United States Department of the Interior

BUREAU OF RECLAMATION

Upper Colorado Regional Office

555 Broadway Blvd NE, Suite 100

Albuquerque, NM 87102

Pojoaque Basin Regional Water System

Phase II Design-Build

Solicitation # 140R4025R0032

Proposals MUST be emailed to mary_maestas@ios.doi.gov prior to solicitation closing date and time. Include the solicitation number in the subject line. It is strongly recommended you verify with the Contract Specialist the receipt of your proposal package.

Inquiries regarding this solicitation should be made to the following:

Mary B. Maestas

Email: mary_maestas@ios.doi.gov

Email correspondence regarding this solicitation should reference the solicitation number in the subject line and the body of the email.

Last day for Questions for Phase One is Thursday, May 7, 2026

PHASE ONE QUALIFICATIONS DUE: No Later than

Friday, May 15, 2026 at 5:00 PM (Mountain Time) mailto:mary_maestas@ios.doi.gov

SOLICITATION # 140R4025R0032

Pojoaque Basin Regional Water System Phase II Design-Build

Table of Contents

SECTION A - SF 1442

1 - 3

SECTION B – SUPPLIES AND SERVICES AND PRICES Attachment 3 (Phase Two only)

SECTION C – STATEMENT OF OBJECTIVES (SOO) 4 (Attachment 1)

SECTION D – PACKAGING AND MARKING 5

SECTION E - INSPECTION AND ACCEPTANCE 6-7

SECTION F - DELIVERIES AND PERFORMANCE 8

SECTION G – CONTRACT ADMINISTRATION DATA 9-12

SECTION H – SPECIAL REQUIREMENTS 13-14

SECTION I – CONTRACT CLAUSES 15-34

SECTION J – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 35

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS 36-39

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS 40-51

SECTION M - EVALUATION FACTORS FOR AWARD AND BASIS OF AWARD 52-53

ATTACHMENT 1 – Statement of Objectives

ATTACHMENT 2 – Past Performance Questionnaire

PHASE 2 ATTACHMENTS TO BE PROVIDED TO MOST HIGHLY QUALIFED FIRMS SELECTED TO

MOVE FORWARD TO PHASE 2 OF THE SOLICITATION.

ATTACHMENT 2 (Phase 2) - Existing Specifications and Drawings

ATTACHMENT 3 – Section B to be completed and submitted with Phase Two proposal

ATTACHMENT 4 - General Decision Number: NM20260034, NM20260042, NM20260048

ATTACHMENT 5 - Notice to Contractors, Contractor Performance Assessment Reporting System (Required by

DOI AAAP 0050 as an attachment)

ATTACHMENT 6 – Standard Form 25A Payment Bond and Standard Form 25 Performance Bond – Separate fillable attachments

ATTACHMENT 7 – The Release of Claims form (DI-137) (Required per DIAR Clause 1452.204-70 at completion of work)

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

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

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

SOLICITATION

1. SOLICITATION NO.

5. REQUISITION/PURCHASE REQUEST NO.

CODE

6. PROJECT NO.

8. ADDRESS OFFER TO

4. CONTRACT NO.

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

NEGOTIATED (RFP) REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF

SEALED BID (IFB) INVITATION FOR BID

9. FOR

INFORMATION CALL

PAGES

140R4025R0032

Bureau of Reclamation Upper Colorado Region Regional Office 125 South State Street, Room 8100 Salt Lake City UT 84138 mary_maestas@ios.doi.gov Contracting Officer - Mary B. Maestas

140R4025R0032

R40

Mary Maestas 5054623581

09/15/2025

05/15/2026

10 1300

Attachment 1: Statement of Objectives

Request for Phase I Qualifications

Qualifications due 5/15/2026 at 5:00 PM Mountain Time

1 53

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

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

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

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

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

27. PAYMENT WILL BE MADE BY

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

20b. SIGNATURE 20c. OFFER DATE

Continued...

AMENDMENT

NUMBER

DATE.

Bureau of Reclamation Upper Colorado Region Albuquerque Area Office 555 Broadway Blvd NE, Suite 100 Albuquerque NM 87102

R4Q

Mary B. Maestas

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

140R4025R0032

Pojoaque Basin Regional Water System Phase II

Design-Build

Period of Performance: 09/18/2026 to

04/10/2030

00010 1 AUPBRWS Phase II Design

Product/Service Code: Y1NE

Product/Service Description: CONSTRUCTION OF

WATER SUPPLY FACILITIES

00020 1 AUPBRWS Phase II - Construction

Build to Target $280M

Product/Service Code: Y1NE

Product/Service Description: CONSTRUCTION OF

WATER SUPPLY FACILITIES

C. – Statement of Objectives (SOO)

Please See Section J Attachment No. 1

D. Packaging and Marking

There are no clauses included in this section

E. Inspection and Acceptance

52.246-12 Inspection of Construction (Aug 1996)

(a) Definition."Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The

Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to

Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not-

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this- section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may-

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of clause)

F. Deliveries and Performance

52.236-15 Schedules for Construction Contracts (Deviation Jan 2026)

(a)(1) Within five days after the work commences on the contract or another period of time determined by the Contracting Officer, the Contractor shall prepare and submit to the Contracting Officer for approval a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the work (including acquiring materials, plant, and equipment).

(2) The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period.

(3) If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall continually update the actual progress in the schedule and shall submit it to the

Contracting Officer by the means prescribed in the contract for transmittals or as directed by the

Contracting Officer.

(c)(1) If the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to recover lost time and execute in accordance with the approved schedule, without additional cost to the

Government.

(2) Such steps may include increasing the number of shifts, overtime operations, days of work, and/or the amount of construction plant.

(3) The Contractor shall submit, for approval, supplementary schedule(s) that demonstrate how the lost time will be recovered.

(d) If the Contractor does not recover the lost time, the Contracting Officer may determine that the

Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the

Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

(End of clause)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

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

52.242-14 Suspension of Work (Apr 1984)

52.242-15 Stop-Work Order (Aug 1989) http://www.acquisition.gov/

G. Contract Administration Data

1452.201-70 Authorities and delegations. (SEP 2011)

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

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The

COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.

The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

DOI-AAAP 0028 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP)

(Feb 2021)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's

Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the

Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4

Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

The Contractor shall also submit an electronic copy of the IPP invoice to the Contracting Officer Representative, To Be Determined at award and to the Contract Specialist, Mary B. Maestas at mary_maestas@ios.doi.gov once the invoice has been submitted to IPP. Failure to email the invoice may cause significant delay or possible rejection of your payment request

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Design Phase: Invoice showing percent completion of design

Construction Phase:

• Construction Invoice

• Monthly Certificate of Labor Conformance

• Subcontractor / Supplier Payment Summary

FAR 32.905(b) outlines a Proper Invoices to include:

1. Name & address of the Contractor.

2. Invoice date & number.

3. Contract number, contract line item number and, if applicable, the order number.

4. Description, quantity, unit of measure, unit price and extended price of the items delivered.

5. Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped on Government bill of lading.

6. Terms of any discount for prompt payment offered.

7. Name and address of official to whom payment is to be sent.

8. Name, title, and phone number of person to notify in event of defective invoice.

9. Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

Any other information or documentation required by the contract.

Prior to submission in IPP, the Contract should https://www.ipp.gov/

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 CCR) 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.

(End of Local Clause)

WBR 1452.242-80 POST AWARD CONFERENCE BUREAU OF RECLAMATION MARCH 2022

(a) Prior to the contractor starting work, a post award conference (as described in FAR Subpart 42.5), will be convened by the contracting activity or contract administration office. The contractor's project manager shall attend the conference. If the contract involves subcontractors, a representative of each major subcontractor is also required to attend.

(b) The conference (if in-person) will be held at Albuquerque Area Office. If it cannot be held in-person for any reason, it will be held virtual using Microsoft Teams. If held virtually, each attendee shall attend using a separate computer/camera.

(c) The Contracting Officer and the Contractor will agree to the date and time of the conference after award of the contract. In event of a conflict in schedules, the contracting officer shall establish the date for the conference.

(d) The Contractor shall not be entitled to the reimbursement any costs associated with attendance at the conference beyond the agreed-to contract price.

(End of Clause)

WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITIES AND LIMITATIONS

BUREAU OF RECLAMATION MAY 2018

(a) Performance of the work under this contract shall be subject to the technical direction of the

Reclamation Contracting Officer's Representative (COR). The term “technical direction” is defined to include, without limitation:

1) Inspecting and accepting or rejecting work performed under the contract.

2) Representing the Government in technical phases of the work. The COR is responsible for the technical administration of the contract and will provide instructions and interpretations to the

Contractor on all technical matters relating to the contract. The COR will supervise or oversee all Government technical and administrative personnel assigned to assist the COR.

mailto:ippgroup@bos.frb.org

3) Reviewing and, where required by the contract, approving submittals of technical data, shop drawings, samples, literature, plans, or other data required to be delivered by the Contractor to the Government

(b) The Contractor will receive a copy of the written COR designation from the Contracting Officer. It will specify the extent of the COR's authority to act on behalf of the Contracting Officer.

c) Technical direction must be within the scope of work stated in the contract. Only the Contracting

Officer is authorized to determine if a change is within the scope of the contract; therefore, the COR does not have the authority to, and may not, issue any technical direction that -

1) Constitutes a direction of additional work outside the Contract requirements;

2) Constitutes a change as defined in the contract clause entitled “Changes;”

3) In any manner causes an increase or decrease in the total contract cost, or the time required for contract performance;

4) Changes any of the expressed terms, conditions or specifications of the contract; or

5) Interferes with the Contractor's right to perform the terms and conditions of the contract.

(d) All technical direction shall be issued in writing by the COR.

(e) The Contractor must proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within its authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the COR falls within one of the categories defined in (c)(1) through (c)(5) of this clause, the Contractor must not proceed and must notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and must request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer must -

1) Advise the Contractor in writing after receipt of the Contractor's letter that the technical direction is within the scope of the contract effort and does not constitute a change under the

Changes clause of the contract; or

2) Advise the Contractor that the Government will issue a written change order.

(f) A failure of the Contractor and Contracting Officer either to agree that the technical direction is within the scope of the contract or to agree upon the contract action to be taken with respect to the technical direction will be subject to the provisions of the clause entitled “Disputes.”

H. Special Contract Requirements

DOI-AAAP-0050 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM DECEMBER 2015

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

Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting

System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

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

Government use in evaluating past performance as part of a source selection action.

3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the

Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO).

Information in the report must be protected as source selection sensitive information not releasable to the public.

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

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

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

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

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

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

Close the Evaluation”.

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available 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."

https://www.cpars.gov/

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

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

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

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

7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the

CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

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

I. Contract Clauses

52.252-2 Clauses Incorporated by Reference (Feb 1998)

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

52.252-6 Authorized Deviations in Clauses. (Nov 2020)

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

(b) The use in this solicitation or contract of any DIAR (48 CFR Chapter 14) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

As Per FAR Overhaul, many clauses have been deviated. For clause deviations – See Summary List of changes: https://acquisition.gov/sites/default/files/practitioner_albums/far-part-52-solicitation-provisions-and-contract-clauses/content/index.html#/lessons/hkUdlJz_xcT2XHKQak2ThlLzrx18_xIf

The following clauses are hereby incorporated by reference:

52.203-3 Gratuities (Apr 1984)

52.203-5 Covenant Against Contingent Fees. (May 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government. (Jun 2020)

52.203-7 Anti-Kickback Procedures. (Jun 2020)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (May 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (Jun 2020)

52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021)

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (June 2010)(Deviation

Mar 2026)

52.204-13 System for Award Management Maintenance (Oct 2018). (Deviation Mar 2026)

52.204-14 Service Contract Reporting Requirements (Oct 2016) (Deviation Mar 2026)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) http://www.acquisition.gov/ https://acquisition.gov/sites/default/files/practitioner_albums/far-part-52-solicitation-provisions-and-contract-clauses/content/index.html#/lessons/hkUdlJz_xcT2XHKQak2ThlLzrx18_xIf https://acquisition.gov/sites/default/files/practitioner_albums/far-part-52-solicitation-provisions-and-contract-clauses/content/index.html#/lessons/hkUdlJz_xcT2XHKQak2ThlLzrx18_xIf

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment, or Voluntarily Excluded (Jan 2025)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

52.210-1 Market Research (Nov 2021) (Deviation Mar 2026 )

52.211-13 Time Extensions (Sep 2000)

52.215-2 Audit and Records – Negotiation (Nov 2021)

52.215-8 Order of Precedence-uniform Contract Format (Oct 1997)

52.219-8 Utilization of Small Business Concerns (Jan 2025) (Deviation Jan 2026)

52.219-9 Small Business Subcontracting Plan (Jan 2025) (Deviation Jan 2026)

52.219-16 Liquidated Damages – Subcontracting Plan (Sep 2021) (Deviation Jan 2026)

52.222-3 Convict Labor (Jun 2003)

52.222-4 Contract Work Hours and Safety Standards – Overtime Compensation (May 2018)

52.222-6 Construction Wage Rate Requirements (Aug 2018)

52.222-7 Withholding of Funds (May 2014)

52.222-8 Payrolls and Basic Records (Jul 2021)

52.222-9 Apprentices and Trainees (July 2005)

52.222-10 Compliance with Copeland Act Requirements (Feb 1988)

52.222-11 Subcontracts (Labor Standards) (May 2014)

52.222-12 Contract Termination-Debarment (May 2014)

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014)

52.222-14 Disputes Concerning Labor Standards (Feb 1988)

52.222-15 Certification of Eligibility (May 2014)

52.222-35 Equal Opportunity for Veterans (Jun 2020)

52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020)

52.222-37 Employment Reports on Veterans (Jun 2020)

52.222-50 Combating Trafficking in Persons (Oct 2025)

52.222-54 Employment Eligibility Verification (Jan 2025)

52.222-55 Minimum Wages Under Executive Order 14026 (Jan 2022)

52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022)

52.223-2 Reporting Biobased Products Under Service and Construction Contracts (May 2024)

52.226-7 Drug Free Workplace (May 2024)

52.228-11 Pledges of Assets (Feb 2021)

52.228-14 Irrevocable Letter of Credit (Nov 2014)

52.229-3 Federal, State, and Local Taxes (Feb 2013)

52.229-4 Federal, State, and Local Taxes (State and Local Adjustments (Feb 2013)

52.232-5 Payments under Fixed-Price Construction Contracts (May 2014)

52.232-16 Progress Payments (Nov 2021)

52.232-23 Assignment of Claims (May 2014)

52.232-27 Prompt Payment for Construction Contracts (Jan 2017)

52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

52.233-1 Disputes (May 2014)

52.233-3 Protest after Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.236-2 Differing Site Conditions (Apr 1984) (Deviation Jan 2026)

52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) (Deviation Jan 2026)

52.236-5 Material and Workmanship (Apr 1984) (Deviation Jan 2026)

52.236-6 Superintendence of the Contractor (Apr 1984) (Deviation Jan 2026)

52.236-7 Permits and Responsibilities (Nov 1991) (Deviation Jan 2026

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

1984) (Deviation Jan 2026)

52.236-10 Operations and Storage Areas (Apr 1984) (Deviation Jan 2026)

52.236-11 Use and Possession Prior to Completion(Apr 1984) (Deviation Jan 2026)

52.236-12 Cleaning Up (Apr 1984) (Deviation Jan 2026)

52.236-13 Accident Prevention (Nov 1991) (Deviation Jan 2026)

52.236-15 Schedules for Construction Contracts (Apr 1984) (Deviation Jan 2026)

52.236-17 Layout of Work (Apr 1984) (Deviation Jan 2026)

52.236-21 Specifications and Drawings for Construction (Feb 1997) (Deviation Jan 2026)

52.242-13 Bankruptcy (Jul 1995)

52.242-14 Suspension of Work (Apr 1984)

52.243-4 Changes (Jun 2007 (Deviation Oct 2025)

52.243-5 Changes and Changed Conditions (Apr 1984) (Deviation Oct 2025)

52.244-6 Subcontracts for Commercial Items (Oct 2025)

52.246-21 Warranty of Construction. (Mar 1994)

52.248-3 Value Engineering -Construction (Oct 2025)

52.249-2 Alternate I - Termination for Convenience of the Government (Fixed-Price) (Sep 1996)

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

52.211-12 Liquidated Damages-Construction (Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $5,294.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.225-11 Buy American-Construction Materials under Trade Agreements (Nov 2023)

(a) Definitions. As used in this clause—

Caribbean Basin country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

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

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

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the

Contractor or 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.

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

Critical item means a domestic construction material or domestic end product that is deemed critical to

U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea

(Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Chile, Colombia, Costa Rica, Dominican

Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial

Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and

Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British

Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and

Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country 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 60 percent of the cost of all its components, except that the percentage will be

65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029.

(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, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Free Trade Agreement country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

Least developed country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

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

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

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

WTO GPA country construction material means construction material that-

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C.1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction material, excluding COTS fasteners. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate "none"]

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

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

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

(1) The cost of a particular domestic construction material subject to the restrictions of the Buy

American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(4)(i)(A)(1) of this clause.

(3) The procedures in paragraph (b)(4)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

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

FAR 25.105.

(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(4)(i)(B)(1) of this clause.

(3) The procedures in paragraph (b)(4)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

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

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

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