1333ND25QNB190211 NOAA Anderson Ditch NIST Boulder CO.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

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

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

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

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

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

See Attached

STANDARD FORM 1442 (REV. )

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE31b. UNITED STATES OF AMERICA

BY

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

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

30b. SIGNATURE 30c. DATE

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

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( )

20b. SIGNATURE 20c. OFFER DATE

STANDARD FORM 1442 (REV. ) BACK

Attachment Page

PAGE 3 OF 112 1333ND25QNB190211

SF 1442 BLOCK 10 (CONTINUED)

Project: NOAA Anderson Ditch Improvements

Enter Price(s) in Section B.

This acquisition is 100% Small Business Set-Aside.

The NAICS for this acquisition is 237990; the Small Business Size Standard is $45.0 Million.

In accordance with FAR 36.204 Disclosure of the magnitude of construction projects. The magnitude of this project is FAR 26.204 (d) “Between $250,000 and $500,000.

Verbal explanations given before award WILL NOT BE BINDING. Any changes will be made in writing by issuing amendment(s).

Offeror(s) shall acknowledge receipt of amendment(s) in block 19 of the SF 1442 or by returning a signed copy of the amendment(s) with their offer.

Notice to Proceed will not be issued until the contractor's Site-Specific Safety Plan has been accepted.

Any award resulting from this solicitation will be subject to the City of Boulder Sales/Use Tax. No exemption certificate issued by the Colorado Department of Revenue or any other taxing authority shall be recognized as a basis for exemption from the City of Boulder Sales/Use Tax.

Attachment Page

PAGE 4 OF 112 1333ND25QNB190211

General Award Information

1. Contract Type: Firm-Fixed-Price (FFP)

2. Contractor’s Point of Contact:

Name: _________________________ Phone: _________________________ Email: _________________________

3. Designated Government Official:

__XX___ Contracting Officer _______ Contracting Officer’s Representative (COR)

Name: TO BE COMPLETED AT AWARD Email: TO BE COMPLETED AT AWARD Phone: TO BE COMPLETED AT AWARD

_______ Other: Alternate Contracting Officer’s Representative (ACOR) Name: TO BE COMPLETED AT AWARD Email: TO BE COMPLETED AT AWARD Phone: TO BE COMPLETED AT AWARD

4. The contractor shall submit invoices to invoice@nist.gov.

5. Additional Information:

Invoices shall be approved by Contracting Officer for payment.

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 NOAA Anderson Ditch Easement Maintenance Phase

1. Performed in accordance with attached statement of work.

1.00 EA

OPT

0002 Option One (1): NOAA Anderson Ditch Maintenance

Phase 2. Performed in accordance with attached statement of work.

Period of Performance: 07/24/2025 to 02/12/2026

1.00 EA

PAGE 5 OF 112 1333ND25QNB190211

Table of Contents

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 SOW

SECTION E INSPECTION AND ACCEPTANCE

E.1 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

SECTION G CONTRACT ADMINISTRATION DATA

G.1 1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010)

G.2 1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

H.2 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

H.3 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE- FIXED PRICE (APR 2010)

H.4 1352.228-70 INSURANCE COVERAGE (APR 2010)

SECTION I CONTRACT CLAUSES

I.1 52.236-4 Physical Data

I.2 52.202-1DEFINITIONS (JUN 2020)

I.3 52.203-3 GRATUITIES (APR 1984)

I.4 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

I.5 52.203-6RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

I.6 52.203-7ANTI-KICKBACK PROCEDURES (JUN 2020)

I.7 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY

2014)

I.8 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

I.9 52.203-12LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020)

I.10 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

(JAN 2017)

I.11 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

I.12 52.204-10REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020)

I.13 52.204-13SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

I.14 52.204-18COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

I.15 52.204-19INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

I.16 52.204-21BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

I.17 52.204-23PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED

BY KASPERSKY LAB COVERED ENTITIES (DEC 2023)

I.18 52.204-25PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (NOV 2021)

I.19 52.204-27PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUNE 2023)

I.20 52.209-6PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED (JAN 2025)

I.21 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)

I.22 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

I.23 52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

I.24 52.219-6NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

I.25 52.219-8UTILIZATION OF SMALL BUSINESS CONCERNS (JAN 2025)

I.26 52.219-28POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JAN 2025)

I.27 52.222-3 CONVICT LABOR (JUN 2003)

I.28 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS --OVERTIME COMPENSATION (MAY 2018)

I.29 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

PAGE 6 OF 112 1333ND25QNB190211

I.30 52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

I.31 52.222-8PAYROLLS AND BASIC RECORDS (JUL 2021)

I.32 52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

I.33 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

I.34 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

I.35 52.222-12 CONTRACT TERMINATION--DEBARMENT (MAY 2014)

I.36 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY

2014)

I.37 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

I.38 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2104)

I.39 52.222-32 CONSTRUCTION WAGE RATE REQUIREMENTS--PRICE ADJUSTMENT (ACTUAL METHOD) (AUG 2018)..24

I.40 52.222-35EQUAL OPPORTUNITY FOR VETERANS. (JUN 2020)

I.41 52.222-36EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

I.42 52.222-37EMPLOYMENT REPORTS ON VETERANS (JUN 2020)

I.43 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010). 25

I.44 52.222-41 SERVICE CONTRACT LABOR STANDARDS (AUG 2018)

I.45 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

I.46 52.222-50COMBATING TRAFFICKING IN PERSONS (NOV 2021)

I.47 52.222-54EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2025)

I.48 52.222-55MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026. (JAN 2022)

I.49 52.222-62PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022)

I.50 52.223-2REPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (MAY 2024)..25

I.51 52.223-5POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2024)

I.52 52.223-13{52.223-13} [RESERVED]

I.53 52.225-9BUY AMERICAN--CONSTRUCTION MATERIALS (OCT 2022)

I.54 52.226-7DRUG-FREE WORKPLACE (MAY 2024)

I.55 52.226-8ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (MAY 2024)

I.56 52.227-1AUTHORIZATION AND CONSENT (JUN 2020)

I.57 52.227-2NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JUN 2020)

I.58 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

I.59 52.228-15PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (JUN 2020)

I.60 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

I.61 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

I.62 52.232-16PROGRESS PAYMENTS (NOV 2021)

I.63 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

I.64 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

I.65 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

I.66 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

I.67 52.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023)

I.68 52.233-1 DISPUTES (MAY 2014)

I.69 52.233-3 PROTEST AFTER AWARD (AUG 1996)

I.70 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I.71 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

I.72 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

I.73 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

I.74 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

I.75 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

I.76 52.236-8 OTHER CONTRACTS (APR 1984)

I.77 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS

(APR 1984)

I.78 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

PAGE 7 OF 112 1333ND25QNB190211

I.79 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

I.80 52.236-12 CLEANING UP (APR 1984)

I.81 52.236-13 ACCIDENT PREVENTION (NOV 1991)

I.82 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

I.83 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

I.84 52.236-17 LAYOUT OF WORK (APR 1984)

I.85 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

I.86 52.240-1PROHIBITION ON UNMANNED AIRCRAFT SYSTEMS MANUFACTURED OR ASSEMBLED BY AMERICAN SECURITY

DRONE ACT--COVERED FOREIGN ENTITIES (NOV 2024)

I.87 52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN 2017)

I.88 52.242-13 BANKRUPTCY (JUL 1995)

I.89 52.242-14 SUSPENSION OF WORK (APR 1984)

I.90 52.243-4 CHANGES (JUN 2007)

I.91 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

I.92 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012)

I.93 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

I.94 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

I.95 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

I.96 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.97 52.252-6AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

I.98 NIST LOCAL-53CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING STATUS

I.99 NIST LOCAL-54ELECTRONIC BILLING INSTRUCTIONS

I.100 NIST LOCAL-56INVOICING PROCESSING PLATFORM-ALTERNATE I (DEC 2022)

SECTION J LIST OF ATTACHMENTS

J.1 01 NIST Boulder General Requirements

J.2 02 Pictures Attachments

J.3 03 Safety Plan Checklist Attachment

J.4 04 JHA Attachment

J.5 05 NIST Release of Claims Attachment

J.6 PPQ - Past Performance Questionnaire

J.7 Service Wage Determination

J.8 Construction Wage Determination

SECTION K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.204-8ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2025)

K.2 52.204-24REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

K.3 52.209-13VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS--CERTIFICATION (NOV 2021)

K.4 52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 Instructions to Offerors

L.2 52.204-7SYSTEM FOR AWARD MANAGEMENT (NOV 2024)

L.3 52.204-16COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

L.4 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

L.5 52.215-20REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST

OR PRICING DATA (NOV 2021)

L.6 52.222-5 Construction Wage Rate Requirements Secondary Site of the Work (May 2014)

L.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.8 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

PAGE 8 OF 112 1333ND25QNB190211

L.9 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

L.10 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

L.11 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.12 52.252-5AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

L.13 1352.233-70 AGENCY PROTESTS (APR 2010)

L.14 1352.270-71 PRE-BID / PRE-PROPOSAL CONFERENCE AND SITE VISIT (APR 2010)

SECTION M EVALUATION FACTORS FOR AWARD

M.1 Basis for Award

M.2 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

PAGE 9 OF 112 1333ND25QNB190211

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 SOW

PAGE 10 OF 112 1333ND25QNB190211

STATEMENT OF WORK for:

NOAA Anderson Ditch Project

NATIONAL INSTITUTE OF STANDARDS & TECHNOLOGY

United States Department of Commerce

325 Broadway

Boulder, CO 80305 March 12, 2025

I. BACKGROUND INFORMATION

The NOAA Anderson Ditch Project is managed by the Facilities Maintenance Division, which oversees upgrades and maintenance to ensure agency facilities remain functional and meet current standards. This requirement arose due to lack of ditch maintenance and foliage mitigation that no longer meets the NIST agreement with the Anderson Ditch Company. The acquisition aims to remove trees, vegetation, sediment, and reconfigure the ditch per the NIST/Anderson Ditch agreement.

II. PURPOSE

The purpose of this procurement is to modify and configure the easement and ditch system on the NIST Boulder Campus to meet the water carrying capacity of 25 C.F.S., as specified in the Anderson Ditch Company agreement. The procurement will involve labor, materials, and equipment necessary to clear vegetation, trees, sediment, and restructure the ditch system and ensure it meets the specified water flow capacity.

PLACE OF PERFORMANCE

Work will be performed in the Anderson Ditch behind the NOAA Skaggs Building on the NIST Boulder Campus

Regular Business Hours Regular business hours are Monday through Friday, 0600 to 1800 Mountain Time, excluding Federal holidays and NIST closures.

PERIOD OF PERFORMANCE

All work shall be completed six months from the date of award

III. SPECIFIC REQUIREMENTS

TASKS

• Pre-proposal site visit highly recommended

• Post award construction meeting required

• Contractor shall confirm all locations, conditions, and dimensions in the field, confirm with COR

• Weekly progress meeting on site once construction commences

Task 1 – Base Contract: NOAA Anderson Ditch Easement Maintenance Phase 1

1.1. Contractor shall ensure that the Anderson Ditch easement be a minimum of 12’ from the top edge of each bank.

1.2 Contractor shall locate and mark all utilities before work commences.

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1.3 Contractor shall remove trees, shrubs, or other vegetation which may impede 12’ minimum easement access to the ditch for operations, inspections, maintenance, and repairs; dispose off site

1.4 Contractor shall grind tree stumps; all wood chips shall be cleaned and removed for fire mitigation purposes; dispose off-site.

1.5 Contractor shall provide landscaping finish with grass seed and erosion blankets.

1.6 Contractor shall relocate boulders within the easement. After removal, dirt shall be filled in and leveled to prevent a depression. COR shall provide the new location for all relocated boulders.

1.7 Contractor shall relocate picnic tables from circular memorial within the easement on the NE of ditch. COR shall provide the new location for picnic tables.

1.8 Contractor shall remove and relocate rock memorial structure. COR shall provide the new location for the rock memorial.

1.9 Contractor shall investigate building drainage to the ditch. Contractor shall determine if rip rap or concrete drainage channel will be needed. Drainage ditch must be able to support weight of heavy equipment; submit drain pan specs to the COR (if applicable).

1.10 Contractor shall haul concrete, trees, shrubs, or other vegetation off site for proper disposal.

1.11 Contractor will be working near a high pedestrian traffic area while conducting work;

contractor shall submit a through plan for redirecting traffic, traffic barrier, and signage to be used while working near pedestrian walkways to the COR for approval.

1.12 Contractor shall prevent the impediment of ditch water flow while preforming work. Gates on the south end of the ditch shall be cleared during and after work

Task 2 – Option 1: NOAA Anderson Ditch Maintenance Phase 2 (see attached photos)

2.1 Contractor shall remove any growth in the floor, banks, and berm of the ditch to include trees, tree stumps, tree roots, overhanging tree branches, boulders, weeds, brush, shrubs, or other vegetation which may impede water carrying capacity of 25 cubic feet per second (C.F.S).

2.2 Contractor shall remove tree stumps in the bank or ditch, fill in with clay, and reform the bank with a 1:1 slope; dispose of off-site.

2.3 Contractor shall locate and mark all utilities before work commences.

2.4 Contractor shall remove trash, debris, boulders, gravel, and from ditch banks/floor to improve water carrying capacity.

2.5 Contractor shall dredge ditch floor to create 4’-5’ wide floor and the cross section should be level. No soil or material shall not be added/deposited unless NIST receives approval from the Anderson Ditch Company.

2.6 Contractor shall ensure ditch banks slope from the floor to the top of bank at no steeper than a 1:1 slope. No soil or material shall not be added/deposited unless NIST receives approval from the Anderson Ditch Company.

2.7 Contractor shall relocate boulders. After removal, dirt shall be filled in and leveled to prevent a depression. COR shall provide the new location for all relocated boulders.

2.8 Contractor shall reinforce the curves of the ditch for erosion control if necessary.

2.9 Remove concrete structure off the bank of ditch; dispose offsite.

2.10 Contractor shall ensure culvert is clear of debris and impediments.

2.11 Contractor shall not deviate from the ditch flow structure unless NIST receives approval from the Anderson Ditch Company

2.12 Contractor shall haul trees, boulders, weeds, brush, shrubs, or other vegetation off site for proper disposal.

PAGE 12 OF 112 1333ND25QNB190211

2.13 Contractor will be working near a high pedestrian traffic area while conducting work;

contractor shall submit a through plan for redirecting traffic, traffic barrier, and signage to be used while working near pedestrian walkways to the COR for approval.

2.13 Contractor shall prevent the impediment of ditch water flow while preforming work. Gates on the south end of the ditch shall be cleared during and after work.

Safety on the NIST Campus NIST is committed to maintaining a work environment that safeguards the public and the environment, as well as personnel and property.

If the award requires construction, demolition, excavation, renovation, or other work for which the contractor directs and oversees contractor personnel (including subcontractors) at NIST-owned and operated sites, the contractor shall:

Provide a detailed, site-specific Safety Plan to the contracting officer within 7 days after award that describes how the contractor will maintain a safe work environment and comply with applicable Occupational Safety and Health Administration (OSHA) standards, as well as with applicable state and local laws, standards, and codes.

The Safety Plan shall specify how the company’s policies and practices will comply with each of the applicable standards, laws, and codes.

The contracting officer will provide written comments regarding the plan to the contractor within seven (7) days of receipt and will require the contractor to submit a revised safety plan within seven (7) days after that to the contracting officer for their review. This cycle may be repeated, if necessary, until the contracting officer determines the safety plan to be acceptable.

Reference:

See NIST’s Contractor Safety Program for required elements of Contractor Safety Plans.

Safety-Related Equipment The Contractor shall:

Provide all safety-related equipment required to perform the work under this award, including personal protective equipment (PPE) and other equipment that is required or appropriate to protect contractor personnel and other personnel on the NIST campus.

Contractor-provided personal protective equipment shall include, at a minimum, hard hats, safety shoes, safety glasses (prescription or standard), respiratory protection (powered air purifying respirator or full-face mask respirator), high visibility clothing and gloves that meet applicable OSHA standards for PPE.

PAGE 13 OF 112 1333ND25QNB190211

Training The Contractor shall:

Provide safety-related training required by applicable OSHA, state and local regulations or standards to affected contractor personnel (including subcontractor personnel) that perform work under this award. Such training may include, for example, training for proper use of PPE, respirator use, fall protection, crane operation, forklift operation;

electrical safety, or other safety-related topics.

Maintain records of safety training provided to contractor personnel (including subcontractor personnel) that perform work on this award. The contractor shall make those records available to the contracting officer, contracting officer’s representative for the award, or other authorized personnel within 7 days of receipt of their written request, and annually thereafter or upon request.

Require contractor personnel (including subcontractors) to attend required NIST-specific health or safety training that is required by the award.

Health Hazard Assessments and Medical Evaluations The Contractor shall:

Provide required health hazard exposure assessments, medical evaluations and screenings, and exposure monitoring required by applicable OSHA requirements.

Ensure PII information is protected.

Homeland Security Presidential Directive (HSPD)-12

The Contractor (and/or any subcontractor) and its employees who require physical access to NIST facilities or logical access to NIST IT networks or systems must comply with Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors; OMB M-05-24; OMB M- 19-17; FIPS 201, Personal Identity Verification (PIV) of Federal Employees and Contractors; NIST HSPD-12 policy; and Executive Order 13467, Part 1 §1.2.

5. Roster

The Contractor (and/or any subcontractor) must submit a roster by name, position, e-mail address, phone number and responsibility, of all staff working under this acquisition where the Contractor will develop, have the ability to access, or host and/or maintain a government information system(s).

PAGE 14 OF 112 1333ND25QNB190211

The roster must be submitted to the COR and/or CO within 14 days of the effective date of this contract. Any revisions to the roster as a result of staffing changes must be submitted within 14 days of the change. The COR will notify the Contractor of the appropriate level of investigation required for each staff member. If the employee is filling a new position, the Contractor must provide a position description and the Government will determine the appropriate suitability level.

GENERAL REQUIREMENTS

Installation shall include, but is not limited to the following:

1. Provide all labor, furnish, and install materials, equipment and supplies in accordance with the SOW

2. Delivery Schedule: With initial proposal and prior to commencement of work the contractor must provide detailed project schedule in Microsoft Project to the COR for acceptance. Final schedule shall be agreed upon after NTP at post-award meeting. Final schedule to be cost loaded by activity.

3. Provide management and field supervision throughout the project duration.

4. Contractor must be familiar with the work required and local conditions affecting the work.

5. Ensure that the safety of the project is a top priority. Submit a site-specific safety plan with project quotation.

6. Ensure due diligence and timely delivery of the project.

7. Cooperate with NIST Police and Security regarding site security. Contractor is responsible for ensuring its personnel meet all site access requirements.

Provide a list of all anticipated employees at least two weeks in advance of their arrival. All employees must fill out specified background check forms for review by NIST Security before security badges will be issued. These forms will be typed.

8. Maintain a record set of all inspections, or other authorizations necessary for the work to proceed.

9. An “Impairment Permit” is required when project work produces: Smoke;

Sparks; Steam; Flames; Fumes; and/or Dust; or other particulates within the buildings when working around fire detection devices. The Contractor must pull a permit through the COR twenty-four (24) hours in advance of beginning associated work.

10. Notify the COR of the work progress and any required inspections forty-eight

(48) hours in advance of all inspections.

11. Upon substantial completion, notify the COR for the performance of a punch list inspection. Submit a written list of items requiring completion or correction accompanied by an anticipated schedule.

12. Contractor is responsible for determining order of work. Sequential work by room/hallway is envisioned in this SOW but is not required.

13. See COR for any conflicts associated with this SOW.

14. Contractor shall comply with the “General Instructions for Conducting Work at the NIST Boulder Campus” that is attached in the contract.

PAGE 15 OF 112 1333ND25QNB190211

REQUIREMENTS FOR CONTRACTOR PERSONNEL

Identify all qualifications that the Contractor and/or their personnel working on this contract must possess.

Safety: The Contractor employee must be responsible for knowing and complying with all installation safety prevention regulations. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal.

Security: NIST is a restricted campus. An identification badge is required for access for entry into buildings and is shown to the armed Security Police when entering the campus.

Identification Badges: Contractor employees must comply with NIST identification and access requirements. Each Contractor employee must wear a visible identification badge provided by the NIST Security Office.

V. SCHEDULE OF DELIVERABLES

Deliverable Number Description Format Due Date

Quantity

1 Final Schedule Microsoft Project

10 Days After Project Award

2 Site-Specific Safety Plan

PDF 10 Days After Project Award

3 VCT Tile Specifications

PDF 10 Days After Project Award

4 Pedestrian Traffic Safety Plan for Anderson Ditch

PDF 10 Days After Project Award

5 Concrete Drainage Pan Specs

PDF 10 Days After Project Award

6 Daily JHA PDF 10 Days After Project Award

Standards of Acceptance: The NIST POC or COR shall review all the above deliverables and respond with an acceptance or request for revision email to the Contractor Point of Contact (POC) within 14 days of receipt of deliverable. This section applies to deliverables which must be reviewed and approved for acceptances (e.g., draft plans, drawings, etc.)

PAGE 16 OF 112 1333ND25QNB190211

VI. PAYMENT SCHEDULE

The Contractor will be paid, in accordance with the payments clause in the contract and as otherwise noted in this document, upon receipt of a proper invoice.

1. 100% after installation and acceptance by the POC of fully installed system, AND

2. After the successful completion of the testing requirements set forth in this document under section set forth in this document, AND

3. After successful demonstration by the instrumentation that it performs in accordance with the requirements set forth in this document.

PAGE 17 OF 112 1333ND25QNB190211

SECTION E

INSPECTION AND ACCEPTANCE

E.1 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be:

NIST

325 Broadway Boulder, CO 80305-3326

(End of clause)

PAGE 18 OF 112 1333ND25QNB190211

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010) (Reference 1352.201-70)

G.2 1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)

(a) TO BE COMPLETED AT TIME OF AWARD is hereby designated as the Contracting Officer`s Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

TO BE COMPLETED AT TIME OF AWARD

TO BE COMPLETED AT TIME OF AWARD

TO BE COMPLETED AT TIME OF AWARD

Phone Number: TO BE COMPLETED AT TIME OF AWARD Email: TO BE COMPLETED AT TIME OF AWARD

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

PAGE 19 OF 112 1333ND25QNB190211

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

H.2 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

H.3 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE- FIXED PRICE (APR 2010) (Reference 1352.228-72)

H.4 1352.228-70 INSURANCE COVERAGE (APR 2010)

(a) Workers Compensation and Employer?s Liability. The contractor is required to comply with applicable federal and state workers'' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer?s liability section of the insurance policy, except when contract operations are so commingled with a contractor?s commercial operations that it would not be practical to require this coverage. Employer?s liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers'' compensation to be written by private carriers.

(b) General liability.

(1) The contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) When special circumstances apply in accordance with FAR 28.307-2(b), Property Damage Liability Insurance shall be required in the amount of $N/A .

(c) Automobile liability. The contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.

Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the Contractor shall provide, vessel collision liability and protection and indemnity liability insurance as determined by the Government.

PAGE 20 OF 112 1333ND25QNB190211

SECTION I

CONTRACT CLAUSES

I.1 52.236-4 Physical Data

PAGE 21 OF 112 1333ND25QNB190211

52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by N/A .

(b) Weather conditions: The following NOAA data is provided for the period of 1991 through 2020:

Temperature

Month Mean Maximum Temperature Normal(°F)

Mean Minimum Temperature Normal(°F)

Mean Average Temperature Normal(°F)

January 47.0 21.5 34.3 February 48.3 22.3 35.3 March 57.0 29.0 43.0 April 62.8 34.5 48.7 May 71.3 42.7 57.0 June 82.5 51.1 66.8 July 88.0 57.0 72.5 August 86.0 55.5 70.7 September 78.8 48.1 63.5 October 65.9 37.2 51.6 November 54.5 28.1 41.3 December 46.3 21.1 33.7 Annual 65.7 37.3 51.5

Precipitation

Month Total Precipitation Normal (inches) January 0.83 February 0.99 March 1.99 April 3.05 May 3.21 June 1.95 July 1.83 August 1.68 September 2.09 October 1.62 November 1.18 December 0.81 Annual 21.23

Snow

Month Total Snowfall Normal (inches) July 0.0 August 0.0 September 1.0 October 7.0 November 13.1 December 13.0 January 11.3 February 15.0 March 15.7 April 14.7 May 2.0 June 0.0 Annual 92.8

PAGE 22 OF 112 1333ND25QNB190211

(c) Transportation facilities N/A .

(d) Computing weather impacts (rain or snow) shall be determined by the average for the period of time using the U.S. Weather Service (NOAA) records provided above.

(1) Government caused weather delays shall be defined as a day or a part of a day when the NIST Boulder site is officially closed to Government/Contractor employees. These delays, up to four (4) per 365 day period, are non-compensable; only time will be extended.

(2) Other weather delays impacting contractor outside operations shall be determined by comparing actual conditions to the information provided above for the period on question.

(3) Contractors shall account for typical weather conditions and the information provided herein when formulating the period of performance.

I.2 52.202-1 DEFINITIONS (JUN 2020)

(Reference 52.202-1)

I.3 52.203-3 GRATUITIES (APR 1984)

(Reference 52.203-3)

I.4 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

(Reference 52.203-5)

I.5 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

(Reference 52.203-6)

I.6 52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

(Reference 52.203-7)

I.7 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) (Reference 52.203-8)

I.8 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) (Reference 52.203-10)

I.9 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020) (Reference 52.203-12)

I.10 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

(JAN 2017)

(Reference 52.203-19)

I.11 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(Reference 52.204-9)

I.12 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020) (Reference 52.204-10)

I.13 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(Reference 52.204-13)

I.14 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

(Reference 52.204-18)

I.15 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) (Reference 52.204-19)

I.16 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021) (Reference 52.204-21)

I.17 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED

BY KASPERSKY LAB COVERED ENTITIES (DEC 2023)

(Reference 52.204-23)

I.18 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (NOV 2021)

(Reference 52.204-25)

I.19 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUNE 2023)

(Reference 52.204-27)

I.20 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED (JAN 2025)

PAGE 23 OF 112 1333ND25QNB190211

(Reference 52.209-6)

I.21 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015) (Reference 52.209-10)

I.22 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

(Reference 52.215-8)

I.23 52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989) (Reference 52.217-7)

I.24 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

(Reference 52.219-6)

I.25 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (JAN 2025)

(Reference 52.219-8)

I.26 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JAN 2025)

(Reference 52.219-28)

I.27 52.222-3 CONVICT LABOR (JUN 2003)

(Reference 52.222-3)

I.28 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS --OVERTIME COMPENSATION (MAY 2018) (Reference 52.222-4)

I.29 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

(Reference 52.222-6)

I.30 52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

(Reference 52.222-7)

I.31 52.222-8 PAYROLLS AND BASIC RECORDS (JUL 2021)

(Reference 52.222-8)

I.32 52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

(Reference 52.222-9)

I.33 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

(Reference 52.222-10)

I.34 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

(Reference 52.222-11)

I.35 52.222-12 CONTRACT TERMINATION--DEBARMENT (MAY 2014)

(Reference 52.222-12)

I.36 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY 2014) (Reference 52.222-13)

I.37 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

(Reference 52.222-14)

I.38 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2104)

(Reference 52.222-15)

I.39 52.222-32 CONSTRUCTION WAGE RATE REQUIREMENTS--PRICE ADJUSTMENT (ACTUAL METHOD) (AUG 2018) (Reference 52.222-32)

I.40 52.222-35 EQUAL OPPORTUNITY FOR VETERANS. (JUN 2020)

PAGE 24 OF 112 1333ND25QNB190211

(Reference 52.222-35)

I.41 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

(Reference 52.222-36)

I.42 52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020)

(Reference 52.222-37)

I.43 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) (Reference 52.222-40)

I.44 52.222-41 SERVICE CONTRACT LABOR STANDARDS (AUG 2018)

(Reference 52.222-41)

I.45 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

(Reference 52.222-42)

I.46 52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

(Reference 52.222-50)

I.47 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2025)

(Reference 52.222-54)

I.48 52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026. (JAN 2022) (Reference 52.222-55)

I.49 52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022)

(Reference 52.222-62)

I.50 52.223-2 REPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (MAY 2024) (Reference 52.223-2)

I.51 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2024)

(Reference 52.223-5)

I.52 52.223-13 {52.223-13} [RESERVED]

(Reference 52.223-13)

I.53 52.225-9 BUY AMERICAN--CONSTRUCTION MATERIALS (OCT 2022)

(Reference 52.225-9)

I.54 52.226-7 DRUG-FREE WORKPLACE (MAY 2024)

(Reference 52.226-7)

I.55 52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (MAY 2024) (Reference 52.226-8)

I.56 52.227-1 AUTHORIZATION AND CONSENT (JUN 2020)

(Reference 52.227-1)

I.57 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JUN 2020) (Reference 52.227-2)

I.58 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(Reference 52.228-5)

I.59 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (JUN 2020)

(Reference 52.228-15)

I.60 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

(Reference 52.229-3)

PAGE 25 OF 112 1333ND25QNB190211

I.61 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

(Reference 52.232-5)

I.62 52.232-16 PROGRESS PAYMENTS (NOV 2021)

(Reference 52.232-16)

I.63 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

(Reference 52.232-23)

I.64 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

(Reference 52.232-27)

I.65 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT (OCT 2018) (Reference 52.232-33)

I.66 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

(Reference 52.232-39)

I.67 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) (Reference 52.232-40)

I.68 52.233-1 DISPUTES (MAY 2014)

(Reference 52.233-1)

I.69 52.233-3 PROTEST AFTER AWARD (AUG 1996)

(Reference 52.233-3)

I.70 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

(Reference 52.233-4)

I.71 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

(Reference 52.236-2)

I.72 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

(Reference 52.236-3)

I.73 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

(Reference 52.236-5)

I.74 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

(Reference 52.236-6)

I.75 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

(Reference 52.236-7)

I.76 52.236-8 OTHER CONTRACTS (APR 1984)

(Reference 52.236-8)

I.77 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS

(APR 1984)

(Reference 52.236-9)

I.78 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

(Reference 52.236-10)

I.79 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

(Reference 52.236-11)

I.80 52.236-12 CLEANING UP (APR 1984)

(Reference 52.236-12)

PAGE 26 OF 112 1333ND25QNB190211

I.81 52.236-13 ACCIDENT PREVENTION (NOV 1991)

(Reference 52.236-13)

I.82 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

(Reference 52.236-14)

I.83 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

(Reference 52.236-15)

I.84 52.236-17 LAYOUT OF WORK (APR 1984)

(Reference 52.236-17)

I.85 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

(Reference 52.236-26)

I.86 52.240-1 PROHIBITION ON UNMANNED AIRCRAFT SYSTEMS MANUFACTURED OR ASSEMBLED BY AMERICAN SECURITY

DRONE ACT--COVERED FOREIGN ENTITIES (NOV 2024)

(Reference 52.240-1)

I.87 52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN 2017)

(Reference 52.242-5)

I.88 52.242-13 BANKRUPTCY (JUL 1995)

(Reference 52.242-13)

I.89 52.242-14 SUSPENSION OF WORK (APR 1984)

(Reference 52.242-14)

I.90 52.243-4 CHANGES (JUN 2007)

(Reference 52.243-4)

I.91 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

(Reference 52.246-21)

I.92 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012) (Reference 52.249-2)

I.93 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

(Reference 52.249-10)

I.94 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

(Reference 52.253-1)

I.95 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to

(a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than

(Solicitation) 184 calendar days, NEGOTIABLE

The time stated for completion shall include final cleanup of the premises.

(End of Clause)

I.96 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

PAGE 27 OF 112 1333ND25QNB190211

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

www.acquisition.gov

(End of Clause)

I.97 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

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

(End Of Clause)

I.98 NIST LOCAL-53 CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING STATUS

All contractors performing work on active contracts at the U.S. Department of Commerce(DOC), National Institute of Standards and Technology (NIST) campuses and/or working in NIST workspaces should go to the www.nist.gov website and under the "About NIST" tab click on "Visit". This site includes information about campus access and security information; identification requirements; parking information and more.

Contractor personnel are required to check the appropriate campus operating status and personnel requirements at https://www.nist.gov/campus-status daily prior to arriving on site. All personnel must adhere to the requirements set forth in the operating status.

Unless otherwise stated in the contract terms and conditions, normal days of business operation are Monday through Friday, excluding Federal Holidays. However, throughout the contract period of performance, there may be circumstances beyond the control of NIST that will impact normal days of business operation such as inclement weather, power outages, etc. In circumstances such as these, the Contractor must call the appropriate NIST campus status line to verify the operating status:

Gaithersburg Campus Operating Status Line:

(301) 975-8000

(800) 437-4385 x8000 (toll free)

Boulder Campus Operating Status Line:

(303) 497-4000

(303) 497-3000 option 2

In the event of a lapse in appropriation, access to Government facilities and resources, including equipment and systems will be limited to excepted personnel for both Federal employees and contractor personnel. If performance of the contract is onsite and/or requires Government interaction, unless the contractor has been, or is notified that it is required to work under an excepted status, the contractor must stop work. The work stoppage shall remain in effect until the lapse is resolved and notification is provided via the NIST website at www.nist.gov (banner on front page) and/or the NIST operating status line(s). Additionally, contractors are encouraged to monitor public broadcasts or the Office of Personnel Management's website at www.opm.gov for the Federal Government operating status.

NIST will provide notification to all contractors that are determined to have excepted status.

All excepted contractors are required to continue performance and communicate with the appointed Contracting Officer's Representative (COR) for further guidance, or NIST Contracting Officer if a COR is not appointed.

Contractors with active supply or service contracts that are fully funded at the time of contract award and…