UNITED STATES

DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

UPPER COLORADO BASIN

SALT LAKE CITY, UTAH

Ridges Basin Dam Gate Hydraulic Modification

SOLICITATION NO.: 140R4026Q01 5

Preface Quotes MUST be emailed to Tyler Spencer @ tyler_spencer@ios.doi.gov by

, 2026, by 1:00 PM MDT. Include the solicitation number in the subject line. It is the responsibility of the contractor to verify your quote has been received before the due date and time.

NOTE: REVIEW THE REQUIRED SUBMITTALS AND INCLUDE EVERYTHING

REQUIRED OR YOUR QUOTE MAY BE CONSIDERED NON-RESPONSIVE AND

REMOVED FROM CONSIDERATION.

SITE VISIT: An organized site visit has been scheduled for ,, 2026 @ 9:00 AM MDT. Participants will meet at:

2571 Wheeler Rd., Durango, CO 81303 (37.219390, -107.892062)

QUESTIONS: Inquiries regarding this solicitation should be submitted by 1:00 PM MDT , and should be sent to the following:

Tyler Spencer, Contracting Officer Email: tyler_spencer@ios.doi.gov

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

(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

140R4026Q0165

Bureau of Reclamation Upper Colorado Region Regional Office 125 South State Street, Room 8100 Salt Lake City UT 84138

0044051271

R40

Tyler Spencer 8015243653

09/22/2026

10/21/2026

21 90

The scope of this effort includes all labor, materials, and equipment, mobilization and demobilization to be provided by the selected Contractor to replace portions of hydraulic piping with hydraulic hoses in accordance with Attachment 1 Performance Work Statement. The anticipated scope includes, at a minimum, the following:

a) Isolate the hydraulic power unit and hydraulic cylinder from the piping.

b) Drain, contain, and dispose of existing hydraulic fluid from the hydraulic piping.

c) Cut and remove portions of two hydraulic pipes. The hydraulic pipes are 1.5-inch diameter Schedule 80 steel pipes.

d) Weld adapter fittings (four) to hydraulic piping to adapt to hose end fittings.

e) Install two 1.5-inch inner diameter (-24) hydraulic hoses. The length and layout of the hoses shall be designed to permit the gate bonnet and cylinder to be lifted 12 inches. Demonstrate the hose installation will allow 12 inches of movement.

f) Install supports for the hydraulic piping at both ends of the hydraulic hoses

g) Refill the hydraulic system with new ISO VG-46 biodegradable hydraulic fluid that has been cleaned by filtering.

h) Circulate and filter hydraulic fluid through the effected hydraulic piping, new hoses and fittings to

Continued...

1 36

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.

Tyler Spencer

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

140R4026Q0165 clean them. (Excluding the isolated hydraulic power unit and hydraulic cylinder.)

i) Test the hydraulic hoses and fittings.

j) Make repairs if needed

k) Coat the steel piping.

l) Provide one extra assembled hose with the appropriate fittings and length.

Delivery: 12/30/2026

Delivery Location Code: 0011285644

Bureau of Reclamation-UC-WCAO

Durango Field Division

185 Suttle Street, Suite 2

Durango CO 81303 US

Period of Performance: 11/09/2026 to

02/06/2027

00010 All labor, materials, equipment, mobilization and demobilization required to replace a portion of two existing hydraulic pipes with flexible hydraulic hose. All work shall be completed in accordance with Attachment 1

Performance Work Statement.

Qty: 1

Unit of Measure: AI

Firm Fixed Price

Product/Service Code: J036

Product/Service Description:

MAINT/REPAIR/REBUILD

OF EQUIPMENT- SPECIAL INDUSTRY MACHINERY

When Solicitation Information

1. The Government intends to award a single fixed-price purchase order resulting from this

RFQ to the responsive contractor whose quote represents the lowest price technically acceptable offer.

2. This requirement is a full and open competition without any exclusion of sources. The

NAICS has a small business size standard of $45.0M.

3. Submit the following documents in response to this RFQ:

a. Cover Sheet to include the following:

i. Solicitation Number

ii. Business name, address, NAICS code, and point of contact information

iii. Business Size and Type

iv. Acknowledgement of Solicitation Amendments (if applicable)

v. Period of Acceptance of Quotes

vi. Any other terms and conditions

b. Technical Proposal - One Electronic Copy (10 pages maximum, single sided, 12-point font).

Provide a detailed technical approach on how the tasks required in the PWS will be accomplished, the technical proposal must include the following items:

i. Technical Approach: Include the ability to meet the Government’s requirements listed in the PWS including methodology and training provided to employees.

ii. Quality Control Plan: Detailed approach on how the contractor will manage quality control

iii. Personnel Qualifications: How existing personnel have the technical skills, security awareness, and training necessary to perform the work.

1. Documentation of applicable welder performance qualifications.

c. Past Performance – One Electronic Copy

i. Provide up to 3 examples of past projects with similar scope, size, complexity completed within the last 5 years. Please do not include more than 3 past projects.

ii. For each project provide the following information:

1. Name and Location of Project

2. Description of work

3. Dollar Value

4. Actual dates and duration of each project

5. Name, telephone number, email address of at least one reference from the acquiring customer who may be contacted for further information.

6. Offerors are advised that the Government may contact references provided.

d. Pricing Proposal - One Electronic Copy

i. Provide a fully completed price schedule (Attachment 3 - Price Schedule).

ii. Include all labor, materials, overhead, taxes, and all other applicable costs required to complete the work.

4. Evaluation: The Government will award a contract resulting from this solicitation to the responsible offeror whose offer is the lowest priced, technical acceptable offer. The following factors shall be used to evaluate offers:

(a) Technical: The Offeror’s technical approach will be evaluated to ensure all required elements in the Performance Work Statement (PWS) are addressed. The evaluation will consider:

i. The appropriateness and effectiveness of proposed methods.

ii. Contractor’s understanding of the scope and complexity of the work.

iii. Contractor’s proposed Work schedule

iv. Proposed labor mix and equipment, etc.

Quality Control Plan:

The plan will be evaluated for adequacy and effectiveness in managing performance standards based on the quality control plan provided.

Personnel Qualifications:

The government will evaluate the contractor’s personal qualifications to verify they have the technical skills, training, and certifications to perform the required work.

(b) Past Performance: The offeror will be evaluated to determine if past performance on previous or present, Federal, State, Local Government or Private

Industry contracts for services performed were/are similar to the magnitude of effort under this requirement. Additionally, the Contracting Officer may use past performance information available from the Contractor Performance Assessment

Reporting System (CPARS), the CO’s knowledge of and previous experience with the service being acquired, or any other reasonable basis to evaluate past performance.

(c) Price: The Offeror’s proposed price will be reviewed for price reasonableness and any instances of unbalanced pricing.

The two lowest priced quotes will be evaluated and if they are considered technically acceptable, the quote with the lowest price represents the best value for the government and the evaluation process stops at this point. Award shall be made to the lowest priced quote without further consideration of any other quotes.

If either of the two lowest priced quotes are not technically acceptable, the next lowest priced quote will be evaluated, and the process will continue (in order by price) until a total of two quotes are considered technically acceptable.

5. An organized site visit has been scheduled for October 6, 2026 @ 9:00 AM MDT.

Participants will meet at:

2571 Wheeler Rd., Durango, CO 81303 (37.219390, -107.892062)

6. Quotes are due on October 21, by 1:00 PM MDT. All questions/inquiries must be submitted to the contract specialist via e-mail no later than October 9, 2026 by 1:00 PM

MDT. Inquiries submitted via telephone calls or mail submission will not be accepted.

Submit quotes or any questions to Tyler Spencer at tyler_spencer@ios.doi.gov. Offerors who fail to complete and submit the requirements as per this solicitation may be considered non-responsive.

Attachments

Attachment 1: Performance Work Statement (11 Pages)

Attachment 2: DBA Wage Determination (6 Pages)

Attachment 3: Price Schedule (1 Page)

Clauses

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 Interior Acquisition Regulation (48 CFR 14) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(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):

Federal Acquisition Regulation: https://www.acquisition.gov/far

Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar

**NOTE: Please visit FAR Overhaul - FAR Part Deviation Guidance | Acquisition.GOV for updated clauses and provisions. It is strongly encouraged to review due to the FAR overhaul updates.

Clauses incorporated by reference:

Clause Number Clause Title Clause Date

52.203-17 Contractor Employee Whistleblower Rights November 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

RFO Deviation March 2026

52.204-13 System for Award Management Maintenance RFO Deviation March 2026

52.204-19 Incorporation by Reference of Representations and

Certifications

December 2014

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, Proposed for

Debarment, or Voluntarily Excluded

RFO Deviation May 2026

52.209-10 Prohibition on Contracting with Inverted Domestic

Corporations

RFO Deviation May 2026 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide

52.213-4 Terms and Conditions—Simplified Acquisitions

(Noncommercial)

RFO Deviation March 2026

52.219-28 Post Award Small Business Program Representation (15

U.S.C. 632(a)(2))

RFO Deviation Jan 2026

52.222-3 Convict Labor RFO Deviation May 2026

52.222-6 Construction Wage Rate Requirements RFO Deviation May 2026

52.222-7 Withholding of Funds RFO Deviation May 2026

52.222-8 Payrolls and Basic Records RFO Deviation May 2026

52.222-9 Apprentices and Trainees RFO Deviation May 2026

52.222-10 Compliance with Copeland Act Requirements RFO Deviation May 2026

52.222-11 Subcontracts (Labor Standards) RFO Deviation May 2026

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 RFO Deviation May 2026

52.222-15 Certification of Eligibility May 2014

52.222-36 Equal Opportunity for Workers with Disabilities RFO Deviation May 2026

52.222-50 Combating Trafficking in Persons RFO Deviation May 2026

52.222-55 Minimum Wages Under Executive Order 14026 RFO Deviation May 2026

52.222-62 Paid Sick Leave Under Executive Order 13706 RFO Deviation May 2026

52.222-90 Addressing DEI Discrimination by Federal Contractors RFO Deviation May 2026

52.223-2 Reporting of Biobased Products Under Service and

Construction Contracts

RFO Deviation May 2026

52.223-3 Alt I Hazardous Material Identification and Material Safety Data RFO Deviation May 2026

52.223-23 Sustainable Products RFO Deviation May 2026

52.226-7 Drug-Free Workplace May 2024

52.226-8 Encouraging Contractor Policies to Ban Text Messaging

While Driving

May 2024

52.227-4 Patent Indemnity-Construction Contracts December 2007

52.232-5 Payments Under Fixed-Price Construction Contracts May 2014

52.232-16 Alt I Progress Payments Alt I March 2000

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 Payment to Small Business

Subcontractors

March 2026

52.233-1 Disputes May 2014

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 RFO Deviation January 2026

52.236-3 Site Investigation and Conditions Affecting the Work RFO Deviation January 2026

52.236-5 Material and Workmanship RFO Deviation January 2026

52.236-6 Superintendence by the Contractor RFO Deviation January 2026

52.236-7 Permits and Responsibilities RFO Deviation January 2026

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

RFO Deviation January 2026

52.236-10 Operations and Storage Areas RFO Deviation January 2026

52.236-11 Use and Possession Prior to Completion RFO Deviation January 2026

52.236-12 Cleaning Up RFO Deviation January 2026

52.236-13 Accident Prevention RFO Deviation January 2026

52.236-17 Layout of Work RFO Deviation January 2026

52.236-21 Specifications and Drawings for Construction RFO Deviation January 2026

52.236-21 Alt II Specifications and Drawings for Construction Alt II RFO Deviation January 2026

52.242-14 Suspension of Work RFO Deviation January 2026

52.244-6 Subcontracts for Commercial Products and Commercial

Services

RFO Deviation May 2026

52.246-12 Inspection of Construction RFO Deviation May 2026

52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) Alt I

September 1996

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

End of Clauses incorporated by reference

FAR 52.204-90 Offeror Identification (RFO Deviation March 2026)

Definitions. As used in this clause—

Commercial and Government Entity code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the

Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location (referred to as “CAGE code”); or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA CAGE Branch records and maintains in the CAGE master file (referred to as “NCAGE code”).

Unique entity identifier means an identifier used to identify a specific commercial, nonprofit, or

Government entity.

(b) Unique entity identifier (UEI). The Contractor shall ensure that its UEI is maintained throughout the life of the contract.

(c) Commercial and Government Entity (CAGE) code. The Contractor shall ensure that the CAGE code is maintained throughout the life of the contract. The Contractor shall request changes to a CAGE code as indicated in the following table.

If the Contractor is… Then…

Registered in the

System for Award

Management

(SAM) Initiate the change by updating its SAM registration

Located in the

United States or its outlying areas and is not registered in

SAM

Submit a change request to the DLA CAGE Branch via https://cage.dla.mil

Located outside the

United States and its outlying areas and is not registered in SAM

Request a change by contacting the appropriate National

Codification Bureau

(https://www.nato.int/structur/ac/135/about/contacts) or NSPA

(https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx)

(d) Communicating changes. The Contractor shall communicate any change to its UEI or

CAGE code to the Contracting Officer within 30 days after the change, so a modification can be issued to update the UEI or CAGE code on this contract. A change in the UEI does not necessarily require a novation.

(End of clause)

52.225-9 Buy American-Construction Materials. (October 2022)

(a) Definitions. As used in this clause—

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

(1) Means any item of supply (including construction material) that is– https://cage.dla.mil/ https://www.nato.int/structur/ac/135/about/contacts https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx

(i) A commercial product (as defined in paragraph (1) of the definition of

“commercial product” at Federal Acquisition Regulation (FAR) 2.101);

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

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

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

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

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph

(1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United

States and deemed critical to the U.S. supply chain. The list of critical components is at

FAR 25.105.

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

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-https://www.acquisition.gov/far/2.101#FAR_2_101 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section40102(4)&num=0&edition=prelim https://www.acquisition.gov/far/25.105#FAR_25_105

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

States; or

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

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

or

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

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding

COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

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

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

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

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

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding

COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows: NONE

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

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

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

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

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting

Officer will treat the lowest offer of foreign construction material http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter83&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1907&num=0&edition=prelim https://www.acquisition.gov/far/12.505#FAR_12_505 that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

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

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

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

(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed

55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph

(b)(3)(i)(B)(1) of this clause.

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

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

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

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

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy

American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description

Unit of

Measure Quantity

Price

(dollars)*

Item1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item2:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

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

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

[Include other applicable supporting information.]

52.228-13 Alternative Payment Protections (July 2000)

(a) The Contractor shall submit one of the following payment protections:

a. Payment Bond

b. Irrevocable Letter of Credit (ILC)

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 21 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

DOI-AAAP-0028 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:

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 landing.

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 persons 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.

10. Any other information or documentation required by the contract.

Prior to uploading your invoice, please submit an electronic copy of the invoice to the https://www.ipp.gov/

Contracting Officer Representative (COR) to sign and copy the Contracting Officer and Contract Specialist. Once the invoice is signed by the COR, then upload and submit signed invoice to the IPP System. Once the invoice has been submitted to IPP, the Contractor shall also provide an electronic signed copy of the IPP invoice to the following:

• Tyler Spencer, Contracting Officer at tyler_spencer@ios.doi.gov

• Nathan Nakamoto, Contracting Officer’s Representative at NNakamoto@usbr.gov

Failure to email the invoice may cause significant delay or possible rejection of your payment request.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St.

Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

DIAR 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, mailto:IPPCustomerSupport@fiscal.treasury.gov 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)

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.

(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."

WBR 1452.223-81 SAFETY AND HEALTH -- BUREAU OF RECLAMATION (OCT 2022)

(a) The Contractor shall not require any person employed in the performance of this contract

(including subcontracts) to work under conditions which are unsanitary, hazardous, or dangerous to an employee’s health or safety.

(b) Contractor shall comply with the most current version of the Bureau of Reclamation’s

Reclamation Safety and Health Standards (RSHS) and, if incorporated, 52.236-13 Accident

Prevention.

The RSHS manual shall be obtained at:

http://www.usbr.gov/safety/rshs/index.html

(c) Comply with the standards (29 CFR) issued by the Occupational Safety and Health

Administration (OSHA), U.S. Department of Labor, www.osha.gov.

(d) In the event there is a conflict between the requirements contained in paragraphs (b) and (c) referenced herein, or in the Statement of Work (SOW) or Performance Work Statement (PWS), the more stringent requirement shall prevail.

(e) If required in the SOW or PWS, the Contractor shall submit a written proposed safety program as prescribed in the RSHS and the written specifications.

(f) The Contractor shall maintain an accurate record of and shall report to the Contracting Officer

(or authorized representative) in the manner prescribed by the Contracting Officer, all cases of death, occupational diseases, or traumatic injury to employees or the public involved, and property damage in accordance with the RSHS and OSHA guidelines.

(g) If the contractor deems that an updated version of the RSHS constitutes a substantive change to the contract, affecting price or time (or both), the contractor may request a contract modification in accordance with the terms of the contract.

(End of clause)

WBR 1452.236-84 PRESERVATION OF CULTURAL RESOURCES – BUREAU OF

RECLAMATION (MAR 2022)

(a) Definitions.

"Cultural items" as defined by Native American Graves Protection and Repatriation Act

(NAGPRA) include Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony.

"Cultural resources" is a broad term that includes prehistoric, historic, architectural, and traditional cultural properties; specific items include, but are not limited to, human skeletal remains, archaeological artifacts, records, and material remains related to such properties.

"Funerary objects" means Native American items that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed intentionally at the time of death or later with or near individual human remains.

"Human remains" means the physical remains of the body of a person.

"Native American" means of, or relating to, a tribe, people, or culture that is indigenous to the

United States.

"Sacred objects" means Native American items that are specific ceremonial objects needed by traditional Native American religious leaders for the practice of traditional Native American religions by their present-day adherents. These items are specifically limited to objects that were devoted to a traditional Native American religious ceremony or ritual and which have religious significance or function in the continued observance or renewal of such ceremony.

"Objects of cultural patrimony" means Native American items having ongoing historical, traditional, or cultural importance central to the Native American tribe or Native Hawaiian organization itself, rather than property owned by an individual tribal or organization member.

These objects are of such central importance that they may not be alienated, appropriated, or conveyed by any individual tribal or organization member.

(b) General. Federal legislation provides for the protection and preservation of cultural resources that may be impacted or altered as a result of any Federal project, activity, or program or federally licensed or assisted project, activity, or program.

(c) Discovery of Resources. Should the Contractor, or any of the Contractor's employees, subcontractors, or parties operating or associated with the Contractor, in the performance of this contract discover evidence of possible cultural resources, the Contractor shall immediately cease work at that location and provide oral notification to the contracting officer, giving location and nature of the findings. The Contractor shall forward a written report of findings to the

Contracting Officer within 48 hours.

(i) If a cultural resource is determined by Reclamation to be a Native American cultural item, then the Contractor shall cease the activity in the area of the discovery, make a reasonable effort to protect the items discovered, and wait for written approval from the

Contracting Officer before resuming activity.

(ii) If the discovery occurs on tribal lands, the Contractor shall immediately orally notify the responsible tribal official and the Contracting Officer and follow with written confirmation within 48 hours to the responsible tribal official and the contracting officer.

(The contracting officer will supply the name and phone number of the tribal official.

(iii) The Contractor shall exercise care so as not to disturb or damage any cultural resources discovered during the execution of this contract and shall provide such cooperation and assistance as may be necessary to preserve the findings for removal or other disposition by Reclamation. The Contractor shall not resume work in the area of a discovery until written notice to proceed is received from the contracting officer.

(d) Approval of Use Areas and Borrow Sources. If the Contractor proposes to use a location other than an approved location (approved locations to be provided by the…