IFB_Ts_Cs_SYNAR_AML_REVISED_0002.pdf

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,in 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 NOT 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

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-

(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) 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.

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.

(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 construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(Deviation)” after the date of the clause.

(b) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(Deviation)” after the name of the regulation.

Release of Claims - Department of the Interior (JUL 1996) DIAR 1452.204-70 After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this BPA and any subsequent BPA Orders issued. The Release of Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release. The form may be found at:

http://www.doi.gov/nbc/formsmgt/forms/di137.pdf .

Service of Protest -- Department of the Interior (JUL 1996) (Deviation) DIAR 1452.233-2

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Cathy Boulware Contracting Officer, OSMRE Cathy_boulware@ios.doi.gov

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(c) A copy of the protest served on the Contracting Officer shall be simultaneously furnished by the protester to the Department of the Interior Assistant Solicitor for Acquisition and Intellectual Property, 1849 C Street, NW, Room 6456, Washington, D.C. 20240.

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

List of Attachments Attachment 1 – Plans and Specifications Attachment 2 – DOL Wage Determination WA20200070 Attachment 3 – BID Schedule – SUBMIT WITH BID Attachment 4 – CONSTRUCTION Schedule – SUBMIT WITH BID Attachment 5 – AML Contractor Information Form - SUBMIT WITH BID Attachment 6 – Payment Bond SF25A Attachment 7 – Affidavit of Individual Surety SF28a Attachment 8 – Bid Bond SF24-16 – SUBMIT WITH BID Attachment 9 – Qualifications Statement – SUBMIT WITH BID Attachment 10 – Performance Bond SF25

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

BIDDERS)

52.204-8 Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 562910.

(2) The small business size standard is $39.5M.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

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

(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more…