Sol_140L3920Q0066.pdf

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

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040492163

BLM NV-STATE OFC BGT&FIN SVC(NV955)

1340 FINANCIAL BLVD.

RENO NV 89502

LVA

Luis Gonzalez (775) 861-6719

108/26/2020

140L3920Q0066

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

Tonopah ROOF REPLACEMENT - CONSTRUCTION PROJECT - See attached for complete specifications and requirements.

NAICS: 238160 Roofing Contractors, Size Standard: $16.5M, 100% Set-Aside for Small

Business.

NOTE: A formal site visit is scheduled for Thursday August 3, 2020. See attached for complete information regarding time, location and RSVP Point of contact.

Offerors or Quoters are urged and expected to inspect the site where the services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of the contract performance, to the extent that the information is reasonably obtainable.

In no Event Shall FAILURE to inspect the site constitute grounds for a claim after the contract award.

11. The Contractor shall begin performance

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.)

21 45 calendar days and complete it within ________________ ________________ calendar days after receiving

09/11/2020

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. 4-85)

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

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 and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

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

2PAGE OF

BLM NV-STATE OFC BGT&FIN SVC(NV955)

1340 FINANCIAL BLVD.

RENO NV 89502

LVA

Luis Gonzalez

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish 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, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140L3920Q0066

DUNS NUMBER: ______________________

TONOPAH ROOF REPLACEMENT - CONSTRUCTION PROJECT

All questions regarding this solicitation must be submitted in writing to Luis Gonzalez

(legonzalez@blm.gov) no later than 4 pm, Monday

September 7,2020.

Any questions received will be answered through an amendment to this solicitation.

Period of Performance: 09/21/2020 to 11/05/2020

Legacy Doc #: BLM

Delivery Location Code: 0004276809

BLM-NV BATTLE MOUNTAIN DISTRICT OFF

50 BASTIAN RD

BATTLE MOUNTAIN NV 89820 US

Period of Performance: 09/21/2020 to 11/05/2020

00010 Roof Replacement and Install - BLM - Nevada

Battle Mountain Field Office

Supplying and constructing/installing the following: Complete replacement of the existing flat membrane roofing system for the approximate

7,450 square feet Tonopah Field Office building located in Tonopah, NV. Furnish all labor, equipment, supplies and materials, necessary to complete the work, and other work as indicated in the contract documents (Statement of

Work/Specifications, drawings, DBA Wage

Decisions, provisions and clauses)

Offerors shall complete and submit the attached

Bid Schedule

Product/Service Code: Z2AA

Product/Service Description: REPAIR OR ALTERATION

OF OFFICE BUILDINGS

Quotes and supporting documents may be submitted electronically via email to legonzalez@blm.gov.

See attached for required Technical, Past

Performance and Pricing Information requested

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

Sponsored by GSA

FAR (48 CFR) 53.110

Tonopah Roof Replacement - Construction Issuing Office: BLM Nevada State Office

Project Office: Battle Mountain District Office Solicitation Number: 140L3920Q0066

Table of Contents

PART I – THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM SF-1442

SECTION B - SCHEDULE OF ITEMS

SECTION C – DESCRIPTION/SPECIFICATIONS

SECTION D – PACKAGING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

1510.301 Inspection

1510.302 Acceptance

SECTION F – DELIVERIES OR PERFORMANCE

52.211-10 Commencement, Prosecution, and Completion of Work

1510.303 Charges for Actual Damages – Delayed Performance

Progress Plan

SECTION G – CONTRACT ADMINISTRATION DATA

52.252-2 Clauses Incorporated by Reference 1452.201-70Authorities and Delegations Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP)

1510.046 Contracting Officer’s Representative (COR) and/or Project Inspector (PI)

1510.322 Procurement Office Representative

SECTION H – SPECIAL CONTRACT REQUIREMENTS

1510.016 Fire Danger Season

1510.017 Drawings

1510.018 Preservation of Historical and Archeological Data

1510.304 Pre-Work Conference

1510.305 Notice to Proceed

Work Hours Environmental Interruption of Work Environmental Impact

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

52.252-02 Clauses Incorporated by Reference 52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements Jan 2017 14 52.222-36 Equal Opportunity for Workers With Disabilities 52.228-13 Alternative Payment Protections 52.252- 6 Authorized Deviations in Clauses 1452.204-70Release Of Claims - Department of the Interior

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

SECTION J – LIST OF ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, & OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

Project Office: Battle Mountain District Office Solicitation Number: 140L3920Q0066

52.252-1 Solicitation Provisions Incorporated by Reference 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements— Representation 52.204-8 Annual Representations and Certifications 52.219-1 Small Business Program Representations 52.222-22 Previous Contracts and Compliance Reports 52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan--Certification 52.228-1 Bid Guarantee

SECTION L – INSTRUCTIONS, CONDITIONS, & NOTICES TO OFFERORS OR RESPONDENTS

52.211-6 Brand Name or Equal 52.222-5 Construction Wage Rate Requirements - Secondary Site of the Work 52.236-27 Site Visit (Construction) - Alternate I 52.252-5 Authorized Deviations in Provisions 1452.215-71 Use and Disclosure of Proposal Information - Department of the Interior

SECTION M – EVALUATION FACTORS FOR AWARD

Evaluation and Award Factors

1510.310 Basis for Award

Project Office: Battle Mountain District Office Solicitation Number: 140L3920Q0066

PART I – THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM SF-1442

See separate document, Page 1-3 SF-1442

SECTION B - SCHEDULE OF ITEMS

See separate document, Page 1-3 SF-1442

SECTION C – DESCRIPTION/SPECIFICATIONS

The Bureau of Land Management (BLM), Nevada State Office has a requirement to replacement of the existing flat membrane roofing system for the approximate 7,450 square feet Tonopah Field Office building located in Tonopah, NV.

The project will consist of demolition and legal disposal of existing roofing system. Install new roofing system including new PVC thermoplastic membrane fully self-adhered on new cover board on new insulation on new air barrier on new sheathing per attached specification Section 07540. Replace any missing or damaged vent seals, down spouts, flashing, trim and all other work needed to make the roof complete. The Contractor shall also replace any deteriorated sheathing and other work as indicated in the attached documents.

NAICS: 238160 Roofing Contractors, Size Standard: $16.5M, 100% Set-Aside for Small Business. Construction Wage Rate Requirements are applicable to this project and the appropriate DBA Wage Decision(s) is included.

In accordance with FAR 36.204 the Disclosure of the Magnitude of this construction project is between $150,000.00 and $250,000.00. Pursuant to 40 U.S.C. Chapter 31, construction contracts exceeding $150,000.00 will require both Performance and Payment Bonds equal to 100 percent of the contract price.

NOTE: A formal site visit is scheduled, and highly recommended, for Thursday September 3, 2020. See Provision 52.236-27 on page 29 for complete information regarding time, location and RSVP Point of contact. Offerors or Quoters are urged and expected to inspect the site where the services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of the contract performance, to the extent that the information is reasonably obtainable. IN NO EVENT SHALL FAILURE TO INSPECT THE SITE CONSTITUTE GROUNDS FOR A

CLAIM AFTER THE CONTRACT AWARD.

SECTION D – PACKAGING AND MARKING

(THIS SECTION NOT USED)

SECTION E – INSPECTION AND ACCEPTANCE

52.246-12 Inspection of Construction Aug 1996

Project Office: Battle Mountain District Office Solicitation Number: 140L3920Q0066

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.

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

52.211-10 Commencement, Prosecution, and Completion of Work Apr 1984 The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than ending Period of Performance listed in the solicitation. The time stated for completion shall include final cleanup of the premises.

1510.303 Charges for Actual Damages – Delayed Performance Aug 1999 Should the Contractor fail to complete the work within the performance time allowed or any extension thereof, and his right to proceed is not terminated, he shall, in the absence of a liquidated damages provision, be charged actual damages suffered by the Government which can be directly attributable to the Contractor's delayed performance. Such damages shall include, but not necessarily be limited to, the Project Inspector's hourly salary, per-diem, travel or other expenses as well as losses of Government-Furnished property which can be accurately determined.

Progress Plan At the prework conference, the Contractor shall provide to the COR a written "work progress plan" that details it’s proposed work force and schedule to provide for orderly completion of the work within the contract performance time.

Project Office: Battle Mountain District Office Solicitation Number: 140L3920Q0066

This work schedule must be acceptable to the Government. At a minimum, the schedule must reflect a work progress rate equal to the available amount of contract performance time.

SECTION G – CONTRACT ADMINISTRATION DATA

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 this/these address(es):

Federal Acquisition Regulation clauses:

http://www.acquisition.gov/far http://farsite.hill.af.mil/

Clauses Title Date 52.232-5 Payments under Fixed Price Construction Contracts May 2014 52.232-16 Progress Payments – Alternate I Apr 2012 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

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.

http://www.acquisition.gov/far http://farsite.hill.af.mil/

Project Office: Battle Mountain District Office Solicitation Number: 140L3920Q0066

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.

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 Internet Payment Platform System (IPP).

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

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

1. Itemized invoice to be uploaded and attached to the IPP electronic invoice identifying items and quantities in accordance with the Schedule of Items.

2. A Certification of Progress Payments form must be submitted with all progress/partial payments requests.

3. A Release of Claims is required to be submitted with the Final Invoice.

4. Certified Payroll Reports must be submitted to the COR weekly.

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 Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone

(866) 973-3131.

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

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 https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

Project Office: Battle Mountain District Office Solicitation Number: 140L3920Q0066 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 designated COR for this project is:

To be determined at time of award

1510.322 Procurement Office Representative Apr 1998

The Procurement Office Representative for this requirement is:

Luis Gonzalez BLM NV State Office 1340 Financial Blvd Reno, NV 89502 Ph: 775-861-6719 Email: legonzalez@blm.gov

SECTION H – SPECIAL CONTRACT REQUIREMENTS

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.

Equip all diesel and/or gasoline operated engines with spark arresters.

Equip all machines with one shovel, and one 12 pound “ABC” fire extinguisher.

A basic Fire Safety Plan must be submitted by the successful contractor at the Pre-Work Conference.

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.

Project Office: Battle Mountain District Office Solicitation Number: 140L3920Q0066

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.

1510.304 Pre-Work Conference Aug 1999

After award a pre-work conference shall be held between the Contractor and the 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.

1510.305 Notice to Proceed Aug 1999

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

Work Hours Unless otherwise specified in Section C, Specifications, work hours under this contract shall be limited to the time between one-half hour before sunrise to one-half hour after sunset each day. No work will be done on Saturday, Sunday, or legal National Holidays unless authorized by the COR.

Environmental Interruption of Work The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions, fire danger, or because it is impracticable to work during the winter season. The Contractor will be given a resume work order which will document the date the work suspension ends. An allowance has been included in the contract time for all environmental delays. The count of contract time will therefore continue during all periods of suspension due to normal weather conditions, including fire danger. The Contractor will not be entitled to additional contract time for any suspensions except to the extent that they are due to unusually severe weather conditions. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

Project Office: Battle Mountain District Office Solicitation Number: 140L3920Q0066

Environmental Impact All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ); the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

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):

http://www.acquisition.gov/far http://farsite.hill.af.mil/

Clauses Title Date 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards Oct 2018 52.204-13 System for Award Management Maintenance Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Nov 2015 52.211-13 Time Extensions Sep 2000 52.211-18 Variation in Estimated Quantity (BLM Deviation – May 1987) 20%, 120%, 80% Apr 1984 52.213-4 Terms and Conditions – Simplified Acquisitions (Other than Commercial Items) Jun 2020 52.215-8 Order of Precendence – Uniform Contract Format Oct 1997 52.219-6 Notice of Total Small Business Set-Aside Mar 2020 52.219-28 Post Award Small Business Program Rerepresentation Mar 2020 52.222-3 Convict Labor Jun 2003 52.222-6 Construction Wage Rate Requirements Aug 2018 52.222-7 Witholding of Funds May 2014 52.222-8 Payrolls and Basic Records Aug 2018 52.222-9 Apprentices and Trainees Jul 2005 52.222-10 Compliance With Copeland Act Requirements Feb 1988

Project Office: Battle Mountain District Office Solicitation Number: 140L3920Q0066

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 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 52.222-50 Combating Trafficking in Persons Jan 2019 52.222-55 Minimum Wages Under Executive Order 13658 Dec 2015 52.223-6 Drug-Free Workplace May 2001 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving Aug 2011 52.225-13 Restrictions on Certain Foreign Purchases Jun 2008 52.228-2 Additional Bond Security Oct 1997 52.228-11 Pledges of Assets Augu 2018 52.228-14 Irrevocable Letter of Credit Nov 2014 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013 52.233-1 Disputes – Alternate I May 2014 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 52.236-2 Differing Site Conditions Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work Apr 1984 52.236-5 Material and Workmanship Apr 1984 52.236-6 Superintendence by the Contractor Apr 1984 52.236-7 Permits and Responsibilities Nov 1991 52.236-8 Other Contracts Apr 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements Apr 1984

52.236-10 Operations and Storage Areas Apr 1984 52.236-11 Use and Possession Prior to Completion Apr 1984 52.236-12 Cleaning Up Apr 1984 52.236-13 Accident Prevention Nov 1991 52.236-17 Layout of Work Apr 1984 52.236-21 Specifications and Drawings for Construction Feb 1997 52.236-26 Preconstruction Conference Feb 1995 52.242-14 Suspension of Work Apr 1984 52.243-4 Changes Jun 2007 52.244-6 Subcontracts for Commercial Items Aug 2019 52.246-21 Warranty of Construction Mar 1994 52.249-1 Termination for Convenience of the Government (Fixed-Price)(Short Form) Apr 2012 52.249-10 Default (Fixed-Price Construction) Apr 1984 52.253-1 Computer Generated Forms Jan 1991 1452.203-70 Restriction on Endorsements - Department of the Interior Jul 1996

52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements Jan 2017

(a) Definitions. As used in this clause-

Project Office: Battle Mountain District Office Solicitation Number: 140L3920Q0066

Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b)The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c)The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d)The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e)In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f)The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

52.222-36 Equal Opportunity for Workers With Disabilities Jul 2014

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.228-13 Alternative Payment Protections Jul 2000

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

(i) A payment bond.

https://www.acquisition.gov/content/part-2-definitions-words-and-terms#i1125357

Project Office: Battle Mountain District Office Solicitation Number: 140L3920Q0066

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

(iii) A tripartite escrow agreement.

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

(c) The submission of the payment protection is required within 30 days of contract award.

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

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting

Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

52.252- 6 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 DIAR. (48 CFR 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

1452.204-70 Release Of Claims - Department of the Interior Jul 1996

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

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

SECTION J – LIST OF ATTACHMENTS

1. Statement of Work (17 pages)

2. Specs, Drawings, and Maps (14 pages)

3. Specification Section 07540 Document (15 pages)

4. Davis Bacon WD NV20200001 – Nye County (12 pages)

5. Bid Schedule (1 page)

Project Office: Battle Mountain District Office Solicitation Number: 140L3920Q0066

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, & OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

52.252-1 Solicitation Provisions Incorporated by Reference Feb 1998

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation clauses:

http://www.acquisition.gov/far http://farsite.hill.af.mil/

Clauses Title Date 52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment

Opportunity for Construction Feb 1999

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certifications Aug 2018

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation Jan 2017

(a) Definition. As used in this provision-

Internal confidentiality agreement or statement, subcontract, and subcontractor , are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

Project Office: Battle Mountain District Office Solicitation Number: 140L3920Q0066

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

52.204-8 Annual Representations and Certifications Mar 2020

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 238990, All Other Specialty Trade Contractors.

(2) The small business size standard is $16.5M (size standard in millions of dollars).

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph

(d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.acquisition.gov/content/52203-2-certificate-independent-price-determination#i1063268 https://www.acquisition.gov/content/part-13-simplified-acquisition-procedures#i1112458

Project Office: Battle Mountain District Office Solicitation Number: 140L3920Q0066

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

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

This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) 52.209-5, CertificationRegarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

https://www.acquisition.gov/content/52203-11-certification-and-disclosure-regarding-payments-influence-certain-federal-transactions#i1063408 https://www.acquisition.gov/content/52203-18-prohibition-contracting-entities-require-certain-internal-confidentiality-agreements-or-statements-representation#i52_203-18 https://www.acquisition.gov/content/52204-3-taxpayer-identification#i1063736 https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.acquisition.gov/content/52204-5-women-owned-business-other-small-business#i1063796 https://www.acquisition.gov/content/52204-26-covered-telecommunications-equipment-or-services-representation#id19CAC0P0ESS https://www.acquisition.gov/content/52209-2-prohibition-contracting-inverted-domestic-corporations-representation#i1062479 https://www.acquisition.gov/content/52209-5-certification-regarding-responsibility-matters#i1062558 https://www.acquisition.gov/content/52209-11-representation-corporations-regarding-delinquent-tax-liability-or-felony-conviction-under-any-federal-law#id165RA0UH01A https://www.acquisition.gov/content/52214-14-place-performance-sealed-bidding#i1059991 https://www.acquisition.gov/content/52215-6-place-performance#i1059247 https://www.acquisition.gov/content/52219-1-small-business-program-representations#i1057235

Project Office: Battle Mountain District Office Solicitation Number: 140L3920Q0066

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

https://www.acquisition.gov/content/52219-2-equal-low-bids#i1057302 https://www.acquisition.gov/content/52222-22-previous-contracts-and-compliance-reports#i1055729 https://www.acquisition.gov/content/52222-26-equal-opportunity#i1055793 https://www.acquisition.gov/content/52222-25-affirmative-action-compliance#i1055782 https://www.acquisition.gov/content/52222-26-equal-opportunity#i1055793 https://www.acquisition.gov/content/52222-38-compliance-veterans%E2%80%99-employment-reporting-requirements#i1056289 https://www.acquisition.gov/content/52223-1-biobased-product-certification#i1052963…