Sol_140FC126Q0007.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

140FC126Q0007

FWS Infrastructure FWS Construction & A/E - BIL/Disast 5275 Leesburg Pike Falls Church VA 22041

Adam Graham, Contracting Officer Acquisition Operations, US Dept. of Interior adam_graham@fws.gov

0044010663 N/A

F1B

Adam Graham 7623250609

02/09/2026

03/02/2026

10 150

B08 Solicitation Attachment 1 - Scope of Work (SOW, PWS, SOO) 13 May 2025

B08 Solicitation Attachment 2 Wage Determination #TX20260255 dated 2 Jan 2026

B08 Solicitation Attachment 3 - Line Item Pricing Bid Sheet dated 8 May 2025

1 43

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.

FWS Infrastructure FWS Construction & A/E - BIL/Disast 5275 Leesburg Pike Falls Church VA 22041

F1B

Adam Graham

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

140FC126Q0007

The United States Fish and Wildlife Service

(USFWS) invites offers for the demolition, incidental design, and construction of new shade structures to support plant propagation operations at the Santa Ana National Wildlife

Refuge, Hidalgo County, Texas. The work includes removal of existing structures, site preparation, and construction of permanent shade structures capable of supporting up to

200,000 plant seedlings, in accordance with the

Statement of Work.

This acquisition is a 100% Small Business

Set-Aside using Simplified Acquisition

Procedures under FAR Part 13 and construction procedures under FAR Part 36, with a

Firm-Fixed-Price contract. This procurement is under NAICS 236220 Commercial and Institutional

Building Construction. The solicitation follows a single-phase approach and will be evaluated using a Lowest-Priced Technically Acceptable

(LPTA) methodology. Award will be made to the responsible offeror submitting the lowest-priced quotation that is determined technically acceptable, fair, and reasonable.

A bid guarantee (bid bond) is required in accordance with FAR 52.228-1 and FAR 28.101-1, although sealed bidding is not being utilized.

Prospective offerors are strongly encouraged to attend the organized site visit (see the applicable clause in the solicitation). For any and all questions regarding this solicitation or formal responses, contact Adam Graham, Contract Specialist, at adam_graham@fws.gov

00010 Design and Build of Plant Nursery Shade

Structure

Period of Performance: 03/27/2026 to

08/24/2026

Table of Contents Part I—The Schedule

SECTION B – Supplies or services and prices/costs

SECTION C – Description/specifications/statement of work

SECTION D – Packaging and Marking SECTION E – Inspection and Acceptance

SECTION F – Deliveries or Performance

SECTION G – Contract Administration Data

SECTION H – Special Contract Requirements

Part II—Contract Clauses

SECTION I – Contract Clauses

Part III—List of Documents, Exhibits, and Other Attachments

SECTION J – List of Attachments

Part IV—Representations and Instructions

SECTION K – Representations, certifications, and other statements of offerors or respondents 11

SECTION L – Instructions, conditions, and notices to offerors or respondents

SECTION M – Evaluation Factors for Award

SECTION B – Supplies or services and prices/costs

This requirement is for one (1) Firm Fixed Price Contract. The U.S. Fish and Wildlife Service is seeking design-build services to construct shade structures at the Santa Ana National Wildlife Refuge. These structures are essential for shading up to 200,000 plant seedlings grown in a nursery, supporting efforts to restore native habitats in the Rio Grande Valley.

The project involves demolition and construction activities, including design services. Specifically, the scope includes the removal of existing shade structures, including shade fabric, aluminum poles, and wire attachments, to prepare the site for new facilities.

The contractor will design and construct two new shade structures, each approximately 7,000 square feet in size and 8 feet in height. These structures will feature manually operated retractable shade panels, which will be suspended between two layers of aircraft cable and secured using latch and spring wire or a comparable approved method.

The contractor will provide design documentation, including drawings, sketches, parts lists, and detailed plans, to support efficient construction and facilitate future maintenance by Refuge personnel.

The USFWS is requesting contractors provide a quote based on the following Contract Line Item Numbers and completion of the following:

Name of Firm: ________________________________________________________________________

Address: ____________________________________________________________________________

City: __________________________________ State: __________ Zip Code: __________________

UEI Number: ___________________________ CAGE Code: ___________________________

Name and Title of Firm’s Point of Contact: _________________________________________________

Phone Number: ________________________ Email Address: _________________________

This requirement is for one (1) Firm Fixed Price Construction contract for septic system demolition and replacement at Kenai National Wildlife Refuge Hidden Lake Campground, Soldotna, AK.

Item No.

Supplies/Services Quantity Unit of Measure

Unit Price Total Amount

00010 Mobilization & Demobilization

1 Lump Sum

00020 Demolition 1 Lump

00030 Design 1 Lump

00040 Build/Construction 1 Lump

Grand Total

*Note Line Items may differ at the time of award to match the internal purchase request.

(End of Section B)

SECTION C – Description/specifications/statement of work

The Contractor shall furnish all labor, materials, equipment, and supervision required. See Attachment 1, Statement of Work, that contains specific project requirements for this procurement.

(End of Section C)

SECTION D – Packaging and Marking

D.1.0 PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information, forms, reports, etc., to the (contracting officer) CO or the contracting officer representative (COR) shall be paid by the contractor.

D.2.0 MARKINGS

All information submitted to the Contracting Officer or the Contracting Officer’s Representative shall clearly indicate the Contract Number of the contract for which the information is being submitted.

(End of Section D)

SECTION E – Inspection and Acceptance See Attachment 1, Statement of Work. See also Section I for potentially applicable clauses.

(End of Section E)

SECTION F – Deliveries or Performance

See Attachment 1, Statement of Work. See also schedule on award form.

F.1.0 PERIOD OF PERFORMANCE

See Section I, 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK.

F.2.0 PROGRESS PLAN

At the prework conference, the Contractor shall provide to the COR a written "work progress plan" that details its proposed work force and schedule to provide for orderly completion of the work within the contract performance time. This work schedule must be acceptable to the Government. At a minimum, the schedule must reflect a work progress rate equal to the available amount of contract performance time.

(End of Section F)

SECTION G – Contract Administration Data The following local clauses and notice are provided in full text:

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (February 2021)

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:

1. Invoice billed according to contract line items and rates.

2. Certified payrolls and Statement of Compliance in accordance with clause 52.222-8.

3. If the partial payment is billed and the invoice states a lump sum, the invoice shall include an itemized breakdown and narrative progress summary of the work performed during this invoice period.

4. If final payment is billed, the last invoice shall state “FINAL”.

5. Contractor’s Release of Claims shall be submitted with the final invoice.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone

(866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

Notice to Contractors - Contractor Performance Assessment Reporting System (December 2015)

1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts.

The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a) Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

b) Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

c) All information provided should be reviewed for accuracy prior to submission.

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available and marked as “Pending” with or without comments and whether or not it has been closed.

f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

6) The following guidelines apply concerning your use of the past performance evaluation:

a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of Notice)

(End of Section G)

SECTION H – Special Contract Requirements

H.1.0 WORK HOURS

Unless otherwise specified in the requirements documents or otherwise work hours under this contract shall be limited to the time between one-half hour before sunrise to one-half hour after sunset each day.

No work will be done on Saturday, Sunday, or Federal holidays unless authorized by the COR.

H.2.0 ENVIRONMENTAL INTERRUPTION OF WORK

H.2.1 Environmental - The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions, fire danger, or because it is impracticable to work during the winter season. The Contractor will be given a resume work order which will document the date the work suspension ends. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

H.2.2 Endangered Species - The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, are discovered to be present in or adjacent to the project area.

H.3.0 DRAWINGS

H.3.1 Reduced Size Drawings. Drawings appearing in this package may be photographically reduced in size.

Accordingly, measurements and dimensions should not be taken or be based on any numerical scales shown. The Contractor may request full-size drawings from the COR.

H.4.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

H.4.1 Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.

H.4.2 The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data the contractor will notify the Contracting Officer immediately in writing giving the location and nature of the findings.

H.4.3 Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract Clauses Section of this contract.

H.4.4 The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.

H.5.0 SUBSTITUTION – PROCESSION OF WORK

Any proposed key personnel, minimum qualifications for incoming or replacement key personnel, subcontractors, processes, procedures or materials included in the quotation are hereby incorporated into the contract. Performance shall be limited to the personnel, qualifications, firms, procedures, and materials that were specifically identified in the RFQ response. The Contractor shall obtain the Contracting Officer’s written consent before making any substitutions or changes. All substitutions or replacements shall comply with the terms and conditions of the contract.

H.6.0 ENVIRONMENTAL IMPACT

All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C.1251 ET SEQ); the Clean Air Act as amended (42 U.S.C.

Sec 7401 ET SEQ); the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C.

6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ).

Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

H.7.0 HAZARDOUS MATERIALS

Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize or reduce to powder when dry. Non-friable asbestos containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation or coating.

Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR

1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.

H.8.0 GREEN PROCUREMENT REQUIREMENTS

In the performance of this service or construction contract, the Contractor shall make maximum use of products identified on the mandatory environmental purchasing list at the following links, if applicable:

• U.S. EPA Comprehensive Procurement Guidelines published at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

• USDA Biobased product listings published at https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml

• Energy Star® product listings published at https://www.energystar.gov/productfinder/

• FEMP Low Standby Power product listings published at https://www.energy.gov/femp/low-standby-https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml https://www.energystar.gov/productfinder/ https://www.energy.gov/femp/low-standby-power-product-list power-product-list

Contractor shall comply with all reporting requirements of the following clauses when applicable (See Clause section):

• 52.223-1 Biobased Product Certification

• 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts

• 52.223-4 Recovered Material Certification

• 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items

H.9.0 UNAUTHORIZED PERSONNEL

The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to restricted areas outside of the immediate work area; excluding direct haul and access routes, contracting and Civil Engineering offices and points of supply and storage;

is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.

H.10.0 DAVIS-BACON WAGE RATES APPLICABLE TO TRUCK DRIVERS

29 CFR 5.2 limits coverage of construction contractor or subcontractor employees performing as truck drivers under the Davis-Bacon Act (FAR 52.222-6) to only their time spent directly upon the "site of the work" or when hauling between the site of the work and a facility which is dedicated to and located in the proximity of the actual construction location. Other transportation of materials or supplies to or from the site of work by employees of the construction contractor or subcontractor is not “construction” at the site of work and accordingly is not subject to the Davis-Bacon Act.

H.11.0 FIRE DANGER SEASON

If the COR allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR.

(End of Section H) https://www.energy.gov/femp/low-standby-power-product-list

SECTION I – Contract Clauses

Section I, Part I - FAR Clauses by Reference

52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/browse/index/far

The following clauses are incorporated by reference:

Clause Title Date

52.203-7 Anti-Kickback Procedures JUN 2020

52.203-12 Limitation on Payments to Include Certain Federal Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Right NOV 2023

52.203-19

Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-10

Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and Certifications

DEC 2014

(amended)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

52.204-25

Prohibition of Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27

Prohibition on a ByteDance Covered Application

JUN 2023

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

(Dec 2023).

https://www.acquisition.gov/browse/index/far

52.209-6

Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

JAN 2025

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

NOV 2015

52.215-8 Order of Precedence-uniform Contract Format OCT 1997

52.219-6 Notice of Total Small Business Set Aside NOV 2020

52.219-28 Post-Award Small Business Program Rerepresentation JAN 2025

52.222-3

Convict Labor

June 2003

52.222-4

Contract Work Hours and Safety Standards- Overtime Compensation

(May 2018)

52.222-6

Construction Wage Rate Requirements.

Aug 2018

52.222-7 Withholding of funds MAY 2014

52.222-8 Payrolls and basic records JUL 2021

52.222-10 Compliance with Copeland Act requirement FEB 1988

52.222-11 Subcontracts (labor standards) MAY 2014

52.222-12 Contract termination – debarment MAY 2014

52.222-13 Compliance with construction wage rate requirements and related regulations

MAY 2014

52.222-14 Disputes concerning labor standards FEB 1988

52.222-15 Certification of eligibility MAY 2014

52.222-35

Equal Opportunity for Veterans

52.222-36

Equal Opportunity for Workers with Disabilities

JUL 2014

52.222-37

Employment Reports on Veterans

52.222-50

Combating Trafficking in Persons

NOV 2021

52.222-54 Employment Eligibility Verification

JAN 2025

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026

JAN 2022

52.222-62

Paid Sick Leave Under Executive Order 13706

JAN 2022

52.223-5

Pollution Prevention & Right-To-Know Information

MAY 2024

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

AUG 2018

52.225-9 Buy American-Construction Materials. OCT 2022

52.225-13

Restrictions on Certain Foreign Purchases

FEB 2021

52.226-7

Drug-Free Workplace

52.226-8

Encouraging Contractor Policies to Ban Text Messaging While Driving

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Insert in all solicitations and contracts that include the clause at 52.227-1, Authorization and Consent.)

JUN 2020

52.227-4 Patent Indemnity-Construction Contracts DEC 2007

52.227-11 Patent Rights-Ownership by the Contractor MAY 2014

52.228-2

Additional Bond Security

OCT 1997

52.228-5 Insurance—Work on a Government Installation

JAN 1997

52.228-11

Individual Surety-Pledges of Assets

FEB 2021

52.228-12 Prospective Subcontractor Requests for Bonds DEC 2022 https://www.acquisition.gov/far/52.227-1#FAR_52_227_1

52.228-14

Irrevocable Letter of Credit

NOV 2014

52.228-15 Performance and Payment Bonds-Construction. JUN 2020

52.232-5 Payments Under Fixed-Price Construction Contracts MAY 2014

52.232-11 Extras APR 1984

52.232-23 Assignment of Claims MAY 2014

52.232-27 Prompt Payment for Construction Contracts JAN 2017

52.232-33

Payment by Electronic Funds Transfer—System for Award Management

OCT 2018

52.232-39

Unenforceability of Unauthorized Obligations

JUN 2013

52.232-40

Providing Accelerated Payments to Small Business Subcontractors

MAR 2023

52.233-1

Disputes

MAY 2014

52.233-3

Protest after Award

AUG 1996

52.233-4 Applicable Law for Breah of Contract Claim OCT 2004

52.236-2

Differing Site Conditions

APR 1984

52.236-3 Site investigation and conditions affecting the work.

52.236-5 Material and Workmanship APR 1984

52.236-7 Permits and Responsibilities. NOV 1991

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

APR 1984

52.236-12 Cleaning Up APR 1984

52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for Construction–

ALTERNATE I

APR 1984

52.236-26 Preconstruction Conference FEB 1995

52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities

NOV 2024

52.242-2 Production Progress Reports APR 1991

52.242-14 Suspension of Work APR 1984

52.243-4 Changes JUN 2007

52.244-6 Subcontracts for Commercial Products and Commercial Services

JAN 2025

(DEVIATION

FEB 2025)

52.246-12 Inspection of Construction AUG 1996

52.249-2 Alt I Termination for Convenience of the Government (Fixed- Price)

(SEPT 1996)

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

52.252-4

Alterations in Contract

52.253-1 Computer Generated Forms. JAN 1991

Section I, Part II - FAR Clauses Incorporated Full Text

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 150 calendar days after notice to proceed is issued.* The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.222-9 Apprentices and Trainees (July 2005) (DEVIATION FEB 2025) (a)Apprentices.

(1)An apprentice will be permitted to work at less than the predetermined rate for the work performed when employed- (i)Pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer, and Labor Services (OATELS) or with a State Apprenticeship Agency recognized by the OATELS; or (ii)In the first 90 days of probationary employment as an apprentice in such an apprenticeship program, even though not individually registered in the program, if certified by the OATELS or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.

(2)The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program.

(3)Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph (a)(1) of this clause, shall be paid not less than the applicable wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.

(4)Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed.

Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.

(5)Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification.

If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.

(6)In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(b)Trainees.

(1)Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer, and Labor Services (OATELS). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by

OATELS.

(2)Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate in the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the OATELS shall be paid not less than the applicable wage rate in the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate in the wage determination for the work actually performed.

(3)In the event OATELS withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(End of clause)

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 4270.2).

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8101&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8101&num=0&edition=prelim

USDA-designated product category means a generic grouping of products that are or can be made with biobased materials—

(1) That are listed by USDA in a procurement guideline 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.

(End of clause)

52.223-10 - Waste Reduction Program (MAY 2024) (DEVIATION FEB 2025)

(a) Definitions. As used in this clause-

Recycling means the series of activities, including collection, separation, and processing, by which products or other materials are recovered from the solid waste stream for use in the form of raw materials in the manufacture of products other than fuel for producing heat or power by combustion.

Waste prevention means any change in the design, manufacturing, purchase, or use of materials or products (including packaging) to reduce their amount or toxicity before they are discarded. Waste prevention also refers to the reuse of products or materials.

Waste reduction means preventing or decreasing the amount of waste being generated through waste prevention, recycling, or purchasing recycled and environmentally preferable products.

(b) The Contractor shall establish a program to promote cost-effective waste reduction in all operations and facilities covered by this contract. The Contractor’s programs shall comply with applicable Federal, State, and local requirements, specifically including Section 6002 of the Resource Conservation and Recovery Act ( 42 U.S.C.6962, etseq.) and implementing regulations (40 CFR Part 247).

https://www.biopreferred.gov/ https://www.sam.gov/ http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim

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 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:

(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).

(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, subpart C) ( https://www.energy.gov/eere/femp/search-energy-efficient-products and https://www.energystar.gov/products?s=mega).

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

(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).

(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.

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8101&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8101&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim https://www.ecfr.gov/current/title-40/part-247 https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8259&num=0&edition=prelim https://www.ecfr.gov/current/title-10/part-436/subpart-C https://www.ecfr.gov/current/title-10/part-436/subpart-C https://www.energy.gov/eere/femp/search-energy-efficient-products https://www.energy.gov/eere/femp/search-energy-efficient-products https://www.energystar.gov/products?s=mega http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8102&num=0&edition=prelim https://www.ecfr.gov/current/title-7/subtitle-B/chapter-XXXII/part-3201 https://www.biopreferred.gov/ https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.ecfr.gov/current/title-40/part-82/subpart-G https://www.epa.gov/snap

(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.

(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.

(End of clause)

52.252-4 - Alterations in Contract (APR 1984)

Portions of this contract are altered as follows: None as of solicitation release.

(End of clause)

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance https://sftool.gov/greenprocurement https://sftool.gov/greenprocurement 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 to have 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.

1452.203-70 Restriction on Endorsements - Department of the interior (JUL 1996)

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205-1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service.