Solicitation.pdf

U.S. Department of the Interior

Bureau of Reclamation

Technical Service Center

Denver, Colorado May 2025

Guernsey Power Plant Access Road and Parking Lot Repairs North Platte Project, Wyoming

Request for Quotation/Solicitation No. 140R6025Q0034

WY Guernsey Access Road and Parking Lot Repairs Solicitation No.140R6025Q0034_

FOREWORD

General Information:

Contract Opportunity Type: Request for Quote (RFQ)

Description:

Repair of the access road and parking lot at the Guernsey Dam and Powerplant.

The principal components of work include, but are not limited to the following:

1) Grouting of asphalt and concrete pavement cracks,

2) Cleaning of routed cracks,

3) Provision of crack sealant compound,

4) Installation of the compound within routed and cleaned cracks, and

5) Seal coating of parking lot areas.

Location of Project Work/Delivery/Installation:

The location is on the North Platte River in Platte County, Wyoming, seven (7) miles northeast of Guernsey, Wyoming.

Classification:

NAICS: 237310 Highway, Street, and Bridge Construction with a size standard of $45M Product Service Code: Z1LZ Maintenance Parking Structures

Magnitude of Project:

In accordance with FAR 36.204, the magnitude of the project is between $25,000 and $100,000.

Period of Performance:

The period of performance is 90 calendar days after receipt of the Notice to Proceed. The period of performance is inclusive of receipt and acceptance of all submittals by the Bureau of Reclamation, as well as final clean-up.

Site Visit:

Please see 52.236-27 Site Visit (Construction) of this solicitation.

Method of Submission of Proposals:

See Evaluation Factors and Instructions to Quoters

Contract Type:

Firm-Fixed Price

Evaluation Criteria:

See Evaluation Factors and Instructions to Quoters

Point of Contact All questions and correspondence concerning this solicitation should be submitted via email to Contracting Officer Darlene Dillon at the following email address: DDillon@usbr.gov .

For record keeping purposes, telephone communications will not be accepted. ALL communications shall be via email to the Contracting Officer. PLEASE DO NOT SEND MAIL

TO THE BUREAU OF RECLAMATION, BILLINGS, MONTANA, OR SALT LAKE CITY,

UTAH.

mailto:DDillon@usbr.gov

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION CALL

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

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

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0044010170

Bureau of Reclamation

Missouri Basin Regional Office

2021 4th Avenue North Billings MT 59101

R60 8. ADDRESS OFFER TO

DOI Bureau of Reclamation

Missouri Basin Region Attn: Contracting Officer Darlene Dillon Email: DDillon@usbr.gov (Mailed quotations will not be accepted)

Darlene Dillon 406-247-4037

105/05/2025

140R6025Q0034

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

Guernsey Power Plant Access Road and Parking Lot Repairs, North Platte Project, Wyoming

The North American Industry Classification System (NAICS) code is 237310

Highway, Street, and Bridge Construction with a size standard of $45M.

The Product Service Code is Z1LZ Maintenance Parking Structures

The set-aside is Total Small Business.

Taxpayer Identification Number (TIN):_________________________________

Unique Entity ID (UEI): ______________________________________________

Commercial and Government Entity Code in SAM__________________________

Continued ...

11. The Contractor shall begin performance within

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 90 calendar days and complete it within ________________ ________________ calendar days after receiving

PWS Paragraph 5.0

05/26/2025

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time

90_________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected .

STANDARD FORM 1442 (Rev. 12/2022)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

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

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

Bureau of Reclamation Missouri Basin Regional Office

2021 4th Avenue North Billings MT 59101

R60

Darlene Dillon

X 28. NEGOTIATED AGREEMENT 29. AWARD

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

copies to issuing office.) Contractor agrees to furnish

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

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

and return

(Contractor is not required to sign this document.) Your offer on this

Invoice Processing Platform System US Department of Treasury https://www.ipp.gov

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R6025Q0034

00010 1 AU $________________Guernsey Power Plant Access Road and Parking Lot Repairs

(Price Schedule CLINS 1-5)

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

Sponsored by GSA

FAR (48 CFR) 53.110

PRICE SCHEDULE

1. Quotations will be considered for award on the following price schedule, but no offer will be considered for award on only a part of the price schedule. Failure to complete all line items on the Price Schedule will be cause to determine the quotation as non-responsive.

2. Quotations are subject to the terms and conditions of this solicitation.

3. All quotations shall be valid for a minimum of 90 calendar days.

4. Quantities in the price schedule are estimated quantities for comparison of offers only.

Except as provided in the clause FAR 52.211-18 Variation in Estimated Quantity, no claim shall be made against the Government for overruns and/or under-runs.

5. Each Line Item is inclusive of Mobilization and Preparation, Materials, Equipment (usage), Demobilization, Clean-up, Overhead inclusive of labor, and all other Direct and Indirect costs.

6. Locations and/or quantities may be increased or decreased. The Government reserves the right to incorporate changes in quantity/quantities.

7. Payment will be made via the Invoice Processing Platform (IPP). Requests for Pre-validation of pay applications are required to be sent to the Contracting Officer (CO).

8. The Purchase Order will be/is a firm-fixed price.

9. The Government reserves the right to not make an award.

10. Definitions:

(a) CLIN – Contract Line-Item Number

(b) yds² – Square Yard(s)

CLIN SECTION AREA OF PROJECT WORK QUANTITY UNIT UNIT

PRICE

AMOUNT

(U.S. Dollars)

1 3 Dam – Warehouse Road Section

1500 yds² $ $

2 3 Warehouse Parking Area 300 yds² $ $

3 3 Powerplant Parking Area 500 yds² $ $

4 3 Picnic Shelter Parking Area 850 yds² $ $

5 3 Asphalt Replacement 500 yds² $ $

Total (Firm Fixed Price)

PERFORMANCE WORK STATEMENT (PWS)

Guernsey Power Plant Access Road and Parking Lot Repair

1.0 Scope

The Bureau of Reclamation (BOR) Wyoming Area Office (WYAO) is seeking to hire a contractor to perform roadway crack sealing and parking lot seal coating services, which will include grouting of asphalt and concrete pavement cracks, cleaning of routed cracks, provision of crack sealant compound, installation of the compound within routed and cleaned cracks, and seal coating of bike paths and parking lots, to be performed at the Guernsey Dam and Power Plant access road and parking lot. Removing existing asphalt and replacing asphalt as needed within the Guernsey Power Plant parking lot and access road. Re-grade parking lot to provide better drainage. The Contractor will provide seal coating per the Wyoming Department of Transportation (WYDOT) specifications offered in section 403 of its “Standard Specifications for Road and Bridge Construction”, 2021 Edition.

2.0 Background

The Guernsey Dam and Power Plant are located on the North Platte River in Platte County, 7 miles northeast of Guernsey, Wyoming. The parking lot to be repaired serves a picnic area at the base of the dam, the Guernsey Powerplant, and a Reclamation maintenance building.

Please see the attached photos as reference for work area.

3.0 Project Deliverables

The Contractor shall seal coat, grout cracks, clean grouted cracks, provide crack sealant compound, and install the compound within grouted and cleaned cracks at various locations throughout the work area per the specifications. On the request of the WYAO, the Contractor will provide proof that the sealant it is providing meets the WYDOT specifications. The contractor shall not be permitted to work in the rain or install sealant into cracks in which water is standing. There are two known locations of asphalt that need to be removed and replaced, which are shown on the include aerial photograph.

4.0 Sweeping and Collection of Debris

The Contractor shall mechanically sweep all streets with a street sweeper or equipment agreeable to the COR within 48 hours after it has been crack sealed. The removal of any excess debris blown or deposited onto parkways, sidewalks, walkways or driveways shall be included.

Upon completion of sweeping and collection of debris, all roadways and adjacent areas must present an appearance that is satisfactory to the COR. This work will not be paid for separately and shall be included in the cost of the overall contract work.

5.0 Period of Performance

The expectation is that the work will be completed within 90 days of award.

The contractor shall commence work within 10 days upon receiving written notice from the CO.

In the event of severe or wet weather, the Contracting Officer and/or COR will have authority to suspend work until such time that, in their opinion work may resume, in order to prevent water from being present at the work site.

HOURS OF OPERATION: The Contractor shall only perform work from 8:00am to 5:00pm, Monday thru Friday, unless otherwise stated.

6.0 Environmental Protection

The contractor shall comply with all federal, state, and local laws, regulations, and standards.

All environmental protection matters shall be coordinated with the CO or COR.

7.0 Contractor Personnel

All contractor employees must be U.S. citizens or have a valid Immigrant Visa Number, Permanent Resident Card, or Resident Alien Card authorizing them to work in the U.S. The contractor shall abide by all Federal, State, and Local laws pertaining to hiring and assigning tasks to personnel.

In accordance with GP-7 Site Security, the contractor shall provide a listing of all personnel performing work under the contract prior to performance. Copies of state issued licenses that pertain to work related tasks may be required. The contractor shall notify the CO or the COR in writing of any personnel change to this list prior to the implementation of such change(s).

The contractor shall report to the CO, by telephone, any accidents involving injury, death, damage to Government property, or accidental loss of Government property resulting from the activities of the contractor, their subcontractors, their agents, or their employees. A report shall be forwarded to the CO within 2 working days after the date of the accident. All accident records required by the Occupational Safety and Health Act shall be maintained in accordance with OSHA guidelines. In addition, the contractor shall cooperate and provide data to follow-up investigation of an accident by Reclamation.

All personnel employed by the contractor for performance of the contract, or any representative of the contractor entering the Government installation, shall abide by all security regulations of the installation.

8.0 Contractor Furnished Supplies

The Contractor shall furnish all supplies in accordance with standard industry practices required to perform under the contract to include at least the following:

a. The contractor is responsible for providing all labor, equipment, materials, supplies, and permits (if applicable) necessary to meet the requirements of the contract. Trucks, vehicles, and personnel will be licensed, insured, and certified as required by the appropriate governing agencies. Trucks shall be operational in accordance with Wyoming Department of Transportation requirements.

9.0 Safety and Health

a. Occupational Safety and Health Administration (OSHA) rules and regulations shall be adhered to.

b. The contractor shall follow Reclamation Safety and Health Standards (Revised 2009);

copy available upon request. The contractor is required to practice safety at all times when carrying out contract requirements.

c. A high degree of safety and health standards shall be exercised when carrying out the contract in the public recreation area.

d. The contractor shall contact the COR if these potential conflicts affect, or are anticipated to affect, contract requirements.

e. The contractor shall use extra caution when operating vehicles to ensure the safety of the contractor and the public.

f. The contractor shall operate vehicles at or below the posted speed limits.

g. The contractor shall be certified in 1st aid and CPR.

h. Approved first aid kits shall be carried in all contractors’ vehicles.

i. The contractor shall be responsible for supplying personal protective equipment for all the contractor’s employees.

j. The contractor shall keep the premises free from debris and accumulated waste.

k. Any vandalism, security, safety, or health issues shall be reported within 24 hours to the

COR. Any crimes against property or people, or need for emergency services, shall first be reported to the appropriate County Sheriff’s Office or emergency medical provider. If possible, also provide the COR any information pertaining to the condition, time, date, place, and description of damages, witnesses, suspects, or other information.

10.0 Government Furnished Equipment / Information

The government is not furnishing any equipment or supplies in support of this contract.

11.0 Contractor Quality Control Plan (QCP)

The contractor is responsible for the management and quality control actions necessary to meet the quality standards set forth by the contract. The contractor shall develop and maintain a quality control program to ensure maintenance services are performed in accordance with this contract.

Each phase of the service rendered under the contract is subject to Government inspection by the COR during any or all times of the contractor’s work. The Government’s Quality Assurance program is not a substitute for the QCP. The Government will monitor the contractor’s performance. Non-compliance with the contract will result in a required service being re-performed to the performance standards as stated in the PWS without additional expense to the Government. The Government reserves the right to utilize any method of inspection as necessary to assure contractor performance with all the requirements of the contract.

12.0 Performance Criteria

The designated Contracting Officer Representative (COR) will document acceptable and unacceptable contract performance. If the COR considers the contractor's performance to be unsatisfactory, the information will be reported to the Contracting Officer (CO). The CO may require the contractor to explain, in writing, the cause of the poor performance, any corrective actions the contractor has already taken to obtain an acceptable level and any future corrective actions the contractor will utilize to prevent unacceptable performance.

13.0 Performance Requirements Summary Table (PRST)

The following table summarizes the tasks, the performance standard, monitoring method, and disincentives/incentives for performance standards.

Task Description Performance Standard

Method of Monitoring

Disincentive Incentive

Condition Road work is completed properly

100% Inspection

1.) Re-work at contractor’s expense

2.) Payment deductions.

1.)

Exceptional contractor performance will be documented

14.0 Government Remedies

All work shall be subject to inspection, approval, and acceptance by the Government. The Government will compare the contractor's performance to industry standards and will not exclude common sense considerations as applied by the COR. The CO will follow the requirements of FAR Clause 52.426-12 for the contractor’s failure to correct nonconforming services. The Government will consider work incomplete when any one of the following conditions exits:

• The contractor did not perform any or all the tasks.

• The contractor was not timely.

If the performance of any required service is unsatisfactory, and poor performance is clearly the fault of the contractor, the Government may reduce the contract price to reflect the reduced value of defective services, if the Government notifies the contractor in writing prior to executing such payment deductions.

The CO will determine the payment deduction amount by calculating the percentage of acceptable services performed by the contractor. The Government will use the total number of deficiencies found to determine the percentage found unacceptable. The percentage found unacceptable subtracted from 100 percent will determine the percentage acceptable.

15.0 Invoices

Invoices must be submitted electronically through the U.S. Department of the Treasury's Internet Payment Platform System (IPP) located at www.ipp.gov. The contractor shall be registered in the IPP system before any payment is made to the contractor. The IPP system is FREE to register and use.

16.0 Required Submittals

RSN Clause Or Section Title Submittals Required Due date or delivery time

No. of sets to be sent to:

CO QAE

Liability Insurance 1452.228-70

Acceptable certificate of liability insurance

Within 10 calendar days after award

1 0

2 Site Security –

WBR

1452.237-80 Alt III

1. List of all contractor and subcontractor employees performing work under this purchase order with supporting documentation

2. List of all vehicles and equipment to be brought on site with supporting documentation

Within 10 calendar days after award

1 0

Hazardous Material Identification and Material Safety Data 52.223-03 A1

List of chemicals to be used for this contract and their associated SDS

Within 10 calendar days after award

1 0

4 WBR 1452.223-

81 Contractor’s safety plan

Within 10 calendar days after award

1 0

CLAUSES

52.203-18 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

Jan 2017

52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014 52.211-18 Variation in Estimated Quantity Apr 1984 52.222-6 Construction Wage Rate Requirements (Aug 2018) [DEVIATION

Feb 2025] Note: In accordance with Executive Order 14173 signed by the President on January 21, 2025. See https://www.acquisition.gov/sites/default/files/caac/CAAC_Letter_2 025_Supplement-1.pdf

Feb 2025

52.222-7 Withholding of Funds May 2014 52.222-8 Payrolls and Basic Records Jul 2021 52.222-10 Compliance with Copeland Act Requirements Feb 1988 52.222-11 Subcontracts (Labor Standards) (May 2014) [DEVIATION Feb

2025] Note: In accordance with Executive Order 14173 signed by the President on January 21, 2025. See https://www.acquisition.gov/sites/default/files/caac/CAAC_Letter_2 025_Supplement-1.pdf

Feb 2025

52.222-12 Contract Termination-Debarment (May 2014) [DEVIATION Feb 2025] Note: In accordance with Executive Order 14173 signed by the President on January 21, 2025. See https://www.acquisition.gov/sites/default/files/caac/CAAC_Letter_2 025_Supplement-1.pdf

Feb 2025

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

May 2014

52.222-14 Disputes Concerning Labor Standards Feb 1988 52.222-15 Certification of Eligibility May 2014 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While

Driving May 2024

52.229-3 Federal, State, and Local Taxes Feb 2013 52.236-7 Permits and Responsibilities Nov 1991 52.236-12 Cleaning Up Apr 1984

52.213-4 Terms and Conditions – Simplified Acquisitions (Other than Feb 2025 Commercial Products and Commercial Services) (Jan 2025) (Deviation Feb 2025)

(a)The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

https://www.acquisition.gov/sites/default/files/caac/CAAC_Letter_2025_Supplement-1.pdf https://www.acquisition.gov/sites/default/files/caac/CAAC_Letter_2025_Supplement-1.pdf https://www.acquisition.gov/sites/default/files/caac/CAAC_Letter_2025_Supplement-1.pdf https://www.acquisition.gov/sites/default/files/caac/CAAC_Letter_2025_Supplement-1.pdf https://www.acquisition.gov/sites/default/files/caac/CAAC_Letter_2025_Supplement-1.pdf https://www.acquisition.gov/sites/default/files/caac/CAAC_Letter_2025_Supplement-1.pdf

(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 (APR 2015). Note: In accordance with Executive Order 14173 signed by the President on January 21, 2025, Executive Order 11246 of September 24, 1965 (Equal Employment Opportunity) is hereby revoked.

(viii)52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). Note: In accordance with Executive Order 14173 signed by the President on January 21, 2025, Executive Order 11246 of September 24, 1965 (Equal Employment Opportunity) is hereby revoked

(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).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.225-13#FAR_52_225_13 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3553&num=0&edition=prelim https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 https://www.govinfo.gov/link/plaw/108/public/77 https://www.govinfo.gov/link/plaw/108/public/77 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3805&num=0&edition=prelim https://www.acquisition.gov/far/52.232-1#FAR_52_232_1

(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" https://www.acquisition.gov/far/52.232-8#FAR_52_232_8 https://www.acquisition.gov/far/52.232-11#FAR_52_232_11 https://www.acquisition.gov/far/52.232-25#FAR_52_232_25 https://www.acquisition.gov/far/52.232-39#FAR_52_232_39 https://www.acquisition.gov/far/52.233-1#FAR_52_233_1 https://www.acquisition.gov/far/52.244-6#FAR_52_244_6 https://www.acquisition.gov/far/52.253-1#FAR_52_253_1 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/4.1403#FAR_4_1403 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.federalregister.gov/executive-order/13126 https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/52.222-20#FAR_52_222_20 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter65&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/22.1303#FAR_22_1303 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/22.1408#FAR_22_1408 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 (NOV 2021) (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.))). Note: In accordance with Executive Order 14236, signed by the President on March 14, 2025, Executive Order 14026 of April 27, 2021 (Increasing the Minimum Wage for Federal Contractors) is hereby revoked.

(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).

https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 https://www.acquisition.gov/far/22.1303#FAR_22_1303 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-chapter67-front&num=0&edition=prelim https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 https://www.acquisition.gov/far/52.222-55#FAR_52_222_55 https://www.acquisition.gov/far/52.222-6#FAR_52_222_6 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1331&num=0&edition=prelim https://www.acquisition.gov/far/52.222-62#FAR_52_222_62 https://www.acquisition.gov/far/52.222-6#FAR_52_222_6 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 https://www.acquisition.gov/far/52.223-5#FAR_52_223_5 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11001&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11001&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13101&num=0&edition=prelim https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/23.109#FAR_23_109 https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim

(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) [(DEVIATION Feb 2025]) ( 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).

SUSTAINABLE PRODUCTS AND SERVICES (MAY 2024) [(DEVIATION Feb 2025])

(a)Definitions. As used in this clause—

Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock.

The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. ( 7 U.S.C. 8101) ( 7 CFR 3201.2).

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. ( 42 U.S.C. 6903).

Sustainable products and services means products and services that are subject to and meet the following applicable statutory mandates and directives for purchasing:

(1)Statutory purchasing programs.

(i)Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines ( 42 U.S.C. 6962) ( 40 CFR part 247) ( https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

(ii)Energy- and water-efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated products ( 42 U.S.C. 8259b) ( 10 CFR part 436, subpart C) ( https://www.energy.gov/eere/femp/search-energy-efficient-products and https://www.energystar.gov/products?s=mega).

https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-23#FAR_52_223_23 https://www.federalregister.gov/executive-order/14057 https://www.govinfo.gov/link/uscode/7/8102 https://www.govinfo.gov/link/uscode/42/6962 https://www.govinfo.gov/link/uscode/42/8259b https://www.govinfo.gov/link/uscode/42/7671l https://www.govinfo.gov/link/uscode/42/7671l https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8101&num=0&edition=prelim https://www.ecfr.gov/current/title-7/section-3201.2 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim https://www.ecfr.gov/current/title-40/part-247 https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8259&num=0&edition=prelim https://www.ecfr.gov/current/title-10/part-436/subpart-C https://www.ecfr.gov/current/title-10/part-436/subpart-C https://www.energy.gov/eere/femp/search-energy-efficient-products https://www.energy.gov/eere/femp/search-energy-efficient-products https://www.energystar.gov/products?s=mega

(iii)Biobased products meeting the content requirement of the USDA under the BioPreferred® program ( 7 U.S.C. 8102) ( 7 CFR part 3201) ( https://www.biopreferred.gov).

(iv)Acceptable chemicals, products, and manufacturing processes listed under EPA's Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone ( 42 U.S.C. 7671l) ( 40 CFR part 82, subpart G) ( https://www.epa.gov/snap).

(2)Required EPA purchasing programs.

(i)WaterSense® labeled (water efficient) products and services ( https://www.epa.gov/watersense/watersense-products).

(ii)Safer Choice-certified products (products that contain safer chemical ingredients) ( https://www.epa.gov/saferchoice/products).

(iii)Product and services that meet EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023 ( https://www.epa.gov/greenerproducts/ recommendations-specifications-standards-and-ecolabels-federal-purchasing).

(b)Requirements.

(1)The sustainable products and services, including the purchasing program and type of product or service, that are applicable to this contract, and any products or services that are not subject to this clause, will be set forth in the statement of work or elsewhere in the contract.

(2)The Contractor shall ensure that the sustainable products and services required by this contract are—

(i)Delivered to the Government;

(ii)Furnished for use by the Government;

(iii)Incorporated into the construction of a public building or public work; and

(iv)Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract (versus costs which are normally applied to the Contractor's general and administrative expenses or indirect costs). This includes services performed by contractors performing management and operation of Government-owned facilities to the same extent that, at the time of award, an agency would be required to comply if an agency operated or supported the facility.

(3) http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8102&num=0&edition=prelim https://www.ecfr.gov/current/title-7/subtitle-B/chapter-XXXII/part-3201 https://www.biopreferred.gov/ https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.ecfr.gov/current/title-40/part-82/subpart-G https://www.epa.gov/snap https://www.epa.gov/watersense/watersense-products https://www.epa.gov/saferchoice/products https://www.epa.gov/greenerproducts/recommendations-specifications-standards-and-ecolabels-federal-purchasing https://www.epa.gov/greenerproducts/recommendations-specifications-standards-and-ecolabels-federal-purchasing

(i)Except as provided in paragraph (b)(3)(ii) of this clause, sustainable products and services must meet the applicable standards, specifications, or other program requirements at time of quote or offer submission; and

(ii)Sustainable products and services must meet the EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023.

(c)Resource. The Green Procurement Compilation (GPC) available at https://sftool.gov/ greenprocurement provides a comprehensive list of sustainable products and services and sustainable acquisition guidance. The Contractor should review the GPC when determining which [statutory] purchasing programs apply to a specific product or service.

(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).

https://sftool.gov/greenprocurement https://sftool.gov/greenprocurement https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/19.502-2#FAR_19_502_2 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/13.302-5#FAR_13_302_5 https://www.acquisition.gov/far/52.226-6#FAR_52_226_6 https://www.acquisition.gov/far/26.404#FAR_26_404 https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34

(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): https://www.acquisition.gov

(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 post acceptance rights-

(1)Within a reasonable period of time after the defect was discovered or should have been discovered; and https://www.acquisition.gov/far/52.240-1#FAR_52_240_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3901&num=0&edition=prelim https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim https://www.acquisition.gov/far/47.504#FAR_47_504 https://www.acquisition.gov/far/52.247-69#FAR_52_247_69 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40118(g)&num=0&edition=prelim https://www.acquisition.gov/far/52.204-21#FAR_52_204_21 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 https://www.acquisition.gov/far/9.405-2#FAR_9_405_2 https://www.acquisition.gov/far/52.211-17#FAR_52_211_17 https://www.acquisition.gov/far/52.247-29#FAR_52_247_29 https://www.acquisition.gov/far/52.247-34#FAR_52_247_34 https://www.acquisition.gov/

(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.