6982AF25Q000016 GEOTECHNICAL DRILLING CO FTNP ROMO 407(1) Holzwarth Culvert.pdf

REQUEST FOR QUOTATION (RFQ)

Issuing Office: United States Department of Transportation

Federal Highway Administration (FHWA) Central Federal Lands Highway Division (CFLHD) 12300 W. Dakota Ave.

Lakewood, CO 80228

Agency Contact: Chinh Le, Contract Specialist Email: chinh.le@dot.gov

Solicitation Number: 6982AF25Q000016

Title: GEOTECHNICAL DRILLING

CO FTNP ROMO 407(1) – Holzwarth Culvert

Solicitation Release Date: JULY 30, 2025

Technical Questions Due Date: AUGUT 07, 2025, 2:00 P.M. MOUNTAIN TIME

Quotation Due Date: AUGUST 15, 2025, 2:00 P.M. MOUNTAIN TIME mailto:chinh.le@dot.gov

PART I

RFQ INFORMATION

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This is an OPEN-MARKET Firm Fixed Price (FFP) RFQ. This solicitation is prepared in accordance with Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, in conjunction with the policies and procedures for solicitation, evaluation, and award as prescribed in FAR 13, Simplified Acquisition Procedures. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2025-04.

This solicitation is a Small Business Set-Aside, and the North American Industry Classification System (NAICS) code is 541380 with an industry size standard of $19.0. A responsible quoter is one whose quotation conforms to the solicitation and will be most advantageous to the Government. It is the contractor’s responsibility to be familiar with applicable clauses and provisions. FAR Provisions and Clauses may be viewed and/or downloaded from http://www.acquisition.gov/far.

All contractors must have a current active registration in the System for Award Management (www.SAM.gov) at the time of quote submission in order to be eligible to receive an award under this RFQ.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.acquisition.gov%2Ffar%2Fpart-12%23FAR_Subpart_12_6&data=04%7C01%7CGuang.Zeng%40dot.gov%7C68957b5b50704ad2a1a708d903fb8ffe%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C637545201247686703%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=TjJ31lOZijSyRTCBmMlSCkBGbs9NKPSGlWGUBN4SN%2Bs%3D&reserved=0 http://www.acquisition.gov/far http://www.sam.gov/

INSTRUCTIONS FOR PREPARATION OF QUOTATIONS

In responding to this RFQ, quotations MUST include the following:

1. Price Quote: Submitted pricing in the format of the Contract Line-Item Number (CLIN)

Structure table shown in Part II.

2. Organizational Information: Quotations shall include the following mandatory business information regarding your company in the body of the cover email message:

a. Confirmation your company accepts government purchase orders.

b. Business Size (Small, Woman-Owned, Disadvantaged, Hub-Zone, Large, Non- Profit, etc.)

c. Payment Terms (Government Standard is NET 30)

d. Unique Entity Identifier (Generally referred to as the Data Universal Numbering System (DUNS)

Number)

e. Federal Tax Identification Number (TIN) (9-Digits)

f. Correct Mailing Address for the order (include name, telephone, email address);

Note: Mailing address and entity name shall match the information in www.sam.gov

g. Verification company information listed in the System for Award Management (SAM) current and accurate? https://www.sam.gov/SAM/

3. Instructions for Preparation of Quotations: Quotations shall be submitted electronically as Adobe (.pdf) files with the technical capability, pricing, past performance and organizational information sections submitted in a SINGLE email whose size shall not exceed 10 Megabytes.

4. Evaluation of Quotations: The Government intends to evaluate quotes and make a lowest price technically acceptable award. A verification of past performance will be completed.

NOTE: Failure to furnish all information required above may result in your quotation being considered non-responsive and eliminated from further consideration.

http://www.sam.gov/ https://www.sam.gov/SAM/

PART II

SCHEDULE OF SERVICES

GEOTECHNICAL DRILLING – CO FTNP ROMO 407(1) – Holzwarth Culvert

The Contractor shall furnish all supplies/services to perform the tasks described under this request for quotation entitled, Geotechnical Drilling – CO FTNP ROMO 407(1) – Holzwarth Culvert. The Contractor shall furnish all supplies/services in support of the mission of the FHWA.

This is a SMALL BUSINESS SET-ASIDE, FIRM-FIXED PRICE REQUIREMENT.

Request for Quotation and Quoters shall quote a total price breakdown utilizing the CLIN chart below.

Supplies/Services Unit of Measure Estimated Quantity

Unit Price

Sub- Total

Mobilization/Demobilization - Truck Mounted Drill Lump Sum Private Utility Locate Lump Sum Down Hole Hammer System (System includes compressor) Feet 90 Core Drilling Feet 20 HSA Drilling Feet 10 SPT Samples Each 20 Water truck or trailer Day Water truck or trailer mob/demob Lump Sum Water haul Hour Stand-by rate for drill crew and equipment Hour On-site move rate for drill crew and equipment Hour Drill Crew Travel between Lodging & Job Site Hour Per Diem (Drill Crew) Person-Day Supplies - 5 Gallon Buckets with Lids Each/Lump Sum 3 Supplies - Core Boxes Each/Lump Sum 4

TOTAL

NOTE: Unless otherwise negotiated and approved, the contractor will be paid the FFP of each CLIN upon successful completion and Government acceptance. The contractor may also request milestone payments in accordance with work completed and accepted by the Government. Satisfactory completion and acceptance will be made by the Government.

PART III

GEOTECHNICAL DRILLING SCOPE OF WORK

Project Name: CO FTNP ROMO 407(1) – Holzwarth Culvert

Project Locations and Descriptions:

The Federal Highway Administration, Central Federal Lands Highway Division, in partnership with the National Park Service, is replacing the existing Holzwarth Culvert structure. Holzwarth Culvert is a six-barrel CMP that has been designated as deficient due to corrosion issues and significant undermining of the barrels and headwall. The replacement structure will have improved resilience, accommodate greater flows, and allow large debris to pass through.

The project site is located on the western side of Rocky Mountain National Park, north of Grand Lake, CO. Holzwarth culvert is located on Holzwarth Access Road approximately 1 mile south of Timber Creek Campground. The access road and structure provide access to park employee housing and offices, the Holzwarth historic site, and both National Park Service and US Forest Service recreation opportunities. An interactive map of Rocky Mountain National Park can be found here. The existing structure location and dimensions are summarized in Table 1 below. Maps of the project vicinity and boring locations are presented in Figures 1 – 3 below.

Table 1: Existing Structure Information

Name Coordinates Structural Measurements Driving Lane

Width Latitude Longitude Length Width Holzwarth Culvert 40.3716139 -105.858881 38’-8” 12’-2” 8’-2” https://www.nps.gov/romo/planyourvisit/maps.htm

Figure 1: Project Vicinity Map.

Figure 2: Project Location.

Project Location

Figure 3: Approximate Borehole Locations.

Scope of Work:

This scope of work is intended to cover geotechnical borings associated with the design and construction of the Holzwarth Culvert project. The borings will provide subsurface information that will aid in foundation design of the new structure. This investigation is anticipated to include two (2) geotechnical borings: BH25-01 and BH25-02. Table 2 below provides a summary of the field exploration program.

The summary includes the exploration designation, borehole purpose, borehole location, and assumed exploration depth.

Table 2: Summary of Field Exploration Program

Approximate Location

Length of HSA

(ft)

Length of DTH (ft)

Length of

Coring (ft)

Total

Depth (ft) Exploration Designation Purpose Longitude

(deg) Latitude (deg)

BH25-01 Bridge Abutment 40.3715944 -105.858842 5 45 10 60 BH25-02 Bridge Abutment 40.3716139 -105.859022 5 45 10 60 Notes:

- Footages are assumed and may be adjusted during drilling based on subsurface conditions.

- Exploration locations may be adjusted during drilling based on drill rig accessibility and underground utility location.

Auger-type drilling will be used to advance through the first 5 feet of overburden. A bulk sample from the first 5-ft of overburden will be collected for FHWA’s pavements and materials group. Due to the anticipated presence of cobbles and boulders, down-the-hole hammer (DTH) (ODEX or similar) drilling will be used to continue advancing the borehole past 5 feet. Auger drilling is required within the first 5 feet (or practical auger refusal) in order to obtain a representative bulk sample that has not been broken down and pulverized due to DTH drilling. HQ3 wireline coring will be utilized if rock is encountered, and a minimum of 10 feet of rock core will be collected. Borings will be advanced to the anticipated total depth regardless of whether bedrock is encountered or not.

Anticipated Soil Conditions:

It is anticipated that the overburden soils in the area will consist of engineered fill overlying alluvium consisting of sandy soils with gravel with cobbles. Cobbles up to approximately 1-foot in diameter were observed in the streambed during the scoping visit. Potential for larger boulders in the subsurface is likely. Due to borehole proximity to the Colorado River, groundwater is assumed to be shallow and there may be potential for flowing sands. Depth to bedrock is unknown. If encountered, bedrock is likely to be metamorphic, consisting of a schist or gneiss. A map and description of the geology in the project vicinity is presented in Figure 4.

Figure 4: Geology Map and Legend.

Drill Rig Accessibility:

Drilling will take place within the existing roadway and will be accessible by a standard truck-mounted rig. The approach road is composed of gravel and has an average width of 12’-0” to 12’-6”. The existing culvert consists of one traffic lane with a clear opening of 8’-2” inside edge of headwall to inside edge of headwall, and an out-to-out width of 12’-2” (see Figure 10). The load rating for the existing culvert structure is presented in Figure 5. The selected drill rig must not exceed the width and load rating of the structure to ensure access to all borings. No trucks, trailers, or any other equipment is allowed to enter the Holzwarth Historic Site. A 3+ point turn may be performed at the stem of the loop road circumventing the site. All equipment must remain on established roadways. A map of the ingress/egress route and pictures of the approach road and existing structure are presented in Figures 6 – 10.

The drill rig may be left in place overnight; however, the rig should be secured in case any park visitors violate the area closure.

Figure 5: Holzwarth Culvert Load Rating from Bridge Inspection Report.

Figure 6: Holzwarth Culvert Ingress/Egress Route. Turnaround location indicated by a red circle.

Figure 7: Looking East Towards Parking Area.

Figure 8: Looking West Towards Culvert.

Figure 9: Holzwarth Culvert Crossing.

Figure 10: Holzwarth Culvert Crossing.

Traffic Control:

Traffic control will not be needed for this project as Holzwarth Access road will be closed to the public and park staff during drilling.

Water Access:

The National Park has the capacity to supply a few thousand gallons of water for drilling operations. The Park has requested a few weeks’ notice be provided prior to any water withdrawn (coordinate with FHWA). Water will be available at the west NPS headquarters.

If water from the NPS is not elected/unable to be used, water must be procured off site and is the responsibility of the contractor.

Cleanliness of Site and Environmental Impact:

The site is immediately adjacent to the Colorado River and other potential waters. It is the responsibility of the driller to collect and dispose of any drilling mud or slurry. It is allowable to backfill the completed borings with cuttings from drilling. It may be prudent to bring bags of bentonite, or similar material, if insufficient drill cuttings are produced to completely backfill the borings. It is imperative that any cement-bentonite grout or drilling lubricant be contained within a five-foot radius of the drilling location. Additionally, no material shall be washed or otherwise be allowed to enter the adjacent waters or any other area (upland) where it has the potential to migrate off-site. All contractors working on public lands will follow the applicable agency’s rules and guidelines pertaining to environment and cleanliness.

Prior to drilling activities, sensitive areas to be avoided will be marked by the NPS archeologist. No work will be permitted within the marked areas. Equipment and materials staging areas will avoid known archeological resources.

In the event of the discovery of unanticipated cultural resources, work will halt and the NPS archeologist will be contacted. Work will not resume until archeologist gives approval to resume.

Utility Locates:

The drilling contractor is responsible for requesting public and private utility clearances. Private utility locates are required as there are electrical utility vaults located along the South side of the road alignment. A photo of the utility vaults can be seen in Figure 11. FHWA has provided coordinates for the approximate borehole locations and can provide additional location details if requested.

Coordination with FHWA will be required for site access.

Figure 11: Electrical Utility Box on South Side of Roadway.

Borings and Sampling:

A combination of HSA, DTH, and HQ3 core drilling will be used for the subsurface exploration. Within the overburden, planned sample frequency will be every five (5) feet, with potential to vary at depth, using an SPT sampler provided by the contractor. If an obstruction (i.e., cobble, boulder) is located at the five-foot interval, and the sampler refuses to advance, drilling will commence, and a sample will be taken as soon as the hole passes the obstruction. Hammer calibration must be within 1 year of the date drilling is performed. Grab samples will be collected if significant changes in the subsurface are noted between drive samples. Photos will be taken of all drive samples. The soil samples will be sealed and labeled in double bagged 1-gallon sample bags. Two bulk samples will be collected in 5-gallon buckets from drill cuttings in the first 5 feet of each boring.

If bedrock is encountered, the boring will be advanced using HQ3 wireline tooling with the ability to advance through bedrock such as schist and granite. Continuous core samples will be collected and stored in core boxes.

The drilling contractor will provide three 5-gallon buckets with lids for sample collection and four core boxes.

Miscellaneous and Scheduling:

Bathrooms are available on site by the parking lot. FHWA will provide personnel on-site to determine the boring locations and depths, log the borings, and collect samples.

In the instance a high rain event occurs, or is forecasted, drilling equipment must be moved to allow NPS maintenance crews to access the site to clear debris from the channel and/or structure.

Work is anticipated to take place in the Summer of 2025 as agreed upon by the FHWA and the drilling contractor. Drilling may not take place on Fridays or the weekends.

Please provide costs pertaining for the following:

1. Mobilization/Demobilization (Lump sum).

2. Private utility Locate (Lump sum).

3. HSA drilling rate (BH25-01, BH25-02) (per foot). Estimate 10 linear feet.

4. DTH drilling rate (BH25-01, BH25-02) (per foot). Estimate 90 linear feet.

5. HQ3 core drilling rate (BH25-01, BH25-02) (per foot). Estimate 20 linear feet.

6. SPT sample cost (BH25-01, BH25-02). Estimate 20 SPT samples.

7. Stand-by rate due to weather (please provide an hourly rate less than drilling rate to be paid if needed).

8. On-site move rate (please provide an hourly rate less than drilling rate to be paid if needed).

9. Per diem based on CONUS (daily rate per person) (https://www.gsa.gov/travel/plan-book/per-diem-rates).

10. Rough estimate of misc. expenses (4 core boxes, 3 buckets with lids, bentonite, etc.).

11. Water truck or trailer with an appropriate capacity to handle the drilling conditions and an adequately powered pump (daily rate).

12. Business Classification, and DUNS Number.

Other notable items: Davis Bacon wages are not applicable as this is a service contract and not a construction contract. Work schedule to be determined but 10 to 12-hour days likely.

Should you have any questions please contact Brendan McGarity, E: Brendan.mcgarity@dot.gov | O: (720) 963-3427 | C: (202) 672-3874.

https://www.gsa.gov/travel/plan-book/per-diem-rates https://www.gsa.gov/travel/plan-book/per-diem-rates mailto:Brendan.mcgarity@dot.gov

PART V

FEDERAL ACQUISITION REGULATION (FAR) AND TRANSPORTATION

ACQUISITION REGULATION (TAR) PROVISIONS AND CLAUSES

PROVISIONS

FAR & TAR PROVISIONS INCORPORATED BY REFERENCE

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at https://www.acquisition.gov/far

52.204-7 System for Award Management (Nov 2024) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.212-1 Instructions to Offerors -- Commercial Products and Commercial Services

(Sep 2023) 52.212-3 Offeror Representations and Certifications -- Commercial Products and

Commercial Services (May 2024)(DEVIATION FEB 2025)

FAR & TAR PROVISIONS IN FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential https://www.acquisition.gov/far component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

1252.237-71 -- Certification of Data (Nov 2022)

(a) The offeror represents and certifies that to the best of its knowledge and belief, the information and/or data (e.g., company profile; qualifications; background statements;

brochures) submitted with its offer is current, accurate, and complete as of the date of its offer.

(b) The offeror understands that any inaccurate data provided to the Department of Transportation may subject the offeror, its subcontractors, its employees, or its representatives to:

(1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) enforcement action for false claims or statements pursuant to the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801-3812 and 49 CFR part 31 and/or; (3) termination for default or for cause under any contract resulting from its offer and/or; (4) debarment or suspension.

(c) The offeror agrees to obtain a similar certification from its subcontractors and submit such certification(s) with its offer.

Signature:

Date:

Typed Name and Title:

Company Name:

This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.

(End of provision)

52.252-5 Authorized Deviations in Provisions. (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(End of provision)

CLAUSES

FAR CLAUSES INCORPORATED BY REFERENCE

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

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial

Services (Nov 2023) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar

2023)

TAR CLAUSES INCORPORATED BY REFERENCE

The following Transportation Acquisition Regulation (TAR) clauses are incorporated by reference. The full text of the clauses can be accessed electronically at https://www.transportation.gov/assistant-secretary-administration/procurement/tar-part-1252-solicitatons-provisions-and-contract

1252.201-70 Contracting Officer's Representative (Nov 2022) 1252.223-70 Removal or Disposal of Hazardous Substances -- Applicable Licenses and

Permits (Nov 2022) 1252.223-71 Accident and Fire Reporting (Nov 2022) 1252.237-73 Key Personnel (Nov 2022) 1252.242-72 Dissemination of Contract Information (Nov 2022)

FAR & TAR CLAUSES IN FULL TEXT

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders -- Commercial Products and Commercial Services (JAN

2025)(DEVIATION FEB 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

https://www.transportation.gov/assistant-secretary-administration/procurement/tar-part-1252-solicitatons-provisions-and-contract https://www.transportation.gov/assistant-secretary-administration/procurement/tar-part-1252-solicitatons-provisions-and-contract

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C.

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

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (6)[Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II)

__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

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

__(ii) Alternate I (Dec 2023) of 52.204–30

_X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JAN 2025) (31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (14)[Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (Oct 2022) (15 U.S.C.657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17)[Reserved]

_X_ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

__ (ii) Alternate I (Mar 2020

__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (20) Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637(d)(4))

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

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__ (v) Alternate IV (JAN 2025) of 52.219-9

__ (22) (i)52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (MAR 2020) of 52.219-13.

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637(a)(14)).

__ (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

_X_ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

_X_ (31) 52.222-3, Convict Labor (June 2003) (E.O.11755).

_X_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2025).

__ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (34) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

_X_ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (July 2014) of 52.222-36.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057715 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057730 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057758 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057823 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057902 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057947 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055332 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055664 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055713 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056230 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056250

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

__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) 22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (40) 52.222-54, Employment Eligibility Verification (JAN 2025) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671).

__ (44) 52.223-20, Aerosols (May 2024) (E.O. 13693).

__ (45) 52.223-21, Foams (May 2024) (E.O. 13693).

_X__ (46) 52.223-23, Sustainable Products and Services (MAY 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l)(DEVIATION FEB 2025).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

_X_ (48) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

_X_ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (Reserved)

__ (iii) Alternate II (JAN 2025) of 52.225-3.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056265 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056304 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056535 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056535 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056753 https://www.acquisition.gov/content/part-22-application-labor-laws-government-acquisitions#i1095479 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053138 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053138 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053180 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053196 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_223_20 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id1668D08086F https://www.acquisition.gov/far/52.223-23#FAR_52_223_23 https://www.federalregister.gov/executive-order/14057 https://www.govinfo.gov/link/uscode/7/8102 https://www.govinfo.gov/link/uscode/7/8102 https://www.govinfo.gov/link/uscode/42/6962 https://www.govinfo.gov/link/uscode/42/8259b https://www.govinfo.gov/link/uscode/42/7671l https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053372 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446

__ (iv) Alternate III (Feb 2024) of 52.225-3.

__(v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_X_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021)

__ (67) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C.4505, _X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_X_ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

_X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service…