Sol_140FC225R0016.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION CALL

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

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

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040658099

FWS Constr A/E 2

FWS, Construction A/E Team 2

5275 Leesburg Pike Falls Church VA 22041

FC2

Mr. Micah Holmes

Micah_Holmes@fws.gov

Micah Holmes 0000000000

1x 07/24/2025

140FC225R0016

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

ELIGIBILITY: Total Small Business Set Aside. Offerors must be registered in SAM.gov before the closing date and time of the solicitation to be eligible for award.

Lump Sum Total Price: $__________________________________________

Contractor Offered Delivery Days: ______(Calendar Days after NTP)

Requested Delivery: 410 Days (Failure to offer delivery means offeror accepts)

INSTRUCTION TO OFFERORS: Submit all offers/bids to: Micah_Holmes@fws.gov

Bid Bonds must be furnished by the time set for opening of bids.

SITE VISIT: To be announced during Phase II.

All Requests for Information (RFI) MUST be submitted using the attached RFI form.

PLACE OF PERFORMANCE: 227 Washington Ave., Lamar, PA 16848

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

Continued ...

11. The Contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

5 410 calendar days and complete it within ________________ ________________ calendar days after receiving

52.211-10

08/07/2025

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 12/2022)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

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

BY

2PAGE OF

FWS Constr A/E 2 FWS, Construction A/E Team 2

5275 Leesburg Pike Falls Church VA 22041

FC2

Micah Holmes

28. NEGOTIATED AGREEMENT 29. AWARD

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

copies to issuing office.) Contractor agrees to furnish

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

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

and return

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

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 68

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140FC225R0016

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.

Delivery: 11/11/2026

Delivery Location Code: 0011286430

FWS LAMAR NFH AND NE FSHRY CTR

227 Washington Avenue

P.O. BOX 75

LAMAR PA 16848-0075 US

Period of Performance: 09/27/2025 to 11/11/2026

00010 Feed House Rehab provide design, engineering, and construction services for the rehabilitation of the Feed House building at the Lamar Fish

Technology Center in accordance with the attached

Statement of Work.

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

Sponsored by GSA

FAR (48 CFR) 53.110

Feed House Building Rehabilitation Design/Build at Lamar NFH FWS

SOLICITATION NO. 140FC225R0016

Section Title

Part I—The Schedule

A Solicitation/contract form

B Supplies or services and prices

C Description/specifications

D Packaging and marking

E Inspection and acceptance

F Deliveries or performance

G Contract administration data

H Special contract requirements

Part II—Contract Clauses

I Contract clauses

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

J List of documents, exhitibs, and other attachments

Part IV—Representations and Instructions

K Representations, certifications, and other statements of bidders

L Instructions, conditions, and notices to bidders

M Evaluation factors for award

SOLICITATION NO. 140FC225R0016

SECTION B – SUPPLIES OR SERVICES AND PRICES

Contractor firm shall provide design, engineering, construction, and construction services for the rehabilitation of the Feed House building at the Lamar Fish Technology Center, Lamar, Pennsylvania.

Name of Firm:

Address:

City: State: Zip Code:

SAM.gov UEI Number: CAGE Code:

Contractor Email: Contractor Federal Tax ID:

Name and Title of Firm’s Point of Contact:

Phone Number: Email Address:

Total LS Price $

LS = Lump Sum

(End of Section B)

SOLICITATION NO. 140FC225R0016

SECTION C – DESCRIPTION/SPECIFICATIONS

The Contractor shall furnish all labor, materials, equipment, and supervision required for the location described in the statement of work or as shown in the contract drawings and specifications.

See Attachment(s).

(End of Section C)

SOLICITATION NO. 140FC225R0016

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 CO or the 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)

SOLICITATION NO. 140FC225R0016

SECTION E – INSPECTION AND ACCEPTANCE

The following clauses are incorporated by reference:

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

(End of Section E)

SOLICITATION NO. 140FC225R0016

SECTION F – DELIVERIES OR PERFORMANCE

The following clauses are incorporated by reference:

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984

52.242-14 SUSPENSION OF WORK APR 1984

F.1.0 PERIOD OF PERFORMANCE

52.211-10 – COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 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 410 days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

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 Clause)

(End of Section F)

SOLICITATION NO. 140FC225R0016

SECTION G – CONTRACT ADMINISTRATION DATA

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. Requests permitted at no shorter than monthly intervals.

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. (Must be Signed by the COR).

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) (End of Section G) https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

SOLICITATION NO. 140FC225R0016

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1.0 WORK HOURS

Unless otherwise specified in Section C, Specifications, 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 suspension of 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.

SOLICITATION NO. 140FC225R0016

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

SOLICITATION NO. 140FC225R0016

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 www.epa.gov/cpg/products.htm.

• USDA Biobased product listings published at www.biopreferred.gov.

• Energy Star® product listings published at www.energystar.gov/products.

• FEMP Low Standby Power product listings published at http://energy.gov/eere/femp/covered-product-categories

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

• 52.223-1 Biobased Product Certification (MAY 2024) (DEVIATION FEB 2025) (embedded at FAR 52.204-7)

• 52.223-4 Recovered Material Certification (embedded at FAR 52.204-7)

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

(embedded at FAR 52.204-8)

• 52.223-17 Affirmative Procurement of EPA Designated Items in Service and Construction

Contracts

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(j) limits coverage of construction contractor or subcontractor employees performing as truck drivers under the Davis-Bacon Act (FAR 52.222-6 (DEV FEB 2025)) 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

http://www.epa.gov/cpg/products.htm http://www.bioprefferd.gov/ http://www.energystar.gov/products http://energy.gov/eere/femp/covered-product-categories

SOLICITATION NO. 140FC225R0016

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.

CONTRACTOR PERSONNEL SECURITY AND SUITABILITY REQUIREMENTS (DEC 2009)

Performance of this contract requires contractor personnel to have a Federal government-issued Personal Identify Verification (PIV) credential before being allowed unsupervised access to a DOI [facility and/or information system]. The Contracting Officer’s Representative (COR) or Contracting Officer’s Technical Representative (COR) will be the requesting official, and will make arrangements through a DOI Access Card Sponsor for personal identity verification and DOI Access Card issuance.

At least two weeks before start of contract performance, the Contractor must identify all contractor and subcontractor personnel who will require [physical and/or logical] access for performance of work under this contract. Physical Access means routine, unescorted or unmonitored access to non-public areas of a Federally-controlled facility. Logical Access means routine, unsupervised access to a Level 3 or 4 Federally controlled information system. The Contractor must make their personnel available at the place and time specified by the COR/COTR or DOI Access Card Sponsor in order to initiate screening and background investigations. The following forms and inquiries, or their equivalent, will be used to initiate the credentialing process:

• OPM Standard Form 85 or 85P

• OF 306

• National Criminal History Check (NCHC) (local procedures may require the fingerprinting to be done at a police station; in that case, any charges are to be borne by the contractor)

• Release to Obtain Credit Information

• PIV card application (web-based)

Before starting work under this contract, a National Criminal History Check (NCHC) will be initiated to verify the identity of the individual applying for clearance and to determine the individual’s suitability for the position. If the NCHC adjudication is favorable, a DOI Access Card will be issued for that individual. If the adjudication is unfavorable, the credentials will not be issued and the contractor must make other arrangements for performance of the work. In the event of a disagreement between the Contractor and the Government concerning the suitability of an individual to perform work under this contract, DOI shall have the right of final determination.

Contractor employees must give, and authorize others to give, full, frank, and truthful answers to relevant and material questions needed to reach a suitability determination. Refusal or failure to furnish or authorize provision of information may constitute grounds for denial or revocation of credentials. Government personnel may contact the contractor personnel being screened or investigated in person, by telephone or in writing, and the Contractor must ensure they are available for such contact.

SOLICITATION NO. 140FC225R0016

Alternatively, if an individual has already been credentialed by another agency through OPM, and that credential has not yet expired, further investigation may not be necessary. In that case, the contractor must provide the COR/COTR with documentation that supports the individual’s credentialed status.

Contractor employees who have been successfully adjudicated will be issued DOI Access Cards, which must be activated as a USAccess Credentialing Center. Those Contractor employees not located within a reasonable travel time of a USAccess Credentialing Center will be screened and issued alternate credentials, such as temporary access badges.

During performance of the contract, the Contractor must keep the COR/COTR apprised of changes in personnel to ensure that performance is not delayed by compliance with credentialing processes. Cards that have been lost, damaged, or stolen must be reported to the COR/COTR and Issuing Office within 24 hours. If reissuance of expired credentials is needed, it must be coordinated through the COR/COTR.

At the end of contract performance, or when a contractor employee is no longer working under this contract, the Contractor must ensure that all identification cards are returned to the COR/COTR.

This requirement must be incorporated into any subcontracts that require subcontractor personnel to have routine unsupervised access to a Federally controlled facility for more than 180 calendar days or any unsupervised access to a Federally controlled Level 3 or 4 information system.

(End of clause)

(End of Section H)

SOLICITATION NO. 140FC225R0016

SECTION I – CONTRACT CLAUSES

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):

Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52)

(End of Clause)

The following clauses are incorporated by reference:

Clause Title Date

52.202-1 DEFINITIONS JUN 2020

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT JUN 2020

52.203-7 ANTI-KICKBACK PROCEDURES JUN 2020

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR

ILLEGAL OR IMPROPER ACTIVITY

MAY 2014

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY MAY 2014

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

JUN 2020

52.203-14 Display of Hotline Poster(s) NOV 2021

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS

JAN 2017

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER

MAY 2011

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL JAN 2011

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

SOLICITATION NO. 140FC225R0016

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS

JUN 2020

52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE OCT 2016

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS OCT 2016

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS

DEC 2014

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS

NOV 2021

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KAPERSKY LAB AND OTHER

COVERED ENTITIES

DEC 2023

52.204-25 PROHIBITION ON 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

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,

OR PROPOSED FOR DEBARMENT

NOV 2021

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS

OCT 2018

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS

NOV 2015

52.215-2 AUDIT AND RECORDS—NEGOTIATION JUN 2020

52.215-8 ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT OCT 1997

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE NOV 2020

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS FEB 2024

52. 219-14 LIMITATIONS ON SUBCONTRACTING OCT 2022

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION FEB 2024

SOLICITATION NO. 140FC225R0016

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES FEB 1997

52.222-3 CONVICT LABOR JUN 2003

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS – OVERTIME

COMPENSATION

MAY 2018

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (DEVIATION FEB 2025) AUG 2018

(DEV FEB 2025)

52.222-7 WITHHOLDING OF FUNDS MAY 2014

52.222-8 PAYROLLS AND BASIC RECORDS JUL 2021

52.222-9 APPRENTICES AND TRAINEES (DEVIATION FEB 2025) JUL 2005

(DEV FEB 2025)

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS FEB 1988

52.222-11 SUBCONTRACTS (LABOR STANDARDS) (DEVIATION FEB 2025) MAY 2014

(DEV FEB 2025)

52.222-12 CONTRACT TERMINATION – DEBARMENT (DEVIATION FEB 2025) MAY 2014

(DEV FEB 2025)

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 JUN 2020

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES JUN 2020

52.222-37 EMPLOYMENT REPORTS ON VETERANS JUN 2020

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT

DEC 2010

52.222-50 COMBATING TRAFFICKING IN PERSONS NOV 2021

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION MAY 2022

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 2011

52.223-6 DRUG-FREE WORKPLACE MAY 2001

52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING

POTENTIAL HYDROFLUOROCARBONS

JUN 2016

52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS MAY 2020

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING

JUN 2020

52.223-20 AEROSOLS JUN 2016

52.223-21 FOAMS JUN 2016

52.223-23 SUSTAINABLE PRODUCTS AND SERVICES (DEVIATION FEB 2025) MAY 2024

(DEV FEB 2025)

SOLICITATION NO. 140FC225R0016

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES FEB 2021

52.227-1 AUTHORIZATION AND CONSENT JUN 2020

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT

JUN 2020

52.227-4 PATENT INDEMNITY-CONSTRUCTION CONTRACTS DEC 2007

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

52.228-14 IRREVOCABLE LETTER OF CREDIT NOV 2014

52.228-15 PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION JUN 2020

52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB 2013

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS MAY 2014

52.232-17 INTEREST MAY 2014

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 PAYMENT TO SMALL BUSNIESS

SUBCONTRACTORS

MAR 2023

52.233-1 DISPUTES MAY 2014

52.233-1 DISPUTES--ALTERNATE 1 DEC 1991

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR APR 1984

52.236-2 DIFFERING SITE CONDITIONS APR 1984

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK APR 1984

52.236-5 MATERIAL AND WORKMANSHIP APR 1984

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR APR 1984

52.236-7 PERMITS AND RESPONSIBILITIES NOV 1991

52.236-8 OTHER CONTRACTS APR 1984

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS

APR 1984

52.236-10 OPERATIONS AND STORAGE AREAS APR 1984

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION APR 1984

52.236-12 CLEANING UP APR 1984

52.236-13 ACCIDENT PREVENTION NOV 1991

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES APR 1984

52.236-17 LAYOUT OF WORK APR 1984

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION FEB 1997

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION – ALTERNATE I APR 1984

52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995

52.242-13 BANKRUPTCY JUL 1995

52.243-4 CHANGES JUN 2007

SOLICITATION NO. 140FC225R0016

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEVIATION FEB 2025)

FEB 2024

(DEV FEB 2025)

52.246-21 WARRANTY OF CONSTRUCTION MAR 1994

52.248-3 VALUE ENGINEERING—CONSTRUCTION OCT 2020

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-

PRICE)--ALTERNATE I

SEP 1996

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) APR 1984

52.253-1 COMPUTER GENERATED FORMS JAN 1991

The following clauses are provided in full text:

52.225-9 – BUY AMERICAN–CONSTRUCTION MATERIALS (OCT 2022)

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial 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.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts https://www.acquisition.gov/far/2.101#FAR_2_101

SOLICITATION NO. 140FC225R0016

or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if–

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the https://www.acquisition.gov/far/25.105#FAR_25_105

SOLICITATION NO. 140FC225R0016

materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together.

Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

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

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

NONE

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

(i)The cost of domestic construction material would be unreasonable.

http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/12.505#FAR_12_505

SOLICITATION NO. 140FC225R0016

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1)The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(2)For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

(3)The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.

(1)The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

(2)For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.

(3)The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

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

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

(c) Request for determination of inapplicability of the Buy American statute.(1)

SOLICITATION NO. 140FC225R0016

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

SOLICITATION NO. 140FC225R0016

Construction material description Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

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

(End of Clause)

52.228-1 – BID GUARANTEE (SEPT 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds –

(1) To unsuccessful bidders as soon as practicable after the opening of bids, and (2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20% of the bid price or $1,000,000.00, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Clause)

SOLICITATION NO. 140FC225R0016

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 DIAR] (48 CFR 1401) 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 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.