Sol_140L0625B0005.pdf
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- Attached to
- LITTLE ROBBER DETENTION DAM RECONSTRUCTION Federal contract opportunity
- Solicitation number
- 140L0625B0005
About this file
This is an Invitation for Bid (IFB) for the Little Robber Dam Reconstruction project, issued by the Bureau of Land Management (BLM). The solicitation is for a firm-fixed-price construction contract to reconstruct the Little Robber Dam, located approximately 11 miles north of Baggs, Wyoming. The project is set aside for total small businesses with a size standard of $45M, and is classified under NAICS code 237990 for heavy construction.
Key details include a project completion timeline of 395 calendar days, with work to begin within 7 calendar days of the notice to proceed. The total contract value is between $1M-$5M. Bids are due by July 31, 2025, with a virtual bid opening on August 4, 2025. The contract requires performance and payment bonds, and contractors must perform at least 15% of the work with their own employees. A mandatory site visit is scheduled for July 10, 2025, at 10:00 AM local time. Wage rates will be in accordance with the Construction Wage Rate Requirements Statute, and contractors must comply with specific subcontracting limitations and reporting requirements.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Attch_9_A0002_LittleRobberDam_Bids_Abstract_0002.pdf | ||
| Sol_140L0625B0005_Amd_0002.pdf | ||
| Sol_140L0625B0005_Amd_0001.pdf | ||
| Attch_8_A0001_LittleRobberDam_Questions___Answers_0001.pdf | ||
| Attch_7_A0001_LittleRobberDam_PRE-BID_Attendees__Conference_0001.pdf | ||
| Attch_6_A0001_LittleRobberDam_SF1442_Cont__Pages_0001.pdf | ||
| Attch_4_-_LittleRobberDam_SchedofItems_Final.pdf | ||
| Attch_5_-_LittleRobberDam_Lim_on_Sub_Breakout.xlsx | XLSX spreadsheet | |
| Attch_1_-_LittleRobberDam_TechSpecs_Final.pdf | ||
| Attch_2_-_LittleRobberDam_Drawings_Final.pdf | ||
| Attch_3_-_LittleRobberDam_WD_Heavy_WY20250037.pdf |
Show all 11
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Text version
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)
0044009322
BLM CONSTRUCTION and A&E - NOC
DENVER FEDERAL CENTER
BUILDING 85
PO BOX 25047
LNC
DENVER CO 80225-0047
Greetchen Jeremie - gjeremie@blm.gov
Greetchen Jeremie 3032362626 x
06/30/2025
140L0625B0005
INVITATION FOR BID
REQUEST FOR PROPOSAL
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
This acquisition shall be conducted IAW FAR Part 14, Sealed bidding.
This solicitation is an electronic Invitation for Bid (IFB) for Little Robber Dam
Reconstruction. The resultant contract shall be firm-fixed price. Contract documents have been published on the Government Point of Entry Site: www.sam.gov.
Attachments:
Attachment 1 - LittleRobberDam_TechSpecs_Final
Attachment 2 - LittleRobberDam_Drawings_Final
Attachment 3 - LittleRobberDam_WD Heavy WY20250037
Attachment 4 - LittleRobberDam_SchedofItems_Final
Attachment 5 - LittleRobberDam_Lim on Sub Breakout
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.)
7 395 calendar days and complete it within ________________ ________________ calendar days after receiving
FAR 52.211-10
07/31/2025
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
BLM CONSTRUCTION and A&E - NOC
DENVER FEDERAL CENTER
BUILDING 85
PO BOX 25047
LNC
DENVER CO 80225-0047
Greetchen Jeremie
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 34
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
140L0625B0005
Delivery: 395 Days After Notice to Proceed
Delivery Location Code: 0011276730
BLM-WY RAWLINS FIELD OFFICE*
1300 N THIRD ST.
PO BOX 2407
RAWLINS WY 82301-2407 US
00010 LITTLE ROBBER DAM RECONSTRUCTION
Product/Service Code: Y1KA
Product/Service Description: CONSTRUCTION OF DAMS
00020 LITTLE ROBBER DAM RECONSTRUCTION
Product/Service Code: Y1KA
Product/Service Description: CONSTRUCTION OF DAMS
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
140L0625B00005
GAOA LITTLE ROBBER DAM RECONSTRUCTION
INVITATION FOR BID (IFB)
Type of Contract: Construction, Firm Fixed Priced (FFP), Single Award Contract
County: Carbon County, WY
Type of Construction: Heavy
FAR Magnitude: $1M - $5M NAICS: 237990 SIZE STD: $45M SET-ASIDE: Total Small Business
Bureau of Land Management Contact Contracting Officer (CO)
Name: Greetchen Jeremie
Email: gjeremie@blm.gov
Site Visit: 10 July 2025 / 10AM Local Time (See clause instructions below / FAR 52.236-27)
Bids Submission Information:
• Questions Due Date: 14 July 2025 / 2PM Mountain Time
• Bids Due Date: 31 July 2025 / 2PM Mountain Time
• Virtual Bids Opening Date/Time: 04 August 2025 / 10AM Mountain Time mailto:gjeremie@blm.gov
INVITATION FOR BID NO: 140L0625B0005
PROJECT DESCRIPTION: GAOA LITTLE ROBBER DAM RECONSTRUCTION
Table of Contents
SECTION A: SOLICITATION / CONTRACT FORM
SECTION B: BID SCHEDULE
SECTION C: SPECIFICATIONS/DRAWINGS
SECTION D: PACKAGING AND MARKING
SECTION E: INSPECTION AND ACCEPTANCE
SECTION F: DELIVERIES OR PERFORMANCE
SECTION G: CONTRACT ADMINISTRATION DATA
SECTION H: SPECIAL CONTRACT REQUIREMENTS
SECTION I: CONTRACT CLAUSES
SECTION J: LIST OF ATTACHMENTS
SECTION K: REPRESENTATIONS, CERTIFCATIONS, AND OTHER STATEMENTS OF OFFERORS
SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
PART I – THE SCHEDULE
SECTION A: SOLICITATION / CONTRACT FORM
This Invitation for Bids is issued on Standard Form (SF) 1442, Solicitation, Offer and Award document.
(END OF SECTION A)
SECTION B: BID SCHEDULE
1. The government will not be responsible for any costs incurred by the research, preparation or submission of bids.
2. Bidders must complete SF1442 Blocks 14 through 20 and include original signatures of individual(s) authorized to sign for the company in accordance with FAR 4.102.
3. Bidders must complete the Schedule of Items and Limitations on Subcontracting Breakout (see Section J: List of Attachments).
4. Bidders shall provide a 20% bid guarantee in accordance with FAR Provision 52.228-1.
(END OF SECTION B)
SECTION C: SPECIFICATIONS/DRAWINGS
Specifications and drawings are attached in Section J: List of Attachments and incorporated herein by reference.
(END OF SECTION C)
SECTION D: PACKAGING AND MARKING
Not Applicable.
(END OF SECTION D)
SECTION E: INSPECTION AND ACCEPTANCE
CLAUSES INCORPORATED BY REFERENCE
Clause Title Date
52.246-12 Inspection of Construction August 1996
(END OF SECTION E)
CONTRACT
LINE-ITEM NUMBER
(CLIN)
DESCRIPTION
TOTAL
PRICE
00010 LITTLE ROBBER DAM RECONSTRUCTION $0.00
TOTAL BID PRICE------------------------------------ $0.00
All measurement and payment information are included in the project specifications, Section 01150.
SECTION F: DELIVERIES OR PERFORMANCE
52.242-14 Suspension of Work April 1984
CLAUSES INCORPORATED BY FULL TEXT
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (April 1984)
The Contractor shall be required to
(a) commence work under this contract within 7 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 395 calendar days after receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.
(END OF SECTION F)
SECTION G: CONTRACT ADMINISTRATION DATA
DIARS 1452.201-70 AUTHORITIES AND DELEGATIONS (September 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)
G-1 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM
1. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.
2. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance
Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.
3. We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the
Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.
4. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.
5. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.
a) Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.
b) Your comments should focus on objective facts in the AO's narrative and should a)provide your views on the causes and ramifications of the assessed performance.
c) All information provided should be reviewed for accuracy prior to submission.
d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.
e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in
PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.
f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."
6) The following guidelines apply concerning your use of the past performance evaluation:
a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.
b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.
c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.
7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period. A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.
G-2 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)
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.
https://www.cpars.gov/ https://www.cpars.gov/ https://www.ipp.gov/
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
1. Invoice date and Government Contract Number
2. Billing period specified with beginning and ending dates. The beginning date must not be later than the completion date or within any previous billing dates.
3. The accounting must follow the approved schedule of values as described in the specification attachment.
4. Total amount due for the billing period
5. Certification of Progress Payment
6. Payrolls (Mail weekly)
7. Substantiation of Subcontractor Payment
8. Limitations on Subcontracting Worksheet with final payment request
9. 52.223-9 Certification with final payment request.
10. A Release of Claims (See 1452.204-70) with a request for final payment.
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government
Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston
(FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the
IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
G-3 LOCAL INTERNET PAYMENT PLATFORM (IPP) HOTLINE
To check payment status, contact the Payment Hotline at 877-480-9724 or 303-236-2850. You will need to leave a message with the following information:
1. Company Name
2. Contract Number
3. Invoice Number
4. Invoice Amount
5. A brief description of why you are calling
6. Your contact information
If you do not receive a callback from the Payment Hotline within 72 hours, please contact the Contract Officer with the day and time you contacted the Payment Hotline.
G-4 GOVERNMENT POINTS OF CONTACT
Contracting Officer
Greetchen Jeremie gjeremie@blm.gov
Bureau of Land Management, OC-664
Building 85, Denver Federal Center
P.O. Box 25047
Denver, CO 80225-0047
G-5 CONSTRUCTION CONTRACT ADMINISTRATION
FAR 36.211(b) requires that agencies provide descriptions of policies and procedures that apply to the definitization of equitable adjustments for change orders under construction contracts. Data on the time required to definitize equitable adjustments for change orders can be found at: https://www.doi.gov/pam/acquisition/policy/constructioncontract.
(END OF SECTION G)
mailto:ippgroup@bos.frb.org mailto:gjeremie@blm.gov https://www.doi.gov/pam/acquisition/policy/constructioncontract
SECTION H: SPECIAL CONTRACT REQUIREMENTS
H-1 WORK HOURS
The performance period established for this contract is based upon all work being conducted during regular working hours between
7:00am and 5:30pm, Monday through Friday, excluding government holidays. If the contractor desires to carry on work outside regular hours (Saturdays, Sundays, government holidays), a written request must be submitted to the contracting officer in sufficient time allow satisfactory arrangements to be made by the government for access to the work site and inspection.
H-2 FIRE DANGER SEASON
If the government 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 government.
H-3 DRAWINGS
(a) Reference specifications.
(a) Typical Drawings. Any drawings titled typical are general only and dimensions of each structure will be fixed by the contracting officer to adapt the design to existing conditions at the structure location.
(b) Reduced Size Drawings. Any drawings identified as "REDUCED SIZE DRAWINGS" appearing in the solicitation are photographically reduced in size. Accordingly, measurements and dimensions should not be taken or be based on any numerical scales shown. Prospective offerors desiring to review a copy of the full-size drawings may contact the primary contracting office point-of-contact contracting identified in the solicitation.
H-4 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA
(a) The Historic and Archeological Data Preservation Act of 1974 provides for the preservation of historical and archeological data that might otherwise be lost as the result of alterations to the terrain caused by a federal or federally licensed activity or program.
(b) If, in connection with operations under this contract, the contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any possible historical or archeological data, objects or sites of cultural value on the project area, such as historical ruins, graves or grave markers, fossils, or artifacts, the contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the contracting officer in writing, giving the location and nature of the findings. No objects of cultural resource value may be removed.
(c) 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 Changes clause.
(d) The contractor will be responsible for protecting the cultural resources within the affected area from damage. In addition, the contractor will be liable for all damage to the identified cultural resources caused by their actions or the actions of their agents or representatives. The contractor shall immediately notify the contracting officer or his representative if any damage occurs to any cultural resource and immediately suspend work in the area in which damage has occurred until authorized to proceed.
H-5 SAFETY AND QUALITY CONTROL PLAN
Within 10 days following the contract award, the contractor must provide effective quality control and safety plans for acceptance by the government.
H-6 FEDERAL HOLIDAYS
The following federal holidays are observed, to include those proclaimed by executive order:
New Year’s Day Labor Day Martin Luther King, Jr. Day Columbus Day President’s Day Veterans’ Day Memorial Day Thanksgiving Day Juneteenth Day Christmas Day Independence Day
H-7 LIMITATIONS ON SUBCONTRACTING REPORTING
In accordance with 52.219-14 Limitations on Subcontracting, the prime contractor must perform at least 15% of the cost of the contract, excluding the cost of materials with its own employees and employees of a similarly situated subcontractor. A similarly situated subcontractor is a small business concern subcontractor that is a participant of the same SBA program that qualified the prime contractor as an eligible offeror and awardee of the contract. The contractor is responsible for ensuring compliance with the Limitations on Subcontracting clause.
At the conclusion of the period of performance and prior to final payment, the contractor shall submit a Limitations on Subcontracting
Report directly to the Contracting Officer. The following information is required as part of the report:
1) The total amount paid to the prime during the performance period broken out by labor and materials
2) List of similarly situated subcontractors and the amounts paid to each during the performance period broken out by labor and materials
3) List of any other subcontractors and the amounts paid to each during the performance period broken out by labor and materials
If the contracting officer review of the report finds that the contractor is not in compliance for the period of performance, the contractor will be notified in writing. Penalties for failure to comply are described in 13 CFR 125.6(h) which states:
Whoever violates the requirements set forth in paragraph (a) of this section shall be subject to the penalties prescribed in 15 U.S.C.
645(d), except that the fine shall be treated as the greater of $500,000 or the dollar amount spent, in excess of permitted levels, by the entity on subcontractors. A party's failure to comply with the spirit and intent of a subcontract with a similarly situated entity may be considered a basis for debarment on the grounds, including but not limited to, that the parties have violated the terms of a government contract or subcontract pursuant to FAR 9.406-2(b)(1)(i) (48 CFR 9.406-2(b)(1)(i)).
H-8 KEY PERSONNEL, SUBCONTRACTORS, AND OUTSIDE ASSOCIATES OR CONSULTANTS
The firms, key personnel, subcontractors, and outside associates or consultants proposed and/or awarded under the contract must remain fixed for the duration of the contract unless a change request to permanently substitute the aforementioned is submitted in writing and approved by the Contracting Officer. The contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes and qualifications for the proposed substitutes, and any additional information requested by the
Contracting Officer. Should there be a specialized service unavailable within the contractor team, the contractor shall provide a detailed explanation of the circumstances necessitating the proposed addition, complete resumes and qualifications for the proposed addition, and any additional information requested by the Contracting Officer. Addition of firms, key personnel, subcontractors, and outside associates or consultants is at the sole discretion of the Contracting Officer. The Contracting Officer will notify the Contractor within 30 calendar days after receipt of all required information of the decision for requested substitutions or additions.
END OF PART I
PART II – CONTRACT CLAUSES
SECTION I: CONTRACT CLAUSES
52.202-1 Definitions June 2020
52.203-3 Gratuities April 1984
52.203-5 Covenant Against Contingent Fees May 2014
52.203-6 Restrictions on Subcontractor Sales to the Government June 2020
52.203-7 Anti-Kickback Procedures June 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 June 2020
52.203-13 Contractor Code of Business Ethics and Conduct November 2021
52.203-17 Contractor Employee Whistleblower Rights Nov 2023
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements January 2017
52.204-9 Personal Identity Verification of Contractor Personnel January 2011
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards June 2020
52.204-13 System for Award Management Maintenance October 2018
52.204-14 Service Contract Reporting Requirements October 2016
52.204-19 Incorporation by Reference of Representations and Certifications January 2025
52.204-21 Basic Safeguarding of Covered Contractor Information Systems November 2021
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or
Provided by Kaspersky Lab and Other Covered Entities December 2023
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance
Services or Equipment November 2021
52.204-27 Prohibition on a ByteDance Covered Application June 2023
52.204-30 Federal Acquisition Supply Chain Security Act Orders – Prohibition December 2023
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors
Debarred, Suspended, Proposed for Debarment or Voluntarily Excluded January 2025
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
October 2018
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations November 2015
52.210-1 Market Research November 2015
52.214-26 Audit and Records – Sealed Bidding June 2020
52.214-29 Order of Precedence – Sealed Bidding January 1986 1997
52.214-27 Price Reduction for Defective Certified Cost or Pricing Data – Modifications –
Sealed
Bidding or Pricing Data – Modifications
June 2020
52.214-28 Subcontractor Certified Cost or Pricing Data – Modifications – Sealed Bidding June 2020
52.219-6 Notice of Total Small Business Set Aside November 2020
52.219-8 Utilization of Small Business Concerns January 2025
52.219-28 Post-Award Small Business Program Representation January 2025
52.222-3 Convict Labor June 2003
52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation May 2018
52.222-6 Construction Wage Requirements August 2018
52.222-7 Withholding of Funds May 2014
52.222-8 Payrolls and Basic Records July 2021
52.222-10 Compliance with Copeland Act Requirements February 1988
52.222-11 Subcontracts (Labor Standards) May 2014
52.222-12 Contract Termination-Debarment May 2014
52.222-13 Compliance with Construction Wage Rate Requirements and Related Act
Regulations May 2014
52.222-14 Disputes Concerning Labor Standards February 1988
52.222-15 Certification of Eligibility May 2014
52.222-35 Equal Opportunity for Veterans June 2020
52.222-36 Equal Opportunity for Workers with Disabilities June 2020
52.222-37 Employment Reports Veterans June 2020
52.222-40 Notification of Employee Rights Under the National Labor Relations Act December 2010
52.222-50 Combating Trafficking in Persons November 2021
52.222-54 Employment Eligibility Verification January 2025
52.222-55 Minimum Wages Under Executive Order 14026 January 2022
52.222-62 Paid Sick Leave Under Executive Order 13706 January 2022
52.223-3 Hazardous Material Identification and Material Safety Data, Alternate I February 2021
July 1995
52.223-5 Pollution Prevention and Right-to-Know Information May 2024
52.223-21 Foams May 2024
52.225-13 Restrictions on Certain Foreign Purchases February 2021
52.226-7 Drug-Free Workplace May 2024
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving May 2024
52.227-1 Authorization and Consent June 2020
52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement June 2020
52.227-4 Patent Indemnity – Construction Contracts December 2007
52.227-17 Rights in Data – Special Works December 2007
52.228-2 Additional Bond Security October 1997
52.228-5 Insurance – Work on a Government Installation January 1997
52.228-12 Prospective Subcontractor Requests for Bonds December 2022
52.228-14 Irrevocable Letter of Credit November 2014
52.229-3 Federal, State and Local Taxes February 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 January 2017
52.232-33 Payment by Electronic Funds Transfer-- System for Award Management October 2018
52.232-39 Unenforceability of Unauthorized Obligations June 2013
52.232-40 Providing Accelerated Payments to Small Business Subcontractors March 2023
52.233-1, Alt 1 Disputes May 2014
December 1991
52.233-3 Protest After Award August 1996
52.233-4 Applicable Law for Breach of Contract Claim October 2004
52.236-2 Differing Site Conditions April 1984
52.236-3 Site Investigation and Conditions Affecting the Work April 1984
52.236-5 Material and Workmanship April 1984
52.236-6 Superintendence by the Contractor April 1984
52.236-7 Permits and Responsibilities November 1991
52.236-8 Other Contracts April 1984
52.236-9 Protection of Existing Vegetation Structures, Equipment, Utilities and Improvements April 1984
52.211-18 VARIATION IN ESTIMATED QUANTITY (MAR 1984)
If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract.
Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.
52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022) (DEVIATION OCTOBER 2022)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—
(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and
(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.
(c) Applicability. This clause applies only to—
(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;
52.236-10 Operations and Storage Areas April 1984
52.236-11 Use and Possession Prior to Completion April 1984
52.236-12 Cleaning up April 1984
52.236-13 Accident Prevention November 1991
52.236-14 Availability and Use of Utility Services April 1984
52.236-15 Schedules for Construction Contracts April 1984
52.236-17 Layout of Work April 1984
52.236-21, Alt I Specifications and Drawings for Construction February 1997
April 1984
52.236-26 Preconstruction Conference February 1995
52.242-13 Bankruptcy July 1995
52.242-14 Suspension of Work April 1984
52.243-4 Changes June 2007
52.244-6 Subcontracts for Commercial Products and Commercial Services February 2024
52.245-1 Government Property September 2021
52.245-9 Use and Charges April 2012
52.246-21 Warranty of Construction March 1994
52.248-3 Value Engineering – Construction October 2020
52.249-2, Alt I Termination for Convenience of the Government (Fixed-Price) April 2012
September 1996
52.249-10, Alt I Default (Fixed-Price Construction) April 1984
52.253-1 Computer Generated Forms January 1991
DIAR 1452.203-70 Restrictions on Endorsements – Department of the Interior July 1996
DIAR 1452.204-70 Release of Claims – Department of the Interior July 1996
DIAR 1452.236-70 Prohibition Against Use of Lead-Based Paint – Department of the Interior July 1996
DIAR 1452.237-70 Information Collection – Department of the Interior July 1996
(4) Orders expected to exceed the simplified acquisition threshold and that are—
(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or
(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);
(5) Orders, regardless of dollar value, that are—
(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or
(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and
(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.
(d) Independent contractors. An independent contractor shall be considered a subcontractor.
(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees to the following requirements in the performance of a contract assigned a North American Industry Classification System (NAICS) code applicable to this contract:
(1) Services (except construction). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph
(e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.
(i) The following services may be excluded from the 50 percent limitation:
(A) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code (562910), cloud computing services, or mass media purchases.
(B) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.
(2) Supplies (other than procurement from a nonmanufacturer of such supplies). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the
50 percent limitation shall apply only to the supply portion of the contract.
(3) General construction. It will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded.
(4) Construction by special trade contractors. It will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.
(f) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause –
☒ By the end of the base term of the contract and then by the end of each subsequent option period; or
☐ By the end of the performance period for each order issued under the contract.
(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.
(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
52.223-2 REPORTING OF BIOBASED PRODUCTS UNDER SEVICE AND CONSTRUCTION CONTRACTS (MAY 2024)
(DEVIATION FEBRUARY 2025)
(a)Definitions. As used in this clause—
Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. (7 U.S.C.
8101) (7 CFR 4270.2)
USDA-designated product category means a generic grouping of products that are or can be made with biobased materials—
(1) That are listed by USDA in a procurement guideline available at ttps://www.biopreferred.gov/resources/categories.html;and
(2) For which USDA has provided purchasing recommendations (available at https://www.biopreferred.gov or 7 CFR part 4270).
https://www.biopreferred.gov/
(b)The Contractor shall report to https://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any biobased products in USDA-designated product categories purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and
(c)Submit this report no later than—
(1) October 31 of each year during contract performance; and
(2) At the end of contract performance.
52.223-23 SUSTAINABLE PRODUCTS AND SERVICES (MAY 2024) (DEVIATION FEB 2025)
(a)Definitions. As used in this clause—
Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. ( 7 U.S.C.
8101) ( 7 CFR 3201.2).
Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. ( 42
U.S.C. 6903).
Sustainable products and services means
(i)Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the
Comprehensive Procurement Guidelines ( 42 U.S.C. 6962) ( 40 CFR part 247) ( https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).
(ii)Energy- and water-efficient products that are ENERGY STAR® certified or Federal Energy Management Program
(FEMP)-designated products ( 42 U.S.C. 8259b) ( 10 CFR part 436, subpart C) ( https://www.energy.gov/eere/femp/search-energy-efficient-products and https://www.energystar.gov/products?s=mega).
(iii)Biobased products meeting the content requirement of the USDA under the BioPreferred® program ( 7 U.S.C.
8102) (7 CFR Part 4270) ( https://www.biopreferred.gov).
(iv)Acceptable chemicals, products, and manufacturing processes listed under EPA's Significant New Alternatives
Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone ( 42 U.S.C. 7671l) ( 40 CFR part 82, subpart G) ( https://www.epa.gov/snap).
(b)Requirements.
(1)The sustainable products and services, including the purchasing program and type of product or service, that are applicable to this contract, and any products or services that are not subject to this clause, will be set forth in the statement of work or elsewhere in the contract.
(2)The Contractor shall ensure that the sustainable products and services required by this contract are—
(i)Delivered to the Government;
(ii)Furnished for use by the Government;
(iii)Incorporated into the construction of a public building or public work; and
(iv)Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract (versus costs which are normally applied to the Contractor's general and administrative expenses or indirect costs). This includes services performed by contractors performing management and operation of Government-owned facilities to the same extent that, at the time of award, an agency would be required to comply if an agency operated or supported the facility.
(c)Resource. The Green Procurement Compilation (GPC) available at https://sftool.gov/greenprocurement provides a comprehensive list of sustainable products and services and sustainable acquisition guidance. The Contractor should review the GPC when determining which [statutory] purchasing programs apply to a specific product or service.
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 https://www.sam.gov/ https://www.epa.gov/snap https://www.acquisition.gov/far/part-2#FAR_2_101
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
Cost of components means—
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether 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.
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 55 percent of the cost of all its components. 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 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,…
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