Sol_140L5725R0003.pdf

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Attached to
Calf Creek Bridge Replacement Federal contract opportunity
Solicitation number
140L5725R0003
Issued by
Department of the Interior Bureau of Land Management Utah Region

About this file

This is a Request for Proposal (RFP) for the Calf Creek Bridge Replacement project located in Escalante, Utah, issued by the Bureau of Land Management (BLM). The contract is a firm fixed-price, single award construction contract set aside for HUBZone small businesses, with a project value between $1M and $5M. The project involves replacing the Calf Creek Bridge and will be located in Garfield County, with a performance period from November 1, 2025 to January 7, 2027.

Key details include a mandatory site visit on September 3, 2025, at 10:00 AM at the Escalante Interagency Visitor Center, with questions due by September 10, 2025. Proposals are due September 26, 2025, at 2:00 PM Mountain Time, with award selection using the Lowest Price Technically Acceptable (LPTA) methodology. The contractor must perform at least 15% of the work with their own forces, provide a 20% bid guarantee, and comply with construction wage rate requirements. Performance and payment bonds are required, and the total contract duration is 120 calendar days from the notice to proceed.

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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)

0044007558

BLM UT-STATE OFC ADM SVCS BR(UT952)

440 WEST 200 SOUTH, SUITE 500

SALT LAKE CITY UT 84101

LUA

Tori Blunt Mayes 4357814445

1x 08/25/2025

140L5725R0003

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

Calf Creek Bridge Replacement

Solicitation Attachments:

Attachment 01 - Specifications

Attachment 02 - Drawings

Attachment 03 - Supplemental Drawings

Attachment 04 - GSENM Calf Creek EA Final

Attachment 05 - Bid Schedule

Attachment 06 - Wage Determination UT20250009 01.03.2025

Attachment 07 - Limitations on Subcontracting 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.)

7 120 calendar days and complete it within ________________ ________________ calendar days after receiving

09/26/2025

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 UT-STATE OFC ADM SVCS BR(UT952)

440 WEST 200 SOUTH, SUITE 500

SALT LAKE CITY UT 84101

LUA

Tori Blunt Mayes

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 44

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140L5725R0003

Delivery: 120 Days After Notice to Proceed

Delivery Location Code: 0011276647

BLM-UT ESCALANTE FIELD STATION-GRAN

755 W MAIN ST

PO BOX 225

ESCALANTE UT 84726 US

Period of Performance: 11/01/2025 to 01/07/2027

00010 Calf Creek Bridge Replacement

Product/Service Code: Y1LB

Product/Service Description: CONSTRUCTION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

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

Sponsored by GSA

FAR (48 CFR) 53.110

140L5725R0003 Calf Creek Bridge Replacement

Type of Contract: Construction, Firm Fixed Priced (FFP), Single Award Contract County: Garfield County, UT Type of Construction: Highway

FAR Magnitude: $1M - $5M NAICS: 237310 SIZE STD: $45.0M SET-ASIDE: HUBZone Small Business

BLM Contacts Contracting Officer (CO) (Primary Contact) Contracting Officer Representative (COR)

Name: Tori Blunt Mayes Dave Barfuss

Email: tbluntmayes@blm.gov dbarfuss@blm.gov

Phone: (435) 781-4445 (435) 979-1500

Proposal Submittal Information:

Site Visit: A site visit will be held on September 03, 2025, at 10:00 am MT meet at Escalante Interagency Visitor Center 755 West Main Street, Escalante, UT 84726, and attendance is highly encouraged. Please RSVP to Dave Barfuss at dbarfuss@blm.gov. Please follow the CDC’s social distancing guidelines during the site visit. (See Section L – Instructions to Offerors FAR 52.236-27)

Questions Due Date: September 10, 2025, at 2:00 PM Mountain Time All questions must be submitted in writing via email to tbluntmayes@blm.gov with subject line: RFP 140L5725R0003 – Calf Creek Bridge Replacement. No questions will be accepted via phone calls. (See Section L below)

Proposal Due Date: September 26, 2025, at 2:00 PM Mountain Time (See Section L – Instructions to Offerors)

Award Selection:

Low Price Technically Acceptable (LPTA). (See Section M – Basis for Award)

Bonds:

Electronic copy of bid bond required with proposal. No other form of bid guarantee will be accepted. (See FAR 52.228-1 and section L below for more details) Performance and payment bond required within 10 calendar days after the award (See FAR 52.228-15).

mailto:dbarfuss@blm.gov mailto:tbluntmayes@blm.gov

SOLICITATION NO: 140L5725R0003

PROJECT DESCRIPTION: Calf Creek Bridge Replacement

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

SECTION M: EVALUATION FACTORS FOR AWARD

PART I – THE SCHEDULE

SECTION A: SOLICITATION / CONTRACT FORM

Refer to pages 1-3 of this solicitation package (SF1442 - Solicitation, Offer, and Award)

(END OF SECTION)

SECTION B: BID SCHEDULE

CONTRACT PRICE SCHEDULE

Offerors are required to submit an offer that conforms to the solicitation documents with pricing for line items. Failure to do so may render the proposal unacceptable. Offerors shall submit: 1) SF1442 – insert total price into block 17 and include all options (if included in solicitation), 2) a completed supplemental price breakout (see attachments), and 3) Limitations on Subcontracting Breakout (see attachments). The supplemental price worksheet will be used for government price analysis, but the subsequent contract will be written with a single lump-sum line item.

Except as provided in FAR clause 52.211-18, Variation in Estimated Quantity, changes in unit prices will not be made for unit increases or decreases. The variation in estimated quantity clause does not apply to lump-sum items.

SECTION C: SPECIFICATIONS/DRAWINGS

Specifications and drawings are attached in section J and incorporated herein by reference.

SECTION D: PACKAGING AND MARKING

Not Applicable.

SECTION E: INSPECTION AND ACCEPTANCE

CLAUSES INCORPORATED BY REFERENCE

Clause Title Date

52.246-12 Inspection of Construction August 1996

52.246-13 Inspection -- Dismantling, Demolition, or Removal of Improvements August 1996

SECTION F: DELIVERIES OR PERFORMANCE

CLAUSES INCORPORATED BY REFERENCE

52.236-15 Schedules for Construction Contracts April 1984

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 120 calendar days after receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

SECTION G: CONTRACT ADMINISTRATION DATA

CLAUSES INCORPORATED BY FULL TEXT

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.

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 (Primary POC):

Tori Blunt Mayes BLM - Utah State Office 170 South 500 East Vernal, UT 84078 tbluntmayes@blm.gov

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.

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 6:00 pm, 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 scope of work.

(b) 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.

(c) 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 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 Martin Luther King, Jr. Day President’s Day Memorial Day

Juneteenth Day Independence Day Labor Day Columbus Day

Veterans’ Day Thanksgiving Day Christmas 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)).

(END OF SECTION & PART I)

PART II – CONTRACT CLAUSES

SECTION I: CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

52.252-2 CLAUSES INCORPORATED BY REFERENCE (February 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): FAR | Acquisition.GOV and DIAR | Acquisition.GOV.

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSE (November 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

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

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 52.203-17 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 52.215-2 Audit and Records – Negotiation June 2020 52.215-8 Order of Precedence – Uniform Contract Format October 1997

52.215-21, Alt III Requirements for Certified Cost or Pricing Data and Data Other than Certified Cost or Pricing Data – Modifications

November 2021 October 1997 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/diar

52.219-3 Notice of HUBZone Set-Aside or Sole Source Award October 2022 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 52.222-62 Paid Sick Leave Under Executive Order 13706 January 2022 52.223-5 Pollution Prevention and Right-to-Know Information May 2024 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons May 2024 52.223-21 Foams June 2016 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

52.236-10 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 52.236-17 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

52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Drone Security Drone Act-Covered Foreign Entities November 2024

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 1452.215-70 Examination of Records – Department of the Interior April 1984 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

CLAUSES INCORPORATED BY FULL TEXT

52.211-18 VARIATION IN ESTIMATED QUANTITY (April 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 (October 2022) (DEVIATION OCT 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;

(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 – [Contracting Officer check as appropriate.] __ 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.

52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026. DEVIATION (OCT 2023 SEE DOI-AAAP-0194 v01)

As prescribed in 22.1906, insert the following clause:

(a) Definitions. As used in this clause—

United States means the 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.).

Worker –

(1)

(i) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 14026, and-

(A) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV);

(B) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and

(C) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(ii) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).

(iii) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(2)

(i) A worker performs on a contract if the worker directly performs the specific services called for by the contract; and

(ii) A worker performs in connection with a contract if the worker's work activities are necessary to the performance of a contract but are not the specific services called for by the contract.

(b) Executive Order Minimum wage rate.

(1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $15.00 per hour beginning January 30, 2022.

(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2023, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor’s Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90-days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on https://www.sam.gov (or any successor website), and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage is incorporated by reference into this contract.

(3)

(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers’ compensation insurance but will not otherwise include any amount for general and administrative costs, overhead, or profit.

(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment.

(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.

(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs https://www.sam.gov/ for which adjustment is provided under this clause.

(5) A pay period under this clause may not be longer than semi-monthly but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.

(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback.

The Contractor may make deductions that reduce a worker’s wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 23.230, Deductions.

(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.

(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance or any applicable contract establishing a minimum wage higher than the E.O. 14026 minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.

(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.

(10) The Contractor shall follow the policies and procedures in 29 CFR 23.240(b) and 23.280 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.

(c)

(1) This clause applies to workers as defined in paragraph (a). As provided in that definition-

(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;

(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and

(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.

(2) This clause does not apply to-

(i) Contracts or subcontracts to which the States of Texas, Louisiana, or Mississippi, including their agencies, are a party;

(ii) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e.

those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;

(iii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute.

These individuals include but are not limited to-

(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C.

214(a);

(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b); and

(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541).

(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O.

minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/agencies/whd/government-contracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.

(e) Payroll Records.

(1) The Contractor shall make and maintain records, for…

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