LMDT_Main_Vehicle_Access_Gate_Replacement_Solicitation_-_140R6025R0011.pdf

Leadville Mine Drainage Tunnel (LMDT) Access

Main Vehicle Access Gate Operator Replacement

Solicitation No. 140R6025R0011

UNITED STATES DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

MISSOURI BASIN REGION

BILLINGS, MT

140R6024R0027 - LMDT Gate Replacement

CONTENTS

Solicitation No. 140R6025R0011

SECTION A – SF-1442

SECTION B – PRICE SCHEDULE/BREAKDOWN

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF OBJECTIVE

SECTION D – PACKAGING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

E.1. 52.252-2 Clauses Incorporated by Reference February 1998……………………………………...9

SECTION F – DELIVERIES OR PERFORMANCE

F.1. 52.252-2 Clauses Incorporated by Reference February 1998…………………………………….. 9

F.2. 52.211-10 Commencement, Prosecution, and Completion of Work April 1984

SECTION G – CONTRACT ADMINISTRATION DATA……………………………………….. 10

G.1. 1452.201-70 Authorities and Delegations September 2011……………………………………..10

G.2. DOI-AAAP-0028 Electronic Invoicing and Payment Requirements – Invoice Processing

Platform (IPP) February 2023

G.3. WBR 1452.242-80 Post Award Conference Bureau of Reclamation July 1993…………………11

G.4. WBR 1452.201-80 Contracting Officer’s Representative’s Authorities and Limitations Bureau of Reclamation May 2018

SECTION H – SPECIAL CONTRACT REQUIREMENTS

SECTION I – CONTRACT CLAUSES

I.1. 52.252-2 Clauses Incorporated by Reference February 1998

I.2. WBR 1452.223-80 Asbestos Free Warranty – Bureau of Reclamation August 2021

I.3. 52.219-28 Post Award Small Business Program Representation March 2023

I.4. 52.222-35 Equal Opportunity for Veterans June 2020………………………………………………. 17

I.5. 52.222-36 Equal Opportunity for Workers with Disabilities June 2020……………………………….18

I.6. 52.225-11 Buy American – Construction Materials Under Trade Agreements December 2022………18

I.7. WBR 1452.223-81 Safety and Health – Bureau of Reclamation October 2022……………………….23

I.8. WBR 1452.232-81 – Payment for Mobilization and Preparatory Work – Bureau of Reclamation

Alt I March 2022………………………………………………………………………………….24

I.9. WBR 1452.236-84 Preservation of Cultural Resources Bureau of Reclamation March 2022.. ….25

I.10. WBR 1452.243-80 Modification Proposals – Bureau of Reclamation March 2022..…………...26

I.11. WBR 1452.237-80 Security Requirements – Bureau of Reclamation March 2022……………..27

I.12. 52.223-9 Estimate of Percentage of Recovered Material Content For EPA-Designated Items

May 2008

I.13. 1452.228-70 Liability Insurance – Department of the Interior July 1996………………………..30

I.14. 1452.204-70 Release of Claims—Department of the Interior July 1996

I.15. 1452.215-70 Examination of Records by the Department of the Interior April 1984

I.16. 52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American

Security Drone Act – Covered Foreign Entities November 2024………………………………..31

I.17. 52.223-23 Sustainable Products and Services May 2024 [Deviation February 2025] …………..32

SECTION J – LIST OF ATTACHMENTS AND EXHIBITS

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFEROR’S…………………………………………………………………………………………..35

K.1. 52.252-1 Solicitation Provisions Incorporated by Reference February 1998……………………. 35

K.2. 52.204-80 Annual Representations and Certifications March 2023[Deviation February 2025]……..35

K.3. 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment November 2021……..………………………………………………………. 38

K.4. 52.209-12 Certification Regarding Tax Matters October 2020… ………………………………40

K.5. 52.209-13 Violation of Arms Control Treaties or Agreements – Certification

November 2021……………………………………………………………………………………….40

K.6. 52.230-1- Cost Accounting Standards Notices and Certification June 2020………………….. 42

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS…..…………44

L.1. 52.252-1 Solicitation Provisions Incorporated by Reference February 1998……………….…. 44

L.2. 52.236-27 Site Visit Construction February 1995...…………………………………………

L.3. 52.216-1 Type of Contract April 1984………………………………………………………

L.4. 52.222-6 Construction Wage Rate Requirements August 2018…………………………………44

L.5. 1452.215-71 Use and Disclosure of Proposal Information – Department of The Interior

April 1984………………………………………………………………………………………..46

L.6. 52.225-10 Notice of Buy American Requirement – Construction Materials Under Trade

Agreements May 2014……………………………………………………………………….….48

L.7. WBR 1452.215-81 Proposal Instruction March 2021……………………………………….….49

L.8. Formal Communications………………………………………………………………………

L.9. General Submission Requirements……………………………………………………………..…..51

L.10. Formatting Requirements………………………………………………………………………

L.11. Proposal Evaluation…………………………………………………………………………….53

SECTION M – EVALUATION FACTORS FOR AWARD………………………………………..54

SECTION B – PRICE SCHEDULE

B.1. Offers will be considered for award on the following Price Schedule, but no offer will be considered for award on only a part of the Price Schedule.

B.2. Offers are subject to the terms and conditions of this solicitation.

B.3. Propose your best prices for each of the work items in accordance with the Statement of Work (SOW) and attachments. Price Proposals must be submitted following the price schedule/format herein. Incomplete price proposals will not be considered for award.

CLIN DESCRIPTION UNIT UNIT PRICE TOTAL PRICE

0010 Mobilization and Preparation AU $ $

LMDT Gate Replacement IAW SOW AU

As-Builts of all mechanical, electrical and electronic equipment installed

AU

Total Firm Fixed Price $

SECTION B – PRICE BREAKDOWN

Upon notification by the Government, the selected offeror shall complete the below Price Category

Breakdown and return it to the Contract Specialist within two (2) business days of request. Will only be required from the selected offeror, do not include it with the proposal submission.

PRICE CATEGORIES:

MATERIALS $

DEMOLITION $

EQUIPMENT $

LABORS/INSTALLATION $

DISPOSAL OF EXISTING GATE $

BONDING $

TRAVEL $

TOTAL $

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1. Disclosure of the magnitude of construction projects. In accordance with FAR 36.204, the estimated price range of this project is:

Between $100,000 and $250,000.

Please refer to Section J of this solicitation for Statement of Work and supporting data.

SECTION D – PACKAGING AND MARKING

There are no clauses included in this section.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 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 the following addresses:

FAR Clauses - https://www.acquisition.gov/far/

CLAUSES INCORPORATED BY REFERENCE

Clause Title Date

52.246-12 Inspection of Construction August 1996

SECTION F – DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 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 the following addresses: FAR Clauses - https://www.acquisition.gov/far/

52.211-13 Time Extensions September

52.242-14 Suspension of Work April 1984

F.2. 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPELTION OF WORK (APRIL 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the

Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 calendar days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause) http://www.acquisition.gov/far/ http://www.acquisition.gov/far/

SECTION G – CONTRACT ADMINISTRATION DATA

G.1. 1452.201-70 AUTHORITIES AND DELEGATIONS SEPTEMBER 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 having 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 exceeding 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 via electronic transmission. This can be through email, mail, or fax. If by fax please request the appropriate fax number. Email is the preferred method of delivery.

(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.

G.2. DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE

PROCESSING PLATFORM (IPP) FEBRUARY 2023

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing

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.

http://www.ipp.gov/

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

Invoice reviewed and approved by the Contracting Officers Representative (COR) prior to submission within the IPP system. Invoice with approval signature required to be uploaded as attachment to the IPP submission.

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.

G.3. WBR 1452.242-80 POST AWARD CONFERENCE – BUREUA OF RECLAMATION JULY 1993

(a) Prior to the Contractor starting work, a post award conference (as described in FAR Subpart 42.5), will be convened by the contracting activity or contract administration office. The Contractor's Project Manager shall attend the conference.

If the contract involves subcontractors, a representative of each major subcontractor is also required to attend.

(b) The conference will be held virtual using Microsoft Teams.

(c) The Contracting Officer and the Contractor will agree to the date and time of the conference after award of the contract. In event of a conflict in schedules, the Contracting Officer shall establish the date for the conference.

(d) The Contractor shall include any associated costs for attendance at the conference in its offer. (End of Clause)

G.4. WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITIES

AND LIMITATIONS – BUREAU OF RECLAMATION MAY 2018

(a) Performance of the work under this contract shall be subject to the technical direction of the Reclamation Contracting

Officer's Representative (COR). The term “technical direction” is defined to include, without limitation:

(1) Inspecting and accepting or rejecting work performed under the contract.

(2) Representing the Government in technical phases of the work. The COR is responsible for the technical administration of the contract and will provide instructions and interpretations to the Contractor on all technical matters relating to the contract. The COR will supervise or oversee all Government technical and administrative personnel assigned to assist the COR.

(3) Reviewing and, where required by the contract, approving submittals of technical data, shop drawings, samples, literature, plans, or other data required to be delivered by the Contractor to the Government.

(b) The Contractor will receive a copy of the written COR designation from the Contracting Officer. It will specify the extent of the COR's authority to act on behalf of the Contracting Officer.

(c) Technical direction must be within the scope of work stated in the contract. Only the Contracting Officer is authorized to determine if a change is within the scope of the contract; therefore, the COR does not have the authority to, and may not, issue any technical direction that

(1) Constitutes a direction of additional work outside the Contract requirements;

(2) Constitutes a change as defined in the contract clause entitled “Changes;”

(3) In any manner causes an increase or decrease in the total contract cost, or the time required for contract performance;

mailto:IPPCustomerSupport@fiscal.treasury.gov

(4) Changes any of the expressed terms, conditions or specifications of the contract; or

(5) Interferes with the Contractor's right to perform the terms and conditions of the contract.

(d) All technical direction shall be issued in writing by the COR.

(e) The Contractor must proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within its authority under the provisions of this clause. If, in the opinion of the

Contractor, any instruction or direction by the COR falls within one of the categories defined in (c)(1) through (c)(5) of this clause, the Contractor must not proceed and must notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and must request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer must -

(1) Advise the Contractor in writing after receipt of the Contractor's letter that the technical direction is within the scope of the contract effort and does not constitute a change under the Changes clause of the contract; or

(2) Advise the Contractor that the Government will issue a written change order.

(f) A failure of the Contractor and Contracting Officer either to agree that the technical direction is within the scope of the contract or to agree upon the contract action to be taken with respect to the technical direction will be subject to the provisions of the clause entitled “Disputes.”

(End of clause)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

There are no clauses included in this section.

SECTION I – CONTRACT CLAUSES

I.1. 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 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 the following addresses: FAR Clauses – https://www.acquisition.gov/far/

52.202-1 Definitions June 2020

52.203-3 Gratuities April 1984

52.203-5 Covenant Against Contingent Fees May 2014

52.203-6 Restrictions on Subcontractor Sales to the Government June 2020

52.203-7 Anti-Kickback Procedures June 2020

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

May 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity May 2014

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

June 2020

52.203-13 Contractor Code of Business Ethics and Conduct November

52.203-17 Contractor Employee Whistleblower Rights and

Requirement to Inform Employees of Whistleblower

Rights

June 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements January 2017

52.204-4 Printed or Copied Double-Sided on Post-Consumer Fiber

Content Paper May 2011

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

June 2020

52.204-13 System for Award Management Maintenance October 2018

52.204-14 Service Contract Reporting Requirements October 2016

52.204-18 Commercial and Government Entity Code Maintenance August 2020

52.204-19 Incorporation by Reference of Representations and

Certifications

December

52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and

Other Entities

November

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

November

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

Debarment

November

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

October 2018

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

November

52.210-1 Market Research November https://www.acquisition.gov/far/

52.215-2 Audit and Records – Negotiations June 2020

52.215-8 Order of Precedence – Uniform Contract Format October 1997

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data—

Modifications

June 2020

52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications June 2020

52.215-17 Waiver of Facilities Capital Cost or Money October 1997

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other

Than Certified Cost or Pricing Data – Modifications November 2021

52.222-3 Convict Labor June 2003

52.222-4 Contract Work Hours and Safety Standards Act – Overtime

Compensation

May 2018

52.222-6 Construction Wage Rate Requirements August 2018

52.222-7 Withholding of Funds May 2014

52.222-8 Payrolls and Basic Records August 2018

52.222-10 Compliance with Copeland Act Requirements February 1988

52.222-11 Subcontracts (Labor Standards) May 2014

52.222-12 Contract Termination-Debarment May 2014

52.222-13 Compliance with Construction Wage Rate Requirements and

Related Regulations

May 2014

52.222-14 Disputes Concerning Labor Standards February 1988

52.222-15 Certification of Eligibility May 2014

52.222-37 Employment Reports on Veterans June 2020

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

December 2010

52.222-50 Combating Trafficking in Persons November 2021

52.222-54 Employment Eligibility Verification May 2022

52.222-55 Minimum Wages Under Executed Order 13658 January 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 January 2022

52.223-3

Alt I

Hazardous Material Identification and Material Safety Data –

Alternate I

July 1995

52.223-6 Drug Free Workplace May 2001

52.226-8 Encouraging Contractor Policies to Ban text Messaging While

Driving

May 2024

52.225-13 Restrictions on Certain Foreign Purchases February 2021

52.227-1 Authorization and Consent June 2020

52.227-2 Notice and Assistance Regarding Patent and Copyright

Infringement

June 2020

52.227-4 Patent Indemnity – Construction Contracts December 2007

52.228-2 Additional Bond Security October 1997

52.228-11 Pledges Of Assets February 2021

52.228-12 Prospective Subcontractor Requests for Bonds December 2022

52.228-14 Irrevocable Letter of Credit November 2014

52.228-15 Performance and Payment Bonds–Construction June 2020

52.229-3 Federal, State And Local Taxes February 2013

52.230-2 Cost Accounting Standards June 2020

52.230-6 Administration of Cost Accounting Standards June 2010

52.232-5 Payments Under Fixed-Price Construction May 2014

52.232-17 Interest May 2014

52.232-18 Availability of Funds April 1984

52.232-23 Assignment Of Claims May 2014

52.232-27 Prompt Payment for Construction Contracts January 2017

52.232-33 Payment by Electronic Funds Transfer-System for Award

Management

October 2018

52.232-39 Unenforceability of Unauthorized Obligations June 2013

52.232-40 Providing Accelerated Payment to Small Business

Subcontractors

March 2023

52.233-1 Disputes May 2014

52.233-3 Protest After Award August 1996

52.233-4 Applicable Law for Breach of Contract Claim October 2004

52.236-2 Differing Site Conditions April 1984

52.236-3 Site Investigation and Conditions Affecting the Work April 1984

52.236-5 Material and Workmanship April 1984

52.236-6 Superintendence by the Contractor April 1984

52.236-7 Permits and Responsibilities November 1991

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

April 1984

52.236-10 Operations and Storage Areas April 1984

52.236-11 Use and Possession Prior to Completion April 1984

52.236-12 Cleaning Up April 1984

52.236-13 Accident Prevention November 1991

52.236-15 Schedules for Construction Contracts April 1984

52.236-16

Alt I

Quantity Survey April 1984

52.236-17 Layout of Work April 1984

52.236-21

Alt II

Specifications and Drawings for Construction Alternate II April 1984

52.236-26 Preconstruction Conference February 1995

52.242-5 Payments to Small Business Subcontractors January 2017

52.242-13 Bankruptcy July 1995

52.243-4 Changes (CONST) June 2007

52.244- 6 Subcontracting for Commercial Items March 2023

52.246-21 Warranty of Construction March 1994

52.248-3 Value Engineering – Construction October 2020

52.249-2

Alt I

Termination for Convenience of the Government (Fixed-Price)

Alternate I (September 1996) (CONST)

September 1996

52.249-10 Default (Fixed-Price Construction) April 1984

52.253-1 Computer Generated Forms January 1991

I.2. WBR 1452.223-80 ASBESTOS FREE WARRANTY - BUREAU OF RECLAMATION

AUGUST 2021

(a) The Contractor warrants that all items delivered, or work required by the contract, shall be free of asbestos in any form whatsoever.

(b) The Contractor may request the Contracting Officer to approve an exception to this prohibition when an asbestos-free product is not available. Such requests shall be fully documented and submitted as soon as possible after the contractor determines that an asbestos- free product is not available.

I.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION MARCH 2023

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph

(d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties’ control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall represent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall represent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall represent its size status in accordance with the size standard in effect at the time of this representation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 238990, if the acquisition—

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

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was 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.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and

Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the

Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the contracting office, along with the contract number and the date on which the representation was http://www.sba.gov/document/support--table-size-standards completed:

(1) The Contractor represents that it □ is, □ is not a small business concern under NAICS Code assigned to contract number ___ .

(2) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it □ is, □ is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [

The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The

Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]

(6) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ]

The Contractor represents that it □ is, □ is not a veteran-owned small business concern.

(7) [ Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it □ is, □ is not a service-disabled veteran-owned small business concern.

(8) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ]

The Contractor represents that—

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of

Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title. ]

I.4 52.222-35 EQUAL OPPORTUNITY FOR VETERANS JUNE 2020

(a) Definitions. As used in this clause-

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition

Regulation (FAR)22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR

60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the

Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance

Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

I.5 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES JUNE 2020

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR

60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the

U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

I.6 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS

DECEMBER 2022

Caribbean Basin country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

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.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or 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.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Chile, Colombia, Costa Rica, Dominican

Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon

Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British

Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St.

Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

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.

(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.

Free Trade Agreement country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

Least developed country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

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.

WTO GPA country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(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 material, excluding COTS fasteners. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause 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

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) 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 restrictions 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 does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign 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)(4)(i)(A)(1) of this clause.

(3) The procedures in paragraph (b)(4)(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 offer of foreign 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)(4)(i)(B)(1) of this clause.

(3) The procedures in paragraph (b)(4)(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 Act 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)(4) 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)(4)(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…