the site. The term ‘immediately’ is used to define the deadline for initiating stabilization measures. In the context of this provision, immediately’ means as soon as practicable, but no later than the end of the next workday, following the day when the earth-disturbing activities have temporarily or permanently ceased.

In addition, OKR10 General Permit Section 3.3.2 B details stabilization criteria that meets the permit requirements.

When the reclamation work has been completed the Contractor shall provide permanent stabilization practices as detailed in the plans and specifications. Contractor will be responsible for establishing permanent vegetative cover prior to final payment.

SECTION D – PACKAGING AND MARKING

NA

SECTION E - INSPECTION AND ACCEPTANCE

1452.236-80 Government Inspector LSM Day-to-day inspection activities will be performed by the Contracting Officer's Representative (COR) or OSMRE Field Representatives.

52.211-16 Variation in Quantity APR 1984 52.246-12 Inspection of Construction AUG 1996

All aspects of the contract work shall be subject to the approval of the Contracting Officer’s Representative. (COR.) Any variance from the site-specific plans shall be approved by the COR and where appliable by the City of Bellevue Engineering Department before the variance work can begin.

SECTION F - DELIVERIES OR PERFORMANCE

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within 1 day of receipt of notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 325 calendar days. The time stated for completion shall include final cleanup of the premises.

52.211-12 Liquidated Damages – Construction (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,500.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.242-14 Suspension of Work APR 1984

SECTION G - CONTRACT ADMINISTRATION DATA

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014

PERIOD OF PERFORMANCE

It is anticipated that the period of performance for this requirement will be from 05/04/2026 – 05/03/2027. Contract time for this job is 349 calendar days for construction, which includes 4 calendar days for non-work holidays

POINT OF CONTACT

Contracting Officer: The Contracting Officer (CO) for this effort is as follows:

Cathy Boulware U.S. Department of the Interior Office of Surface Mining Reclamation and Enforcement PO Box 25065 Denver, CO 80225 Cathy_boulware@ios.doi.gov

Contracting Officer’s Representative: The Contracting Officer’s Representative (COR) for this effort is as follows:

To be determined at award.

Technical Representative: The Technical Representative for this effort is as follows:

To be determined at award.

QUESTIONS

All questions, inquiries and correspondence regarding any aspect of this IFB shall only be submitted via email to the Government Contracting Officer listed above. All questions shall be submitted no later than 12:00pm ET 04/17/2026. Responses will be posted via SAM.gov no later than 04/22/2026.

The Government shall not be liable for any costs incurred by vendors in preparing or submitting a response to this IFB.

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING

PLATFORM (IPP) (FEB 2021)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Internet Payment Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Hard copy of invoice shall be submitted to the COR and CO for approval, prior to submission into IPP.

Please upload hard copy of invoice.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone

(866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

INVOICE SUBMISSION

The vendor must submit an invoice for payment no later than 30 calendar days after the end of the month of performance of services for each month services are performed. The vendor must notify the contracting officer in writing if the invoice will not be submitted within the specified time frame. Invoices MUST be submitted ELECTRONICALLY. HARD COPIES OF INVOICES WILL NOT BE PROCESSED.

The contractor is responsible for ensuring invoices submitted are accurate and complete, and all labor, travel and other direct costs are in accordance with federal guidelines, the Federal Travel Regulations and other Government mandates and directives. Additional supporting documentation MAY BE REQUESTED at the discretion of the COR.

INVOICE CONTENTS

For Fixed-Price Contract Line Item Numbers (CLINs), detailed pricing will be provided per deliverable.

Invoices will be submitted upon successful delivery and Government acceptance of each deliverable. The contractor shall develop a payment schedule based on deliverables which will be reviewed by both the COR and CO. If the payment schedule is acceptable to the Government, the contractor shall bill based on the deliverable schedule accepted by the Government. Resulting orders will indicate the payment schedule accepted by the Government.

The invoice will contain the following:

A) CLIN/Item number of deliverable B) Description of deliverable C) Price of deliverable D) Qty of deliverable E) Date deliverable was provided to the Government for inspection.

F) Serial number/part number if applicable G) Cumulative CLINs delivered and cumulative paid on delivered CLINS H) Travel costs (Not to Exceed) - must include the name of the traveler, travel itinerary, purpose of travel (event, exercise, workshop, etc), and any other documentation requested by the COR for Finance/Administration. A copy of the approved travel request form is to be attached for reference.

INVOICE PAYMENT

Payments under this Order will be due 14 calendar days after the date of actual receipt of proper invoice in the office designated to receive the original invoice or final acceptance of the goods or services, whichever is later.

All payments will be made via electronic funds transfer (EFT). The date of payment by wire transfer through the Treasury Financial Communications System shall be considered to be the day payment is made.

FINAL INVOICE

Within sixty (60) calendar days of product acceptance and/or completion of services for each awarded Order:

a) The contractor shall submit a final invoice designated as such by a clear statement of “FINAL INVOICE” on the face of the invoice document.

b) The contractor shall provide a certificate of completion which certifies all goods and service have been provided as required by the SOW issued with each awarded Order.

c) The contractor shall provide a release of claims against the Government for any further payment under the awarded Order.

The sixty (60) calendar day submission timeframe shall not be extended without written authorization from the CO. In the event items a, b, or c above are not submitted within the authorized timeframe, the CO will make final cost determinations in order to make final payment and close out the contract unilaterally.

1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

1452.228-70 Liability Insurance (JUL 1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$500,000 each person

$1,000,000 each occurrence

$500,000 property damage

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

SECTION I - CONTRACT CLAUSES

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

52.204-7 System for Award Management NOV 2024 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

JAN 2025

52.211-13 Time Extensions SEP 2000 52.214-26 Audit and Records-Sealed Bidding JUN 2020 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data-

Modifications-Sealed Bidding

JUN 2020

52.214-29 Order of Precedence - Sealed Bidding JAN 1986 52.219-6 Notice of Total Small Business Set-Aside (and Alternate I MAR 2020) NOV 2020 52.219-8 Utilization of Small Business Concerns JAN 2025 52.219-14 Limitations on Subcontracting OCT 2022 52.219-28 Post-Award Small Business Program Representation JAN 2025 52.222-3 Convict Labor JUN 2003 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 Davis-Bacon and Related Act Regulations MAY 2014 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for Construction APR 2015 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Affirmative Action for Workers with Disabilities JUN 2020 https://www.acquisition.gov/far/

52.222-37 Employment Reports on Veterans JUN 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-55 Minimum Wages Under Executive Order 13658 JAN 2022 52.223-2 Reporting of Biobased Products Under Service and Construction

Contracts (Deviation)

MAY 2024

52.225-13 Restrictions on Certain Foreign Purchases. FEB 2021 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving MAY 2024 52.227-1 Authorization and Consent. JUN 2020 52.227-4 Patent Indemnity--Construction Contracts. DEC 2007 52.228-2 Additional Bond Security. OCT 1997 52.228-11 Individual Surety - Pledges of Assets. FEB 2021 52.228-12 Prospective Subcontractor Requests for Bonds. DEC 2022 52.228-13 Alternative Payment Protections. JUL 2000 52.228-14 Irrevocable Letter of Credit. NOV 2014 52.228-15 Performance and Payment Bonds – Construction. JUN 2020 52.232-23 Assignment of Claims. MAY 2014 52.232-27 Prompt Payment For Construction Contracts. JAN 2017 52.232-33 Payment by Electronic Funds Transfer – System for Award Management. OCT 2018 52.233-1 Disputes. MAY 2014 52.233-1 Alt 1

Disputes. DEC 1991

52.233-3 Protest after Award. AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim. OCT 2004 52.236-2 Differing Site Conditions. APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work. APR 1984 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

52.236-10 Operations and Storage Areas. APR 1984 52.236-11 Use and Possession Prior to Completion. APR 1984 52.236-12 Cleaning Up. APR 1984 52.236-13 Accident Prevention. NOV 1991 52.236-16 Quantity Surveys. APR 1984 52.236-26 Preconstruction Conference. FEB 1995 52.243-4 Changes JUNE 2007 52.243-5 Changes and Changed Conditions. APR 1984 52.246-21 Warranty of Construction. MAR 1994 52.249-2 Termination for Convenience of the Government (Fixed Price) APR 2012 52.249-10 Default (Fixed-Price Construction) APR 1994

52.202-1 Definitions (JUN 2020)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless-https://www.acquisition.gov/far/part-2#FAR_2_101

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;

(d) The word or term is defined in FAR part 31, for use in the cost principles and procedures; or

(e) The word or term defines an acquisition-related threshold, and if the threshold is adjusted for inflation as set forth in FAR 1.109(a), then the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment; see FAR 1.109(d). (End of clause)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(Jan 2017)

(a) Definitions. As used in this clause--

“Internal confidentiality agreement or statement” means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

“Subcontract” means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

“Subcontractor” means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with 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) use of funds appropriated (or otherwise made available) https://www.acquisition.gov/far/part-31#FAR_Part_31 https://www.acquisition.gov/far/part-1#FAR_1_109 https://www.acquisition.gov/far/part-1#FAR_1_109 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/FAR02.doc#s21 is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

52.225-9 Buy American-Construction Materials (OCT 2022)

a) Definitions. As used in this clause—

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

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

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

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

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

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

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

Cost of components means—

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

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

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

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

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

Domestic construction material means—

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

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

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

(A)The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for 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 States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

(3)The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.

(1)The cost of a particular domestic construction material that is a critical item or contains critical components, 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 plus the additional preference factor identified for the critical item or construction material containing critical components listed at

FAR 25.105.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/12.505#FAR_12_505

(2)For construction material that 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 does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.

(3)The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description

Unit of measure

Quantity Price (dollars) *

Item 1 Foreign construction material

Domestic construction

Item 2 Foreign construction

Domestic construction

[* Include all delivery costs to the…