140G0220R0025 UCF Revised 10-19-2020_0002.pdf
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- Attached to
- ACOUSTIC DETERRENT CONSTRUCTION LD19
- Solicitation number
- 140G0220R0025
About this file
This is a solicitation for the purchase and installation of an acoustic deterrent system at Lock and Dam 19 on the Mississippi River. The Department of the Interior's US Geological Survey will award a fixed-price construction contract to install underwater acoustic deterrent equipment and related components. Key requirements include mobilization within 5 days of the notice to proceed, completion within 90 days, and compliance with labor standards and prevailing wage determinations. Offerors must submit bonds, insurance documentation, and other compliance materials within 10 days of award. The contractor will be responsible for supervision, labor, materials, equipment, and completion of all work items according to the specifications and drawings.
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140G0220R0025 Page 5 of 41
SECTION A. SOLICITATION/CONTRACT FORM
SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS
SECTION C. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1. GS0301 General Requirements. (JUL 2001) C.2. GS0339 Green Acquisition (JULY 2018) C.3. GS0347 Indoor Air Quality During Construction (MAR 2008) C.4. GS0350 Conformance with Environmental Management Systems (MAR 2016)
SECTION D. PACKAGING AND MARKING
SECTION E. INSPECTION AND ACCEPTANCE
E.1. 52.246-12 Inspection of Construction. (AUG 1996) E.2. 52.246-13 Inspection - Dismantling, Demolition, or Removal of Improvements. (AUG 1996) E.3. GS0725 Demonstration of Satisfactory Operation. (JUL 2001)
SECTION F. DELIVERIES OR PERFORMANCE
F.1. Performance Location F.2. 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) F.3. 52.242-14 Suspension of Work. (APR 1984) F.4. 52.242-15 Stop-Work Order (AUG 1989) F.5. GS0919 Legal Holidays (JAN 2002) F.6. GS0925 Unscheduled Closures - Fixed Price (MAR 2003) F.7. Deliverables
SECTION G. CONTRACT ADMINISTRATION DATA
G.1. 1452.201-70 Authorities and Delegations (SEP 2011) G.2. GS1126 Invoicing and Performance Statement Instructions (JUL 2001) G.3. GS1131 Unilateral Deobligation of Unexpended Funds (MAY 2013) G.4. DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) (September 2013)
SECTION H. SPECIAL CONTRACT REQUIREMENTS
H.1. GS1125 Schedule of Prices (Construction) (JUL2001) H.2. NOTICE TO CONTRACTORS Contractor Performance Assessment Reporting System (DEC 2015) H.3. GS1338 Notice to the Government of Delays (JUL 2001) H.4. GS1348 Accident Reporting (APR 2003) H.5. GS1354 List of Subcontractors (Construction) (JUL 2001) H.6. SECURITY REQUIREMENTS: FACILITY ACCESS and INFORMATION TECHNOLOGY (AUG 2016) H.7. GS1440 Wage Decision Incorporation (JUL 2001)
SECTION I. CONTRACT CLAUSES
I.1. 52.202-1 Definitions. (JUN 2020) I.2. 52.203-3 Gratuities. (APR 1984) I.3. 52.203-5 Covenant Against Contingent Fees. (MAY 2014) I.4. 52.203-6 Restrictions on Subcontractor Sales to the Government. (JUN 2020) I.5. 52.203-7 Anti-Kickback Procedures. (JUN 2020) I.6. 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014) I.7. 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) I.8. 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020) I.9. 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. (JUN 202 0) I.10. 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (JAN 2017) I.11. 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011) I.12. 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011) I.13. 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUN 2020) I.14. 52.204-13 System for Award Management Maintenance. (OCT 2018) I.15. 52.204-14 Service Contract Reporting Requirements. (OCT 2016) I.16. 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020) I.17. 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) I.18. 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered
Entities. (JUL 2018) I.19. 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020) I.20. 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN
2020) I.21. 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (OCT 2018) I.22. 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) I.23. 52.215-2 Audit and Records – Negotiation. (JUN 2020) I.24. 52.215-8 Order of Precedence – Uniform Contract Format. (OCT 1997) I.25. 52.217-7 Option for Increased Quantity-Separately Priced Line Item. (MAR 1989) I.26. 52.219-6 Notice of Total Small Business Set-Aside (MAR 2020) I.27. 52.219-8 Utilization of Small Business Concerns. (NOV 2018) I.28. 52.219-14 Limitations on Subcontracting. (MAR 2020) I.29. 52.219-28 Post-Award Small Business Program Representation. (MAY 2020) I.30. 52.222-3 Convict Labor. (JUN 2003)
140G0220R0025 Page 6 of 41
I.31. 52.222-4 Contract Work Hours and Safety Standards Act – Overtime Compensation. (MAR 2018) I.32. 52.222-6 Construction Wage Rate Requirements. (AUG 2018) I.33. 52.222-7 Withholding of Funds. (MAY 2014) I.34. 52.222-8 Payrolls and Basic Records. (AUG 2018) I.35. 52.222-9 Apprentices and Trainees. (JUL 2005) I.36. 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) I.37. 52.222-11 Subcontracts (Labor Standards). (MAY 2014) I.38. 52.222-12 Contract Termination – Debarment. (MAY 2014) I.39. 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. (MAY 2014) I.40. 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) I.41. 52.222-15 Certification of Eligibility. (MAY 2014) I.42. 52.222-19 Child Labor – Cooperation with Authorities and Remedies. (JAN 2020) I.43. 52.222-21 Prohibition of Segregated Facilities. (APR 2015) I.44. 52.222-26 Equal Opportunity. (SEP 2016) I.45. 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) I.46. 52.222-35 Equal Opportunity for Veterans. (JUN 2020) I.47. 52.222-36 Equal Opportunity for Workers with Disabilities. (JUN2020) I.48. 52.222-37 Employment Reports on Veterans. (JUN 2020) I.49. 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010) I.50. 52.222-50 Combating Trafficking in Persons. (JAN 2019) I.51. 52.222-54 Employment Eligibility Verification. (OCT 2015) I.52. 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) I.53. 52.222-62 Paid Sick Leave Under Executive Order 13706. (JAN 2017) I.54. 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013) I.55. 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JUL 1995) I.56. 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) I.57. 52.223-6 Drug Free Workplace. (MAY 2001) I.58. 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) I.59. 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. (JUN 2016) I.60. 52.223-15 Energy Efficiency in Energy-Consuming Products. (MAY 2020) I.61. 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (AUG 2018) I.62. 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (JUN 2020) I.63. 52.225-9 Buy American – Construction Materials. (MAY 2014) I.64. 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) I.65. 52.227-1 Authorization and Consent. (JUN 2020) I.66. 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (JUN 2020) I.67. 52.227-4 Patent Indemnity–Construction Contracts. (DEC 2007) I.68. 52.228-1 Bid Guarantee. (SEP 1996) I.69. 52.228-2 Additional Bond Security. (OCT 1997) I.70. 52.228-5 Insurance – Work on a Government Installation. (JAN 1997) I.71. 52.228-11 Pledges of Assets. (AUG 2018) I.72. 52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014) I.73. 52.228-14 Irrevocable Letter of Credit. (NOV 2014) I.74. 52.228-15 Performance and Payment Bonds - Construction. (JUN 2020) I.75. 52.229-3 Federal, State, and Local Taxes. (FEB 2013) I.76. 52.232-5 Payments under Fixed-Price Construction Contracts. (MAY 2014) I.77. 52.232-17 Interest. (MAY 2014) I.78. 52.232-23 Assignment of Claims. (MAY 2014) I.79. 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017) I.80. 52.232-33 Payment by Electronic Funds Transfer – System for Award Management. (OCT 2018) I.81. 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) I.82. 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) I.83. 52.233-1 Disputes. (MAY 2014) I.84. 52.233-3 Protest after Award. (AUG 1996) I.85. 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) I.86. 52.236-2 Differing Site Conditions. (APR 1984) I.87. 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) I.88. 52.236-5 Material and Workmanship. (APR 1984) I.89. 52.236-6 Superintendence by the Contractor. (APR 1984) I.90. 52.236-7 Permits and Responsibilities. (NOV 1991) I.91. 52.236-8 Other Contracts. (APR 1984) I.92. 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) I.93. 52.236-10 Operations and Storage Areas. (APR 1984) I.94. 52.236-11 Use and Possession Prior to Completion. (APR 1984) I.95. 52.236-12 Cleaning Up. (APR 1984) I.96. 52.236-13 Accident Prevention. (NOV 1991) I.97. 52.236-14 Availability and Use of Utility Services. (APR 1984) I.98. 52.236-15 Schedules for Construction Contracts. (APR 1984) I.99. 52.236-17 Layout of Work. (APR 1984) I.100. 52.236-21 Specifications and Drawings for Construction. (FEB 1997) I.101. 52.236-26 Preconstruction Conference. (FEB 1995) I.102. 52.242-13 Bankruptcy. (JUL 1995) I.103. 52.242-17 Government Delay of Work (APR 1984) I.104. 52.243-4 Changes. (JUN 2007)
140G0220R0025 Page 7 of 41
I.105. 52.244-6 Subcontracts for Commercial Items. (AUG 2020) I.106. 52.246-21 Warranty of Construction. (MAR 1994) – Alternate I (APR 1984) I.107. 52.248-3 Value Engineering – Construction. (OCT 2015) I.108. 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) – Alternate I (APR 2012) I.109. 52.249-10 Default (Fixed-Price Construction). (APR 1984) I.110. 52.252-2 Clauses Incorporated by Reference. (FEB 1998) I.111. 52.253-1 Computer Generated Forms. (JAN 1991) I.112. 1452.203-70 Restrictions on Endorsements. (JUL 1996) I.113. 1452.204-70 Release of Claims (JUL 1996) I.114. 1452.215-70 Examination of Records by the Department of the Interior. (APR 1984) I.115. 1452.228-70 Liability Insurance (JUL 1996)
SECTION J. List of Documents, Exhibits and Other Attachments
SECTION K. REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS
K.1. 52.204-8 Annual Representations and Certifications. (MAR 2020) K.2. 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) K.3. 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020 K.4. 52.225-10 Notice of Buy American Requirement – Construction Materials. (MAY 2014)
SECTION L. INSTRUCTIONS,CONDITIONS, AND NOTICES TO BIDDERS
L.1. 52.204-7 System for Award Management. (OCT 2018) L.2. 52.214-34 Submission of Offers in the English Language. (APR 1991) L.3. 52.214-35 Submission of Offers in U.S. Currency. (APR 1991) L.4. 52.215-1 Instructions to Offerors – Competitive Acquisition. (JAN 2017) L.5. 52.216-1 Type of Contract. (APR 1984) L.6. 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999) L.7. 52.232-13 Notice of Progress Payments (APR 1984) L.8. 52.233-2 Service of Protest Department of the Interior (JUL 1996) (Deviation) L.9. 52.236-27 Site Visit (Construction). (FEB 1995) – Alternate I (FEB 1995) L.10. 52.236-28 Preparation of Proposals – Construction. (OCT 1997) L.11. 1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior. (APR 1984) L.12. GS2116 Distortions in Drawings (July 2001) L.13. Instructions to Offerors – Supplement to 52.215-1 L.14. Question Cutoff L.15. Quotation Submission
SECTION M. EVALUATION FACTORS FOR AWARD
M.1. GS2335 Evaluation and Award—Negotiated
140G0220R0025 Page 8 of 41
SECTION A. SOLICITATION/CONTRACT FORM
See SF1442.
SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS
See SF1442.
SECTION C. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1. GS0301 General Requirements. (JUL 2001)
The contractor shall furnish all facilities, labor, and materials to provide goods/services in accordance with the terms and conditions herein and the specifications set forth in Attachment 1, entitled “Specifications (USGS Keokuk, IA Underwater
Acoustic Deterrent System) and Attachment 2, entitled “Drawings (Mississippi River Basin Lock & Dam 19 – Keokuk
GLRIAC Acoustic Study.”
See Section J for a complete list of attachments.
(End of clause)
C.2. GS0339 Green Acquisition (JULY 2018)
The USGS is committed to promoting the natural environment and protecting the h ealth and well-being of people. In the performance of work under this contract, the Contractor shall exert its best efforts to provide services in a manner that will promote the natural environment and protect health and well-being. Green purchasing or environmentally preferable contracting includes the initiatives described below:
Alternative Fuels and Vehicles are described at http://www.afdc.energy.gov/afdc/
Biobased Products are described at http://www.biopreferred.gov/
Energy efficient products a re described at http://energystar.gov/products for Energy Star products and at http://www.eere.energy.gov/femp/procurement for FEMP designated products.
Environmentally Preferable Computers are described at http://www.epeat.net
Significant New Alternatives Program (SNAP) are described at http://www.epa.gov/snap/overview-snap
The Comprehensive Procurement Guidelines promote the use of recovered and recycled products at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program
Water efficient products and services are described at https://www.epa.gov/watersense
C.3. GS0347 Indoor Air Quality During Construction (MAR 2008)
(a) The contractor shall control contaminants at the source and/or operate the space in such a manner that the GSA indicator levels for carbon monoxide (CO), carbon dioxide (CO2 ), and formaldehyde
(HCHO) are not exceeded. The indicator levels for office areas shall be:
CO - 9 parts per million (ppm) time-weighted average (TWA - 8-hour sample);
CO2 - 1000 ppm (TWA);
formaldehyde - 0.1 ppm (TWA).
(b) The contractor shall make a reasonable attempt to apply insecticides, paints, glues, adhesives, and heating, ventilating and air conditioning (HVAC) system cleaning compounds with highly volatile or irritating organic compounds, outside of working hours. The contractor shall provide at least 72 hours advance notice to the Government before applying noxious chemicals in occupied spaces, and adequately ventilate those spaces during and after application.
(c) To the greatest extent possible, contractor shall sequence the installation of finish materials so that materials that will be high emitters of Volatile Organic Compounds (VOCs) are insta lled and allowed to
140G0220R0025 Page 9 of 41 cure before installing interior finish materials, especially soft materials that are woven, fibrous, or porous in nature, that may adsorb contaminants and release them over time.
(d) Where demolition or construction work occurs adjacent to occupied space, contractor shall erect appropriate barriers (noise, dust, odor, etc.) and take necessary steps to minimize interference with the occupants. This includes maintaining acceptable temperature, humidity and ventilation in the occupied areas during window removal, window replacement, or similar types of work.
(e) A final flush-out period of 48 to 72 hours should be provided before occupancy. Contractor shall ventilate with 100 percent outside air at the recommended air change rate (ASHRAE Sta ndard 62) during installation of materials and finishes. If outside air would cause unacceptable inside temperature levels, humidity levels, and/or air quality, an alternate ventilation plan may be submitted to the Contracting Officer for approval.
(f) The contractor shall promptly investigate indoor air quality (IAQ) complaints and shall implement the necessary controls to address the complaint when requested to do so by the Contracting Officer.
(g) The Government reserves the right to conduct independent IAQ assessments and detailed studies in space it occupies, as well as in space serving the Government-leased space (e.g., common use areas, mechanical rooms, HVAC systems, etc.). The contractor shall assist the Government in its assessments and detailed studies by making available information on building operations and contractor activities, and providing access to space for assessment and testing, if required, and implement corrective measures required by the Contracting Officer.
C.4. GS0350 Conformance with Environmental Management Systems (MAR 2016) a . The Contractor’s work under this contract shall conform with all operational controls identified in the applicable agency, organization, or facility environmental management system (EMS) and provide monitoring and measurement information as necessary for the Government to address environmental performance relative to the environmental, energy, and transportation management goals.
b. In the event the Contractor identifies an environmental nonconformance or noncompliance associated with the work under the contract, the Contractor shall notify the Contracting Officer immediately. The Contractor will be required to take corrective and/or preventative actions at the direction of the Contracting Officer in the form of a contract modification and in coordination with the EMS Site Coordinator.
c. The Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the EMS and how these requirements affect the work performed under this contract.
d. Whether on-site contractor personnel shall complete EMS training is at the discretion of the Contracting Officer, appropriate for the type of work under the contract, at no cost to the Contractor. Notification of the training schedule will be provided by the Contracting Officer's Representative in coordination with the facility-level EMS Coordinator.
SECTION D. PACKAGING AND MARKING
Section intentionally left blank
140G0220R0025 Page 10 of 41
SECTION E. INSPECTION AND ACCEPTANCE
E.1. 52.246-12 Inspection of Construction. (AUG 1996)
E.2. 52.246-13 Inspection - Dismantling, Demolition, or Removal of Improvements. (AUG 1996)
E.3. GS0725 Demonstration of Satisfactory Operation. (JUL 2001)
The demonstration of satisfactory operation of the equipment and/or system shall include the actual operation of all elements of the equipment and/or system in order to establish that the equipment and/or system is one complete operating unit. The contractor shall demonstrate to the Contracting Officer or an authorized representative that the equipment and/or system will meet all the operating specifications of the contract. At time of demonstration of satisfactory operation, the contractor shall thoroughly acquaint the Geological Survey personnel with all aspects of the maintenance of the equipment and/or system.
SECTION F. DELIVERIES OR PERFORMANCE
F.1. Performance Location
U.S. Army Corps of Engineers Lock and Dam Number 19
525 North Water Street
Keokuk, Iowa 52632
F.2. 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 5 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 90 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.
(End of clause)
F.3. 52.242-14 Suspension of Work. (APR 1984)
F.4. 52.242-15 Stop-Work Order (AUG 1989)
F.5. GS0919 Legal Holidays (JAN 2002)
The following legal holidays are observed by this Government agency:
New Year's Day January 01
Martin Luther King's Birthday 3rd Monday in January
Presidents Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 04
Labor Day 1st Monday in September
Columbus Day 2nd Monday in October
Veterans Day November 11
Thanksgiving Day 4th Thursday in November
Christmas Day December 25
When a holiday falls on Saturday or Sunday, it is observed on the adjacent Friday or Monday, respect ively.
In addition to the holidays listed above, the contractor agrees to observe leave days or closures designated by Federal Statu te, Executive Order, or Presidential Proclamation.
140G0220R0025 Page 11 of 41
F.6. GS0925 Unscheduled Closures - Fixed Price (MAR 2003)
(a) The USGS facility where contractor employees are working may occasionally be closed temporarily and federal employees dismissed, such as for inclement weather, holiday early closings, power outages, or other emergencies.
In these cases, the Contracting Officer or COR will advise the contractor whether any of the contractor's activities on
Government facilities are considered critical and require continued performance. In most cases, the Contractor will be required to dismiss employees at Government facilities who are performing noncritical tasks after federal employees are dismissed.
(b) If the unscheduled closure causes an increase in the cost of contract performance or if any contract term or condition is affected by the closure, the Contractor may request an adjustment pursuant to Clause FAR 52.242-17 Government Delay of
Work.
(c) Contractor performance at locations that are not affected by the unscheduled closure will not be subject to this clause.
F.7. Deliverables
Deliverable Reference Due Deliver To
All supervision, labor, materials and equipment necessary to construct all items described in contract documents.
Contract Documents NTP + See clause
52.211-10
USGS
Payment and
Performance Bonds
Section G: GS1306
Section I: 52.228-15
Within 10 days after contract award
CO
Proof of Liability
Insurance
Section I: 1452.228-70 Within 10 days after contract award
CO
Schedule of Prices Section H: GS1125 Within 10 days after contract award
CO and COR
List of Subcontractors Section H: GS1354 Within 10 days after contract award
CO and COR
SF-1413 Statement and
Acknowledgment
(including the subcontractor’s signed and dated acknowledgment that the clauses set forth in paragraph (b) of FAR
52.222-11 have been included in the subcontract)
Section I: 52.222-11
The contractor is required to submit statement and acknowledgement to the Contracting Officer on the
Standard Form (SF) 1413 (Attachment 6) also available at http://www.gsa.gov/portal/forms/download/115794
Within 7 days after award of this contract and within
7 days after the award of each subcontract thereafter.
CO
Construction Progress
Schedule
Section G Clause GS1126 With each invoice for progress payment
COR
Weekly Payrolls for contractor and each subcontractor
Section I: 52.222-8
The contractor is required to submit copies of all payrolls. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. This information may be submitted in any form. The optional form WH-
347 (Attachment 4) or available from Department of Labor:
http://www.dol.gov/whd/forms/wh347.pdf
Within 7 days after regular payment date of the payroll week covered
CO
Ref: FAR
22.406-6(c) for examination of payrolls and statements.
Further compliance checking may be done IAW
FAR 22.406-7.
http://www.dol.gov/whd/forms/wh347.pdf
140G0220R0025 Page 12 of 41
Invoices Section G: DOI Electronic Invoicing
Section G: GS1126
No more often than monthly
IPP Web Page and copy to
COR
Certification of Progress
Payment (if requesting progress payment)
Section I: 52.232-5 As work proceeds – no more often than monthly
COR
DI-137 Release of
Claims
Section I: 1452.204-70 Prior to submitting final invoice
CO
Final Invoice N/A After submitting
Release of Claims
IPP and copy to COR
SECTION G. CONTRACT ADMINISTRATION DATA
G.1. 1452.201-70 Authorities and Delegations (SEP 2011)
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) and/or Technical Representative
(TR) at time of award. The COR and/or TR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR and TR 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 a ppointment.
(c) The COR or TR is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;
(2) Waive or agree to modification of the delivery schedule;
(3) Make any final decision on any contract matter subject to the Disputes Clause;
(4) Terminate, for any reason, the Contractor's right to proceed;
(5) Obligate in any way, the payment of money by the Government.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed wit h 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 TR has taken an action or has issued direction (written or oral) th at the
Contractor considers to exceed the COR's or TR’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 directe d to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer, COR and TR.
(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 tha n the Contracting Officer, or the COR or TR (acting within his or her appointment), shall be at the Contractor's risk.
140G0220R0025 Page 13 of 41
G.2. GS1126 Invoicing and Performance Statement Instructions (JUL 2001)
(a) A copy of each invoice must be marked “ORIGINAL” and submitted with two additional copies to the below designated billing office:
Original: U.S. Department of the Treasury’s Internet Payment Platform System (IPP)
Copy: U.S. Geological Survey
Denver Federal Center, Denver Acquisition Branch
Attn: Robert Valdez
PO Box 25046, MS 204
Denver, CO 80225-0046
Email: rvaldez@usgs.gov
Note: Payroll statement must be submitted with each invoice and the final invoice must include a release of claims.
(b) Invoices for progress payments may be submitted no more frequently than monthly.
(c) Invoices for progress payments must be accompanied by a contract Performance Statement, which shall show in detail the estimated percentage of completion and value of completed performance for each separat ely priced line item or, if applicable, each of the significant construction categories contained in the approved Schedule of Prices.
(d) See clause 52.232-5 for certification requirements.
G.3. GS1131 Unilateral Deobligation of Unexpended Funds (MAY 2013)
The contractor shall submit all invoices under the award no later than 90 calendar days after the period of performance has expired, unless a request for extension has been submitted to the Contracting Officer. After 120 days has passed sin ce the expiration of the performance period, the government reserves the right to issue a unilateral modification deobligating any unexpended funds, and to initiate closeout procedures.
G.4. DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Internet Payment
Platform (IPP) (September 2013)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Internet Payment Platform
System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the
IPP invoice:
• A copy of the Contractor’s internally generated invoice
• Price breakdown reflecting the labor hours, rates charged and material costs (invoice)
• Payroll statement shall be submitted with each invoice and must receive prior approval from the
COR and CO – contractor can use their own form or refer to Attachment 4 – Certified Payroll Form
• Final invoice must also include a Release of Claims Form DI-137 – refer to Attachment 5 – Release of Claims https://www.ipp.gov/
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The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor
Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal
Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973 -3131.
If the Contractor is unable to comply with the requirement to use IPP for submit ting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
SECTION H. SPECIAL CONTRACT REQUIREMENTS
H.1. GS1125 Schedule of Prices (Construction) (JUL2001)
In accordance with the clause FAR 52.232-5, Payments under Fixed-Price Construction Contracts, the contractor shall, within 10 days after receipt of notice of award, submit to the Contracting Officer for approval, a Sche dule of Prices. This schedule shall consist of a detailed breakdown of the contract price, segregated under each of the significant construction categories. It shall state the quantities for each of the various types of work, the unit prices, and extende d totals.
Subcontractors who may be involved in more than one category of work must provide the same breakout data for each category. The submission of the required data shall not otherwise affect the contract terms.
H.2. NOTICE TO CONTRACTORS Contractor Performance Assessment Reporting System (DEC 2015)
1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.
2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web -based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.
3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the
Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.
4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.
5) Within 60 days after the end of a performance period, the AO will complete an interim or final past p erformance evaluation, and the report will be accessible at https://www.cpars.gov/.
a) Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.
b) Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.
c) All information provided should be reviewed for accuracy prior to submission.
d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.
e) Your response is due within 60 calendar days after receipt of the CPAR. On da y 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.
f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the
Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."
https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.cpars.gov/ https://www.cpars.csd.disa.mil/ https://www.cpars.gov/
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6) The following guidelines apply concerning your use of the past performance evaluation:
a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.
b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.
c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre -award surveys, responsibility determinations, production readiness reviews, or other similar purposes.
7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.
8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for
Government use supporting source selection actions after it has been finalized.
H.3. GS1338 Notice to the Government of Delays (JUL 2001)
In the event the contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery schedule or date, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the contractor shall immediately notify the contracting officer and the COR, in writing, giving pertinent details. This data shall be informational only in character.
Notice under this provision shall not be construed as a waiver by the Government of any delivery schedule or date or of any rights or remedies provided by la w or under this contract.
H.4. GS1348 Accident Reporting (APR 2003)
If an accident occurs on Government-controlled facilities, a report must be provided to the Contracting Officer's
Representative and the Contracting Officer within 48 hours. An accident is defined as an event which causes injury, illness, or loss or damage to Government-owned or private property. The contractor will cooperate with any ensuing Government accident investigation.
H.5. GS1354 List of Subcontractors (Construction) (JUL 2001)
For purposes of monitoring compliance with the insurance and payroll reporting requirements of t his contract, the contractor shall furnish a listing of all subcontractors to the Contracting Officer within 10 calendars days after con tract award.
H.6. SECURITY REQUIREMENTS: FACILITY ACCESS and INFORMATION TECHNOLOGY (AUG 2016)
(a) All Contractor employees must have an "Enter on Duty" (EOD) approval issued by the Bureau Personnel Security Office
(PSO) before they begin performing work on any Bureau contract. The Contractor must ensure that all employees requesting an EOD are citizens of the United States of America, or an alien who has been lawfully admitted for permanent residence or employment (indicated by immigration sta tus) as evidenced by Immigration and Naturalization Service documentation and the employee must have resided in the United States for a minimum of 3 years. The EOD may be issued in advance of a completed Background Investigation and may be rescinded by the PSO at any time. However, a ll contractors who require network access are required to complete the identity proofing process, and must be able to obtain a successfully adjudicated
National Criminal History Check (NCHC) and National Agency Check with Inqu iries (NACI) or higher to stay on the contract.
(b) Starting Work - Contractor employees with an approved EOD may begin performing unsupervised work on Bureau contracts. To remain on the contract, the Contractor employees will need a completed favorable Background Investigation.
(c) Rescission of EOD - The PSO may rescind the EOD at any time. This may occur as the result of additional information obtained or the final results of the background investigation.
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(d) Background Investigation - Contractor employees who will have unsupervised access to Bureau facilities, access to the
Department of the Interior (DOI) information technology (IT) systems or DOI data, or will develop custom applications, must have a favorably adjudicated background investigation from the Office of Personnel Management (OPM). Existing clearances at the same or higher level are acceptable upon the PSO’s review and approval. If the employee does not already have a complete investigation, they must apply for one. The employee may begin work with an EOD, but must receive a favorable background investigation to continue working on the contract. The background investigation includes obtaining fingerprints through a USAccess Credentialing Center for an FBI criminal history and a cred it report. Once the investiga tion has been scheduled by OPM, the Bureau will receive advance reports. If those reports are favorable, the Bureau PSO will issue the EOD. The type of background investigation required is based on the risk/sensitivity level designation. Citizenship requirements and guidance for determining the appropriate type of background investigation required for the designated risk/sensitivity level are contained in DOI Departmental Manual (DM) Part 441. The DM is available on the Inte rnet at http://elips.doi.gov/app_home/index.cfm?fuseaction=home.
(e) Electronic Questionnaire for Investigations Processing (e-QIP) – The Bureau uses the e-QIP for all background investigations or reinvestigations. To initiate an investigation, the Contractor, in collaboration with the COR, will complete an e-QIP Request Form. This request form is available through the COR. The COR will submit the completed request form to the Bureau PSO. The PSO will enter the information into e-QIP to either establish a new applicant profile or determine if an existing investigation that meets Bureau requirements is on file. The PSO will then contact the applicant to provide additional information and instructions.
Generally, the Contractor is required to complete the following forms:
e-QIP application (on-line)
Fair Credit Release
OF-306
Fingerprints via USAccess Credentialing Centers
The Contractor shall complete the required background investigation forms and submit them to the PSO. The PSO shall determine if individuals meet the required background investigation standards and citizenship requirements, and then make a suitability determination. Minimum standards used in suitability determinations are contained in the DOI Departmental
Manual Part 441. The Government will pay for any background investigations required for contractor employees. If the
Contractor employee’s background investigation is returned as unfavorable, the Government reserves the right to request reimbursement of the actual costs for the investigation from the Contractor.
(f) Reinvestigation - Contractor employees occupying high risk public trust positions must be reinvestigated every 5 years. A reinvestigation may be initiated prior to the normal periodic reinvestigation schedule when an individual’s continued ability to meet the minimum background investigation standards is in question. The electronic fingerprints on file in the USAccess system will be electronically submitted to OPM for the reinvestigation. The PSO shall review the records and documentation and make the suitability determination.
(g) Disputes - In the event of a disagreement between the Contractor and the Government concerning the suitability of a particular employee to perform work under this contract, the Government has the right of final determination. Determinations under this requirement are subject to the Disputes Clause, FAR 52.233-1. Failure of the Contractor to comply with the requirements of this clause could constitute grounds for termination for default.
(h) Physical Security Requirements - DOI Access Cards.
(1) Contractor employees must have a DOI Access Card before being given unsupervised access to a Government facility.
(2) To gain unsupervised access to Government facilities, Contractor employees m ust present their DOI Access Card for examination by the security guard or electronically authenticate their DOI Access Card, as required. Contractor employees must keep their DOI Access Card in a shielded card holder, and visually display the card at all times while in the facility.
Refusal or repeated neglect to display the DOI Access Card may result in limiting Contractor employee’s access to
Government facilities or revoking of authorized access.
(3) When a Contractor employee is no longer working under this award, the Contractor is responsible for returning all DOI
Access Cards, keys, and other Government property issued to that employee. The Contactor shall coordinate all returns with the COR. The COR is responsible for ensuring the Contractor complies with these requirements. However, failure by the
Contractor to comply with these requirements may result in the Contractor’s liability for all costs associated with correcting any resultant breech in building security.
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(i) Issuance & Maintenance - DOI Access Cards
(1) Process: To obtain a DOI Access Card the COR will use the online DOIAccess System to initiate the access request.
Contractor employees will receive email notificat ions to enroll at a USAccess Credentialing Center with two forms of identification, and after adjudication, a second email notification to pick up and activate their DOI Access Card. The Contractor employee shall schedule an enrollment appointment at a USAccess center at least two weeks prior to the targeted EOD.
(2) Contractor Responsibilities: Contractor employees must complete actions in a timely manner to prepare for on -boarding and access to DOI network resources. The Contractor shall allow their personnel sufficient time to schedule and attend an enrollment appointment at the USAccess center prior to the contract start date. If the Contractor employee’s DOI Access
Card becomes lost or stolen, the contractor employee shall notify the COR immediately to request a new DOI Acce ss Card.
(3) COR Responsibilities: The COR (or designated individual) and Contractor shall maintain a listing of all Contractor employees who received a DOI Access Card, the date the card was issued, the date the electronic certificates expire (3 years from issue date), and the date the DOI Access Card expires (5 years from issue date). If the Contractor employee’s DOI
Access Card or certificates will expire before the contract is completed, the COR (or designated individual) and Contractor is responsible for ensuring that the Contractor employee visits a USAccess center to update certificates on the existing card or obtain a new DOI Access Card. No later than one week prior to the DOI Access Card’s certificate or card expiration, the
COR (or designated individual) shall notify the Contractor that DOI Access Card actions are required. The COR (or designated individual) and the Contractor shall update their listing to reflect the new issue date, certificate expiration da te and card expiration date.
(j) Information Technology Security Requirements.
(1) Training – If contractor employees require access to any DOI/IT systems, the Contractor shall ensure its employees complete all Bureau/DOI required IT security training. The Contractor’s employees shall comp lete this training before being granted access to Bureau/DOI data or being issued network access. The current training requirements are: (i) annual end -user
IT Security Awareness, (ii) annual IT Resources Rules of Behavior, and (iii) annual Role-Based Security training for IT professionals. The Contractor shall comply with all Bureau/DOI IT security training requirements in effect during contract performance. The COR will notify the Contractor of all Bureau mandatory IT training. The Contractor shall su bmit training completion certificates to the COR for all required training. Failure to meet this training requirement may result in removal of the contractor employee from the contract. The Bureau will determine if the contractor can later return to the contract.
(2) Access to Contractor’s Facilities for IT audit purposes - The Contractor shall afford Bureau and the Department of the
Interior Office of Inspector General access to the Contractor’s and subcontractors’ facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection, investigation, and audit that will safeguard against threats and hazards to the integrity, availability, and confidentiality of Government data or to the function of computer systems operated on behalf of the Government and to preserve evidence of computer crime. If the Contractor questions the Government employee’s right to access its facilities, it should contact the CO for resolution.
(3) Contractor Location - Custom software development and outsourced operations shall be located in the United States to the maximum extent practical. If such services are proposed to be performed abroad, the Contractor shall provide an acceptable security plan that addresses the mitigation of problems related to communication, control, and protecting the confidentiality , integrity, and availability of IT systems and information.
(4) Applicable Standards - The Contractor shall follow all applicable Federal, DOI, and Bureau Bulletins, Directives, Guidelines, Manuals, Processing Standards, Memoranda, Policies and Standards; applicable OMB Memoranda; and all current National Institute of Standards & Technology (NIST) Special Publications. To comply with Federal Acquisition
Regulation Subpart 39.101(d), contractors shall use the common security configurations available from the NIST website at http://checklists.nist.gov. NIST documents are available on the internet at http://csrc.nist.gov/publications/PubsSPs.html.
OMB memoranda are available on the internet at http://www.whitehouse.gov/omb/memoranda/. The Contractor shall request copies of DOI and Bureau documents by contacting the COR.
(5) Incident Reporting - The Contractor shall immediately report computer security incidents affecting Bureau/DOI data and systems in accordance with the Bureau Computer Incident Response policy. The Contractor shall request copies of the
Bureau Computer Incident Response policy by contacting the COR.
(6) Assessment and Authorization (A&A) and Continuous Monitoring.– The Contractor shall comply with Bureau policy when developing, upgrading, modifying or supporting applications and/or systems that require A&A and Continuous
Monitoring. The Contractor shall request copies of Bureau A&A policy by contacting the COR. The A&A requirement does not apply when the Contractor's employees merely access data or have "read only" access.
(k) Documentation - The Contractor shall document all work performed and ensure that the appropriate Assessment and
Authorization (A&A) documents are updated to reflect the work performed and the current state of Bureau systems and networks. The Documentation requirement does not apply when the Contractor's employees merely access data or have
"read only" access.
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(l) Personnel Changes, Contractor Request - The Contractor shall immediately notify the COR and PSO when an employee is reassigned or leaves the Contractor’s employment and prior to any termination . The Contractor must adhere to the Bureau or
Office’s mandatory exit clearance procedure. Once the COR has been notified that a Contractor…
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