A04_REVISED_140L1725R0002-_TERMS_MILL_CREEK_CAMPGROUND_0003.pdf

140L1725R0002- BLM-CO GFO MILL CREEK CAMPGROUND EXPANSION AND

IMPROVEMENTS

Table of Contents Section 1

Information to Offeror

9.1510.300—Signature Extension Page (Aug 1999)

Section B—Supplies or Services and Prices

B.1—Schedule of Items

B.2—Evaluation for Award

B.3—Bond Requirements

Section C—Description and Specifications

C.1—Statement of Work

Section D—Packaging and Marking

D.1—This section is not used

Section E—Inspection and Acceptance

E.1—Clauses By Reference

E.2—Inspection

E.3—Acceptance

Section F—Deliveries or Performance

F.1—Clauses By Reference

F.2—Commencement, Prosecution, and Completion of Work

Section G—Contract Administration Data

G.1—Procurement Office Representative

G.2—Contracting Officer’s Representative (COR) and/or Project Inspector (PI)

G.3—Designated Government Office for Submitting Proper Invoice

Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) APRIL 2011

G.4—Authorities and Delegations

G.5- Contractor Performance Assessment Reporting System (CPARS)

G.6- Key Personnel

Section H—Special Contract Requirements

H.1—Work Hours

H.2—Fire Danger Season

H.3—Preservation of Historical and Archeological Data

H.4—Drawings

H.5—Pre-work Conference

H.6—Notice to Proceed

Section I—Contract Clauses

I.1—Clauses Incorporated by Reference

I.2—Buy American Act-Construction Materials

I.3—Preconstruction Conference

I.4—Subcontracts for Commercial Items

I.5—Physical Data

I.6--Bid Guarantee

I.7—Additional Bond Security

I.8—Authorized Deviations in Clauses

I.9—Restrictions on Endorsements Department of the Interior

I.10—Release of Claims-Department of the Interior

I.11—Use of Foreign Construction Materials-Department of the Interior

I.12—Liability Insurance-Department of the Interior

Section J—List of Documents, Exhibits and Other Attachments

J.1—Department of Labor Wage Determination

J.2—Drawings/Maps/Site Location

Section K—Representations, Certifications, and Other Statement of Offerors

K.1 Solicitation Provisions Incorporated By Reference

K.2—Taxpayer Identification

K.3—Small Business Program Representations

K.4—Previous Contracts and Compliance Reports

K.5—Annual Representations and Certifications

K.6—Certification Regarding Responsibility Matters

K.7 Previous Contract and Compliance Reports

K.8 Affirmative Action Compliance

Section L—Instructions, Conditions and Notices to Bidders

L.1—Solicitation Provisions Incorporated by Reference

L.2—Type of Contract

L.3 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction44

L.4 Proposal Submission Requirements

Section M—Evaluation Factors for Award

M.1—Contract Award

Section 1

Information to Offeror

SITE VISIT – (a) The clauses at 52.236-2, Differing Site Conditions and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation.

Accordingly, you are urged and expected to inspect the site where the work will be performed.

An organized site visit has been scheduled for:

a. Date: May 16, 2025

b. Time: 11:00 AM MT

c. Place: Mill Creek Campground is 13.6 miles South of Lake City, CO on County Road 30.

From Lake City, CO, travel south on CO-149, Turn right on County Road 30, travel approximately 11 miles, project location is on the left. The work location can be found by searching "Mill Creek Campground" in Google maps.

Mill Creek Campground Web Site: https://www.blm.gov/visit/mill-creek-campground-co Contractors shall provide their own transportation. Government transportation shall not be provided to contractors.

9.1510.300—Signature Extension Page (Aug 1999) All persons participating in a "joint venture" shall sign as contractors, when submitting a quote. Spaces are provided below for additional signatures. A written acceptance is required; all signatures on the quote will be required on the written acceptance.

By: _______________________________________ By: ______________________________________

Name & Title: ______________________________ Name & Title: ______________________________

Address: __________________________________ Address: _________________________________

Address: __________________________________ Address: _________________________________

Address: __________________________________ Address: __________________________________

For persons involved in a "partnership" this quote must be signed in the partnership name. The contractor shall be prepared to furnish the Government, upon demand, a list of all partners, and proof that they have authority to sign for the partnership.

Section B—Supplies or Services and Prices

B.1—Schedule of Items

Please refer to attached Schedule of Items

B.2—Evaluation for Award

Award will be made on a Schedule basis based on the available funds in accordance with Section L, Instructions, Conditions and Notices to Offeror, Clause 52.215-1, Instructions to Offerors – Competitive Acquisition and Section M, Evaluation and Award Factors.

B.3—Bond Requirements

This project requires 20% bid guarantee (FAR 52.228-1); 100% payment bond or payment protection (FAR 52.228-15); and 100% performance bond, as described in 52.228-15, regardless of dollar amount.

Section C—Description and Specifications C.1—Statement of Work

Attached as separate file:

• Specifications

• Drawings

Section D—Packaging and Marking D.1—This section is not used.

Section E—Inspection and Acceptance E.1—Clauses By Reference

52.252-02

CLAUSES INCORPORATED BY REFERENCE

FEB 1998

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

www.acquisition.gov http://farsite.hill.af.mil/vffara.htm

Clause Title Date 52.246-12 Inspection of Construction August 1996 52.246-13 Inspection—Dismantling, Demolition, or Removal of

Improvements August 1996

52,246-21 Warranty of Construction March 1994

E.2—Inspection

9.1510.301 INSPECTION AUG 1999

(a) Work will be subject to periodic inspections by the Government to assure satisfactory progress, to determine quantities or work performed for progress payment purposes, to be certain that work is being performed in accordance with contract specifications, and to determine if work corrections are necessary.

(b) Inspection in the form of a review of all required reports will be performed by the Contracting Officer's Representative (COR). Accordingly, all reports, data, and documentation required by the contract will be submitted to the COR who will recommend approval/disapproval for acceptance purposes to the Contracting Officer.

(c) The Contractor shall notify the COR or the Project Inspector (PI) at least 3 days before the scheduled completion date, so the Government can schedule final inspection. The Contractor will not be granted a time extension to perform a work correction required as a result of a periodic or final inspection if such correction is necessary because of improper work by the Contractor. The Contractor or his authorized representative must be at the worksite at time of final inspection.

E.3—Acceptance

9.1510.302 ACCEPTANCE AUG 1999

Final inspection and acceptance of all items/services to be delivered under this contract shall be the responsibility of the Contracting Officer. Quality of work is subject to verification by the COR, with final payment to be withheld pending completion of any necessary rework by the Contractor.

Section F—Deliveries or Performance F.1—Clauses By Reference

52.252-02 CLAUSES INCORPORATED BY REFERENCE FEB 1998

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

www.acquisition.gov http://farsite.hill.af.mil/vffara.htm

Clause Title Date 52.236-11 Use and Possession Prior to Completion April 1984 52.242-14 Suspension of Work April 1984

F.2—Commencement, Prosecution, and Completion of Work

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK

APRIL 1984

The Contractor shall be required to (a) commence work under this contract within 10 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 1 year after receipt of Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

*The Government recognizes that seasonal climatic conditions may occur that restrict or prohibit normal construction activities. The anticipated length of the seasonal delay for this project is 10 days. This number of days has been included in calculating the stated period of performance. Therefore, the contract period of performance will not be extended due to normal seasonal weather delays.

Section G—Contract Administration Data G.1—Procurement Office Representative

9.1510-322 PROCUREMENT OFFICE REPRESENTATIVE (AUG 1999)

The Procurement Office Representatives for this requirement are:

Contracting Officer Contracting Specialist Chau Nguyen Courtni Strickland Bureau of Land Management Bureau of Land Management Colorado State Office Colorado State Office Denver Federal Center Denver Federal Center Building 40 Building 40 Lakewood, CO 80225 Lakewood, CO 80225

(303) 239-3678 (303) 916-0211 cnguyen@blm.gov c1strickland@blm.gov mailto:cnguyen@blm.gov mailto:c1strickland@blm.gov

G.2—Contracting Officer’s Representative (COR) and/or Project Inspector (PI)

9.1510.046 CONTRACTING OFFICER’S REPRESENTATIVE (COR) AND/OR PROJECT INSPECTOR

(PI) (APR 1998)

The COR and/or Project Inspector (PI) will be appointed by the Contracting Officer upon award of the contract.

Such COR/PI will be responsible for giving the Contractor any special instructions or guidance necessary to complete delivery as required by the contract. The COR or PI does not have the authority to modify or in any way amend the terms of this contract.

The Contracting Officer’s Representative for this requirement is:

Peter Russell Bureau of Land Management Colorado State Office

UNCOMPAHGRE FIELD OFFICE*

2465 S TOWNSEND AVE

MONTROSE CO 81401

(970) 240-5433 prussell@blm.gov

G.3—Designated Government Office for Submitting Proper Invoice

9.1510.047 DESIGNATED GOVERNMENT OFFICE FOR SUBMITTING

PROPER INVOICE (APR 1998)

Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) APRIL 2011

Beginning May 1, 2011, payment requests for all new awards must be submitted electronically through the U. S. Department of the Treasury's Internet Payment Platform System (IPP). Payment terms for existing contracts and orders awarded prior to May 1 remain the same. The Contractor must use IPP for contracts and orders awarded May 1 and later,and must use the non-IPP invoicing process for those contracts and orders awarded prior to May 1.

"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 FAR 32.905(b), "Payment documentation and process" and the applicable Prompt Payment clause included in this contract. 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:

Copy of contractor’s vendor commercial invoice Payroll documents Certification for progress payments under Fixed Price Construction Contracts mailto:prussell@blm.gov

The Contractor must use the IPP website to enroll, access and use IPP for submitting requests for payment. 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 submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer.

(End of Template)

G.4—Authorities and Delegations

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) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries.

The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR’s appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph

(c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor’s risk.

G.5- Contractor Performance Assessment Reporting System (CPARS)

(a) 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.

(b) 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.

(c) We request that you furnish the Contracting Officer 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. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) 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 http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/.

Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 – 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating “No comment” in Block 22, and then signing and dating Block 23 of the form.

Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government.

If you do not sign and submit the CPAR within 30 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.” Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

http://www.cpars.csd.disa.mil/ http://www.cpars.csd.disa.mil/

(1) 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 Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer 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 30-day review period.

(h) 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.

G.6- Key Personnel

(a) The contractor shall assign to this contract the following key personnel who will have the full authority to act on behalf of the contractor during performance of efforts hereunder:

Superintendent

To be determined during negotiations (Individual names shall be included in the resultant contract as an attachment. Revisions in accordance with the provisions of this clause will be made by superseding letters to be included as a bilateral contract modification)

Supervision shall be the responsibility of the Contractor. Any Contract employee problems in performance, attendance, or other personal problems shall be referred to the On-Site Supervisor to be referred on to the Contractor.

(b) During the performance of the contract, the Contractor shall make no substitutions of those personnel unless the substitution is necessitated by illness, death, termination of employment, or otherwise approved by the CO.

The Contractor shall notify the CO within 15 calendar days after the occurrence of any of these events and provide information required by paragraph (c) below. After the initial year, the Contractor shall submit the information required by paragraph (c) to the CO at least 15 calendar days prior to making any permanent substitution.

(c) Substitution of key personnel shall require the written approval of the CO. The Contractor shall provide an explanation of the circumstances necessitating the proposed substitution, complete resumes for the proposed substitutes, and any additional information requested by the CO. Proposed substitutions should have comparable qualifications to those of the persons being replaced. The CO will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The key listing of personnel shall be modified by superseding letters as a bilateral contract modification as stated in (a) above.

(d) The Government reserves the right to refuse any contractor employees recommended or referred by the Contractor.

Section H—Special Contract Requirements H.1—Work Hours

9.1510.015 WORK HOURS (APR 1998)

Work hours under this contract shall be limited to the hours of 7:00 am to 4:00 pm. If you require extended hours, you must put in a written request with the Contract rating Officer. No work will be done on Saturday, Sunday, or legal National Holidays or Federal Holidays unless authorized by the COR.

National and Federal Holidays to be observed are:

New Year Day Independence Day Labor Day Memorial Day Juneteenth Martin Luther King’s Birthday Columbus Day President’s Day Veteran’s Day Thanksgiving Day Christmas Day

The Contractor shall observe any other day designated by Federal statute, Executive Order or the Presidential proclamation.

When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed. All personnel assigned to perform under this contract shall limit their observation of holidays to those set forth above.

H.2—Fire Danger Season

9.1510-016 FIRE DANGER SEASON (APR 1998)

If the COR allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR.

H.3—Preservation of Historical and Archeological Data

9.1510-018 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA (APR 1998)

(a) Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.

(b) The Contractor agrees that should he or any of his employees in the performance of this contract discover evidence of possible scientific, prehistorical, historical, or archeological data he will notify the Contracting Officer immediately in writing giving the location and nature of the findings.

(c) Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract Clauses Section of this contract.

(d) The Contractor agrees to insert this paragraph in all subcontracts which involve the performance of work on the terrain of the site.

H.4—Drawings

9-1510-017 DRAWINGS (APR 1998)

(a) Typical Drawings. Any drawings titled typical are general only and dimensions of each structure will be fixed by the Contracting Officer to adapt the design to existing conditions at the structure location.

(b) Reduced Size Drawings. Any drawings identified as "REDUCED SIZE DRAWINGS" appearing in the solicitation are photographically reduced in size. Accordingly, measurements and dimensions should not be taken or be based on any numerical scales shown. Prospective bidders desiring to review a copy of the full size drawings may contact the Contracting Officer identified in the solicitation.

H.5—Pre-work Conference

9-1510-304 PRE-WORK CONFERENCE (AUG 1999)

After award a pre-work conference shall be held between the Contractor and COR. The date and time of the meeting shall be determined by the COR and the Contractor in consultation. Discussions relative to contract requirements and the specific responsibilities of each party will be conducted at this time.

H.6—Notice to Proceed

9.1510-305 NOTICE TO PROCEED (AUG 1999)

After award of contract, the COR will issue a written notice to proceed to the Contractor. Issuance of such notice may be delayed for a reasonable time if adverse soil, vegetative, or climatologically conditions exist.

Section I—Contract Clauses I.1—Clauses Incorporated by Reference

52.252-02 CLAUSES INCORPORATED BY REFERENCE FEB 1998

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

www.acquisition.gov http://farsite.hill.af.mil/vffara.htm

Clause Title Date 52.202-01 Definitions of Words and Terms Provisions and Clauses November 2013 52.203-02 Certificate of Independent Price Determination April 1985 52.203-03 Gratuities April 1984 52.203-05 Covenant Against Contingent Fees May 2014 52.203-06 Restrictions on Subcontract Sales to the Government September 2006 52.203-07 Anti-Kickback Procedures May 2014 52.203-08 Cancellation, Recession, 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 September 2007

52.203-12 Limitation on Payment to Influence Certain Federal Transactions

October 2010

52.204-04 Printed or Copied Double Sided on Recycled Paper May 2011 52.204-07 System for Award Managment July 2013 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards July 2013

52.209-06 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

August 2013

52.211-13 Time Extensions September 2000 52.211-18 Variation in Estimated Quantity April 1984 52.215-02 Audit and Records – Negotiation October 2010 52.215-05 Facsimile Proposals October 1997 52.215-08 Order of Precedence – Uniform Contract Format October 1997 52.219-06 Notice of Total Small Business Aside November 2011 52.219-14 Limitations on Subcontracting November 2011 52.219-28 Post-Award Small Business Program Representation July 2013 52.222-01 Notice To The Government Of Labor Disputes February 1997 52.222-03 Convict Labor June 2003 52.222-04 Contract Work Hours and Safety Standards Act-Overtime May 2014 http://www.acquisition.gov/ http://farsite.hill.af.mil/vffara.htm

Compensation 52.222-06 Construction Wage Rate Requirements May 2014 52.222-07 Withholding of Funds May 2014 52.222-08 Payrolls and Basic Records May 2014 52.222-09 Apprentices and Trainees July 2005 52.222-10 Compliance with Copeland Act Requirements February 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 February 1988 52.222-15 Certification of Eligibility May 2014 52.222-21 Prohibition of Segregated Facilities April 2015 52.222-26 Equal Opportunity April 2015 52.222-27 Affirmative Action Compliance Requirements for

Construction April 2015

52.222-35 Equal Opportunity for Veterans July 2014 52.222-36 Equal Opportunity for Workers with Disabilities July 2014 52.222-37 Employment Reports on Veterans July 2014 52.222-40 Notification of Employee Rights Under the National

Labor Relations Act December 2010

52.222-50 Combating Trafficking in Persons March 2015 52.222-54 Employment Eligibility Verification August 2013 52.223-03 Alt I Hazardous Material Identification and Material Safety

Data July 1995

52.223-05 Pollution Prevention and Right-to-Know Information May 2011 52.223-06 Drug Free Workplace May 2001 52.223-18 Encouraging Contractor Policies to Ban Text Messaging

While Driving August 2011

52.225-10 Notice of Buy American Act Requirement-Construction Materials

May 2014

52.225-13 Restrictions on Certain Foreign Purchases June 2008 52.225-25 Prohibition on Contracting with Entities Engaging in

Sanctioned Activities Relating to Iran Representation and Certification

December 2012

52.227-01 Authorization and Consent December 2007 52.227-04 Patent Indemnity – Construction Contracts December 2007 52.228-05 Insurance – Work on a Government Installation January 1997 52.228-11 Pledges Of Assets January 2012 52.228-12 Prospective Subcontractor Requests for Bonds May 2014 52.228-14 Irrevocable Letter of Credit November 2014 52.228-15 Performance and Payment Bonds – Construction October 2010 52.229-03 Federal, State And Local Taxes February 2013 52.232-05 Payments under Fixed-Price Construction Contracts May 2014 52.232-16 Progress Payments April 2012 52.232-17 Interest May 2014 52.232-23 Assignment Of Claims May 2014

52.232-27 Prompt Payment for Construction Contracts May 2014 52.232-33 Payment by Electronic Funds Transfer-System for Award

Management July 2013

52.233-01 Disputes May 2014 52.233-02 Service of Protest September 2006 52.233-03 Protest after Award August 1996 52.233-04 Applicable Law for Breach of Contract Claim October 2004 52.236-02 Differing Site Conditions April 1984 52.236-03 Site Investigation and Conditions Affecting the Work April 1984 52.236-05 Material and Workmanship April 1984 52.236-06 Superintendence by the Contractor April 1984 52.236-07 Permits and Responsibilities November 1991 52.236-08 Other Contracts April 1984 52.236-09 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements April 1984

52.236-10 Operations and Storage Areas April 1984 52.236-11 Use and Possession Prior to Completion April 1984 52.236-12 Cleaning Up April 1984 52.236-13 Accident Prevention November 1991 52.236-14 Availability and Use of Utility Services April 1984 52.236-16 Quantity Surveys April 1984 52.236-17 Layout of Work April 1984 52.236-21 Specifications and Drawings for Construction February 1997 52.242-13 Bankruptcy July 1995 52.243-04 Changes June 2007 52.244-06 Subcontracts for Commercial Items April 2015 52.245-01 Government Property April 2012 52.245-09 Use and Charges April 2012 52.248-03 Value Engineering-Construction, Alternate 1 October 2010 52.249-02 Termination for Convenience of the Government (Fixed-

Price)-Alternate 1 April 2012

52.249-10 Default (Fixed-Price Construction) April 1984 52.253-1 Computer Generated Forms January 1991

I.2—Buy American Act-Construction Materials

52.225-09 BUY AMERICAN ACT - CONSTRUCTION MATERIALS MAY 2014

(a) Definitions. As used in this clause--

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: ______ [Contracting Officer to list applicable excepted materials or indicate “none”]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) * Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

I.3—Preconstruction Conference

52.236-26 PRECONSTRUCTION CONFERENCE FEBRUARY 1995

If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer’s notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

I.4—Subcontracts for Commercial Items

52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS APRIL 2015

(a) Definitions. As used in this clause—

“Commercial item” has the meaning contained Federal Acquisition Regulation 2.101, Definitions.

“Subcontract” includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

(c)

(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509), if the subcontract exceeds $5,000,000 and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.

(iii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212(a));

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employments Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.

(x)

(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xi) 52.222-55, Establishing a Minimum Wage for Contractors (E.O. 13658) (Dec 2014).

(xii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013), if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

I.5—Physical Data

52.236-4 -- Physical Data (Apr 1984)

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

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by __________ [insert a description of investigational methods used, such as surveys, auger borings, core borings, test pits, probings, test tunnels].

(b) Weather conditions __________ [insert a summary of weather records and warnings].

(c) Transportation facilities _________ [insert a summary of transportation facilities providing access from the site, including information about their availability and limitations].

(d) ___________ [insert other pertinent information].

I.6--Bid Guarantee

52.228-01 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds --

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3 million dollars, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

I.7—Additional Bond Security

52.228-02 Additional Bond Security Oct 1997

The Contractor shall promptly furnish additional security required to protect the Government and persons supplying labor or materials under this contract if--

(a) Any surety upon any bond, or issuing financial institution for other security, furnished with this contract becomes unacceptable to the Government.

(b) Any surety fails to furnish reports on its financial condition as required by the Government;

(c) The contract price is increased so that the penal sum of any bond becomes inadequate in the opinion of the Contracting Officer; or

(d) An irrevocable letter of credit (ILC) used as security will expire before the end of the period of required security. If the Contractor does not furnish an acceptable extension or replacement ILC, or other acceptable substitute, at least 30 days before an ILC's scheduled expiration, the Contracting officer has the right to immediately draw on the ILC.

I.8—Authorized Deviations in Clauses

52.252-06 Authorized Deviations In Clauses APR 1984

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of the Interior Acquisition Regulation (48 CFR Chapter 1 ) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

I.9—Restrictions on Endorsements Department of the Interior

1452.203-70 RESTRICTIONS ON ENDORSEMENTS - DEPARTMENT OF THE

INTERIOR

JUL 1996

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205-1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

I.10—Release of Claims-Department of the Interior

1452.204-70 RELEASE OF CLAIMS - DEPARTMENT OF THE INTERIOR

JULY 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.

I.11—Use of Foreign Construction Materials-Department of the Interior

1452.225-70 USE OF FOREIGN CONSTRUCTION MATERIALS - DEPARTMENT OF

THE INTERIOR

JULY 1996

(a) The Government has determined that the Buy American Act is not applicable to the following construction materials because they are not mined, produced, or manufactured in the U.S. in sufficient quantities of a satisfactory quality:

(1) ___NONE_______ _________________________________________________

(2) ________________________________________________________________

(3) ________________________________________________________________

(b) Offers based on the use of foreign construction materials other than those listed in (a) above may be acceptable if the Government determines that U.S. construction material is not available, would be impracticable or constitute an unreasonable price. Please contact the contracting officer with questions or comments concerning non-availability or impracticability of U.S. material.

(c)(1) Offers based upon use of foreign construction material for cost savings will be considered reasonable if the cost of each foreign construction material, plus 6 percent, is less than the cost of each comparable U.S.

construction material. The Contracting Officer shall compute the cost of each foreign construction material to include all delivery costs to the construction site, and any applicable duty (whether or not a duty-free entry certificate is issued.) This evaluation shall be made for each foreign construction material included in the offer, but not listed in subparagraph (a) above in this clause.

(2) Any contractor cost savings from post-award approval to substitute foreign construction material for U.S.

construction material shall be passed on to the Government.

(d)(1) This offer is based on the use of foreign construction material not listed in (a) above. For each foreign item proposed the offeror shall furnish the following information for the foreign material offered: item description, supplier, unit of measure, quantity, unit price, duty (even if a duty free certificate is issued), delivery costs, and total price and shall also identify information on a U.S. item comparable to the foreign item including:

supplier, unit of measure, quantity, unit price, delivery costs and total price.

(2) If the Government rejects the use of…