Sol_140A0425R0004.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION CALL

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

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

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

BIA RMRO 00004

2021 4tTH AVENUE NORTH

Contracting Office DOI Building

A04

BILLINGS MT 59101-1461

Mary King 4062477941

1x 03/10/2025

140A0425R0004

INVITATION FOR BID

REQUEST FOR PROPOSAL

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

Solicitation for Roof Replacement on Government Quarters 1010. The contractor is required to furnish all labor, materials, services, equipment, tools and insurance to conduct replacement of the roof, fascia and gutters described in the SOW for Qtrs

1010. The project is located at 148 Makawasha St. Crow Agency, MT

Quote Response Details: The quoter shall respond to this RFP via email response to:

Mary King@bia.gov no later than 1700 MS Wednesday, April 9, 2025.

Set-aside: 100% Indian Small Business Economic Enterprise (ISBEE)

All Contractors must comply with local TERO regulations by contacting TERO at Phone:

(406) 679-0414

POC: Michael Schafer, Facility Manager, 406-679-0131

11. The Contractor shall begin performance within

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

0 0 calendar days and complete it within ________________ ________________ calendar days after receiving

04/09/2025

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 12/2022)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

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

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

BIA RMRO 00004

2021 4tTH AVENUE NORTH

Contracting Office DOI Building

A04

BILLINGS MT 59101-1461

28. NEGOTIATED AGREEMENT 29. AWARD

and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations,certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

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

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

and return

(Contractor is not required to sign this document.) Your offer on this

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 22

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A0425R0004

00010 QTRS 1010 Roof Replacement

Product/Service Code: Z2FA

Product/Service Description: REPAIR OR ALTERATION

OF FAMILY HOUSING FACILITIES

Period of Performance: 04/14/2025 to 06/14/2025

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Roof Repair Specification

U.S. DEPARTMENT OF INTERIOR

BURUEA OF INDIAN AFFAIRS

DIVISION 1 – GENERAL REQUIREMENTS SECTION 1A – GENERAL

REQUIREMENTS

1A.1 Summary of Work. The Contractor is required to furnish all labor, materials, services, equipment, tools and insurance to conduct repairs on the roof, fascia, and gutters described in the scope of work. The project is located at 148 Makawasha Ave. Crow Agency, MT 59022.

1A.2 Scope of Work. These specifications, together with other referenced documents, standards and drawings in the contract documents, cover the requirements for all work associated with roof removal, replacement as needed of roof frame, sheathing, insulation, flashing, and ventilation. Placement of moisture barrier (ice and water shield). Installation of drip edges and closure strips. Replacement of sub-fascia and fascia. Installation of metal roofing panels of 24-gauge steel or higher quality, and ridge cap. Installation of seamless gutters with downspouts directing water away from the building. The removal method and all related work must be in conformance with BIA policies, U.S. Occupational Safety and Health Administration (OSHA) regulations and all applicable state and local regulatory requirements.

1A.3 Roof Removal: The contractor will remove all existing shingles, moisture barriers, damaged sheathing, damaged flashing, and ventilation seals. The contractor will be responsible for disposal of all materials removed.

1. Contractor shall assess all safety precautions while working near power lines and seek permission from the Power Company to work on the roof.

2. Contractor shall wear the proper PPE for the job needed to include mask, gloves, coveralls, etc.

3. Contractor is responsible for disposal and hauling all debris removed from the affected area.

1A.4 Renovations: The contractor will replace the existing shingled roof with a metal roof. No materials will be reused on the new roof other than sheathing deemed serviceable and in good condition. Components of a new metal roof consist of sheathing, moisture barrier, drip edges, closure strips, roofing panels, sub fascia, fascia, flashing and ridge cap. Seamless gutters will run along the eaves with downspouts to direct water away from the quarters.

The following criteria shall be adhered to:

1. Before installation of new metal roof, the contractor is responsible for identifying any deficiencies and making proper repairs as needed to sheathing, insulation, and ventilation.

2. Contractor is responsible for a new roof replacement to include a new moisture barrier, drip edges, closure strips, metal roofing panels of 24-gauge steel or higher quality, sub fascia, fascia, flashing, and ridge cap.

3. Contractor is responsible to replace all seals and apply sealant for any exterior ventilation piping in contact with the roof.

4. Contractor shall ensure the roof is securely fastened to include gable trim along the edges of the roof.

SECTION 1B – SPECIAL REQUIREMENTS

1B.1 Coordination. All contracts between the contractor and BIA shall be coordinated through the Contracting Officer Reprehensive (COR) and his/her designated representative.

1B.2 Pre-Construction Conference. As soon as practical after the award of the contract, the Contracting Officer will set a date for a pre-construction conference between the representatives of the Government (ATO, NATCA and PASS will be invited to attend) and the contractor at a location agreed upon by the Contracting Officer and the contractor. The contractor shall attend the conference and shall abide by all agreements reached at the conference regarding:

• Detailed procedures for administration of the project.

• Identity of the COR, authorized representatives of the Government/Contracting

Officer, and the contractor’s superintendent(s).

• Contractor’s telephone number.

• Detailed procedures for submittals.

• Available storage areas for contractor’s materials and equipment.

• Compliance with BIA safety practices, general operating procedures and security regulations.

• Availability of on-site power for use by the contractor as determined by the COR.

• The BIA Pre-Construction and Maintenance Project Safety and Health Checklist, form 3900-8 will be reviewed and filled out during the meeting.

• Contractor shall provide copies of all MSDS for any products and restoration materials to be used.

• In addition to the foregoing, other subjects pertinent to the contract may be discussed.

1B.3 Communication. Contractor will communicate with the COR or his/her designated representative on a daily or weekly basis agreed upon between both parties. Contractor will inform the COR or his/her designated representative on status of contract and any issues related to delays and costs.

1B.4 Working Hours. 8:00am-5:00pm Monday thru Friday. Any other hours need to be discussed and agreed upon 48 hours prior between BIA, COR, and Tenant.

1B.5 Ingress and Egress to Work Area. The COR shall direct all ingress and egress to the work area. Security precautions against unauthorized residence entrance will be maintained.

1B.6 Security Requirements. The residence currently has tenants residing in the quarters.

Therefore, all work included in this contract shall be coordinated to preclude interference with the residents. The contractor shall coordinate this with the Contracting Officer through the COR.

The contractor shall examine the premises and satisfy himself/herself as to the existing conditions under which he/she will be obligated to perform the work included in this contract.

The contractor will provide a list of all personnel, which will be entering the residence to do work, to the Contracting Officer/Contacting Officer’s Technical Representative/ COR.

The contractor shall maintain a logbook documenting entry into and out of the regulated work area. The contractor shall not allow unauthorized personnel access to the site. Authorized personnel include the tenants, contractor and his/her workers, Contracting Officer and his/her representatives, the Environmental Monitoring contractor (if needed), representatives of regulatory agencies having jurisdiction over the project (if needed), and fire or medical response personnel in the event of emergency.

1B.7 Property Damage. The contractor shall take all precautions to avoid damage to Government property or equipment. Any damage to Government property or equipment by the contractor shall be repaired by the contractor to its original state or better condition at no additional expense to the Government.

1B.8 Parking of Contractor Vehicles. All personnel will park their vehicles away from the building and all access doors or as authorized by the COR. Materials and tools may be off-loaded at the work site by arrangements with the COR.

1B.9 Storage of Materials. The contractor shall store all materials in a manner to protect them from all elements of the weather. Storage of reasonable quantities of material, supplies and tools on site is permissible providing the COR authorizes the location. The BIA is not responsible for the security of the materials, supplies and tools owned by the contractor.

1B.10 Site Visit. The contractor shall take steps necessary to ascertain the nature of the work and satisfy themselves to the conditions that can affect the work. No subsequent extras will be allowed due to any claim of lack of knowledge for conditions that can be determined by examining the site. Site visits can be arranged by contacting the Facility Manager (Michael Schafer 406-679-0131), at least 24 hours prior to the planned visit.

1B.11 Compliance with Local Codes and Other Codes. The contractor shall comply with local and other codes of standard trade practices adopted by these contract documents. Where the requirements of the specifications and drawings exceed those of the local and adapted codes, the contractor shall comply with the requirements of the specifications and drawings.

1B.12 Fire Protection. The contractor shall have an equivalent of two 20 lb. Class A, B and D fire extinguishers in the work area through the progress of the job.

1B.13 Cleaning. The contractor shall keep the working area in a clean and proper condition.

All rubbish and waste resulting from the execution of the work shall be removed at the end of each day or as directed by the COR. Immediately after unpacking, all packing materials shall be removed from the building and the premises. Upon completion of work and before final inspection, the contractor shall remove his/her working tools, equipment, debris, rubbish and unused materials from the building site. Disposal of rubbish and debris will be offsite and at no additional cost to the BIA or as directed by the COR.

1B.14 Non-interference with Existing Facility Operations. The access to the residence shall be always kept unobstructed. If any interference with the existing residence operation or access seems to be unavoidable, the contractor shall advise the contracting officer through the COR twenty-four hours before such interference. BIA reserves the right to stop work at any time if the operation of this residence is jeopardized by the contractor’s work.

1B.15 Other Contracts. The Government may undertake other contracts for additional work at or near the site of the work under this contract. The contractor shall fully cooperate with other contractors and with the Government employees and shall adapt scheduling and performing the work under this contract to accommodate the other work. The contractor shall not commit or permit any act that will interfere with performance of work by any other contractor or by Government employees.

1B.16 Contractor’s Liability. Damage to the existing residence or equipment caused by the contractor shall be immediately reported to the BIA COR without delay. The contractor shall be responsible for repairing or having repaired all damaged areas of the residence or equipment directly caused by contractor related work. All repairs shall be accomplished, without delay, at the contractor’s expense to the satisfaction of the COR.

1B.17 Permits. The contractor shall be responsible for obtaining all city, county, etc. permits, if required, to complete the project, at no additional cost to the Government.

1B.18 Material. All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The contractor may, at his option, use any equipment, material, article or process that, in the judgment of the COR, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

1B.19 Workmanship. The contract shall be accomplished by workers experienced in each trade in accordance with the highest standards of the various trades involved. The BIA COR must approve all details to assure the professional and complete project, whether stated in the specifications or not. The COR may require, in writing, that the contractor will remove from the work site any employee the COR deems incompetent, careless or otherwise objectionable.

1B.20 Superintendence by the Contractor. At all times during the performance of this contract and until the work is completed and accepted, the contractor shall directly superintend the work on site or assign and have on site a competent superintendent who is satisfactory to the COR and has the authority to act for the contractor.

1B.21 Warranties. The contractor shall guarantee that all work performed under this contract to be free from defects in all materials and workmanship for a period of 12 months from the date of final acceptance by the Government.

1B.22 Material Warranties. Contractor shall provide manufacturer’s warranty on materials and the process for submitting a deficiency claim.

1B.23 Responsibilities. If within the warranty period, such parts or work performed under this contract is found to be defective in materials or workmanship, that portion of work shall be replaced by the contractor immediately without any additional cost to the Government.

SECTION 1C – SUBMITTALS

1C.1 Introduction. Each product required for use in the contract drawings and specifications must meet the actual minimum needs of the Government as demonstrated in the salient characteristics for that product. If a brand name product is used in the drawings or specifications, it should be regarded as a “known acceptable source.” The product used can be identical or equal to the brand name product or known acceptable source in meeting the salient characteristics, but it need not exceed the actual minimum requirements. Any brand name product or known acceptable source mentioned will, however, not be required for use to comply with the specification or drawing unless those documents make it clear that the brand name product is required, and substitution is prohibited.

1C.2 Requirements. Each product that a Contractor wishes to use that is not a known acceptable source must be approved before use, by the Contracting Officer or his/her designee.

To gain approval, the Contractor must submit documents and/or samples that will demonstrate the product clearly will meet the Governments minimum needs and demonstrates appropriate salient characteristics. All submittals must be in writing. The Contracting Officer shall have the right to require submittals from the Contractor where the Contractor makes an unsolicited change proposal.

1C.3 Submittal Review. When submitting before the Notice to Proceed date, the Contractor shall send the submittal package directly to the Contracting Officer. When submitting after contract work has begun, the Contractor shall give submittal packages to the COR, who will forward them promptly to the Contracting Officer. In either case, the submittal will return directly from the Contracting Officer to the contractor, with the Contracting Officer’s approval, approval with comments, or disapproval.

1C.4 Submittal Time Frame. To provide adequate time for document transmission and submittal review, the BIA reserves the right to take [ten days] to complete a review, transmission date to transmission date.

1C.5 Submittals. The contractor shall submit all the following:

1. Detailed Work Plan

2. Emergency Response Plan

3. Safety Program

4. Respiratory Protection Program

5. Certificate of training, accreditation, qualification

6. List of Employees

7. Proof of Insurance

8. MSDS for all chemical products

9. Respirator fit test records for employees scheduled for this project.

10. Medical surveillance records

11. Negative Air HEPA filtration equipment specification sheets

12. Copies of all notifications to federal, state or local regulatory agencies

1C.6 Work Plan. The contractor shall prepare a detailed work plan for roof removal and installation. This work plan shall cover all the procedures that the contractor will use to complete the project. This document shall be provided to the BIA before the roof repair work begins and must include a specification of:

1. The rooms or area designation where work will be performed.

2. Quantities of materials to be removed.

3. Listing of equipment proposed for repairs.

4. Personal protective equipment use.

5. Any other standard operating procedures required by law.

All required submittals shall be provided to the Contracting Officer at the following address:

Bureau of Indian Affairs

SECTION 1D –SPECIAL INSTRUCTIONS

1D.1 Contractor Mobilization Requirements. The contractor shall provide all the services, equipment, supplies, materials, and labor required to remove and replace the roof along with ventilation, seals, fascia and gutters. The contractor must comply with the following:

1. All work shall be done under the direct supervision of a professional with experience and training in metal roof repairs.

2. All work shall be conducted by trained individuals following the requirements of Section 1D.3.

3. The contractor shall coordinate and prepare a schedule to be approved by the COR for conducting roof repairs at the site.

4. The contractor shall hold a pre-work briefing with [bargaining unit]. The briefing will include a description of work to be done. The contractor will schedule and coordinate the meeting through the Facility Manager.

1D.2 Worker Safety. All workers will ensure they are equipped with proper PPE. This includes use of safety straps while on the roof, safety goggles, steel toe safety boots, gloves, and hearing protection while working near air compressors or generators. Work zone will be marked and identified to all parties to include Contractor, BIA representatives, COR, and Tenants. Power Company will be contacted prior to start, with permission to conduct roof repairs.

1D.3 Worker Training. Workers shall be familiar with all relevant federal, state and local standards.

1D.4 Work Plan. The contractor shall prepare a detailed work plan for roof repairs as described in Section 1C.6.

1D.5 Waste Disposal. The contractor is responsible for proper packaging, temporary storage, transport, and disposal of all waste generated as the result of this project.

52.252-2 Clauses Incorporated by Reference. (Feb1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far/.

• FAR 52.202-1 Definitions (June 2020)

• FAR 52.203-3 Gratuities (April 1984)

• FAR 52.203-5 Covenant Against Contingent Fees (May 2014)

• FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (June 2020)

Alternate I (November 2021)

• FAR 52.203-7 Anti-Kickback Procedures (June 2020)

• FAR 52.203-8 Cancellation, Recission, and Recovery of Funds for Illegal or Improper Activity (May 2014)

• FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014)

• FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (June 2020)

• FAR 52.203-13 Contractor Code of Business Ethics and Conduct (November 2021)

• FAR 52.203-14 Display of Hotline Poster(s) (November 2021)

• FAR 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (June 2010)

• FAR 52.203-16 Preventing Personal Conflicts of Interest (June 2020)

• FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower

Rights (June 2020)

• FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (January 2017)

• FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

• FAR 52.204-9 Personal Identity Verification of Contractor Personnel (January 2011)

• FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (June 2020)

• FAR 52.204-13 System for Award Management Maintenance (October 2018)

• FAR 52.204-14 Service Contract Reporting Requirements (October 2016)

• FAR 52.204-18 Commercial and Government Entity Code Maintenance (August 2020)

• FAR 52.204-19 Incorporation by Reference of Representations and Certifications (December 2014)

• FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky

Lab and Other Covered Entities (November 2021)

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

(November 2021)

• FAR 52.207-3 Right of First Refusal of Employment (May 2006)

• FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (November 2021)

• FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (October 2018)

• FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (November 2015)

• FAR 52.210-1 Market Research (November 2021)

• FAR 52.215-2 Audit and Records-Negotiation (June 2020)

• FAR 52.215-8 Order of Precedence-Uniform Contract Format (October 1997)

• FAR 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-Modifications (June 2020)

• FAR 52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications (June 2020)

• FAR 52.215-21 Subcontractor Certified Cost or Pricing Data-Modifications (Nov 2021)

• FAR 52.216-4 Economic Price Adjustment – Labor and Material

• FAR 52.219-6 Notice of Total Small Business Set-Aside (November 2020)

• FAR 52.219-8 Utilization of Small Business Concerns (October 2018)

• FAR 52.219-14 Limitations on Subcontracting (September 2021)

• FAR 52.219-28 Post-Award Small Business Program Representation (September 2021)

• FAR 52.222-3 Convict Labor (June 2003)

• FAR 52.222-4 Contract Work Hours and Safety Standards-Overtime Compensation (May 2018)

• FAR 52.222-5 Construction Wage Rate Requirements- Secondary Site of the Work (May 2014) http://www.acquisition.gov/far/

• FAR 52.222-6 Construction Wage Rate Requirements (August 2018)

• FAR 52.222-7 Withholding of Funds (May 2014)

• FAR 52.222-8 Payrolls and Basic Records (July 2021)

• FAR 52.222-9 Apprentices and Trainees (July 2005)

• FAR 52.222-10 Compliance with Copeland Act Requirements (February 1988)

• FAR 52.222-11 Subcontractors (Labor Standards) (May 2014)

• FAR 52.222-12 Contract Termination-Debarment (May 2014)

• FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014)

• FAR 52.222-14 Disputes Concerning Labor Standards (February 1988)

• FAR 52.222-15 Certification of Eligibility (May 2014)

• FAR 52.222-21 Prohibition of Segregated Facilities (April 2015)

• FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment (February 1999)

• FAR 52.222-26 Equal Opportunity (September 2016)

• FAR 52.222-27 Affirmative Action Compliance Requirements for Construction (April 2015)

• FAR 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method) (August

2018)

• FAR 52.222-31 Construction Wage Rate Requirements-Price Adjustment (Percentage Method) (August 2018)

• FAR 52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual Method) (August 2018)

• FAR 52.222-33 Notice of Requirement for Project Labor Agreement (May 2010)

Alternate I (May 2010) Alternate II (May 2010)

• FAR 52.222-34 Project Labor Agreement (May 2010) Alternate I (May 2010)

• FAR 52.222-37 Employment Reports on Veterans (June 2020)

• FAR 52.222-40 Notification of Employee Rights under the National Labor Relations Act (December 2010)

• FAR 52.222-50 Combating Trafficking in Persons (November 2021)

• FAR 52.222-54 Employment Eligibility Verification (November 2021)

• FAR 52.222-55 Minimum Wages Under Executive Order 13658 (November 2020)

• FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (January 2017)

• FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction (September 2013)

• FAR 52.223-3 Hazardous Material Identification and Material Safety Data (February 2021)

• Alternate I (July 1995)

• FAR 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

• Alternate II (May 2011)

• FAR 52.223-6 Drug-Free Workplace (May 2001)

• FAR 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June 2016)

• FAR 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June 2016)

• FAR 52.223-15 Energy Efficiency in Energy-Consuming Products (May 2020)

• FAR 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (August 2018)

• FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (June 2020)

• FAR 52.223-19 Compliance with Environmental Management Systems (May 2011)

• FAR 52.223-21 Foams (June 2016)

• FAR 52.225-13 Restrictions on Certain Foreign Purchases (February 2021)

• FAR 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises (June 2000)

• FAR 52.227-1 Authorization and Consent (June 2020)

• FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (June 2020)

• FAR 52.227-4 Patent Indemnity-Construction Contracts (December 2007)

• FAR 52.227-17 Rights in Data-Special Works (December 2007)

• FAR 52.227-23 Rights to Proposal Data (Technical) (June 1987)

• FAR 52.228-1 Bid Guarantee (Sept 1996)

• FAR 52.228-2 Additional Bond Security (October 1997)

• FAR 52.228-5 Insurance-Work on a Government Installation (January 1997)

• FAR 52.228-11 Individual Surety—Pledge of Assets (February 2021)

• FAR 52.228-12 Prospective Subcontractor Requests for Bonds (May 2014)

• FAR 52.228-13 Alternative Payment Protections (July 2000)

• FAR 52.228-14 Irrevocable Letter of Credit (November 2014)

• FAR 52.228-15 Performance and Payment Bonds-Construction (June 2020)

• FAR 52.229-1 State and Local Taxes (April 1984)

• FAR 52.229-2 North Carolina State and Local Sales and Use Tax (April 1984)

• FAR 52.229-3 Federal, State, and Local Taxes (February 2013)

• FAR 52.229-10 State of New Mexico Gross Receipts and Compensating Tax (April 2003)

• FAR 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014)

• FAR 52.232-16 Progress Payments (November 2021)

Alternate I (March 2000)

• FAR 52.232-17 Interest (May 2014)

• FAR 52.232-23 Assignment of Claims (May 2014)

• FAR 52.232-27 Prompt Payment for Construction Contracts (January 2017)

• FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (October 2018)

• FAR 52.232-37 Multiple Payment Arrangements (May 1999)

• FAR 52.232-39 Unenforceability of Unauthorized Obligations (June 2013)

• FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

• FAR 52.233-1 Disputes (May 2014)

Alternate I (December 1991)

• FAR 52.233-3 Protest after Award (August 1996)

• FAR 52.233-4 Applicable Law for Breach of Contract Claim (October 2004)

• FAR 52.236-1 Performance of Work by the Contractor

• FAR 52.236-2 Differing Site Conditions

• FAR 52.236-3 Site Investigation and Conditions Affecting the Work

• FAR 52.236-5 Material and Workmanship

• FAR 52.236-6 Superintendence by the Contractor

• FAR 52.236-7 Permits and Responsibilities

• FAR 52.236-8 Other Contracts (April 1984)

• FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (April 1984)

• FAR 52.236-10 Operations and Storage Areas (April 1984)

• FAR 52.236-11 Use and Possession Prior to Completion (April 1984)

• FAR 52.236-12 Cleaning Up (April 1984)

• FAR 52.236-13 Accident Prevention (November 1991)

• FAR 52.236-14 Availability and Use of Utility Services (April 1984)

• FAR 52.236-15 Schedules for Construction Contracts (April 1984)

• FAR 52.236-16 Quantity Surveys (April 1984)

• FAR 52.236-17 Layout of Work (April 1984)

• FAR 52.236-21 Specifications and Drawings for Construction (February 1997)

• FAR 52.236-26 Preconstruction Conference (February 1995)

• FAR 52.242-13 Bankruptcy (July 1995)

• FAR 52.243-4 Changes (June 2007)

• FAR 52.243-7 Notification of Changes (January 2017)

• FAR 52.244-5 Competition in Subcontracting (December 1996)

• FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services (November 2021)

• FAR 52.245-1 Government Property (September 2021)

• FAR 52.245-9 Use and Charges (April 2012)

• FAR 52.246-21 Warranty of Construction (May 1994)

Alternate I (April 1994)

• FAR 52.248-3 Value Engineering-Construction (October 2020) Alternate I (April 1984)

• FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) (April 2012) Alternate I (September 1996)

• FAR 52.249-10 Default (Fixed-Price Construction) (April 1984) Alternate II (April 1984)

• FAR 52.250-1 Indemnification Under Public Law 85-804 (April 1984)

• FAR 52.253-1 Computer Generated Forms (Jan 1991)

CLAUSES INCORPORATED IN FULL

TEXT

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within 20 calendar days after award or receipt of payment (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than June 14, 2025. The time stated for completion shall include final cleanup of the premises.

52.216-1 Type of Contract (APR 1984) The Government contemplates award of firm fixed-price contract resulting from this Solicitation.

The Government anticipates the award to be made by April 14, 2025.

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority

Participation for Each Trade

7.5% Goals for Female

Participation for Each Trade

6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60- 4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and

(3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-

4. Compliance with the goals will be measured against the total work hours performed.

(c) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the-

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(d) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Horton, Kansas, Brown County. (End of provision)

52.225-9 Buy American - Construction Materials. (MAY 2014)

(a) Definitions. As used in this clause- Commercially available off-the-shelf (COTS) item- (1) Means any item of supply (including construction material) that is-

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101).

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

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

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means-

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether such costs are paid to a domestic firm), and any applicable duty (whether 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.

Domestic construction material means-

(1) An unmanufactured construction material mined or produced in the United States.

(2) A construction material manufactured in the United States, if-

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which non-availability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item.

(See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: NONE

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the

Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent.

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

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

(c) Request for determination of inapplicability of the Buy American statute. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

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

(B) Unit of measure.

(C) Quantity.

(D) Price.

(E) Time of delivery of 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 a duty-free certificate may be issued).

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of Quantity Price measure (dollars)* Item 1:

Foreign construction material Domestic construction material Item 2:

Foreign construction material Domestic construction material

* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. Include other applicable supporting information. (End of clause)

52.225-10 Notice of Buy American Requirement – Construction Materials (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225- 9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers.

The offeror shall include the information and applicable supporting data required by paragraphs (c) and

(d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

DEPARTMENT OF THE INTERIOR ACQUISTION REGULUATION (DIAR) CLAUSES

1452.201-70 Authorities and delegations. (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter 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:

Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract.

Waive or agree to modification of the delivery schedule.

Make any final decision on any contract matter subject to the Disputes Clause.

Terminate, for any reason, the Contractor's right to proceed.

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

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.

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, s h a l l be subject to the provisions of the Disputes clause of this contract.

The Contractor shall provide copies of all…