Sol__140R6026Q0033_3_24_26.pdf
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- DK - Heart Butte Transformer Pad SOD
- Solicitation number
- 140R6026Q0033
About this file
This is a solicitation document (140R6026Q0033) for construction services issued by the U.S. Department of the Interior, Bureau of Reclamation, Missouri Basin Regional Office in Billings, Montana.
The solicitation seeks quotes for the DK - Heart Butte Transformer Pad SOD project located in Elgin, North Dakota, near Lake Tschida. The contractor shall construct reinforced concrete transformer and CT (current transformer) pads, furnish and install a CT cabinet with service entrance disconnects rated 1600A, furnish and install a main distribution panel with a minimum of 48-pole main circuit breaker, install eight guard posts (four per pad), establish a ground system with four ground rods and copper conductor, and furnish and install cable and conduit between the transformer and CT cabinet. All electrical equipment and utility line installers must have a minimum of five years' experience in similar installations. The contractor must coordinate with the utility provider (Mor-Gran-Sou Electric Cooperative) throughout performance. Detailed technical specifications and drawings are incorporated by reference. The period of performance is 182 days from purchase order award, with delivery due 182 days after award. The contractor must submit a construction schedule for approval at least 21 days prior to beginning work, and installation plans must be submitted at least 28 days before work begins for COR review and approval within 14 calendar days.
The solicitation is set aside for small business concerns with a size standard of $19,000,000. Quotes must be submitted by April 24, 2026, at 5:00 p.m. EDT and remain valid for 90 days. Written questions must be received by March 31, 2026. Award will be made on a firm-fixed-price basis to the responsible offeror offering the best value without discussions, with evaluation based equally on work plan, past performance on similar projects within the last five years, and price. Performance and payment bonds are required within 10 calendar days of award. The contract incorporates Davis-Bacon wage requirements with prevailing wage rates specified for various craft positions. Contractor must maintain liability insurance including $100,000 workers' compensation, $500,000 general liability, and $200,000-$500,000 property/automobile liability coverage. Payment will be made via the Invoice Processing Platform (IPP) system.
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Solicitation 140R6026Q0033
DK - HEART BUTTE TRANSFORMER PAD SOD
ELGIN, NORTH DAKOTA
U.S. Department of the Interior Bureau of Reclamation Missouri Basin Region Billings, Montana February 2026
FOREWORD
The Bureau of Reclamation Dakotas Area Office (DKAO) has a need for a concrete transformer pad, installation of a CT cabinet, and other associated construction work at the Heart Butte Dam location near
Lake Tschida, North Dakota.
This procurement is being conducted in accordance with Federal Acquisition Regulation (FAR) Part 12 –
Simplified Acquisition Procedures. Offerors are strongly encouraged to carefully review the proposal submission requirements outlined in this solicitation. To be considered for award, offerors must fully address all evaluation factors.
The Government anticipates awarding one Firm Fixed Price (FFP) purchase order as a result of this solicitation. While the Government intends to make award(s) without conducting discussions, it reserves the right to do so if deemed necessary by the Source Selection Authority or the Contracting Officer.
Therefore, offerors are advised to submit proposals that reflect their best pricing and technical approach.
Offerors may submit written questions regarding this solicitation. All questions must be received no later than March 31, 2026, at 5:00 p.m. Eastern Daylight Time. Questions received after this deadline will not be considered. Only written questions will receive a response.
Each question must include the following:
Document name
Document date Specific page number
Paragraph, clause, or other citation requiring clarification
Submit all questions via email to:
Mitchell Frost, Contracting Officer – mitchell_frost@ios.doi.gov
Responses to all timely submitted questions will be issued via amendment and posted on www.sam.gov.
The Contractor shall submit quotes in their entirety to the Contracting Officer Mitchell Frost at
Mitchell_frost@iod.doi.gov no later than April 24, 2026, at 5:00 p.m. EDT to be considered for award. Vendors are required to keep quotes valid for a minimum of 90 days, including pricing.
mailto:mitchell_frost@ios.doi.gov http://www.sam.gov/
(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
140R6026Q0033
Bureau of Reclamation Missouri Basin Regional Office 2021 4th Avenue North Billings MT 59101
R60
Mitchell Frost 0000000000
10 182
1 3
The contractor shall meet all requirements set forth in the Statement of Work.
The contractor is required to coordinate with the utility provider to ensure all purchase order requirements are met and are delivered on schedule.
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 Missouri Basin Regional Office 2021 4th Avenue North Billings MT 59101
R60
Mitchell Frost
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
140R6026Q0033
00010 1 LS
The contractor shall meet all requirements set forth in the Statement of Work. The contractor is required to coordinate with the utility provider to ensure all purchase order requirements are met and are delivered on schedule.
Delivery: 182 days from Purchase Order Award.
DK - Heart Butte Transformer Pad SOD
Period of Performance: 182 days from Purchase Order Award.
PRICE SCHEDULE A
a) Complete Price Schedule A in full
b) All CLINs shall be Firm Fixed Price
CLIN SUPPLIES OR SERVICES QUANTITY UNIT PRICE IN U.S. DOLLARS
1 DK - Heart Butte Transformer Pad SOD:
This effort will be paid out upon completion of all construction activities outlined in the Statement of Work.
1 Lump Sum
Total Price of Schedule A $________________
Statement of Work DK - Heart Butte Transformer Concrete Pads, CT Cabinet, and other construction activities for the Heart Butte Dam Safety
Modification (HBDSM) Project
1.0 Introduction
The Bureau of Reclamation is requiring construction activities at Heart Butte Dam as specified in this Statement of Work (SOW) to support a future effort for the Heart Butte Dam Safety Modification (HBDSM). It is anticipated that the upcoming HBDSM, a different contracting effort, will require electrical power service for dewatering, jet grouting, worker housing, and other miscellaneous items. The current effort, which is the subject of this SOW, provides a CT cabinet, concrete pads, and other construction activities outlined below. Heart Butte Dam is owned and operated by the Bureau of Reclamation and is located approximately 75 miles from Bismarck, North Dakota, along the Heart River.
2.0 Scope
As detailed in Section 4.0 Tasks, below, the contractor shall construct reinforced concrete pads for transformer and CT cabinets, furnish and install a CT cabinet and a main distribution panel, and furnish and install associated cables and conduits.
3.0 Objectives
The objective of this effort is to install a new electrical service to support the HBDSM. All work will be done in accordance with the Reclamation Safety and Health Manual. All electrical equipment and utility line installers must have a minimum of 5 years’ experience in performing installations of a similar nature to that required by this SOW.
4.0 Tasks
The contractor shall construct, furnish, and install electrical service components designated as member responsibility as shown on the attached CT Meter Diagram and as detailed below.
• The Contractor shall construct the reinforced concrete transformer and CT pads in accordance with the attached UM1-60, Three Phase Transformer Concrete Pads, Pad #3 (see SOW Attachment #2). The pads will be at the location of the Temporary Transformer shown on the attached Heart Butte Dam – SOD Modification Project Electrical Supply Coordination map (see SOW Attachment # 4) and at the location staked by Reclamation on site.
• The Contractor shall furnish and install four guard posts around each reinforced concrete pad (eight total). Guard posts shall be installed in accordance with the detail “Guard Post, Type I” as shown on the attached standard drawing 40-D-60002 (see SOW Attachment #3). The contractor shall install guard posts adjacent to the corners of each reinforced concrete pad, in locations approved by the Contracting Officer’s Representative (COR).
• The Contractor shall furnish and install a ground system for the transformer consisting of four ground rods installed at the transformer pad corners and approximately 100 feet of 4/0AWG ground conductor for ground ring and 10 feet of 4AWG copper grounding electrode conductor connecting the ground ring to the transformer.
• The Contractor shall furnish and install a CT cabinet with a service entrance disconnect (fusible switch or circuit breaker) rated 1600A for utility power and a disconnect rated 1600A for engine generator power connected via kirk-key interlock or similar. The CT cabinet must accommodate the CTs and meter provided by the Utility in addition to the two disconnects.
• The Contractor shall furnish and install a main distribution panel with a main circuit breaker (MCB) with a minimum of 48 poles capable of holding 2 and 3-pole breakers.
• The Contractor shall furnish and install cable and conduit between the transformer and CT cabinet. The CT cabinet and the main distribution panel will be connected via shared busbar as a switchgear. The cable and conduit between the transformer and CT cabinet shall be two buried parallel runs of 25 feet minimum. Conduit shall be 6-inches minimum diameter PVC with RMC stub ups and elbows. Cable shall be 3/C 1750 kcmil conductor with XHHW insulation and 1/C 4/0AWG ground cable in each conduit run.
• At least 28 calendar days before beginning work, the Contractor shall submit to the installation plans to the COR and complete descriptions of electrical equipment identifying types, sizes, quantities, capacities, sources, and other characteristics for cable and conduit, meter and meter socket, the CT panel, and appurtenant equipment. The COR will review and provide comments or approval within 14 calendar days of receipt of submittals. Submittals must be approved prior to the contractor beginning construction work on-site.
• The Bureau of Reclamation will enter into a contract (hereinafter referred to as “Other Contract”) with Mor-Gran-Sou Electric Cooperative (Utility) to construct an electric service line from the main distribution line located on the northeast side of the Lake Tschida Campground to the location of the proposed temporary transformer as shown on the attached drawing 203-D-600004, Contractor Use and Borrow Areas Plan. Mor- Gran-Sou will also furnish a transformer and install it on the transformer pad constructed through this contract, as well as provide and install CTs through the Other Contract. The Utility has procured the transformer and will install it upon completion of the concrete transformer pad by the Contractor under this SOW. Prior to and throughout construction, the Contractor will be required to coordinate with the Utility to perform a pre-construction site visit, determine the exact location of the concrete transformer pad, determine requirements for accommodation of other Utility provided equipment (CTs, meter, etc.), and develop a mutually agreeable schedule for installation and connection of the transformer.
5.0 Delivery
The Contractor shall submit a construction schedule to the COR for review and approval at least 21 days prior to beginning any construction activities on-site.
6.0 Government-Furnished Property
The government has contracted with the Utility to furnish and install the transformer under the Other Contract.
7.0 Place of Performance
The electrical service shall be located at the southwest end of the Lake Tschida Campground, as shown on the attached map and at approximately 46°35'48.29"N, 101°48'29.48"W.
8.0 Period of Performance
The period of performance is 182 days from the time of award.
Attachments:
1. CT Meter Diagram
2. UM1-60 Three Phase Transformer Concrete Pads
3. 40-D-60002 Guard Post Details
4. SOD Modification Project Electrical Supply Coordination Map
TRANSFORMER INSTALLED
BY COOPERATIVE
SECONDARY WIRE SIZED,
PROVIDED, AND INSTALLED BY
MEMBER.
PRIMARY WIRE PROVIDED AND
INSTALLED BY COOPERATIVE.
ALL FACILITIES DOWNSTREAM
OF METER CABINET PROVIDED,
SIZED, AND INSTALLED BY
MEMBER.
MEMBER RESPONSIBLE FOR ALL SECONDARY TERMINATIONS.
COOPERATIVE WILL PROVIDE AND INSTALL METER, CT'S, AND CONTROL WIRING.
CT CABINET - MEMBER
RESPONSIBILITY TO SIZE,
PROVIDE, AND INSTALL.
COOPERATIVE PROVIDES AND
INSTALLS CT'S AND WIRES
METER.
CT METER DIAGRAM
SOW Attachment #1 - CT Meter Diagram
SOW Attachment #2 - UM1-60 Three Phase Transformer Concrete P
4' -6
8" Std. steel pipe sleeve
6" Std. steel pipe (5'-3" long)
6" Std. pipe cap
CL. 3/8"x4" Headed concrete anchor (8 req'd per pipe sleeve spaced @ 90°)
Rockfill
18"Ø Single wall perforated HDPE pipe 2'
-0
(M in
(M in
6" 3"
TOC
Upper bar 11Øx3/8 with 6 3/4"Ø hole in center
Lower bar 11Øx3/8 with 7"Ø hole in center
Foundation, see Note 1
4' -6
3"
4' -0
1"
Drill 7/8"Ø holes through pipe to receive 2-#6 rebar that are 1'-2" in length. Locate rebar 90° from each other and tack weld rebar to pipe.
Crown top of fill concrete for runoff
1' -0
Surfacing material (if applicable)
6" Std. steel pipe filled with concrete
18"Ø Concrete base
Finished grade Crown base for runoff
Foundation reinforcement not shown, see Note 1
TOC
4' -6
3"
2' -3
(M ax
1"
1' -0
3"
M in
S ee
N ot e
Crown top of fill concrete for runoff
6" Std. steel pipe filled with concrete
Surfacing material (if applicable)
Finished grade Crown base for runoff
TOC
Drill 7/8"Ø holes through pipe to receive 2-#6 rebar that are 1'-2" in length.
Locate rebar 90° from each other and tack weld rebar to pipe.
18"Ø Concrete base
DO NOT GALVANIZE STEEL PIPE
GUARD POST, TYPE I
FOR FOUNDATION EMBEDDED IN COMMON SOIL CONDITION
GALVANIZE PIPE SLEEVE
DO NOT GALVANIZE STEEL PIPE
GUARD POST, TYPE III
REMOVABLE GUARD POST AND SLEEVE FOR SLAB-ON-GRADE CONDITION
DO NOT GALVANIZE STEEL PIPE
GUARD POST, TYPE II
FOR FOUNDATION EMBEDDED IN ROCK CONDITION
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TYPICAL GUARD POSTS
NON-SECURITY
APPLICATION
DENVER, CO
40-D-60002
2015-03-23
DESIGNED
DRAWN
CHECKED
TECH. APPR.
APPROVED
ADMIN APPROVAL -
£TT£
£AT£
£AA£
£TA£
Bernard Lajimodiere
RBarthel
Olaff G. Huerta
Barthel, Rodney J P.E.
Plant Structures Group
Bernstein, Alfred I P.E.
Plant Structures Group
ASTM denotes American Society for Testing and Materials
AWS denotes American Welding Society
AWWA denotes American Water Works Association
COR denotes Contracting Officer's Representative
HDPE denotes high density polyethylene
Max. denotes maximum
Min. denotes minimum psi denotes pounds per square inch
Rebar denotes concrete reinforcement
Std. denotes standard
TOC denotes top of concrete
Typ. denotes typical
All welds, sections and details are typical for all similar conditions.
Coat steel guard post and upper bar per specifications or as directed by COR.
Unless noted otherwise, galvanize pipe sleeve and lower bar after fabrication per ASTM A385.
Fabricated Metalwork:
Bars _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ASTM A36 Std. Steel Pipe _ _ _ _ _ _ _ _ _ _ _ _ _ ASTM A53, Grade B Rebar _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ASTM A615
HDPE Pressure Pipe: ASTM F405.
Unless noted otherwise, make all welds continuous and in the shop.
Unless noted otherwise, fabricator shall determine edge preparation and root opening for groove welds.
Arc-Welding Electrodes: Filler metal and required shielding gases or fluxes shall be per AWS D1.1 with filler metal for steel having a minimum tensile strength of 70,000 psi.
Rockfill per ASTM C33, Coarse Aggregate, Size No. 57.
Unless noted otherwise, concrete structural design is based on concrete with a minimum compressive strength of 2,500 psi at 28 days and reinforcement with a minimum yield strength of 60,000 psi.
NOTES
1. Foundation design engineer shall verify foundation stability and the concrete and reinforcement strength requirements.
2. 12" Embedment in moderately weathered or less weathered rock and 24" embedment in intensely-to-moderately weathered or more weathered rock. Rock weathering classifications are defined within drawing 40-D-7022.
3. Install guard posts at locations shown on specifications drawings and/or as directed by COR.
GENERAL NOTES
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SOW Attachment #3 - 40-D-60002 Guard Post Details
AutoCAD SHX Text G
Existing Electrical
Electrical Enclosures
Avoidance Area
Proposed Alignment
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SOW Attachment #4 - SOD Modification Project Electrical Supply Coordination Map
DK - Heart Butte Transformer Pad SOD Purchase Order 140R6026Q0033
CLAUSES
52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)
This solicitation incorporates one or more solicitation provisions evaluation 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov.
52.204-7 System for Award Management Oct 2018
52.204-16 Commercial and Government Entity Code Reporting Aug 2020
52.204-22 Alternative Line Item Proposal Jan 2017
52.207-1 Notice of Standard Competition May 2006
52.212-1 Instructions to Offerors-Commercial Products and
Commercial Service
Sep 2023
52.214-34 Submission of Offers in the English Language Apr 1991
52.214-35 Submission of Offers in U.S. Currency Apr 1991
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. (JUL 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 (MAY 2014)
Requirements and Related Regulations.
52.222-14 Disputes Concerning Labor Standards. (FEB 1988)
52.222-15 Certification of Eligibility (MAY 2014)
DOI-AAAP-0028 Electronic Invoicing and Payment Requirements-Invoice Processing
Platform (IPP) (APR 2013) http://www.acquisition.gov/
Payment requests must be submitted electronically through the U. S. Department of the
Treasury's Invoice Processing Platform System (IPP).
'Payment request' means any request for contract financing payment or invoice payment by the
Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is:
https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the
IPP invoice:
1) Hard Copy Invoice
2) Monthly Certificate of Labor Conformance
3) Subcontractor/Supplier Payment Summary
4) Release of Claims (with final invoice)
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.
52.213-4 Terms and Conditions – Simplified Acquisitions (Other than (OCT 2025)
Commercial Products and Commercial Services)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or
Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(iv) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of
Division R of Pub. L. 117-328), unless the agency grants an exception - see paragraph (b) of
52.204-27.
(v) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023)
(Pub. L. 115–390, title II).
(vi) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).
(vii) 52.222-21, Prohibition of Segregated Facilities (Oct 2025).
(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(ix) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the
Treasury).
(x) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (
31 U.S.C. 3903 and 10 U.S.C. 3801).
(xi) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).
(xii) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) ( Pub. L. 108-77 and
108-78 ( 19 U.S.C. 3805 note)).
(2) Listed below are additional clauses that apply:
(i) 52.232-1, Payments (Apr 1984).
(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).
(iii) 52.232-11, Extras (Apr 1984).
(iv) 52.232-25, Prompt Payment (Jan 2017).
(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).
(vi) 52.233-1, Disputes (May 2014).
(vii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (Jan 2025).
(viii) 52.253-1, Computer Generated Forms (Jan 1991).
(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
(ii) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun
2020)(Pub. L. 109-282) ( 31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).
(iii) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025) ( E.O.
13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in
2.101 on the date of award of this contract).
(iv) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment., Contracts for
Materials, Supplies, Articles, and Equipment (Jun 2020) ( 41 U.S.C. chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).
(v) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).
(vi) 52.222-36, Equal Employment for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793)
(Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)
(vii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).
(viii) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern
Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).
(ix) (A) 52.222-50, Combating Trafficking in Persons (Oct 2025) (22 U.S.C. chapter 78 and E.O.
13627) (Applies to all solicitations and contracts).
(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).
(x) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan
2022) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern
Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act ( 43 U.S.C.
1331, et seq.))).
(xi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the
United States (the 50 States and the District of Columbia.))
(xii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2024) ( 42 U.S.C.
11001-11050 and 13101-13109) (Applies to services performed on Federal facilities).
(xiii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts for products as prescribed at FAR 23.109(d)(1)).
(xiv) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air
Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).
(xv) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).
(xvi) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.
(xvii) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42
U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l) (Applies to contracts when the agency identifies in the statement of work, or elsewhere in the contract, the sustainable products and services that apply to the acquisition).
(xviii) (A) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in 2.101 on the date of award of this contract, and the acquisition-
(1) Is set aside for small business concerns; or
(2) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed
$50,000).
(B) Alternate I (OCT 2022) (Applies if the Contracting Officer has filled in the domestic content threshold below, which will apply to the entire contract period of performance. Substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of domestic end product in paragraph (a) of 52.225-1: (A) The cost of its components mined, produced, or manufactured in the United States exceeds ____ percent of the cost of all its components. [
Contracting officer to insert the percentage per instructions at 13.302-5(d)(4). ])
(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations., Promoting Excess
Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).
(xx) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct
2013)(Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).
(xxi) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award
Management (Jul 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).
(xxii) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by
American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub.
L. 118-31, 41 U.S.C. 3901 note prec.).
(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (
46 U.S.C. 55305)(Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).
(xxiv) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to
Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)). (Applies to contracts with a U.S.-flag carrier for the transportation by air of passengers; does not apply to contracts awarded by the
Department of Defense or contracts for commercial products).
(2) Listed below are additional clauses that may apply:
(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Nov 2021)
(Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.)
(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors
Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan 2025) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).
(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).
(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).
(v) 52.247-34, F.o.b. Destination (Jan 1991) (Applies to supplies if delivery is f.o.b. destination).
(c) FAR 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):
[Insert one or more Internet addresses]
(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights-
(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the
Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting
Officer of the cessation of such occurrence.
(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the
Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The
Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.
(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the
Contractor shall be liable to the Government for any and all rights and remedies provided by law.
If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
52.219-6 Notice of Total Small Business Set-Aside (Deviation) (Jan 2026)
(a) Definition. Small business concern, as used in this clause—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.
(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
(b) Applicability. This clause applies only to-
(1) Contracts that have been set aside for small business concerns; and
(2) Orders set aside for small business concerns under multiple-award contracts as described in
8.4 and 16.5.
(c) General.(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.
(2) Any award resulting from this solicitation will be made to a small business concern.
52.225-9 Buy American-Construction Materials (OCT 2022)
(a) Definitions. As used in this clause—
Commercially available off-the-shelf (COTS) item—
(1) Means any item of supply (including construction material) that is–
(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(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, https://www.acquisition.gov/far/2.101#FAR_2_101 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-
(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.
https://www.acquisition.gov/far/25.105#FAR_25_105
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;
http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/12.505#FAR_12_505
(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 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…
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