Solicitation_No__140R3026R0001.pdf
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- MOD/MODE/US Bypass Canal Repairs
- Solicitation number
- 140R3026R0001
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This is a Request for Proposal (RFP) issued by the U.S. Department of the Interior, Bureau of Reclamation, Yuma Area Office for concrete canal repairs and replacement work. The solicitation number is 140R3026R0001, with a contract number to be determined. This is a 100% HUBZone set-aside acquisition under NAICS code 237990 (Other Heavy and Civil Engineering Construction) with a $45 million small business size standard. The estimated project magnitude is between $500,000 and $1,000,000. Work involves replacing and repairing concrete canal panels for the Main Outlet Drain (MOD), Main Outlet Drain Extension (MODE), and US Bypass Canals located in Yuma, Arizona, which convey agricultural drainage flows to the Cienega de Santa Clara in Mexico. The contractor must complete all work within 120 calendar days after receiving the Notice to Proceed, with work commencing within 14 calendar days of the NTP.
Required services include demolition of existing concrete liners and mechanical components, backfill and compaction activities, construction of new 3½-inch concrete panels, installation of groove and expansion joints, dewatering, erosion control, and materials testing. The price schedule includes 14 line items covering bonds and insurance, preparatory work, mobilization and demobilization, traffic control, removal and disposal of existing materials, concrete panel installation, joint construction, testing, cofferdam operations, and optional dewatering and erosion control work. Proposals must be submitted electronically via email to Harris Abellon at habellon@usbr.gov in three separate volumes: Volume I (Business Proposal with representations and certifications), Volume II (Technical Proposal/Experience/Past Performance limited to 50 pages), and Volume III (Pricing Proposal). An organized site visit is scheduled for February 4, 2026, at 9:30 a.m. Arizona Time at 7301 Calle Agua Salada, Yuma, AZ 85364, with notification required by February 2, 2026. Written questions must be submitted by February 9, 2026, at 12:00 p.m. Pacific Time. Evaluation criteria include Technical Plan for Construction (Factor 1), Past Performance (Factor 2), and Price (Factor 3), with technical factors combined being approximately equal to price. A bid guarantee of 20% of proposal price and performance and payment bonds are required for construction services exceeding $150,000.
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Solicitation No. 140R3026R0001 Contract No. TBD HUBZone Set-Aside Request for Proposal
MOD/MODE/US Bypass Canal Repairs
U.S. Department of the Interior Bureau of Reclamation
Interior Region 8: Lower Colorado Basin 2026
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FOREWORD
Solicitation No.
140R3026R0001
Project Title i
The U.S. Department of the Interior (DOI), Bureau of Reclamation (Reclamation), Yuma Area Office (YAO), has a requirement to replace and repair of concrete canal panels for the Main Outlet Drain (MOD), Main Outlet Drain Extension (MODE), and US Bypass Canals located in Yuma, Arizona convey agricultural drainage flows from farmland to the Cienega de Santa Clara in Mexico.
This acquisition is being procured under Federal Acquisition Regulation Part 15, Contracting by Negotiation and Part 36, Construction and Engineering Contracts. Offerors are cautioned to carefully review the offer submission requirements contained in Section L and the evaluation criteria and standards contained in Section M. To be considered qualified for this work, offerors must fully address all evaluation factors. Failure to comply with these requirements may result in a proposal being determined unacceptable. Reference Section L, for instructions and Section M, paragraph M.2 for evaluation factors and acceptability standards. The Government anticipates making award without discussions.
This requirement will be issued as a 100% HUBZone set-aside. The North American Industry Classification System (NAICS) Code assigned to this project is 237990, Other Heavy and Civil Engineering Construction with a corresponding small business size standard of $45M.
MAGNITUDE OF CONSTRUCTION PROJECTS: Per Reclamation Acquisition Regulation (RAR) – WBR 4126.204 - Disclosure of the Magnitude of Construction Projects, the estimated magnitude is between $500,000 and $1,000,000.
SITE VISIT: See Section L.8, FAR 52.236-27 Site Visit (Construction) for information regarding the organized site visit. A site visit will be held on February 4, 2026, at 9:30 a.m. Arizona Time. All parties will meet at the Yuma Area Office located at 7301 Calle Agua Salada, Yuma, AZ 853614.
Contact Harris Abellon, Contract Specialist at habellon@usbr.gov if you intend to attend the site visit by no later than February 2, 2026, at 12:00 a.m. Pacific Time. If no notification is received from interested vendors, the site visit will be cancelled.
Vendors are urged and expected to inspect the site where work is to be performed and to satisfy themselves regarding all general and local conditions that may affect the price of the work to be performed, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after award of the contract.
WRITTEN QUESTIONS: Reclamation will only accept written questions for this solicitation. Please submit all written questions pertaining to this Request for Proposals (RFP) to Harris Abellon at habellon@usbr.gov no later than February 9, 2026, at 12:00 p.m. Pacific Time. The subject line shall clearly reference the RFP Number associated with this RFP. Offerors are responsible for ensuring that the Contract Specialist has received the questions submitted by the due date. Questions received after this date may not be entertained.
For date and place of receipt of proposals see (Construction, Alteration or Repair) SF-1442.
OTHER NOTES TO OFFERORS: For information regarding Bureau of Reclamation’s publication “Reclamation Safety and Health Standards" with revisions at http://www.usbr.gov/ssle/safety/RSHS/rshs.html ) which is applicable to work to be performed, see clause WBR 1452.223-81 Safety and Health.
Note: The term “bid” found within Attachment No. 0001 – Specifications is equal to “proposal.”
System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency
Project Title ii solicitations, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, and paragraph (t) of 52.212-3, Offeror Representations and Certifications— Commercial Products and Commercial Services. Agencies will not consider or use these representations.
Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.
140R3022R0014
Project Title Interpretive Exhibit Fabrication and Installation Services
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TABLE OF CONTENTS Solicitation No.
Project Title i
TABLE OF CONTENTS
TABLE OF CONTENTS A-1
PART I – THE SCHEDULE
SECTION A – Solicitation/Contract Form – Construction, Alteration or Repair, SF-1442
SECTION B – Continuation of Section B - Supplies or Services and Prices/Costs
B.1 The Requirement B-1 B.2 Price Schedule B-2
SECTION C – Description/Specifications/Statement of Work C-1
C.1 Specifications C-1
SECTION D - Packaging and Marking – Not applicable D-1
SECTION E - Inspection and Acceptance E-1
E.1 52.252-2 Clauses Incorporated by Reference E-1
SECTION F - Deliveries or Performance F-1
F.1 52.252-2 Clauses Incorporated by Reference F-1 F.2 52.211-10 Commencement, Prosecution, and Completion of Work F-1
SECTION G - Contract Administration Data G-1
G.1 WBR 1452.201-70 Authorities and Delegations – Bureau of Reclamation G-1 G.2 DOI-AAAP-0028 Electronic Invoicing and Payment Requirements –
Internet Payment Platform G-1
G.3 1452.201-80 Contracting Officer’s Representative Authorities and Limitations - Bureau of Reclamation
G-3
SECTION H - Special Contract Requirements H-1
H.1 DOI-AAAP-0050 Contractor Performance Assessment Reporting System, H-1 H.2 WBR 1452.242-80 Post Award Conference -- Bureau of Reclamation H-2
PART II - CONTRACT CLAUSES
SECTION I - Contract Clauses I-1 I.1 52.252-2 Clauses Incorporated by Reference I-1 I.2 52.203-14 Display of Hotline Poster(s) I-3 I.3 52.219-14 Limitations on Subcontracting (Deviation) I-4 I.4 52.222-35 Equal Opportunity for Veterans I-6 I.5 52.222-36 Equal Opportunity for Workers with Disabilities I-6 I.6 52.225-9 Buy American Act-Construction Materials I-6 I.7 52.236-1 Performance of Work by the Contractor I-10 I.8 52.252-6 Authorized Deviations in Clauses I-10 I.9 1452.203-70 Restrictions on Endorsements – Department of the Interior I-10
I.10 1452.204-70 Release of Claims – Department of the Interior I-11 I.11 1452.215-87 Incorporation of Technical Proposal – Bureau of Reclamation I-11 I.12 1452.228-70 Liability Insurance -- Department of the Interior I-11
Project Title iv
I.13 1452.223-81 Safety and Health – Bureau of Reclamation I-12 I.14 WBR 1452.232-81 Payment for Mobilization and Preparatory Work --
Bureau of Reclamation I-12
I.15 WBR 1452.236-84 Preservation of Cultural Resources – Bureau of Reclamation
I-14
I.16 WBR 1452.237-80 Security Requirements--Bureau of Reclamation I-15 I.17 WBR 1452.243-80 Modification Proposals--Bureau of Reclamation I-22
PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J - List of Attachments J-1 J.1 Applicability of Document J-1 J.2 List of Contract Documents J-1
PART IV-REPRESENTATIONS AND INSTRUCTIONS
(This part will be removed after award.)
SECTION K - Representations, Certifications and Other Statements of Offerors K-1
K.1 Solicitation Provisions Incorporated by Reference K-1 K.2 52.204-8 Annual Representations and Certifications (Deviation) K-2 K.3 52.204-24 Representation Regarding Certain Telecommunications and
Video Surveillance Services or Equipment K-5
K.4 52.209-7 Information Regarding Responsibility Matters K-7 K.5 52.209-13 Violation of Arms Control Treaties or Agreements-Certification K-8
SECTION L - Instructions, Conditions and Notices to Offerors L-1
L.1 Solicitation Provisions Incorporated by Reference L-1 L.2 52.211-3 Availability of Specifications Not Listed in The GSA Index of
Federal Specifications, Standards and Commercial Item Descriptions L-1
L.3 52.216-1 Type of Contract L-4 L.4 52.222-5 Construction Wage Rate Requirements—Secondary Site of the
Work L-4
L.5 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction
L-4
L.6 52.225-12 Alt II Notice of Buy American Act Requirement-Construction Materials Under Trade Agreements
L-5
L.7 52.228-1 Bid Guarantee L-6 L.8 52.236-27 Alt I Site Visit (Construction) - Alternate I
(Feb 1995) L-7
L.9 52.252-5 Authorized Deviations in Provisions L-7 L.10 1452.215-70 Examination of Records by the Department of the Interior L-7 L.11 1452.233-2 Service of Protest Department of The Interior (Jul 1996)
(Deviation) L-7
L.12 1452.215-71 Use and Disclosure of Proposal Information-Department of the Interior
L-8
L.13 1452.215-81 Proposal Instructions -- Bureau of Reclamation L-9 L.14 1452.215-86 Intent to Incorporate Technical Proposal – Bureau of
Reclamation L-15
L.15 1452.236-85 Instruction for Mobilization and Preparatory Work Schedule Line Item --Bureau of Reclamation
L-15
Project Title iii
SECTION M - Evaluation Factors for Award M-1
M.1 WBR 1452.215-80 Source Selection Evaluation Procedures—Bureau of Reclamation
M-1
M.2 WBR 1452.215-84 Evaluation Factors for Award -- Quality and Cost/Price Approximately Equal -- Bureau of Reclamation
M-1
Project Title
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Section A – Solicitation/Contract Form
Solicitation No.
140R3026R0001
Project Title
Page A-1
Section A
Award (Construction, Alteration or Repair) SF-1442
Project Title
Award (Construction, Alteration or Repair) SF-1442
Continuation of Section B – Supplies or Services and Prices/Costs
Solicitation No.
140R3026R0001
Project Title
Page B-1
CONTINUATION OF SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 THE REQUIREMENTS
(a) The Contractor shall furnish the items identified in this Section, in accordance with the terms, conditions, and specifications contained in the contract.
(b) The quantities stated in the Contract Price Schedule are estimated quantities for comparison of offers only. Except as provided in the contract clause FAR 52.211-18, Variation in Estimated Quantity, no claim shall be made against the Government for overruns or underruns. The contract clause FAR 52.211-18, Variation in Estimated Quantity does not apply to lump sum items.
(c) Offers will be considered for award in the following Price Schedule, but no offer will be considered for award on only part of the Price Schedule.
(d) Failure to complete Price Schedule will result in an incomplete offer that will not be considered.
(e) Offerors are cautioned to carefully review the proposal submission requirements contained in Section L. Failure to comply with these requirements may result in an offer being determined technically unacceptable.
(f) The contract will be awarded to the offeror as detailed in Sections L and M.
(g) Definitions:
(1) CLIN: Contract Line-Item Number
(2) LS: Lump Sum
(3) Cy: Cubic Yards
(4) SF: Square Feet
(5) LF: Linear Feet
(h) IMPORTANT NOTE: The requirement for submission of performance and payment bonds is applicable for construction services in excess of $150,000.00. A bid guarantee will be required.
Section B – Supplies or Services and Prices
Solicitation No.
140R3026R0001
Project Title
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B.2 PRICE SCHEDULE
TABLE 1 – REQUIRED SUPPLIES/SERVICES
Item No. Service Estimated
Quantity Unit Unit Price Total Cost
1001 Bonds and Insurance 1 Lump Sum
1002 Preparatory Work 1 Lump Sum
1003 Mobilization and Demobilization 1 Lump Sum
Provide all plans, labor, equipment, and materials necessary for Traffic Control.
1 Lump Sum
Remove, haul, and dispose of existing check structure’s concrete and mechanical components.
200 Ton
Saw cut, remove, and dispose of exiting damaged areas of canal panel to be replaced with new 3 ½” concrete.
7,508 SF
Furnish, place, and compact, backfill material for the placement of new concrete canal panel lining or repairs.
542 Ton
Furnish and place new 3-½” thick concrete panels for lining within canal prism.
8,824 SF
Furnish and install required concrete groove joints.
413 LF
Furnish and install required concrete Type 1 and Type 2 expansion joints.
2052 LF
Conduct testing for backfill material and new concrete for repairs and canal panel lining repairs.
1 Lump Sum
Furnish, operate, and remove cofferdams and water pumps.
2 Each
(Optional)
Dewatering at check structure repair area, if necessary.
1 Lump Sum
(Optional)
Furnish and place erosion control slurry fill, if necessary.
10 CY
Total Price for Table 1 $
Section C – Description/Specifications/ Statement of Work
Solicitation No.
140R3026R0001
Project Title MOD/MODE/US Bypass Canal Repairs
Page C-1
SECTION C – DESCRIPTION/SPECIFICATIONS/ STATEMENT OF WORK
C.1 SPECIFICATIONS
The Contractor shall furnish the necessary personnel, materials, equipment, services, and facilities (except as otherwise specified) to perform the requirement specified in the Scope of Work contained in Attachments 1 of this RFP.
Section C – Description/Specifications/ Statement of Work
Solicitation No.
140R3026R0001
Project Title MOD/MODE/US Bypass Canal Repairs
Page C-2
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Section D – Packaging and Marking
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SECTION D – PACKAGING AND MARKING
(There is no additional information in this section)
Section D – Packaging and Marking
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Section E – Inspection and Acceptance
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SECTION E – INSPECTION AND ACCEPTANCE
E.1 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 the following address:
Federal Acquisition Regulations (FAR) clauses: https://www.acquisition.gov/browse/index/far
The following clauses are hereby incorporated by reference:
Clause Title Date 52.246-12 Inspection of Construction AUG 1996
Section E – Inspection and Acceptance
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Section F – Deliveries or Performance
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SECTION F – DELIVERIES OR PERFORMANCE
F.1 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 the following address:
52.242-14 Suspension of Work APR 1984
F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND
COMPLETION OF WORK
APR 1984
The Contractor shall be required to (a) commence work under this contract within 14 calendar days after the date the Contractor receives the Notice to Proceed (NTP), (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 calendar days. The time stated for completion shall include final cleanup of the premises.
(End of Clause)
Section F – Deliveries or Performance
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Section G – Contract Administration Data
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Project Title
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SECTION G – CONTRACT ADMINSTRATION DATA
G.1 WBR 1452.201-70 AUTHORITIES AND DELEGATIONS –
DEPARTMENT OF THE INTERIOR
SEP 2011
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;
(2) Waive or agree to modification of the delivery schedule;
(3) Make any final decision on any contract matter subject to the Disputes Clause;
(4) Terminate, for any reason, the Contractor's right to proceed;
(5) Obligate in any way, the payment of money by the Government.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority.
The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.
(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.
G.2 DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT
REQUIREMENTS – INTERNET PAYMENT
PLATFORM (IPP)
FEB 2021
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov. However, the contractor must submit an electronic copy of the
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IPP invoice along with the following: copies of certified payroll, subcontractor/supplier payment summary; and any additional documentation to substantiate each progress payment request and as required by the Contracting Officer’s Representative or Contracting Office. Documents must be emailed to the to the Contract Specialist at habellon@usbr.gov for approval before the invoice is submitted into
IPP.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
NONE
Prior to submitting an invoice to IPP, the contractor is strongly encouraged to coordinate with the designated Contracting Officer's Representative (COR), for review and verification of any measured quantities for payment and for compliance with the applicable progress payment requirements of this contract. Prior coordination with the COR will allow for streamlined processing of the invoice.
Concurrent to submitting an invoice in IPP, the contractor shall submit supporting documentation to the contract specialist at habellon@usbr.gov. Contractors are cautioned that supporting documentation e-mailed to the contracting specialist must not conflict with the IPP submission. Conflicts between the IPP submission and supporting documentation may result in a delay in approval and/or rejection of submitted invoices.
When e-mailing supporting documentation to the contracting officer, the subject line of the email shall be formatted as follows: Contract Number, Invoice Number, Contracting Officer's last name (e.g., 140R2018R00000_Invoice No. 1_Smith). The invoice shall be attached to the email and named using the following format: Contract Number, Contractor Name, Invoice Number, Invoice Amount (e.g., 140R2022R00000_World Test, Inc. - Inv. No. 1 - $5,678).
Invoices shall not include information that would compromise Personally Identifiable Information, such as full social security numbers, dates of birth, etc. The final invoice shall be submitted and will be approved in accordance with payment terms and conditions contained in the contract, after all, if any, settlement actions are complete. The contractor must clearly identify the last payment as the ‘Final Invoice’.
Support documents must include, but are not limited to, the following documents:
Construction Invoice Monthly Certificate of Labor Conformance Subcontractor / Supplier Payment Summary
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone
(866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
(End of Local Clause)
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G.3 WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE
AUTHORITIES AND LIMITATIONS - BUREAU OF
RECLAMATION
MAY 2018
a) Performance of the work under this contract shall be subject to the technical direction of the Reclamation Contracting Officer's Representative (COR). The term “technical direction” is defined to include, without limitation:
(1) Inspecting and accepting or rejecting work performed under the contract.
(2) Representing the Government in technical phases of the work. The COR is responsible for the technical administration of the contract and will provide instructions and interpretations to the Contractor on all technical matters relating to the contract. The COR will supervise or oversee all Government technical and administrative personnel assigned to assist the COR.
(3) Reviewing and, where required by the contract, approving submittals of technical data, shop drawings, samples, literature, plans, or other data required to be delivered by the Contractor to the Government.
(b) The Contractor will receive a copy of the written COR designation from the Contracting Officer. It will specify the extent of the COR's authority to act on behalf of the Contracting Officer.
(c) Technical direction must be within the scope of work stated in the contract. Only the Contracting Officer is authorized to determine if a change is within the scope of the contract; therefore, the COR does not have the authority to, and may not, issue any technical direction that -
(1) Constitutes a direction of additional work outside the Contract requirements;
(2) Constitutes a change as defined in the contract clause entitled “Changes;”
(3) In any manner causes an increase or decrease in the total contract cost, or the time required for contract performance;
(4) Changes any of the expressed terms, conditions or specifications of the contract; or
(5) Interferes with the Contractor's right to perform the terms and conditions of the contract.
(d) All technical direction shall be issued in writing by the COR.
(e) The Contractor must proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within its authority under the provisions of this clause.
If, in the opinion of the Contractor, any instruction or direction by the COR falls within one of the categories defined in (c)(1) through (c)(5) of this clause, the Contractor must not proceed and must notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and must request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer must -
(1) Advise the Contractor in writing after receipt of the Contractor's letter that the technical direction is within the scope of the contract effort and does not constitute a change under the Changes clause of the contract; or
(2) Advise the Contractor that the Government will issue a written change order.
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(f) A failure of the Contractor and Contracting Officer either to agree that the technical direction is within the scope of the contract or to agree upon the contract action to be taken with respect to the technical direction will be subject to the provisions of the clause entitled “Disputes.”
Section H – Special Contract Requirements
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Project Title
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SECTION H – SPECIAL CONTRACT REQUIREMENTS
H.1 DOI-AAAP-0050 CONTRACTOR PERFORMANCE ASSESSMENT
REPORTING SYSTEM
DEC 2015
1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts.
The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.
2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.
3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.
4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.
5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.
a) Contractor Representatives may then provide comments in response to the evaluation or return the evaluation without comment.
b) Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.
c) All information provided should be reviewed for accuracy prior to submission.
d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.
e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.
f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."
6) The following guidelines apply concerning your use of the past performance evaluation:
Section H – Special
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a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.
b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.
c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.
7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.
8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.
(End of Local Clause)
H.2 WBR 1452.242-80 POSTAWARD CONFERENCE -- BUREAU OF
MAR 2022
(a) Prior to the contractor starting work, a post award conference (as described in FAR Subpart 42.5), will be convened by the contracting activity or contract administration office. The contractor's project manager shall attend the conference. If the contract involves subcontractors, a representative of each major subcontractor is also required to attend.
(b) The conference will be held virtually via Microsoft Teams.
(c) The contracting officer and the contractor will agree to the date and time of the conference after award of the contract. In event of a conflict in schedules, the contracting officer shall establish the date for the conference.
(d) The contractor shall not be entitled to the reimbursement of any costs associated with attendance at the conference beyond the agreed-to contract price.
Section I – Contract Clauses
Solicitation No.
140R3026R0001
Project Title
Page I-1
SECTION I – CONTRACT CLAUSES
I.1 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 the following address:
52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions on Subcontractor Sales to the Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper
Activity
MAY 2014
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020 52.203-16 Preventing Personal Conflicts of Interest JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform
Employees of Whistleblower Rights
NOV 2023
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUN 2020 52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.204-23 Prohibition on Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab and Other Covered Entities
DEC 2023
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment
NOV 2021
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
OCT 2018
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 52.215-2 Audit and Records--Negotiation JUN 2020 52.215-8 Order of Precedence-Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--
Modifications
JUN 2020
52.215-12 Subcontractor Certified Cost or Pricing Data JUN 2020
Section I – Special
Solicitation No.
140R3026R0001
Project Title
Page I-2
52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications JUN 2020 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and data Other Than
Certified Cost or Pricing Data-Modifications
NOV 2021
52.219-3 Notice of HUBZone Set-Aside or Sole Source Award OCT 2022 52.219-6 Notice of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns FEB 2024 52.219-9 Alt II Small Business Subcontracting Plan NOV 2016 52.219-14 Limitations on Subcontracting OCT 2022 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation MAY 2018 52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 52.222-9 Apprentices and Trainees 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 Requirements and Related
Regulations
MAY 2014
52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for Construction APR 2015 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC 2010 52.222-50 Combating Trafficking in Persons OCT 2025 52.222-54 Employment Eligibility Verification MAY 2022 52.222-55 Minimum Wages Under Executive Order 13658 JAN 2022 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.226-7 Drug-Free Workplace MAY 2024 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving MAY 2024 52.227-1 Authorization and Consent JUN 2020 52.228-2 Additional Bond Security OCT 1997 52.228-11 Individual Surety - Pledge of Assets FEB 2021 52.228-12 Prospective Subcontractor Request for Bonds DEC 2022 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds--Construction JUN 2020 52.229-1 State and Local Taxes APR 1984 52.229-3 Federal, State, And Local Taxes FEB 2013 52.232-5 Payments Under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-18 Availability of Funds APR 1984 52.232-23 Assignment of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer - System for Award Management OCT 2018
Solicitation No.
140R3026R0001
Project Title
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52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023 52.233-1 Alt I Disputes (May 2014) - Alternate I (Dec 1991) MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-4 Physical Data APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and
Improvements
APR 1984
52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Quantity Surveys APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.240-1 Prohibition on Unmanned Aircraft Systems or Assembled by American
Security Drone Act-Covered Foreign Entities
NOV 2024
52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Products and Commercial Services OCT 2025 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering--Construction OCT 2025 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price)
(Apr 2012) - Alternate I (Sep 1996)
APR 2012
52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991
I.2 52.203-14 DISPLAY OF HOTLINE POSTER(S) NOV 2021
(a) Definition.
United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.
(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)—
(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites—
(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and
(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.
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Project Title
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(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.
(3) Any required posters may be obtained as follows:
U.S Department of the Interior Office of Inspector General Downloadable hotline posters are available at Hotline Poster for print (doioig.gov)
(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.
(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold specified in Federal Acquisition Regulation 3.1004(b)(1) on the date of subcontract award, except when the subcontract—
(1) Is for the acquisition of a commercial product or commercial service; or
(2) Is performed entirely outside the United States.
(End of clause)
I.3 52.219-14 LIMITATIONS ON SUBCONTRACTING DEVIATION
(OCT 2022)
OCT 2022
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that
(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and
(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.
(c) Applicability. This clause applies only to—
(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;
(4) Orders expected to exceed the simplified acquisition threshold and that are—
(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or
(ii) Issued directly to small business concerns under multiple-award contracts as described in
19.504(c)(1)(ii);
(5) Orders, regardless of dollar value, that are—
(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or
(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and
(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.
(d) Independent contractors. An independent contractor shall be considered a subcontractor.
Solicitation No.
140R3026R0001
Project Title
Page I-5
(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees to the following requirements in the performance of a contract assigned a North American Industry Classification System (NAICS) code applicable to this contract:
(1) Services (except construction). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities.
Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.
(i) The following services may be excluded from the 50 percent limitation:
(A) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code (562910), cloud computing services, or mass media purchases.
(B) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.
(2) Supplies (other than procurement from a nonmanufacturer of such supplies). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.
(3) General construction. It will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded.
(4) Construction by special trade contractors. It will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.
(f) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause – _X_ By the end of the base term of the contract and then by the end of each subsequent option period; or __ By the end of the performance period for each order issued under the contract.
(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.
(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.
(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.
Solicitation No.
140R3026R0001
Project Title
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I.4 52.222-35 EQUAL OPPORTUNITY FOR VETERANS JUN 2020
(a) Definitions. As used in this clause--
“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,’ and “recently separated veteran” have the meanings given at FAR 22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
(c)Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
I.5 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH
DISABILITIES
JUN 2020
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b)Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
I.6 52.225-9 BUY AMERICAN ACT-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.
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140R3026R0001
Project Title
Page I-7
"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…
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