Solicitation_-_Haxby_3_Fence_-_Issued_0001.pdf

U.S. Department of the Interior Bureau of Land Management Montana State Office

May 2024

Invitation for Bids Solicitation No. 140L3624B0002

Haxby 3 Fence Montana

Solicitation No: 140L3624B0002 PROJECT DESCRIPTION: Haxby 3 Fence

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HAXBY 3 FENCE

MONTANA

FOREWORD

The Department of Interior, Bureau of Land Management (BLM), Montana State Office is soliciting sealed bids for construction activities associated with the reconstruction of a 4-wire fence (3 barbed with bottom barbless wire). This includes constructing approximately 5,160 rods of new 4-wire fence (3 barbed with bottom barbless wire) with all steel line posts (T-post) and removal of approximately 5,737 rods of woven wire & five wire fence.

The work is located on BLM lands in Garfield County, Montana. The principal components of the work to be performed include:

Mobilization Barbed Wire Fence All Steel (4-Wire) Fence Removal (Woven & 5-Wire) Barbed Wire Gate (4-Wire) Single Wood Post (Line) Three-Post Barbed Wire Steel Stress Panel Two-Post Barbed Wire Steen End Panel Three-Post Barbed Wire Steel Corner Panel

PROCUREMENT OVERVIEW

TYPE OF CONTRACT: Construction, Firm Fixed Priced (FFP), Single Award Purchase Order

TYPE OF CONSTRUCTION: Heavy

NAICS CODE: 238990, All Other Specialty Trade Contractors

MAGNITUDE: Between $250,000 and $500,000

RESTRICTIONS ON CONTACTS: Beginning upon release of the invitation for bids (IFB) through contract award, contacting Government employees who may be associated with this work by participating offerors is inappropriate. Offerors for this IFB, including subcontractors and teammates, shall not attempt such contacts during this period. All correspondence shall be through the Contracting Officer listed below:

Bureau of Land Management Attn: Christine Mundt 5001 Southgate Drive Billings, MT 59101 Email: cmundt@blm.gov Office Phone: 406-896-5030 Mobile Phone: 406-661-5940

SITE VISIT: The Government strongly urges offerors to inspect the sites to gain a better understanding of the work requirements and to satisfy themselves regarding all general and local conditions that may affect the cost of performance. In no event shall failure to inspect the site constitute grounds for a claim after award.

See Section L, Clause 52.236-27 – Alternate I, Site Visit (Construction) – Alternate I for more information.

QUESTIONS DUE: June 19, 2024, at 5:00 pm, Mountain Time. Questions submitted after this date and time will not be accepted. All questions must be submitted in writing via e-mail to the CO. See Section L, Submittal of Questions for more information.

SEALED BID / PUBLIC OPENING DATE: For the date when contractors are to submit their sealed bids, see block 13 of Standard Form 1442, “Solicitation, Offer, and Award (Construction, Alteration, or Repair).”

METHOD OF PROCUREMENT: This procurement is set-aside for Small Business Concerns and is a construction acquisition, pursuant to Federal Acquisition Regulations (FAR) Part 13, Part 19, and Part 36.

SAM: Effective July 29, 2012, any contractor interested in doing business with the Federal Government must register in the System for Award Management (SAM) database prior to award of a contract or agreement. SAM is an official website of the U.S. government. There is no cost to use SAM. You can use this site for FREE to:

Register to do business with the U.S. government;

Update or renew your entity registration;

Check status of an entity registration;

Search for entity registration and exclusion records

To register in SAM, at a minimum, you will need the following information:

Your DUNS Number, Legal Business Name, and Physical Address from your Dun & Bradstreet (D&B) record.

Your Taxpayer Identification Number (TIN) and Taxpayer Name associated with your TIN.

Your bank's routing number, your bank account number, and your bank account type, i.e. checking or savings, to set up Electronic Funds Transfer (EFT).

Contractors may obtain information on registration and annual confirmation requirements via the SAM website accessed through https://www.sam.gov/SAM/ or by the Federal Service Desk at 1-866-606-8220.

IPP: Payment requests for the anticipated contract must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform (IPP). IPP is a secure, web-based service that more efficiently managements government invoicing from purchase order through payment notification at no charge to federal agencies and their vendors. The IPP website address is https://www.ipp.gov/. The contractor must use the IPP website to register access and use IPP for submitted request for payment. Contractor assistance with enrollment can be obtained by contacting the IPP Customer Support Team via email IPPCustomerSupport@fiscal.treasury.gov or via phone at 1-866-973-3131.

If the contractor is unable to comply with the requirements to use IPP for submitting invoices for payment, the contract must submit a waiver request in writing to the Contracting Officer with its quotation.

TABLE OF CONTENTS

PART I – THE SCHEDULE

SECTION A – SOLICITATION/CONTRACT FORM

Standard Form 1442

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

Price Schedule

SECTION C – SPECIFICATIONS/DRAWINGS

Specifications and Drawings .......................................................................................................... See Section J

SECTION D – PACKAGING AND MARKING

Not Applicable

SECTION E – INSPECTION AND ACCEPTANCE

E.1 Material and Workmanship E.2 Inspection of Construction E.3 Warranty of Construction

SECTION F – DELIVERIES OR PERFORMANCE

F.1 Commencement, Prosecution, and Completion of Work F.2 Schedules for Construction Contracts F.3 Suspension of Work F.4 BLM – Variation in Quantity (Deviation)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 DIAR Authorities and Delegations G.2 Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) G.3 Local Invoice Processing Platform (IPP) Hotline G.4 Government Point of Contact

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 Work Hours H.2 Fire Danger Season H.3 Federal Holidays H.4 Limitations on Subcontracting Reporting

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1 Clauses Incorporated by Reference I.2 Commercial and Government Entity Code Maintenance I.3 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment I.4 Prohibition on a Bytedance Covered Application I.5 Order of Precedence – Sealed Bidding I.6 Limitations on Subcontracting (Deviation) I.7 Buy American – Construction Materials

I.8 Additional Bond Security I.9 Differing Site Conditions I.10 Site Investigation and Conditions Affecting the Work I.11 Superintendence by the Contractor I.12 Permits and Responsibilities I.13 Other Contracts I.14 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements I.15 Operations and Storage Areas I.16 Use and Possession Prior to Completion I.17 Cleaning Up I.18 Accident Prevention I.19 Specifications and Drawings for Construction I.20 Preconstruction Conference I.21 Authorized Deviations in Clauses I.22 Restrictions on Endorsements – Department of the Interior I.23 Release of Claims - Department of the Interior I.24 DIAR Liability Insurance – Department of the Interior

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

Technical Specifications for Haxby 3 Fence (March 2024) .......................................... See Separate Document Maps and Drawings – Haxby 3 Fence ........................................................................... See Separate Document General Decision Number: MT20240076 (01/05/2024) ............................................... See Separate Document Bid Bond – Standard Form 24 (Rev. 10/2023) .............................................................. See Separate Document Performance Bond – Standard Form 25 (Rev. 8/2016) ................................................. See Separate Document Payment Bond – Standard Form 25A (Rev. 8/2016) .................................................... See Separate Document United States Department of the Interior Release of Claims – DI 137 (July 1996) ...... See Separate Document

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

OR RESPONDENTS

K.1 Annual Representations and Certifications K.2 Commercial and Government Entity Code Reporting K.3 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment K.4 Violation of Arms Control Treaties or Agreements-Certification

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 System for Award Management L.2 Alternative Line Item Proposal L.3 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR PART 101-29 L.4 Availability of Defense Specifications, Standards, and Data Item Descriptions in the Acquisition Streamlining and Standardization Information System (ASSIST) Website L.5 Amendments to Invitation for Bids L.6 False Statements in Bids L.7 Submission of Bids L.8 Explanation to Prospective Bidders L.9 Late Submissions, Modifications, and Withdrawals of Bids L.10 Preparation of Bids-Construction

L.11 Submission of Offers in the English Language L.12 Submission of Offers in U.S. Currency L.13 Type of Contract L.14 Construction Wage Rate Requirements – Secondary Site of the Work L.15 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity For Construction L.16 Notice of Buy American Requirement – Construction Materials L.17 Bid Guarantee L.18 Individual Surety – Pledge of Assets L.19 Site Visit (Construction) – Alternate I L.20 Service of Protest – Bureau of Land Management (Deviation) L.21 Restrictions on Contacts L.22 Submittal of Questions

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 Contract Award-Sealed Bidding-Construction

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION CALL

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

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

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040657290

BLM MT-STATE OFCMT935

5001 SOUTHGATE DR

BILLINGS MT 59101

LMA

BLM - Miles City District Office

Attn: Christine Mundt

111 Garryowen Road Miles City, Montana

Christine Mundt 4068965030 x

05/29/2024

140L3624B0002

INVITATION FOR BID

REQUEST FOR PROPOSAL

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

A. Project Title: Haxby 3 Fence, Montana

B. Location of the Work: The project work is located on BLM lands in Garfield

County, Montana.

C. Estimated Range of the Project: The estimated price range of this acquisition is between $250,000 and $500,000.

D. The North American Industrial Classification System (NAICS) Code is 238990. The applicable Small Business Size Standard is $19.0 Million.

E. This solicitation is issued as a Total Small Business Set-Aside procurement.

F. Contractor's SAM.gov Unique Entity ID: _______________

11. The Contractor shall begin performance within

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 144 calendar days and complete it within ________________ ________________ calendar days after receiving

See FAR Clause 52.211-10

06/28/2024

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 12/2022)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES CODE AT

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

PAGE 10 OF

BLM MT STATE OFFICE

MT935 (C.MUNDT)

5001 SOUTHGATE DR

BILLINGS MT 59101

LMA

Christine Mundt

28. NEGOTIATED AGREEMENT 29. AWARD

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

copies to issuing office.) Contractor agrees to furnish

10 U.S.C. 3204(a) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

and return

(Contractor is not required to sign this document.) Your offer on this

THE INVOICE PROCESSING PLATFORM

IPP.GOV

(866) 973-3131 IPPCustomerSupport@fiscal.treasury.gov

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

11 72

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140L3624B0002

00010 Haxby 3 Fence - Fence Removal and Install 1 AU $__________ $__________

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

SECTION B – SUPPLIES OR SERVICES AND PRICES

B.1 Offerors are to complete Block 17 of the SF 1442 with the total proposed fixed price for all items.

B.2 PRICE SCHEDULE

(a) Offers will be considered for award on the following Schedule, but no offer will be considered for award on only a part of the Schedule.

(b) All offers are subject to the terms and conditions of this solicitation.

(c) The quantities in the schedule are estimated quantities for comparison of offers only, and except as provided in the contract clause at 1510-52.211-70, BLM – Variation in Quantity, no claim shall be made against the Government for overruns or underruns.

PRICE SCHEDULE

Item No.

Item Description Quantity Unit Unit Price Amount

Pay Item 01505(1) Mobilization

Lump Sum

Pay Item 02834(1CC) Barbed Wire Fence All Steel (4‐Wire)

5,160 Rod $ $

Pay Item 02834(1D) Fence Removal (Woven & 5‐Wire)

5,737 Rod $ $

Pay Item 02834(1J) Barbed Wire Gate (4‐Wire)

23 Each $ $

Pay Item 02834(1K) Single Wood Post (Line)

47 Each $ $

Pay Item 02834(1P) Three‐Post Barbed Wire Steel Stress Panel

18 Each $ $

Pay Item 02834(1Q) Two‐Post Barbed Wire Steel End Panel

64 Each $ $

Pay Item 02834(1R) Three‐Post Barbed Wire Steel Corner Panel

57 Each $ $

TOTAL ESTIMATED COST $

END OF SCHEDULE

SECTION C – SPECIFICATIONS/DRAWINGS

HAXBY 3 FENCE

MONTANA

C.1 The technical specification for Haxby 3 Fence and the associated maps and drawings are attached and incorporated herein by reference, see Section J and Attachments.

SECTION D – PACKAGING AND MARKING

Not Applicable

SECTION E – INSPECTION AND ACCEPTANCE

E.1 52.236-5 MATERIAL AND WORKMANSHIP APR 1984

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

(b) The Contractor shall obtain the Contracting Officer’s approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer’s approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor’s expense, with all shipping charges prepaid.

Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

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

E.2 52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

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

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

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

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

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

E.3 52.246-21 WARRANTY OF CONSTRUCTION MAR 1994

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION F – DELIVERIES OR PERFORMANCE

F.1 52.211-10

COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK

APR 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 144 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

Note - Work on this project can only occur between July 15th and November 30th during any calendar year to accommodate wildlife concerns in the vicinity. The contractor shall submit an initial work schedule at the pre-work conference.

F.2 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984

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

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

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

F.3 52.242-14 SUSPENSION OF WORK APR 1984

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted

(1) By an act of the Contracting Officer in the administration of this contract, or

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

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

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

F.4

BLM 1510-

52.211-70

BLM - VARIATION IN QUANTITY (DEVIATION) MAY 1987

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 20 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 120 percent or below 80 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

SECTION G – PURCHASE ORDER ADMINISTRATION DATA

G.1

DIAR

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) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

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

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

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

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

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

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

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

(e) of this clause.

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

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

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

G.2

DOI-AAAP-

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS -

INVOICE PROCESSING PLATFORM (IPP)

APR 2013

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the attachment must adequately address the following to support the IPP invoice:

1. Invoice date and Government Contract Number

2. Billing period specified with beginning and ending dates. The beginning date must not be later than the completion date or within any previous billing dates.

3. The accounting must follow the approved schedule of values as described in the specification attachment.

4. Total amount due for the billing period

5. Certification of Progress Payment

6. Payrolls (Mail weekly) **Note – Payrolls must be received in Procurement weekly. Electronic submissions through IPP and/or other electronic means require an acceptable electronic signature (e.g. a scanned copy of a hard signature is not acceptable). Contractors may also mail original copies through postal services instead of the required attachment.**

7. Substantiation of Subcontractor Payment

Note – Prior to IPP Invoice submission, Contractors shall coordinate an informal pre-review of their invoice documents. A Progress Report (may be included in Progress Meeting Notes) shall be submitted to support each invoice and shall include a summary of work performed during the period of performance identified on the invoice, which at a minimum must include:

1. ACTIVITY: Description of the previous month’s project activities and the planned activities for the next month. Also, describe activities performed on contingency task(s), percent complete, task or deliverable schedule and identify any issues or concerns that may affect the performance and/or completion of the task(s);

2. PERCENTAGE COMPLETE: In accordance with the accepted Schedule of Values, for each task/deliverable: identify the percentage completed during the month and the cumulative percentage completed;

3. SCHEDULE: Reconcile progress of each task/deliverable with the schedule identified for each;

submit a revised schedule as required.

4. ISSUES OR CONCERNS: Identify issues and/or concerns that may affect the project Statement of Work (SOW) or schedule.

5. OTHER INFORMATION: Any other information required in the Contract to be included in the Progress Report.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment.

The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its quotation.

G.3 LOCAL INVOICE PROCESSING PLATFORM (IPP) HOTLINE

To check payment status, contact the Payment Hotline at 877-480-9724 or 303-236-2850. You will need to leave a message with the following information:

1. Company Name

2. Contract Number

3. Invoice Number

4. Invoice Amount

5. A brief description of why you are calling

6. Your contact information

If you do not receive a callback from the Payment Hotline within 72 hours, please contact the Contract Officer with the day and time you contacted the Payment Hotline.

G.4 GOVERNMENT POINT OF CONTACT

Bureau of Land Management Attn: Christine Mundt 5001 Southgate Drive Billings, MT 59101 Email: cmundt@blm.gov Office Phone: 406-896-5030 Mobile Phone: 406-661-5940

SECTION H – SPECIAL PURCHASE ORDER REQUIREMENTS

H.1 WORK HOURS

The performance period established for this contract is based upon all work being conducted during regular working hours between 7:00 am and 6:00 pm, Monday through Friday, excluding government holidays. If the Contractor desires to carry on work outside regular hours, including Saturdays, Sundays, and government holidays, a request must be submitted to the Contracting Officer in sufficient time to allow satisfactory arrangements to be made by the Government for access to the work site and inspection.

H.2 FIRE DANGER SEASON

If the Contracting Officer Representative (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 FEDERAL HOLIDAYS

Federal law (5 U.S.C. 6103) establishes the public holidays for Federal employees. Please note that most Federal employees work on a Monday through Friday schedule. For these employees, when a holiday falls on a nonworkday -- Saturday or Sunday -- the holiday usually is observed on Monday (if the holiday falls on Sunday) or Friday (if the holiday falls on Saturday).

To see holidays for a specific year, please visit https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/

2024 Holiday Schedule

Date Holiday

Monday, January 01 New Year’s Day

Monday, January 15 Birthday of Martin Luther King, Jr.

Monday, February 19 * Washington’s Birthday

Monday, May 27 Memorial Day

Wednesday, June 19 Juneteenth National Independence Day

Thursday, July 04 Independence Day

Monday, September 02 Labor Day

Monday, October 14 Columbus Day

Monday, November 11 Veterans Day

Thursday, November 28 Thanksgiving Day

Wednesday, December 25 Christmas Day

*This holiday is designated as "Washington’s Birthday" in section 6103(a) of title 5 of the United States Code, which is the law that specifies holidays for Federal employees. Though other institutions such as state and local governments and private businesses may use other names, it is our policy to always refer to holidays by the names designated in the law.

H.4 LIMITATIONS ON SUBCONTRACTING REPORTING

In accordance with 52.219-14 Limitations on Subcontracting (DEVIATION SEP 2021), the prime contractor will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded.

A similarly situated subcontractor is a small business concern subcontractor that is a participant of the same SBA program that qualified the prime contractor as an eligible offeror and awardee of the contract. The contractor is responsible for ensuring compliance with the Limitation on Subcontracting.

At the conclusion of the period of performance and prior to final payment, the contractor shall submit a Limitation on Subcontracting Report directly to the Contracting Officer. The following information is required as part of the report:

(1) the total amount paid to the Prime during the performance period broken out by labor and materials

(2) list of Similarly Situated Subcontractors and the amounts paid to each during the performance period broken out by labor and materials

(3) list of any other subcontractors and the amounts paid to each during the performance period broken out by labor and materials.

If the Contracting Officer review of the report finds that the contractor is not in compliance for the period of performance, the contractor will be notified in writing. Penalties for failure to comply are described in 13 CFR 125.6(h) which states:

Whoever violates the requirements set forth in paragraph (a) of this section shall be subject to the penalties prescribed in 15 U.S.C. 645(d), except that the fine shall be treated as the greater of $500,000 or the dollar amount spent, in excess of permitted levels, by the entity on subcontractors. A party's failure to comply with the spirit and intent of a subcontract with a similarly situated entity may be considered a basis for debarment on the grounds, including but not limited to, that the parties have violated the terms of a Government contract or subcontract pursuant to FAR 9.406-2(b)(1)(i) (48 CFR 9.406-2(b)(1)(i)).

SECTION I – CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998

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

https://www.acquisition.gov/far/

CLAUSE TITLE DATE

52.202-1 DEFINITIONS JUN 2020

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014

52.203-7 ANTI-KICKBACK PROCEDURES JUN 2020

52.203-8

CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR

ILLEGAL OR IMPROPER ACTIVITY

MAY 2014

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY MAY 2014

52.203-12

LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.203-19

PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

JAN 2017

52.204-4 RESERVED MAY 2024

52.204-10

REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS

JUN 2020

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-19

INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS

DEC 2014

52.204-23

PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED

ENTITIES

DEC 2023

52.209-6

PROTECTING THE GOVERNMENT’S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,

OR PROPOSED FOR DEBARMENT

NOV 2021

52.209-10

PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS

NOV 2015

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE NOV 2020

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS FEB 2024

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION FEB 2024

52.222-3 CONVICT LABOR JUN 2003

52.222-4

CONTRACT WORK HOURS AND SAFETY STANDARDS ACT -

OVERTIME COMPENSATION

MAY 2018

52.222-6 CONSTRUCTION WAGE REQUIREMENTS AUG 2018

52.222-7 WITHHOLDING OF FUNDS MAY 2014

52.222-8 PAYROLLS AND BASIC RECORDS JUL 2021

52.222-9 APPRENTICES AND TRAINEES JUL 2005

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS FEB 1988

52.222-11 SUBCONTRACTS (LABOR STANDARDS) MAY 2014

52.222-12 CONTRACT TERMINATION-DEBARMENT MAY 2014

52.222-13

COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS

AND RELATED ACT REGULATIONS

MAY 2014

52.222-14 DISPUTES CONCERNING LABOR STANDARDS FEB 1988

52.222-15 CERTIFICATION OF ELIGIBILITY MAY 2014

52.222-21 PROHIBITION OF SEGREGATED FACILITIES APR 2015

52.222-26 EQUAL OPPORTUNITY SEP 2016

52.222-27

AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR

CONSTRUCTION

APR 2015

52.222-35 EQUAL OPPORTUNITY FOR VETERANS JUN 2020

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES JUN 2020

52.222-37 EMPLOYMENT REPORTS VETERANS JUN 2020

52.222-40

NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT

DEC 2010

52.222-50 COMBATING TRAFFICKING IN PERSONS NOV 2021

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION MAY 2022

52.222-55

MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE

ORDER 14026

JAN 2022

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 JAN 2022

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION MAY 2024

52.223-6 RESERVED MAY 2024

52.223-18 RESERVED MAY 2024

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES FEB 2021

52.227-1 AUTHORIZATION AND CONSENT JUN 2020

52.227-4 PATENT INDEMNITY – CONSTRUCTION CONTRACTS DEC 2007

52.228-5 INSURANCE – WORK ON A GOVERNMENT INSTALLATION JAN 1997

52.228-11 PLEDGES OF ASSETS (DEVIATION MAY 2023) FEB 2021

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS DEC 2022

52.228-14 IRREVOCABLE LETTER OF CREDIT NOV 2014

52.228-15

PERFORMANCE AND PAYMENT BOND – CONSTRUCTION

(DEVIATION MAY 2023)

JUN 2020

52.229-3 FEDERAL, STATE AND LOCAL TAXES FEB 2013

52.229-11

TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION

JUN 2020

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS MAY 2014

52.232-17 INTEREST MAY 2014

52.232-23 ASSIGNMENT OF CLAIMS MAY 2014

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS JAN 2017

52.232-33

PAYMENT BY ELECTRONIC FUNDS TRANSFER-- SYSTEM FOR

AWARD MANAGEMENT

OCT 2018

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013

52.232-40

PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

MAR 2023

52.233-1, ALT I

DISPUTES – ALTERNATE I DEC 1991

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

52.242-13 BANKRUPTCY JUL 1995

52.243-4 CHANGES JUN 2007

52.244-2 SUBCONTRACTS JUN 2020

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES FEB 2024

52.248-3 VALUE ENGINEERING – CONSTRUCTION OCT 2020

52.249-2, ALT I

TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-

PRICE) - ALTERNATE I

SEP 1996

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) APR 1984

52.253-1 COMPUTER GENERATED FORMS JAN 1991

I.2 52.204-18

COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

(a) Definition. As used in this clause–

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract for each location of contract, including subcontract, performance. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart

42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are…