Sol_140A1626R0014.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

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

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

SOLICITATION

1. SOLICITATION NO.

5. REQUISITION/PURCHASE REQUEST NO.

CODE

6. PROJECT NO.

8. ADDRESS OFFER TO

4. CONTRACT NO.

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

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.

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

NEGOTIATED (RFP) REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF

SEALED BID (IFB) INVITATION FOR BID

9. FOR

INFORMATION CALL

PAGES

140A1626R0014

BIA CENTRAL 00016

12201 Sunrise Valley Drive Contracting Office Mail Stop-244 Reston VA 20192

A16

Thomas Tortorella 0000000000

03/12/2026

04/13/2026

30 750

This information is provided for the following project: CRIP MC Checks and Lateral 73 Construction.

1. This is a competitive, unrestricted, full-and-open, solicitation.

2. Funding: An award will be made under this solicitation, as funds are presently available. The

Government reserves the right to cancel this solicitation before the closing date.

3. Proposal Acceptance Period: The proposal acceptance period shall extend sixty (60) days past the closing date.

4. Solicitation Deadline: April 13, 2026, at 12:00 P.M. Eastern Time.

5. Questions and Answers: Any questions relating to this solicitation shall be submitted to the

Contracting Officer (CO) no later than March 25, 2026. Any questions sent must be submitted on the

Questions and Answers Log attached to this solicitation.

Continued...

1 68

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

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

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 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

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

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

27. PAYMENT WILL BE MADE BY

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

20b. SIGNATURE 20c. OFFER DATE

Continued...

AMENDMENT

NUMBER

DATE.

DOI, BIA CENTRAL

Contracting Office 12201 Sunrise Valley Drive Mail Stop-244 Reston VA 20192

A16

Thomas Tortorella

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

6. Notice to Proceed (NTP): The NTP will be issued within 30 calendar days of contract award. Pending the acceptance of all required bonding and insurance.

7. Period of Performance: Seven hundred fifty

(750) calendar days after issuance of NTP.

8. In accordance with FAR Part 36.204 -

Disclosure of the Magnitude of Construction

Projects estimated price range is between

$18,000,000 and $22,000,000.

9. Special attention is called to FAR Clause

52.236-7, Permits and Responsibilities and FAR

Clause 52.229-3, Federal, State, and Local

Taxes. Offerors are responsible for contacting the tax authorities and tribe or tribal organization involved with regard to any requirements regarding state taxes, tribal taxes, royalties and/or other applicable tribal laws or ordinances. Any costs associated with this section shall be included in the contractor¿s firm fixed price proposal.

Contractor is responsible for contacting the appropriate TERO office for coordination and approvals.

10. This lowest price technically acceptable

LPTA will use the Economical LPTA method as described in Section M. Please note that some offers that do not present the lowest price may not be reviewed for technical acceptability.

11. "System updates may lag policy updates. The

System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals¿Representation, and paragraph (t) of 52.212-3, Offeror

Representations and Certifications¿Commercial

Products and Commercial Services. Agencies will not consider or use these representations.

Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM."

Continued...

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

12. Point of Contact: Thomas Tortorella at thomas.tortorella@bia.gov (Contracting

Officer)

Delivery: 750 Days After Notice to Proceed

Delivery Location Code: 0011284804

BIA OTS DIVISION OF WATER AND POWER

13922 DENVER WEST PKWY, STE 300

LAKEWOOD CO 80401-3106 US

00010 1 EACRIP MC Checks and Lateral 73 Construction

Product/Service Code: Z2KB

Product/Service Description: REPAIR OR

ALTERATION

OF CANALS

Solicitation No. 140A1626R0014

SECTION D – PACKAGING AND MARKING

THIS PAGE IS INTENTIONALLY LEFT BLANK

END OF SECTION D – PACKAGING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

E.1. Federal Acquisition Regulation (FAR) Clauses/Provisions Incorporated by Reference

• FAR 52.246-12 Inspection of Construction (August 1996)

E.2. Department of the Interior Regulation (DIAR) Clauses/Provisions Incorporated by Full Text

• DIAR 1452.204-70 Release of Claims - Department of the Interior (July 1996)

As prescribed in 1404.804-70, insert the following clause:

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

(End of clause)

END OF SECTION E – INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES OR PERFORMANCE

F.1. Federal Acquisition Regulation (FAR) Clauses/Provisions Incorporated by Reference

• FAR 52.211-13 Time Extensions (September 2000)

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

• FAR 52.242-14 Suspension of Work (April 1984)

F.2. Federal Acquisition Regulation (FAR) Clauses/Provisions Incorporated by Full Text

• FAR 52.211-10 Commencement, Prosecution, and Completion of Work (April 1984)

The Contractor shall be required to (a) commence work under this contract receipt of the award, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than seven hundred fifty (750) calendar days. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

• FAR 52.211-12 Liquidated Damages—Construction (September 2000)

If the Contractor fails to complete the work within the time specified in the contract, the Contractor will pay liquidated damages to the Government in the amount of $2,043.00 for each calendar day of delay until the work is completed or accepted.

If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of Clause)

END OF SECTION F – DELIVERIES OR PERFORMANCE

SECTION G – CONTRACT ADMINISTATION DATA

G.1. Department of the Interior Regulation (DIAR) Clauses/Provisions Incorporated by Full Text

• DIAR 1452.201-70 Authorities and Delegations (September 2011)

As prescribed in section 1401.670-1, insert the following clause:

(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 to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of Clause)

G.2. Local Clauses

• Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (April 2013)

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.

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

• See FAR 52.232-10

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 Boston (FRBB) 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 ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

END OF SECTION G – CONTRACT ADMINISTATION DATA

https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

SECTION H – SPECIAL CONTRACT REQUIREMENTS

RESERVED

END OF SECTION H – SPECIAL CONTRACT REQUIREMENTS

SECTION I – CONTRACT CLAUSES

I.1. Federal Acquisition Regulation (FAR) Clauses/Provisions Incorporated by Reference

• 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 (Nov 2023)

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

• 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 (Dec 2023)

• FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (November 2021)

• FAR 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023)

• 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 (Jan 2025)

• 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 52.219-28 Post-Award Small Business Program Representation (Feb 2024)

• 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)

• 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 52.222-23 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 52.222-37 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 (May 2022)

• FAR 52.222-55 Minimum Wages Under Executive Order 13658 (January 2022)

• FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (January 2022)

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

2021)

• FAR 52.223-5 Pollution Prevention and Right-to-Know Information (May 2024)

• FAR 52.223-7 Notice of Radioactive Materials (Jan 1997)

• FAR 52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (May 2024)

• FAR 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024)

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

• FAR 52.223-21 Foams (May 2024)

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

• FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While

Driving (May 2024)

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

• 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 (December 2022)

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

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

• 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 52.232-39 Unenforceability of Unauthorized Obligations (June 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 (April 1984)

• FAR 52.236-2 Differing Site Conditions (April 1984)

• FAR 52.236-3 Site Investigation and Conditions Affecting the Work (April 1984)

• FAR 52.236-5 Material and Workmanship (April 1984)

• FAR 52.236-6 Superintendence by the Contractor (April 1984)

• FAR 52.236-7 Permits and Responsibilities (November 1991)

• 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

(Feb 2024)

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

• FAR 52.246-21 Warranty of Construction (March 1994) Alternate I (April 1984)

• 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)

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

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

I.2. Federal Acquisition Regulation (FAR) Clauses/Provisions Incorporated by Full Text

• FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(Dec 2023)

(a) Definitions. As used in this clause— Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition.

This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4713&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11101&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section153&num=0&edition=prelim https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(e) https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003&num=0&edition=prelim the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security;

or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition.

(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5) https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3552&num=0&edition=prelim https://www.sam.gov/ https://www.acquisition.gov/far/part-4#FAR_4_2304

(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted.

A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement.

(1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)

(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause.

For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

https://dibnet.dod.mil/

(C) Name of the product or service provided to the Government or used during performance of the contract;

(D) Name of the covered article or source subject to a FASCSA order;

(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;

(F) Brand;

(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(H) Item description; and

(I) Any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:

(A) Any further available information about mitigation actions undertaken or recommended.

(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.

(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order.

(e) Subcontracts.

(1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.

(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts.

(End of clause)

• FAR 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 https://www.acquisition.gov/far/part-22#FAR_22_1301 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.

(End of clause)

• FAR 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.

(End of clause)

• FAR 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024) (DEVIATION FEB 2025)

(a) Definitions. As used in this clause—

Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. (7 U.S.C. 8101) (7 CFR 3201.2[7 CFR 4270.2]).

USDA-designated product category means a generic grouping of products that are or can be made with biobased materials— https://www.acquisition.gov/far/part-22#FAR_22_1303 https://www.acquisition.gov/far/part-22#FAR_22_1408

(1) That are listed by USDA in a procurement guideline (7 CFR part 3201, subpart B) available at https://www.biopreferred.gov/resources/categories.html; and

(2) For which USDA has provided purchasing recommendations (available at https://www.biopreferred.gov [ or 7 CFR part 4270]).

(b) The Contractor shall report to https://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any biobased products in USDA-designated product categories purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(c) Submit this report no later than—

(1) October 31 of each year during contract performance; and

(2) At the end of contract performance.

• FAR 52.223-23 Sustainable Products and Services (May 2024) [Deviation Feb 2025]

(a) Definitions. As used in this clause—

Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. (7 U.S.C. 8101) (7 CFR 3201.2) [7 CFR part 4270.2)]).

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. (42 U.S.C. 6903).

Sustainable products and services means products and services that are subject to and meet the following applicable statutory mandates and directives for purchasing:

(1) Statutory purchasing programs.

(i)[(1)] Products containing recovered material designated by the U.S.

Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

(ii)[(2)] Energy- and water-efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated products (42 U.S.C. 8259b) (10 CFR part 436, Page 27 of 28 subpart C) (https://www.energy.gov/eere/femp/search-energy-efficient-products and https://www.energystar.gov/products?s=mega).

(iii)[(3)] Biobased products meeting the content requirement of the USDA under the BioPreferred® program (7 U.S.C. 8102) (7 CFR part 3201[7 CFR part 4270]) (https://www.biopreferred.gov).

(iv)[(4)] Acceptable chemicals, products, and manufacturing processes listed under EPA’s Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap).

(2) Required EPA purchasing programs.

(i) WaterSense® labeled (water efficient) products and services (https://www.epa.gov/watersense/watersense-products).

(ii) Safer Choice-certified products (products that contain safer chemical ingredients) (https://www.epa.gov/saferchoice/products).

(iii) Product and services that meet EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023 (https://www.epa.gov/greenerproducts/recommendations-specifications-standards-and-ecolabels-federal-purchasing).

(b) Requirements.

(1) The sustainable products and services, including the purchasing program and type of product or service, that are applicable to this contract, and any products or services that are not subject to this clause, will be set forth in the statement of work or elsewhere in the contract.

(2) The Contractor shall ensure that the sustainable products and services required by this contract are—

(i) Delivered to the Government;

(ii) Furnished for use by the Government;

(iii) Incorporated into the construction of a public building or public work;

and

(iv) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract (versus costs which are normally applied to the Contractor’s general and administrative expenses or indirect costs). This includes services performed by contractors performing management and operation of Government-owned facilities to the same extent that, at the time of award, an agency would be required to comply if an agency operated or supported the facility.

(3)(i) Except as provided in paragraph (b)(3)(ii) of this clause, sustainable products and services must meet the applicable standards, specifications, or other program requirements at time of quote or offer submission; and

(ii) Sustainable products and services must meet the EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023.

(c) Resource. The Green Procurement Compilation (GPC) available at https://sftool.gov/greenprocurement provides a comprehensive list of sustainable products and services and sustainable acquisition guidance. The Contractor should review the GPC when determining which [statutory] purchasing programs apply to a specific product or service.

https://www.epa.gov/snap

• FAR 52.225-11 Buy American-Construction Materials under Trade Agreements (Nov 2023)

(a) Definitions. As used in this clause—

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 https://www.acquisition.gov/far/part-2#FAR_2_101 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 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.

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, Canada, 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…