A10_Atch_1_1240LN26Q0003_Water_Dmg.docx

Attachment 1 - Solicitation Terms and Conditions Solicitation Number:

Water Treatment Facility

1240LN26Q0003

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Part 12. This announcement constitutes the only solicitation; offers are being requested, and a separate written solicitation will not be issued.

Solicitation number 1240LN26Q0003 is issued as a Request for Quotation (RFQ) for improvements to existing water treatment facility at the Monument Fire Center.

This acquisition is set-aside for small business concerns. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

The applicable North American Industry Classification Standard Code is 236220, The small business size standard is 45M This acquisition is a Total Small Business Set-Aside. All responsible sources may submit a quotation which will be considered by the agency.

Statement of Requirement Improvements to existing water treatment facility at the Monument Fire Center. The water treatment facility supplies potable drinking water to the fire center staff. Due to the periodic presence of soluble lead in the well water, the Government is required to add Optimal Corrosion Control Treatment (OCCT) to the water treatment facility to comply with Colorado Department of Public Health and Environment (CDPHE) regulations

Overall Total ____________

Federal Acquisition Regulation (FAR) and United States Department of Aquiculture Acquisition Regulation (AGAR) Clauses and Provisions The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation. The terms and conditions set forth herein supersede all other terms and conditions. Acceptance of the order in accordance with (IAW) FAR 12.201-1(b)(2) constitutes acceptance of all terms and conditions contained herein.

As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

52.252-2 Clauses Incorporated by Reference Feb 1998 This solicitation 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 the clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

This is a commercial construction acquisition. FAR 52.212-4 is amended as follows:

(b) Inspection/Acceptance. Inspection and Acceptance will be conducted in accordance with FAR 52.246-12, Inspection of Construction (Aug 1996).

(o) FAR 52.246-21, Warranty of Construction is applicable to this contract.

☐ Alternate I (Nov 2025) of 52.222-50

☐ Alternate I (Nov 2025) of 52.240-91 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025)

The following clauses are applicable if checked:

☐ Alternate I (Mar 2020).

☒ 52.222-35 Equal Opportunity for Veterans (Nov 2025) ☐ Alternate I (Jul 2014) of 52.222-35 ☒ 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025) ☐ Alternate I (Jul 2014) of 52.222-36

☐ Alternate I (May 2008) of 52.223-9

☒ Alternate II (Nov 2025) of 52.240-92

The Contractor shall comply with the following FAR Clauses for Commercial Construction.

The following clauses are applicable when checked:

Other Applicable Clauses

AGAR Clauses

452.204–70 Modification for Contract Closeout (Nov 2025)

(a) If unliquidated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (Contracting Officer) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The Contracting Officer shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) Upon contract closeout for contracts utilizing SAP: if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The Contracting Officer may also request a “Contractor Release of Claims” be completed by the contractor, although not required for contracts and orders using SAP.) If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 60 days, the Contracting Officer shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(c) Upon contract closeout for contracts utilizing anything other than cost reimbursement, if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and a ‘‘Contractor Release of Claims’’ and will be required to provide a signature on both forms. If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 120 days, the Contracting Officer shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(End of Clause)

452.203-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (Dec 2025)

(a) By entering into this contract, the Contractor certifies that:

It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution, and it will remain compliant for the duration of the contract.

Neither it nor any subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S. Constitution, and the Contractor and any subcontractor or teaming partner will not do so for the duration of the contract.

(b) If the Contractor participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, the Contractor certifies that it will remain compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.

(c) The Contractor affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the Contractor is not eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.

(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.

(e) Submission of a knowing false statement relating to Contractor’s compliance with the above requirements and/or eligibility for the contract may subject the Contractor to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.

(f) The Contractor must include the provisions of this clause in all subcontract solicitations.

(g) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.

(End of Clause)

452.232-71 Progress Payments for Commercial Construction Contracts (Dec 2025)

(a) Contractor entitlement to progress payments. The Contractor may request progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished that meets the standards of quality established under the contract, as approved by the Contracting Officer.

(b) Computation of amounts. Progress payments will be authorized when the payment requested is properly due in accordance with this contract; the work will be performed in accordance with the contract; and there has been no impairment or diminution of the Government’s security under this contract. The Contracting Officer may authorize consideration of:

Materials delivered on site and preparatory work;

Materials delivered to the Contractor at locations other than the site, if:

Specifically authorized by the contract; and The Contractor provides satisfactory evidence of title and intended use in the contract.

(c) Contractor request for progress payments. The Contractor’s request for progress payments shall include the following:

1. An itemization of the amounts requested, related to the various elements of work required by the contract;

A listing of the amount included for work performed by each subcontractor;

A listing of the total amount of each subcontract;

A listing of the amounts previously paid to each subcontractor; and Additional supporting data in a form and detail required by the Contracting Officer.

(d) Contractor Certification. Each request for progress payment shall be accompanied by the following certification:

I hereby certify, to the best of my knowledge and belief, that—

1. The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

1. All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

1. This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

1. This certification is not to be construed as final acceptance of a subcontractor’s performance.

________________________________________________(name) ________________________________________________(title) ________________________________________________(date)

(e) Access for verification of payment entitlement. To verify the Contractor’s entitlement to progress payments under this contract, the Contractor shall provide the Government, upon request and during normal business hours, access to the following:

1. Records and Documentation:

1. Certified progress payment requests and supporting documentation;

1. Subcontractor and supplier invoices, payment records, and lien waivers;

1. Updated schedule of values and progress schedules;

1. Quality assurance and inspection reports;

1. Payroll records, if applicable under labor provisions.

Facilities and Worksite Access:

1. Physical access to the construction site for inspection of work progress;

1. Access to off-site storage locations for materials billed but not yet incorporated into the work; or

1. Access to any fabrication facilities where contract-related work is being performed.

Access to electronic invoicing or project management systems used to track progress and payments, if such systems are used in contract performance.

(f) Dates for payment. A progress payment under this clause is a contract progress payment under the Prompt Payment clause of this contract, and except as provided in paragraph (g) of this clause, approved requests shall be paid within 30 days of submittal of a proper request for payment.

(g) Liquidation of progress payments. Progress payments shall be liquidated by deducting from the payment of each item the total unliquidated amount of progress payments made for that separately priced unit of that line item. The liquidation amounts for each line item shall be clearly delineated in each request for progress payment submitted by the Contractor.

(h) Security for progress payments. In the event the Contractor fails to provide adequate security as required in this contract, no progress payment shall be made under this contract. Upon receipt of adequate security, progress payments shall be made, including all previous payments to which the Contractor is entitled, in accordance with the terms of the contract. If at any time the Contracting Officer determines that the security provided by the Contractor is insufficient, the Contractor shall promptly provide such additional security as the Contracting Officer determines necessary. In the event the Contractor fails to provide such additional security, the Contracting Officer may collect or liquidate such security that has been provided, and suspend further payments to the Contractor; the Contractor shall repay to the Government the amount of unliquidated progress payments as the Contracting Officer at his sole discretion deems repayable.

(i) Special terms regarding termination for cause. If this contract is terminated for cause, the Contractor shall, on demand, repay to the Government the amount of unliquidated progress payments. The Government shall be liable for no payment except as provided by the Termination for Cause paragraph of the clause at Federal Acquisition Regulation 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services.

(j) Reservation of rights.

1. No payment, vesting of title under this clause, or other action taken by the Government under this clause shall-

1. Excuse the Contractor from performance of obligations under this contract; or

1. Constitute a waiver of any of the rights or remedies of the parties under the contract.

The Government’s rights and remedies under this clause-

1. Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

1. Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(k) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the "unearned amount"), the Contractor shall-

1. Notify the Contracting Officer of such performance deficiency; and

1. Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until-

1. The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

1. The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(l) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(m) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as-

1. Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

1. Waiving the right of the Government to require the fulfillment of all the terms of the contract.

1. The Government’s rights and remedies under this clause-

(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(n) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (l) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

(o) Final payment. The Government shall pay the amount due the Contractor under this contract after-

1. Completion and acceptance of all work;

1. Presentation of a properly executed voucher; and

1. Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor’s claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of1940 ( 31 U.S.C.3727 and 41 U.S.C. 6305).

(p) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in FAR subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

(End of clause)

Solicitation Information

Award Type

The government intends to award one firm fixed price contract based on this solicitation. The total duration of this requirement is from date of award – September 30, 2026. Therefore, to be considered responsive, contractors must submit pricing for all items.

Basis for Award

The provision at FAR 52.212-2, Evaluation—Commercial Products and Commercial Services is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 12.203, based on the criteria listed below. Award will be made to the quoter representing the best value to the Government. For the purposes of this RFQ, 'best value" is defined as the procurement process resulting in the most advantageous decision for the Government. The Government may elect to award to other than the lowest priced quotation, based on the results of analysis between non-price and price factors. To be considered awardable, potential offerors must earn an acceptable technical rating. Quotations will be evaluated for completeness and compliance.

Quoters are cautioned, the quality of the response/quotation and adherence to solicitation requirements and restrictions will be given consideration throughout the evaluation process, failure to comply with RFQ criteria may cause elimination. Quoters are strongly encouraged to emphasize content in response to all RFQ requirements. To be considered awardable, potential quoters must earn an acceptable technical rating.

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 quoter is cautioned, 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 this/these address(es): https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (Nov 2025)

A. General Instructions

(1) The quotation submitted must include a technical and a price volume. Each volume shall be separate and complete so that evaluation of one may be accomplished independently from evaluation of the other. All documents shall be Microsoft Word, Microsoft Excel, or Adobe PDF.

(2) The Government will evaluate quotations in accordance with the evaluation criteria set forth in this RFQ. The quoter must have an active entity registration at https://www.sam.gov/SAM/ to submit an offer.

(3) All submissions shall follow the format below:

(i) One copy of the complete technical volume, 8 ½ x 11, (Page Limit, 5 pages, single spaced)

(ii) One copy of the complete price volume.

Offeror Representations and Certifications - Complete the requested information in each applicable provision (FAR 52.204-8, FAR 52.209-13, FAR 52.204-24, FAR 52.209-7, FAR 52.219-4). Only return the applicable provisions, not the entire solicitation.

1. Scanned copy of fully executed Bid Guarantee (SF 24 and Power of Attorney)

(v) One signed cover letter, acknowledging all amendments, certifying quoter has read and agrees to comply with all conditions and instructions provided in this RFQ document, attachments and any potential amendments issued. The cover letter must include:

a. Contractor’s Business Name

b. EIM

c. SAM expiration date

d. Name, email address, & phone number, for primary and alternate points of contact

B. Technical Quotation Instructions The technical quote shall include technical capability/approach to the work and past performance/experience. Submission shall meticulously address the requirement, IAW SOW, all attachments and information annotated in this solicitation. Submission will be evaluated to determine if the quotation meets the requirement criteria. It must provide sufficient information to reflect a thorough understanding of the requirement and a detailed description of techniques, procedures and programs to achieve the SOW objectives.

C. Price Quotation Instructions Price must consist of firm fixed price, listed in Schedule B and Schedule of Items, SOI, Excel worksheet, Attachment 2. Submission must clearly detail the level of effort and the mix of labor proposed to perform the specific tasks requested.

FAR 52.212-1 is amended as follows:

D. Evaluation:

Technical Quotation:

The contractor shall clearly describe how Government’s requirement will be met, IAW SPECS and all attachments. This section shall address all elements required in this solicitation to include but not limited to transition, safety, key personnel, staffing, methodology for completion of the work, schedule or work plan, quality control procedures and past performance. Include knowledge of the geographical area, equipment to be used on this Project, phasing (if applicable), logistics of equipment, supply delivery, material storage, staging, crew accommodations, biobased products to be used in the accomplishment of the work, etc.

Past Performance shall include a brief description of services rendered and references for at least (3), not more than (5), recent, relevant contracts. Recent, defined, work completed within (3) years of this solicitation date. Relevant defined, is work similar in scope and magnitude. If the number of references listed exceeds the maximum, only the first (5) will be considered. Submissions must include all information stated in this solicitation. The government will not contact the quoters for missing information. Missing information may disqualify quoters from evaluation. The government may use the information stated in this paragraph and any reasonable basis to evaluate past performance.

Price must consist of firm-fixed price listed in Schedule B and Schedule of Items, SOI, excel worksheet, Attachment 2. Submission must clearly detail the level of effort and the mix of labor proposed to perform the specific tasks requested.

Past Performance Recency/Relevancy Rating

Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires

Past Performance Confidence Rating

Technical Rating

The Government intends to evaluate quotations and award a contract without discussions, except for clarification of minor errors. Therefore, the initial quotation should contain the best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines it necessary.

If the Contracting Officer determines the number of quotations that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of quotations in the competitive range to the greatest number that will permit efficient competition among the most highly rated proposals

Period for acceptance of offers.

The Quoter agrees to hold the prices in its quote firm for 90 calendar days from the date specified for receipt of quotes.

Questions Questions shall be submitted via email to crystal.amos@usda.gov are due no later than March 24, 2026, at 12:00 PM Central Time. Please include the solicitation name and number as the subject line of the email.

Site Visit: March 31, 2026, 11:00, AM, MST

The following provisions are applicable if checked:

☒ Alternate I (Nov 2025) to 52.204-7 Other Applicable FAR Provisions

When checked, the Contractor shall comply with the following FAR Clauses for Commercial Construction.

AGAR Provisions

452.203-70 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Certification (Dec 2025)

(a) By submission of its offer, the offeror certifies that:

1. It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution.

Neither it nor any proposed subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S. Constitution.

(b) If the offeror participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, by submission of its offer, the offeror certifies that it is compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.

(c) The offeror affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the offeror will not be eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.

(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.

(e) Submission of a knowing false statement relating to offeror’s compliance with the above requirements and/or eligibility for the contract may subject the offeror to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.

(f) Failure on the part of the offeror or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate the contract for default.

(End of Provision)

Technical data and supporting documentation associated with this solicitation are available through the following sources:

Attachments Attachment 1 – Request for Quote (RFQ) Attachment 2 – Statement of Work Attachment 3 – Fed Specs Attachment 4 – Schedule of Items Attachment 5 - Drawings and Diagrams Attachment 6 – Wage Determination