B08-Attach-2-Past_Performance_and_Clauses.pdf

Attachment 2 RFP Number 140FC123R0045-Bitter Lake Concrete Pad.

1998) 52.252-2 Clauses Incorporated by Reference. (FEB

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 from google search engine under Federal Acquisition Regulations (FAR).

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

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)

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. (SEP 2007)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. JUN 2020

52.203-14 Display of Hotline Poster(s). NOV 2021 52.203-18 – Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements— Representation (Jan 2017) 52.203-19 – Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

52.204-1 -- Approval of Contract (Dec 1989)

52.204-3 -- Taxpayer Identification (Oct 1998)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011)

52.204-8 Annual Representations and Certifications. JAN 2022

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. JUN 2020

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-16 --Commercial and Government Entity Code Reporting AUG 2020

52.204-17 Ownership or Control of Offeror AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance. AUG 2020

52.204-20 – Predecessor of Offeror. AUG 2020

52.204-21 – Basic Safeguarding of Covered Contractor Information Systems NOV 2021

52.204-22 – Alternative Line Item Proposal. (Jan 2017)

52.209-2 -- Prohibition on Contracting with Inverted Domestic Corporations--Representation. (Nov 2015)

52.209-5 Certification Regarding Responsibility Matters. AUG 2020

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, )

Suspended, or Proposed for Debarment NOV 2021 52.209-7 – Information Regarding Responsibility Matters (Oct 2018)

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)

52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

(Feb 2016) 52.209-12 – Certification Regarding Tax Matters (Feb 2016)

52.210-1 – Market Research NOV 2021 52.211-13 -- Time Extensions (Sept 2000)

52.215-1 Instructions to Offerors-Competitive Acquisition JAN 2017

52.215-2 Audit and Records - Negotiation. JUN 2020

52.215-14 -- Integrity of Unit Prices. NOV 2021

52.215-15 -- Pension Adjustments and Asset Reversions (Oct 2010)

52.215-17 -- Waiver of Facilities Capital Cost of Money (Oct 1997) 52.215-18 -- Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions. JUL 2005

52.215-19 -- Notification of Ownership Changes. (Oct 1997)

52.222-1 Notice to the Government of Labor Disputes. (FEB 1997)

52.222-3 Convict Labor. (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (MAY 2018)

52.222-6 Davis-Bacon Act. (AUG 2018)

52.222-7 Withholding of Funds (MAY 2014)

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 Davis-Bacon and Related Act 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)

52.222-35 Equal Opportunity for Veterans. JUN 2020

52.222-36 Affirmative Action for Workers with Disabilities. JUN 2020

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam

Era, and Other Eligible Veterans. JUN 2020

52.222-50 Combating Trafficking in Persons. NOV 2021

52.222-54 Employment Eligibility Verification. NOV 2021

52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997)

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

52.223-6 Drug-Free Workplace. (MAY 2001)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (AUG 2018)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. JUN 2020 52.225-11- Buy American- Construction Material Under Trade Agreements NOV 2021

52.225-12 -Notice of Buy American Requirement—Construction Materials Under Trade Agreements (May 2014)

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.225-21 Required Use of American Iron, Steel, and Manufactured Goods--Buy American Act--Construction Materials. (MAY 2014)

52.225-22 Notice of Required Use of American Iron, Steel, and Manufactured Goods-( MAY 2014)

52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities –JUN 2020

52.227-1 Authorization and Consent. JUN 2020

52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007)

52.228-2 Additional Bond Security. (OCT 1997)

52.228-5 Insurance - Work on a Government Installation. (JAN 1997)

52.228-11 Pledges of Assets. (AUG 2018)

52.228-13 Alternative Payment Protections. (JUL 2000)

52.228-14 Irrevocable Letter of Credit. (NOV 2014)

52.229-3 Federal, State, and Local Taxes. (FEB 2013)

52.232-17 Interest. (MAY 2014)

52.232-23 Assignment of Claims. (MAY 2014)

52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration. (OCT 2018)

52.233-1 Disputes. (MAY 2014) Alternate I (DEC 1991)

52.233-3 Protest after Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

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)

52.236-13 Accident Prevention. (NOV 1991)

52.236-14 Availability and Use of Utility Services. (APR 1984)

52.236-17 Layout of Work. (APR 1984)

52.242-13 Bankruptcy. (JUL 1995)

52.242-14 Suspension of Work. (APR 1984)

52.244-6 Subcontracts for Commercial Items. (JAN 2019)

52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate I (SEP 1996)

52.249-10 Default (Fixed-Price Construction). (APR 1984)

52.252-6 Authorized Deviations in Clauses. (APR 1984)

1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior (APR 1984)

1452.236-70 Prohibition Against Use of Lead-based Paint. (JUL 1996)

Section B--Supplies or Services/Prices

52.216-1 -- Type of Contract.(Apr 1984)

The Government contemplates award of a FIRM FIXED PRICE CONSTRUCTION contract resulting from this solicitation.

52.211-18 Variation in Estimated Quantity. (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

(End of clause)

52.219-14Limitations on Subcontracting SEP 2021

(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.

https://acquisition-staging.gsa.gov/far/part-19#FAR_19_000 https://acquisition-staging.gsa.gov/far/part-19#FAR_19_000 https://acquisition-staging.gsa.gov/far/part-19#FAR_Subpart_19_8 https://acquisition-staging.gsa.gov/far/part-19#FAR_Subpart_19_8 https://acquisition-staging.gsa.gov/far/part-19#FAR_Subpart_19_14 https://acquisition-staging.gsa.gov/far/part-19#FAR_Subpart_19_15 https://acquisition-staging.gsa.gov/far/part-8#FAR_8_405_5 https://acquisition-staging.gsa.gov/far/part-16#FAR_16_505 https://acquisition-staging.gsa.gov/far/part-19#FAR_19_504 https://acquisition-staging.gsa.gov/far/part-19#FAR_Subpart_19_8 https://acquisition-staging.gsa.gov/far/part-19#FAR_Subpart_19_8 https://acquisition-staging.gsa.gov/far/part-19#FAR_Subpart_19_14 https://acquisition-staging.gsa.gov/far/part-19#FAR_Subpart_19_15 https://acquisition-staging.gsa.gov/far/part-8#FAR_8_405_5 https://acquisition-staging.gsa.gov/far/part-16#FAR_16_505 https://acquisition-staging.gsa.gov/far/part-19#FAR_Subpart_19_8 https://acquisition-staging.gsa.gov/far/part-19#FAR_Subpart_19_8 https://acquisition-staging.gsa.gov/far/part-19#FAR_Subpart_19_14 https://acquisition-staging.gsa.gov/far/part-19#FAR_Subpart_19_15 https://acquisition-staging.gsa.gov/far/part-19#FAR_19_504

(d) Independent contractors. An independent contractor shall be considered a subcontractor .

(e) Limitations on subcontracting. By submission of an offer and execution of a contract , the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction ), it will not pay more than 50 percent of the amount paid by the

Government for contract performance 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 ;

(2) Supplies (other than procurement from a non-manufacturer 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; or

(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—

[Contracting Officer check as appropriate.]

□ 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.

52.236-1 Performance of Work by the Contractor. (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least not less than See Below of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

13 CFR 125.6 - What are the prime contractor's limitations on subcontracting?

(a) General. In order to be awarded a full or partial small business set-aside contract with a value greater than $150,000, an 8(a) contract, an SDVO SBC contract, a HUBZonecontract, a WOSB or EDWOSB contract pursuant to part 127 of this chapter, a small business concern must agree that:

(3) In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not similarly situated. Any work that a similarly situated subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

A Similarly situated entity is:

Similarly situated entity is a subcontractor that has the same small business program status as the prime contractor. This means that: For a HUBZone requirement, a subcontractor that is a qualified HUBZone small business concern; for a small business set-aside, partial set-aside, or reserve a subcontractor that is a small business concern; for a SDVO small business requirement, a subcontractor that is a self-certified SDVO SBC; for an 8 requirement, a subcontractor that is an 8(a) certified Program Participant; for a WOSB or EDWOSB contract, a subcontractor that has complied with the requirements of part 127. In addition to sharing the same small business program status as the prime contractor, a similarly situated entity must also be small for the NAICS code that the prime contractor assigned to the subcontract the subcontractor will perform.

52.222-8 Payrolls and Basic Records JUL 2021

(a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker , his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) (Construction Wage Rate Requirement statute)), daily and weekly number of hours worked, deductions made , and actual wages paid.

Whenever the Secretary of Labor has found, under paragraph (d) of the clause entitled Construction Wage Rate Requirements, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B), the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(b)

(1) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Contracting Officer . The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph (a) of this clause, except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee ’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be obtained from the U.S. Department of Labor Wage and Hour Division website at https://www.dol.gov/agencies/whd/forms. The Prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker , and shall provide them upon request to the Contracting Officer , the Contractor , or the Wage and Hour Division of the Department of Labor for purposes of an investigation or https://www.law.cornell.edu/definitions/index.php?width=840&amp%3Bheight=800&amp%3Biframe=true&amp%3Bdef_id=d254fd6f55dec6a6ba3d0fb8c22b9aa4&amp%3Bterm_occur=1&amp%3Bterm_src=Title%3A13%3AChapter%3AI%3APart%3A125%3A125.6 https://www.law.cornell.edu/definitions/index.php?width=840&amp%3Bheight=800&amp%3Biframe=true&amp%3Bdef_id=28ecffbfcc51433405558dc74cf1be8f&amp%3Bterm_occur=1&amp%3Bterm_src=Title%3A13%3AChapter%3AI%3APart%3A125%3A125.6 https://www.law.cornell.edu/definitions/index.php?width=840&amp%3Bheight=800&amp%3Biframe=true&amp%3Bdef_id=28ecffbfcc51433405558dc74cf1be8f&amp%3Bterm_occur=3&amp%3Bterm_src=Title%3A13%3AChapter%3AI%3APart%3A125%3A125.6 https://www.law.cornell.edu/definitions/index.php?width=840&amp%3Bheight=800&amp%3Biframe=true&amp%3Bdef_id=28ecffbfcc51433405558dc74cf1be8f&amp%3Bterm_occur=4&amp%3Bterm_src=Title%3A13%3AChapter%3AI%3APart%3A125%3A125.6 https://www.law.cornell.edu/definitions/index.php?width=840&amp%3Bheight=800&amp%3Biframe=true&amp%3Bdef_id=28ecffbfcc51433405558dc74cf1be8f&amp%3Bterm_occur=5&amp%3Bterm_src=Title%3A13%3AChapter%3AI%3APart%3A125%3A125.6 https://www.law.cornell.edu/definitions/index.php?width=840&amp%3Bheight=800&amp%3Biframe=true&amp%3Bdef_id=28ecffbfcc51433405558dc74cf1be8f&amp%3Bterm_occur=2&amp%3Bterm_src=Title%3A13%3AChapter%3AI%3APart%3A125%3A125.6 https://www.law.cornell.edu/cfr/text/13/part-127 https://www.law.cornell.edu/definitions/index.php?width=840&amp%3Bheight=800&amp%3Biframe=true&amp%3Bdef_id=28ecffbfcc51433405558dc74cf1be8f&amp%3Bterm_occur=9&amp%3Bterm_src=Title%3A13%3AChapter%3AI%3APart%3A125%3A125.6 https://www.law.cornell.edu/definitions/index.php?width=840&amp%3Bheight=800&amp%3Biframe=true&amp%3Bdef_id=edfa23493f2600fcc206a9840c2e3db3&amp%3Bterm_occur=2&amp%3Bterm_src=Title%3A13%3AChapter%3AI%3APart%3A125%3A125.6 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.dol.gov/whd/forms/wh347.pdf https://www.dol.gov/agencies/whd/forms audit of compliance with prevailing wage requirements. It is not a violation of this section for a Prime Contractor to require a subcontractor to provide addresses and social security numbers to the Prime Contractor for its own records, without weekly submission to the Contracting Officer .

(2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify-

(i) That the payroll for the payroll period contains the information required to be maintained under paragraph (a) of this clause and that such information is correct and complete;

(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR Part 3; and

(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract .

(3) The weekly submission of a properly executed certification set forth on the reverse side of Optional

Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (b)(2) of this clause.

(4) The falsification of any of the certifications in this clause may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code.

(c) The Contractor or subcontractor shall make the records required under paragraph (a) of this clause available for inspection , copying, or transcription by the Contracting Officer or authorized representatives of the Contracting Officer or the Department of Labor. The Contractor or subcontractor shall permit the Contracting Officer or representatives of the Contracting Officer or the Department of Labor to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit required records or to make them available, the Contracting Officer may , after written notice to the Contractor , take such action as may be necessary to cause the suspension of any further payment. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

Section C--Description/Specifications

The contractor shall perform all work contained in the specifications and drawings attached to this contract as an attachment 1 (refer to Section J below)

Section D--Packaging and Marking

(None) https://www.dol.gov/whd/forms/wh347.pdf

Section E--Inspection and Acceptance

52.236-5 Material and Workmanship. (APR 1984)

(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

(b) The Contractor shall obtain the Contracting Officer's approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer's approval of the material or articles which the Contractor contemplates incorporating into the work.

When requesting approval, the Contractor shall provide full information concerning the material or articles.

When directed to do so, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

(c) All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

52.246-12 Inspection of Construction. (APR 1996)

(a) Definition. Work includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not -

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the

Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may -

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

52.236-6 Superintendence by the Contractor. (APR 1984)

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 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) and Construction Inspector (CI), as required, at time of award. The COR and CI will be responsible for technical monitoring of the contractor's performance and deliveries. The COR and CI 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 and CI are not authorized to perform, formally or informally, any of the followingactions:

(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 or CI has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's or CI'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 underparagraph

(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, COR and CI.

(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 or CI acting within his or her appointment, shall be at the Contractor's risk.

DOI FAR Sup Clause-1452.204-70 Release of Claims (JUL 1996) After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI–

137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

Section F--Deliveries or Performance

FAR 28.307-2 – Liability Insurance

1. General liability= Minimum. $500,000 per occurrence

2. Automobile liability.

a Minimum $200,000 per person, b Minimum $500,000 per occurrence for bodily injury and

c. Minimum $20,000 per occurrence for property damage.

3. Workers’ compensation and employer’s liability= Minimum $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.

(a) Workers’ compensation and employer’s liability. Contractors are 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 contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile liability. The contracting officer shall require 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. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(End Clause)

52.228-13 -- Alternative Payment Protections (Jul 2000)

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

(i) A payment bond.

(ii) An irrevocable letter of credit (ILC).

(iii) A tripartite escrow agreement.

(iv) Certificates of deposit. The contractor deposits certificates of deposit from a federally insured financial institution with the contracting officer, in an acceptable form, executable by the contracting officer.

(v) A deposit of the types of security listed in 28.204-1 and 28.204-2.

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

(c) The submission of the payment protection is required within 15 days of contract award.

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

End Clause

52.236-15 Schedules for Construction Contracts. (APR 1984)

(a) The Contractor shall, within 15 days after contract award prepare and submit to the Contracting Officer for approval 1 scanned emailed copy of a practicable schedule showing the order in which the http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/28.htm#P306_49794 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/28.htm#P310_50993

Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer.

If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

52.211-12-Liquidated Damages -- Construction (Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $200.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of Clause)

FWS-R2—local clause-1- Contractor Submittal Clause

In accordance with Contract clause 52.236-5- Material and Workmanship, the contractor is required to comply with the following.

The primary responsibility for overall management and control of submittals lies with the contractor.

The contractor must integrate the submittal process into his QC Plan.

The submittals contemplated by the clause entitled, "Materials and Workmanship" and as required in the specifications, shall be accomplished on Form R2EN-021, Material Approval Submittal and submitted to the COTR by either e-mail or by mail.

Submittals shall be submitted to COTR 15 calendar days after receipt of contract award or as practical, for incorporation into the contract.

There will be no approval of submittals prior to bid opening and award. Submittals will be evaluated based on the requirements of the specifications and drawings, during the submittal process after contract award.

All submittals shall be approved by the COTR before items are incorporated in the work.

The COTR will approve or disapproved submittals within 7 calendar days from receipt from the contractor, plus transmittal time back and forth.

Do not commence work which requires review of any submittals until receipt of returned submittals with an acceptable action.

Note: Incorporation of materials in a project prior to receipt of approved submittals shall be solely at the risk of the contractor.

Unless stated otherwise in the individual specification section, provide 3 copies of submittals for use by the government, plus the number of submittals needed to be returned to the Contractor for use by Contractor, sub-contractors, suppliers, or others. If submitted by e-mail with electronic attachments, only one e-mail copy is required.

If mailing, the contractor shall mail to:

U.S. Fish & Wildlife Service send via other means.

The COTR may require the contractor to submit certificates, manufacturing brochures, etc... for the purposes of informational review and as support to submittal approval process.

The contractor is required to submit as many submittals for the COTR’s approval as practicable after acknowledging the receipt of award.

Typical submittals are categorized into the following submittal identifications:

Preconstruction Submittals

Shop Drawings Product Data Samples Design Data Test Reports Certificates Manufacturer’s Instructions Manufacturer’s Field Reports Operation and Maintenance Data Closeout Submittals

Submittals shall come directly from the Contractor with their stamp and signature of approval; submittals will not be accepted from sub-contractors or suppliers.

Submittals must show clearly that the product, sample or shop drawing conforms to the specifications.

Completely identify each submittal by showing at least the following information:

1. Name and address of submitter (Contractor), plus name and telephone number of the individual to contact for further information.

2. Name of project as it appears in these specifications.

3. Contract number, submittal number, and specification section number to which the submittal applies.

4. Whether this is an original submittal or resubmittal.

5. Each item shall clearly note the manufacturer=s name and address, trade name, product, lot, style, color, catalog designation or model number, and locations of use.

Do not fabricate products or begin work which requires submittals until return of reviewed submittal with acceptance by the COTR is received.

On return, promptly distribute reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions.

Revise and resubmit submittals as required within 15 days of return from initial review.

Identify all changes made since previous submittal.

52.246-21 Warranty of Construction. (MAR 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of -

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall -

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

FWS R2 Local Clause-2-CONTRACT WORK HOURS (NOV 2007)

The performance period established for this contract is based upon all work being conducted during regular working hours. Regular working hours are limited to the time between 7:00 Am and 4:00 PM, Monday through Friday, excluding Government holidays. If the Contractor desires to carry on work outside regular hours, including Saturdays, Sundays, and Government holidays, a request must be submitted to the Contracting Officer in sufficient time to allow satisfactory arrangements to be made by the Government for access to the work site and inspection.

FWS R2 local Clause-3-COMPLETION DATE (NOV 2007)

The period of performance of this contract will be 60 working days from issuance of award, excluding weekends and federal Government holidays.

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - Alternate I (APR 1984)

The Contractor shall be required to:

(a) commence work- mobilize- under this contract within 10 calendar days from issuance of NTP,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 60 working days from issuance of award

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

The completion date is based on the assumption that the successful offeror will receive the notice to proceed within 2 weeks after contract award, A Notice To Proceed (NTP) will only be issued after receipt of adequate insurance, schedule, payment and performance bonds

The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required insurance, schedule, performance and payment bonds within the time specified in the offer.

52.242-17 Government Delay of Work. (APR 1984)

(a) If the performance of all or any part of the work of this contract is delayed or interrupted

(1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or

(2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) A claim under this clause shall not be allowed -

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and

(2) Unless the claim, in an amount stated, is asserted in…