Sol_140FGA26R0032.pdf
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- USFWS_KS_Great Plains NC_TITLE III ServicesI
- Solicitation number
- 140FGA26R0032
About this file
This is a Request for Proposal (RFP) for Architect-Engineer (A-E) Construction Administration Services (Title III Services) for the Great Plains Nature Center Renovation project in Wichita, Kansas. The Fish and Wildlife Service issued the solicitation under RFP #140FGA26R0032 on August 7, 2026, with proposals due by September 7, 2026 at 1200 EST. The contract will be a firm-fixed-price award to a single A-E firm, designated as a Total Small Business Set-Aside with NAICS code 541330 and a $25.5 million size standard. The estimated construction contract price ranges from $1 million to $5 million.
The scope includes five primary tasks: attending a teleconference construction support kick-off meeting, performing construction support services, providing on-site inspections and reports, performing commissioning services, and preparing updated as-built drawings. The period of performance is 300 days from the Notice to Proceed, with work anticipated to occur between October 2026 and August 2027. Evaluation will be based on three factors in descending order of importance: Key Personnel and Professional Qualifications (requiring Cost Engineer, Foundation/Geotechnical Engineer, Project Manager, and Structural Engineer with 10+ years' experience and appropriate professional certification); Specialized Experience and Technical Competence (demonstrated through two to five relevant project examples completed within the past ten years); and Capacity and Management Capabilities. Proposals failing to respond or provide complete information for each factor will be deemed non-compliant. After evaluation, the contracting officer will conduct negotiations with the most highly qualified firm regarding labor rates and final pricing, with the selected firm having 14 calendar days to submit its price proposal. The contract incorporates standard FAR clauses and Interior Department acquisition regulations, with payment to be submitted electronically through the Invoice Processing Platform (IPP).
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SOLICITATION/CONTRACT
BIDDER/OFFEROR TO COMPLETE
BLOCKS 11, 13, 15, 21, 22, and 27
1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at
15 CFR 700.
RATING PAGE
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. SOLICITATION NUMBER 5. SOLICITATION TYPE
SEALED BIDS (IFB)
INVITATION FOR
BID
NEGOTIATED
(RFP) REQUEST
FOR PROPOSAL
6. SOLICITATION
ISSUE DATE
8. THIS ACQUISITION IS
9. (Agency Use)
11. IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN
CALENDAR DAYS (60 CALENDAR DAYS UNLESS OFFEROR INSERTS A
DIFFERENT PERIOD) FROM THE DATE SET FORTH IN BLOCK 9 ABOVE, THE
CONTRACTOR AGREES TO HOLD ITS OFFERED PRICES FIRM FOR THE
ITEMS SOLICITED HEREIN AND TO ACCEPT ANY RESULTING CONTRACT
SUBJECT TO THE TERMS AND CONDITIONS STATED HEREIN.
12. ADMINISTERED BY CODE
13. CONTRACTOR
OFFEROR
FACILITY
CODECODE
TELEPHONE NUMBER UNIQUE ENTITY
IDENTIFIER
CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
15. PROMPT PAYMENT DISCOUNT
14. PAYMENT WILL BE MADE BY
SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK:
16. AUTHORITY FOR USING OTHER
THAN FULL AND OPEN COMPETITION
UNDER THE UNITED STATES CODE AT:
10 U.S.C. 3204(a)
17.
ITEM NUMBER
18.
SCHEDULE OF
SUPPLIES/SERVICES
19.
QUANTITY
20.
UNIT
21.
UNIT PRICE
22.
AMOUNT
23. ACCOUNTING AND APPROPRIATION DATA 24. TOTAL AWARD AMOUNT
(For Government Use Only)
25. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO
ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR
OTHERWISE IDENTIFIED ABOVE AND ON ANY CONTINUATION SHEETS SUBJECT TO THE TERMS
AND CONDITIONS SPECIFIED HEREIN.
NUMBER SHOWN IN BLOCK 4 INCLUDING ANY ADDITIONS OR
CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO
ITEMS:
26. AWARD OF CONTRACT:
27. SIGNATURE OF OFFEROR/CONTRACTOR
NAME AND TITLE OF SIGNER (Type or Print) DATE SIGNED
28. UNITED STATES OF AMERICA (Signature of Contracting Officer)
NAME OF CONTRACTING OFFICER DATE SIGNED
STANDARD FORM 1447 (REV. 12/2022)
Prescribed by GSA - FAR (48 CFR) 53.214(d)
7. ISSUED BY
NO COLLECT CALLS
10. ITEMS TO BE PURCHASED (Brief Description)
SUPPLIES SERVICES
41 U.S.C. 253
CODE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION NOT USABLE
NORTH AMERICAN INDUSTRY CLASSIFICATION
SYSTEM (NAICS):
SIZE STANDARD:
% FOR:
SMALL BUSINESS
HISTORICALLY UNDERUTILIZED
BUSINESS ZONE
(HUBZone) SMALL BUSINESS
SERVICE-DISABLED VETERAN-
OWNED SMALL BUSINESS
8(A)
OF
UNRESTRICTED SET ASIDE:
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOSB PROGRAM
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL BUSINESS (EDWOSB)
CODE
OR
PAGES
YOUR OFFER ON SOLICITATION
140FGA26R0032
FWS GAOA
FWS, GAOA
5275 Leesburg Pike Falls Church VA 22041
FWS, GAOA
08/07/2026
FGA 100.00
541330
$25.5
A-E Services, Title III, Great Plains Nature Center, KS
FGA
Thomas Ikner
Delivery: 02/29/2028
Delivery Location Code: 0011280436
FWS GREAT PLAINS NATURE CENTER
6232 EAST 29TH STREET NORTH
WICHITA KS 67220-2200 US
00010 Great Plains Nature Center Renovations - Title
III Services
Continued...
1 3
NO RESPONSE FOR REASONS CHECKED
CANNOT COMPLY WITH SPECIFICATIONS
UNABLE TO IDENTIFY THE ITEM(S)
CANNOT MEET DELIVERY REQUIREMENT
DO NOT REGULARLY MANUFACTURE OR SELL THE TYPE
OF ITEMS INVOLVED
OTHER (Specify)
WE DO WE DO NOT, DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYPE
OF ITEMS INVOLVED
NAME AND ADDRESS OF FIRM (Include ZIP Code) SIGNATURE
TYPE OR PRINT NAME AND TITLE OF SIGNER
FROM: AFFIX
STAMP
HERE
TO:
DATE AND LOCAL TIME
SOLICITATION NUMBER
STANDARD FORM 1447 (REV. 12/2022) BACK
FWS, GAOA
FGA
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
Period of Performance: 10/01/2026 to
10/01/2027
Notice to Offeror
Description: This project is for an Architect-Engineer (A-E) to provide Construction Administration Services (Title III Services) for the Great Plains Nature Center Renovation project.
Location: Great Plains Nature Center 6232 East 29th Street North Wichita, KS 67220
Period of Performance: 300 Days after NTP
Site Visit: Site Visits at the Great Plains Nature Center will be available upon request.
Date for submission of Questions: Date for submission of questions is by 1200 EST, 8/24/2026. Submit questions to Theo Ikner, Contracting Officer@ Thomas_ikner@ios.doi.gov
Solicitation Package RFP #140FGA26R0032 – 21 Pages Statement of Work – 7 pages GPNC Drawings – 31 Pages
Instructions to Offeror:
1. Before submitting an offer, read the entire solicitation package carefully. Return the following items with your response:
1. SF 330 including all portions listed for evaluation Factors
2. SF 1447 Acknowledgment of any/all Amendments to Solicitation
Proposal Due Date: 9/7/2026 1200 EST
Your proposal shall be electronically submitted to the Contracting Officer:
@Thomas_ikner@ios.doi.gov
If your firm is unable to meet the due date for reasons outside of your control, please notify
United States Department of the Interior
FISH AND WILDLIFE SERVICE
the Contracting Officer as soon as practicable.
DESCRIPTION
This project is for an Architect-Engineer (A-E) to provide Construction Administration Services (Title III Services) for the Great Plains Nature Center Renovation project.
Period of performance for Title III Services will be from the date of contract issuance until 300 days, unless modified by the Contracting Officer. The work of this contract shall be provided from approximately October 2026 – August 2027. The intent is to provide support to the Great Plains Nature Center Renovation project, from solicitation through completion of construction.
Task 1 – Attend Teleconference Construction Support Kick-Off Meeting Task 2 – Perform Construction Support Services Task 3 – Provide On-Site Inspections and Reports Task 4 – Perform Commissioning Services Task 5 – Prepare Updated As-Built Drawings
See Statement of Work for Full Task Details and requirements.
CONTRACT TYPE
The Government intends to award one (1) Firm-Fixed-Priced contract. The work will be required during the Great Plains Nature Center Renovations expected to occur between October 2026 – 2027.
SMALL BUSINESS SET-ASIDE:
This is a TOTAL SMALL BUSINESS SET ASIDE incorporating provisions and clauses in effect through Federal Acquisition Circular 2026-02. The NAICS code is 541330 and the small business size standard is $25.5 million.
EVALUATION FACTORS:
The A-E firm must demonstrate qualifications for each key team member based on the following factors, listed in descending order of importance:
EVALUATION METHOD: Adjectival rating for non-price factors:
Rating: Description:
High Confidence
• Demonstrates a high level of technical experience/capabilities
Confidence • Demonstrates a level of technical experience/capabilities that meets standards
Low Confidence • Demonstrates little to no technical experience/capabilities
SELECTION CRITERIA:
Primary factors will be assigned a rating from “High Confidence” to “Low Confidence”, based on the risk to the Government that the Offeror will successfully perform that evaluated factor. An overall rating will also be applied to the proposal submission using the same rating scale. Proposals failing to respond or provide complete information for each factor as required by this solicitation will be determined non-compliant and will be removed from further consideration. After all ratings have been assigned, Offerors will be ranked as “Most Highly Qualified”, “Highly Qualified”, and “Not Qualified”
Factor 1. Key Personnel, Professional Qualifications (SF 330, Part I, Section E & G):
Firms will be evaluated on professional qualifications, competence, and experience of the proposed key personnel in providing services to accomplish the tasks required under this contract, including participation in example projects as outlined in the SF330, Part 1, Section G.
Required disciplines include, but are not limited to:
1. Function Code 18 - Cost Engineer / Estimator *
2. Function Code 27 - Foundation / Geotechnical Engineer *
3. Function Code 48 - Project Manager *
4. Function Code 57 - Structural Engineer *
*(10+ years’ experience plus appropriate state or professional certification commonly recognized for the discipline, if applicable)
Submission Requirements: In Part I, Section E, of the SF330, provide one (1) resume for each of the positions and disciplines identified above. Submit no more than fifteen (15) resumes, each no greater than two (2) pages in length. The selected firm must have, either in-house or through sub-consultants, these positions and disciplines. In Block 13, under Role in this Contract, the same position titles as listed above must be used. The key sub-contractors listed for the projects shall have resume(s) for at least one of the disciplines identified above. The prime contractor shall utilize the same sub-contractors for the duration of the contract unless the Contracting Officer approves a substitution. If an individual will serve in more than one position, then those positions shall be clearly indicated in Block 13. In Block 17, you must include the State & Discipline of professional registration. In Block 19, under Relevant Projects, include only projects having the final project deliverable 100% complete within the past ten (10) years of the posting date of this synopsis.
Factor 2. Specialized Experience and Technical Competence (Projects) (SF330, Part I, Section F):
Firms will be evaluated on specialized experience in performance of services like those anticipated under this contract through evaluation of experience in the following:
Task 1 – Provide Construction Solicitation/Acquisition Support Task 2 – Attend Teleconference Construction Support Kick-Off Meeting Task 3 – Perform Construction Support Services Task 4 – Provide On-Site Inspections and Reports Task 5 – Perform Commissioning Services Task 6 – Prepare Updated As-Built Drawings
Submission Requirements: In Part I, Section F, of the SF330, submit a minimum of two and no more than five projects that include summaries/descriptions that address the Description of Work as described in Section 1.1 and the above specialized experience and technical competence.
Projects must have a 100% final deliverable completed within 10 years of the date of this synopsis. In Part I, Section H, of the SF330, include a narrative/charts/graphs or other supporting information detailing the firm and its proposed team’s ability to address the Description of Work as described in Section 1.1 and the above specialized experience and technical competence.
Rating: Description:
Confidence
• Provides extensive details on all key team members responsible for construction of this project
Confidence • Provides some details on team members responsible for construction of this project.
Low Confidence • Provides no list or details on team members responsible for construction of this project.
Factor 3 Capacity and Management Capabilities Firms will be evaluated on the firm’s ability to plan for and manage work under the contract and their capacity to accomplish the work in the required time.
Submission Requirements: In Part I, Section H, of the SF330, describe the firm’s and its proposed team’s capacity to perform these management services. Describe the firm’s present workload and the availability of the project team (including consultants) for the specified contract performance period. Describe the workload/availability of the key personnel during the anticipated contract performance period and the ability of the firm to provide qualified backup staffing for key personnel to ensure continuity of services. General statements of availability/capacity may be considered less favorably.
Rating: Description:
Confidence
• Demonstrates a high level of capacity and management capabilities in projects.
Confidence • Demonstrates a level of capacity and management capabilities that meets standards
Low Confidence • Demonstrates little to no capacity and management capabilities
SELECTION OF MOST HIGHLY QUALIFIED FIRM:
Once evaluations have taken place discussions with the most highly qualified firm Using FAR 36.602-5 Short selection process for contracts not to exceed the simplified acquisition threshold.
(a) Selection by the board. The board shall review and evaluate architect-engineer firms in accordance with 36.602-3, except that the selection report shall serve as the final selection list and shall be provided directly to the contracting officer. The report shall serve as an authorization for the contracting officer to commence negotiations in accordance with 36.606.
(b) Selection by the chairperson of the board. When the board decides that formal action by the board is not necessary in connection with a particular selection, the following procedures shall be followed:
(1) The chairperson of the board shall perform the functions required in 36.602-3.
(2) The agency head or designated selection authority shall review the report and approve it or return it to the chairperson for appropriate revision.
(3) Upon receipt of an approved report, the chairperson of the board shall furnish the contracting officer a copy of the report which will serve as an authorization for the contracting officer to commence negotiations in accordance with 36.606.
Evaluation boards will be held in accordance with CFR 1436.602-3 and 1436.602-4.
Negotiations will be held in accordance with FAR 36.606 with the highest qualified firm and a Request for Proposal (RFP) will be issued requesting Labor Categories and full contract price proposal. The list of labor category rates must at a minimum include those positions listed in the evaluation criteria and tasking from the Statement of work. The A/E firm will have fourteen (14) calendar days to submit their price proposal. Late responses will be handled in accordance with
FAR 52.215-1.
Negotiations will then take place to reach an agreement on fully loaded labor rates. Once the labor rates have been approved, an award will be finalized and issued.
NOTE: Be advised that the controlling law regarding certain terms and conditions of this agreement remains unsettled by the Federal judiciary at the time of award and will be enforced only to the extent permitted by law. Notice will be provided regarding the legal outcomes that impact your agreement.
CLAUSES
52.252-2 Clauses Incorporated by Reference.
As prescribed in 52.107(b), insert the following clause:
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/far-overhaul (FAR clauses begin wit
The following clauses are incorporated by reference:
Clause Title Date 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.222-54 Employment Eligibility Verification JAN 2025 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving MAY 2024 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement JUN 2020 52.227-11 Patent Rights-Ownership by the Contractor MAY 2014 52.232-10 Payments Under Fixed-Price Architect-Engineer Contracts APR 2010
52.232-16 Progress Payments APR 2026 52.232-24 Prohibition of Assignment of Claims MAY 2014 52.232-26 Prompt Payment for Fixed-Price Architect-Engineer Contracts JAN 2017 52.233-1 Disputes APR 2026 52.233-3 Protests after Award APR 2026 52.233-4 Applicable Law for Breach of Contract Claim APR 2026 52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984 52.242-14 Suspension of Work APR 1984 52.244-4 Subcontractors and Outside Associates and Consultants (Architect-
Engineer Services)
AUG 1998
52.249-7 Termination (Fixed-Price Architect-Engineer) APR 1984 52.249-8 Default (Fixed-Price Supply and Service) APR 1984
The following clauses are provided in full text:
52.204-13 System for Award Management—Maintenance (OCT 2018) (DEVIATION MAR 2026) As prescribed in 4.208(b)(2), use the following clause:
(a) Definitions. As used in this clause— Commercial and Government Entity code means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location (referred to as “CAGE code”); or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency to entities located outside the United States and its outlying areas that the DLA CAGE Branch records and maintains in the CAGE master file (referred to as “NCAGE code”).
Unique Entity Identifier (UEI) means an identifier used to identify a specific commercial, nonprofit, or Government entity.
(b) Active registration.
(1) The Contractor shall maintain an active Federal Government contracts registration in the System for Award Management (SAM) at https://www.sam.gov during contract performance and through final payment under this contract. To maintain an active registration in SAM, the Contractor shall review at least annually its registration in SAM and validate that the information is current, accurate, and complete.
(2) The Contractor is responsible for the currency, accuracy, and completeness of the information provided within SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete information. Updating SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(c) Novation and change-of-name agreements.
(1) If the Contractor has legally changed its business name or “doing business as” name (whichever is shown on the contract), or has transferred the assets used to perform the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in part 42 of the Federal Acquisition Regulation (FAR), the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to —
(i) Change the legal business name in SAM;
(ii) Comply with the requirements of FAR part 42; and
(iii) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with its written notification sufficient documentation to support the legally changed name.
(2) If the Contractor fails to comply with the requirements of paragraph (c)(1) of this clause, or fails to perform the agreement at paragraph (c)(1)(iii) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.
(d) Assignees.
(1) The Contractor shall not change the legal business name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR part 32). Assignees shall be separately registered in SAM.
(2) Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.
(e) Unique entity identifier (UEI). The Contractor shall ensure that its UEI is maintained throughout the life of the contract.
(f) Commercial and Government Entity (CAGE) code. The Contractor shall ensure that the CAGE code is maintained throughout the life of the contract. To update a CAGE code, the Contractor shall initiate the change by updating its SAM registration.
(g) Communicating changes. The Contractor shall communicate any change to its UEI or CAGE code to the Contracting Officer within 30 days after the change, so a modification can be issued to update the UEI or CAGE code on this contract. A change in the UEI does not necessarily require a novation.
(End of clause) Alternate I (DATE). As prescribed in 4.208(b)(2), replace paragraph (b) of the basic clause with the following paragraph (b):
(b) Active registration.
(1) If the Contractor was unable to register for Federal Government contracts in the System for
Award Management (SAM) at https://www.sam.gov before award, the Contractor shall register in SAM within 30 days after contract award or at least three days before submitting the first invoice, whichever occurs first.
(2) The Contractor shall maintain an active Federal Government contracts registration in SAM during contract performance and through final payment under this contract. To maintain an active registration in SAM, the Contractor shall review at least annually its registration in SAM and validate that the information is current, accurate, and complete.
(3) The Contractor is responsible for the currency, accuracy, and completeness of the information provided within SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete information. Updating SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(End of Clause)
52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services). (OCT 2025) (DEVIATION MAR 2026) As prescribed in 13.302-5(d), insert clause:
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—
(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—
(1) Notify the Contracting Officer in writing as soon as possible;
(2) Remedy the delay as quickly as possible; and
(3) Notify the Contracting Officer when the occurrence is over.
(c) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(d) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(e) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(End of clause)
52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) (DEVIATION JAN 2026) As prescribed in 19.104-3(a), insert the clause:
(a) Definition. Small business concern, as used in this clause—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.
(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships.
SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
(b) Applicability. This clause applies only to-
(1) Contracts that have been set aside for small business concerns; and
(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.4 and 16.5.
(c) General.
(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.
(2) Any award resulting from this solicitation will be made to a small business concern.
(End of clause)
Alternate I (MAR 2020) . As prescribed in 19.104-3(a), substitute the following paragraph (c) for paragraph (c) of the basic clause:
(c) General.(1) Offers are solicited only from small business concerns and Federal Prison Industries, Inc.
(FPI). Offers received from concerns that are not small business concerns or FPI shall be considered nonresponsive and will be rejected.
(2) Any award resulting from this solicitation will be made to either a small business concern or FPI.
52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) (DEVIATION MAY 2026) As prescribed in 22.1401-2(a)(1), insert the clause
(a) Equal opportunity clause. The Contractor must abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor must include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1401-2(a)(1) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor must act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
(End of clause) Alternate I (JULY 2014). As prescribed in 22.1401-2(a)(2), add the following as a preamble to the clause:
Notice: The following term(s) of this clause are waived for this contract: _______________ [List term(s)].
(End)
52.222-90 Addressing DEI Discrimination by Federal Contractors (MAY 2026) (DEVIATION MAY 2026)
As prescribed in 22.2203, insert the clause:
(a) Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.
Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.
(b) In connection with the performance of work under this contract, the Contractor agrees as follows:
(1) The Contractor will not engage in any racially discriminatory DEI activities;
(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;
(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;
(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and
(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.
(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).
(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.
52.236-22 Design Within Funding Limitations (APR 1984) (DEVIATION JAN 2026) As prescribed in 36.102-4(a), insert the clause:
(a) The Contractor shall accomplish the design services required under this contract to permit the award of a contract, using standard Federal Acquisition Regulation procedures for the construction of the facilities designed at a price that does not exceed the estimated construction contract price as set forth in paragraph
(d) of this clause.
(1) When bids or proposals for the construction contract are received that exceed the estimated price, the Contractor shall perform such redesign and other services as are necessary to permit contract award within the funding limitation.
(2) These additional services shall be performed at no increase in the price of this contract.
(3) The Contractor shall not be required to perform such additional services at no cost to the Government if the unfavorable bids or proposals are the result of conditions beyond its reasonable control.
(b) The Contractor will promptly provide written notice to the Contracting Officer if it finds that the project will exceed or is likely to exceed the funding limitations and it is unable to design a usable facility within these limitations.
(1) Upon receipt of such written notice, the Contracting Officer will review the Contractor's revised estimate of construction cost.
(2) The Government may, if it determines that the estimated construction contract price set forth in this contract is so low that award of a construction contract not in excess of such estimate is improbable,—
(i) Authorize a change in scope or materials as required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth in paragraph (d) of this clause; or
(ii) The Government may adjust such estimated construction contract price.
(c) When bids or proposals are not solicited or are unreasonably delayed, the Government shall prepare an estimate of constructing the design submitted and such estimate shall be used in lieu of bids or proposals to determine compliance with the funding limitation.
(d) The estimated construction contract price for the project described in this contract is $1M - $5M.
52.236-23 Responsibility of the Architect-Engineer Contractor (APR 1984) (DEVIATION JAN 2026) As prescribed in 36.102-4(b), insert the clause:
(a) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Contractor under this contract.
(b) The Contractor shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services.
(c) Neither the Government’s review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract.
(d) The Contractor shall be and remain liable to the Government, in accordance with applicable law, for all damages to the Government caused by the Contractor’s negligent performance of any of the services provided under this contract.
(e) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.
(f) If the Contractor is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.
(End of clause) 52.236-24 Work Oversight in Architect-Engineer Contracts (APR 1984) (DEVIATION JAN 2026) As prescribed in 36.102-4(c), insert the clause:
The extent and character of the work to be done by the Contractor shall be subject to the general oversight, supervision, direction, control, and approval of the Contracting Officer.
(End of clause) 52.236-25 Requirements for Registration of Designers (JUN 2003) (DEVIATION JAN 2026) As prescribed in 36.102-4(d), insert the clause:
Architects or engineers registered to practice in the particular professional field involved in a State, the District of Columbia, or an outlying area of the United States shall prepare or review and approve the design of architectural, structural, mechanical, electrical, civil, or other engineering features of the work.
(End of clause)
52.240-93 Basic Safeguarding of Covered Contractor Information Systems (DEVIATION MAR 2026) As prescribed in 40.303-2, insert the clause:
(a) Definitions. As used in this clause— Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information—
(1) Means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government; but
(2) Does not include information provided by the Government to the public (such as on public websites) or simple transactional information (such as information necessary to process payments).
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements.
(1) Basic requirements. The Contractor shall safeguard its covered contractor information systems by implementing, at minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal departments and agencies relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products, other than commercially available off-the-shelf items, or commercial services), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of clause)
52.243-1 Changes-Fixed-Price (APR 1984) (DEVIATION OCT 2025) As prescribed in 43.305(a)(1), insert the clause. Agency procedures may vary the 30-day period.
(a) (1) At any time, the Contracting Officer may issue a written order making changes within the scope of this contract related to:
(i) Drawings, designs, or specifications which require special manufacturing of supplies for the Government,
(ii) The method of shipment or packing, or
(iii) Place of delivery.
(2) If there are any sureties, the Contracting Officer does not need to notify them of a written order.
(b) Whether or not changed by the order, if any of the changes cause an increase or decrease in the cost of, or the time required for, performance of the work under this contract, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.
(c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.
(d) If the Contractor's proposal includes the cost of property made obsolete or has become excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property.
(e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
As prescribed in 52.107(f), insert the clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation.
(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)
52.253-1 Computer Generated Forms (JAN 1991) (DEVIATION MAY 2026) As prescribed in FAR53.111, insert the clause:
(a) Any data required to be submitted on a Standard or Optional Form prescribed by the Federal Acquisition Regulation (FAR) may be submitted on a computer generated version of the form, provided there is no change to the name, content, or sequence of the data elements on the form, and provided the form carries the Standard or Optional Form number and edition date.
(b) Unless prohibited by agency regulations, any data required to be submitted on an agency unique form prescribed by an agency supplement to the FAR may be submitted on a computer generated version of the form provided there is no change to the name, content, or sequence of the data elements on the form and provided the form carries the agency form number and edition date.
(c) If the Contractor submits a computer-generated version of a form that is different than the required form, then the rights and obligations of the parties will be determined based on the content of the required form.
(End of clause) **Department of the Interior Acquisition Regulation (DIAR) – CLAUSES
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. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph
(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.
(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.
(End of clause)
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. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.
(End of clause)
1452.204-70 RELEASE OF CLAIMS (JUL 1996) (DEVIATION MAR 2026)
After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-
137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.
(End of clause)
1452.215-70 Examination of Records by the Department of the Interior. Examination of Records by the Department of the Interior (APR 1984) For purposes of the Examination of Records by the Comptroller General clause of this contract (FAR 52.215- 1), the Secretary of the Interior, the Inspector General, and their duly authorized representative(s) from the Department of the Interior shall have the same access and examination rights as the Comptroller General of the United States.
(End of clause)
1452.228-70 Liability Insurance - Department of the Interior (JUL 1996)
(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:
$__$500,000 each person* ($275,000.00 each person*) $__ $500,000____each occurrence* ($500,000.00 each occurrence*) $___$250,000___property damage* ($20,000.00 property damage*)
(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.
*These amounts to be set by the Contracting Officer.
(End of clause)
1452.237-70 Information Collection - Department of the Interior (JUL 1996) If performance of this contract requires the contractor to collect information on identical items from ten or more public respondents, no action shall be taken or funds expended in the solicitation or collection of such information until the contractor has received from the Contracting Officer written notification that approval has been obtained from the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980. The Contractor agrees to provide all information requested by the Contracting Officer which is necessary to obtain approval from OMB.
(End of clause)
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…
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