0001_Atch_3_Provisions_Clauses_0001.pdf

Padre Island National Seashore

Replace Damaged Security Bollards

Part I The Schedule SECTION A Solicitation/Contract Form SECTION B Bid Schedule SECTION C Specifications/Drawings SECTION D Packaging and Marking SECTION E Inspection and Acceptance 52.246-12 Inspection of Construction. Inspection of Construction (Aug 1996) SECTION F Deliveries or Performance 52.236-15 Schedules for Construction Contracts DEVIATION (Jan 2026) 52.242-14 Suspension of Work (Apr 1984) SECTION G Contract Administration Data Submittal Process Request for Information (RFIs) Construction Schedule Requirements Schedule of Values 1452.201-70 Authorities and Delegations (Sep 2011) Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Feb 2021) Construction Contract Administration SECTION H Special Contract Requirements Part II Contract Clauses SECTION I Contract Clauses

CLAUSE INCORPORATED BY REFERENCE

52.202-1 Definitions (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) . 15 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards DEVIATION (Mar 2026)

52.204-13 System for Award Management Maintenance DEVIATION (Mar 2026) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded DEVIATION (May 2026) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.219-6 Notice of Total Small Business Set-Aside DEVIATION (Jan 2026) 52.222-3 Convict Labor (June 2003) 52.222-6 Construction Wage Rate Requirements DEVIATION (May 2026) 52.222-7 Withholding of Funds (May 2014) 52.222-8 Payrolls and Basic Records (Jul 2021) 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 Subcontracts (Labor Standards) DEVIATION (May 2026) 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) 52.222-35 Equal Opportunity for Veterans DEVIATION (May 2026) 52.222-36 Equal Opportunity for Workers With Disabilities DEVIATION (May 2026) 52.222-37 Employment Reports on Veterans DEVIATION (May 2026) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50 Combating Trafficking in Persons DEVIATION (May 2026) 52.222-54 Employee Eligibility Verification DEVIATION (May 2026) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) 52.222-90 Addressing DEI Discrimination by Federal Contractors DEVIATION (May 2026) 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts DEVIATION (May

2026) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2024) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

DEVIATION (May 2026) 52.226-7 Drug-Free Workplace (May 2024) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024)

52.227-4 Patent Indemnity-Construction Contracts (Dec 2007) 52.228-2 Additional Bond Security (Oct 1997) 52.228-12 Prospective Subcontractor Request for Bonds (May 2014) 52.232-5 Payments under Fixed-Price Construction Contracts (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) 52.236-2 Differing Site Conditions DEVIATION (Jan 2026) 52.236-3 Site Investigation and Conditions Affecting the Work DEVIATION (Jan 2026) 52.236-5 Material and Workmanship DEVIATION (Jan 2026) 52.236-6 Superintendence by the Contractor DEVIATION (Jan 2026) 52.236-7 Permits and Responsibilities DEVIATION (Jan 2026) 52.236-8 Other Contracts DEVIATION (Jan 2026) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements DEVIATION

(Jan 2026) 52.236-10 Operations and Storage Areas DEVIATION (Jan 2026) 52.236-11 Use and Possession Prior to Completion DEVIATION (Jan 2026) 52.236-12 Cleaning Up DEVIATION (Jan 2026) 52.236-13 Accident Prevention DEVIATION (Jan 2026) Alternate 1 (Nov 1991) 52.236-14 Availability and Use of Utility Services DEVIATION (Jan 2026) 52.236-17 Layout of Work DEVIATION (Jan 2026) 52.236-21 Specifications and Drawings for Construction DEVIATION (Jan 2026) 52.240-91 Security Prohibitions and Exclusions DEVIATION (Mar 2026) 52.243-5 Changes and Changed Conditions DEVIATION (Oct 2025) 52.244-6 Subcontracts for Commercial Products and Commercial Services DEVIATION (May 2026) 52.246-21 Warranty of Construction (Mar 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984) (ALT I)

(Apr 1984) 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.253-1 Computer Generated Forms DEVIATION (May 2026)

CLAUSES INCORPORATED BY FULL TEXT

1452.203-70 Restrictions on Endorsements (Jul 1996) 1452.204-70 Release of Claims–Department of Interior (Jul 1996) 1452.228-70 Liability Insurance-Department of the Interior (Jul 1996) 1452.236-70 Prohibition Against Use of Lead Based Paint (Jul 1996)’ 52.222-55 Minimum Wages Under Executive Order 14026 (Jan 2022) DEVIATION (Oct 2023) 52.225-9 Buy American–Construction Materials (Oct 2022) 52.228-11 Individual Surety - Pledges of Assets (Feb 2021) (DEVIATION May 2023) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.252-6 Authorized Deviations in Clauses (Nov 2020) 52.253-1 Computer Generated Forms (Jan 1991) DEVIATION (Oct 2025) Part III List of Documents, Exhibits, and Other Attachments SECTION J List of Attachments Part IV Representations and Instructions SECTION K Representations, Certifications, and Other Statements of Offerors

PROVISIONS INCORPORATED BY REFERENCE

52.203-18 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements -

Representation (Jan 2017) 52.240-90 Security Prohibitions and Exclusions Representations and Certifications DEVIATION (Mar 2026)

SECTION L Instructions, Conditions, and Notices to Offerors

PROVISIONS INCORPORATED BY REFERENCE

52.204-7 System for Award Management DEVIATION (Mar 2026) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.214-35 Submission of Offers in U.S. Currency (Apr 1991) 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work (May 2014) 52.225-10 Notice of Buy American Requirement--Construction Materials (May 2014)

PROVISIONS INCORPORATED BY FULL TEXT

52.216-1 Type of Contract (Apr 1984) 52.233-2 Service of Protest Department of the Interior (Sep 2006) (DEVIATION) (Jul 1996) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.252-5 Authorized Deviations in Provisions (Nov 2020)

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS OR RESPONDENTS

SECTION M EVALUATION FACTORS FOR AWARD

Part I The Schedule

SECTION A Solicitation/Contract Form

This solicitation is a Request for Quote (RFQ), in accordance with the Specifications/Drawings and is issued on

Standard Form (SF) 1442. Award of this contract will be made according to FAR Part 13 Simplified Acquisition

Procedures. All references to “proposal” or “bid” in this solicitation shall be understood to mean “quotation.” The

Government will evaluate all Quotations in an impartial manner and consideration will be given to those with the highest perceived value to the government based on responses to the evaluation factors identified in Section M.

Special Notice for Contractors Submitting Quotes

Signing of the offer shall be deemed to be a representation by the quoter that contractor owns, operates, or maintains a place of business, regularly engaged in construction projects that include having staff with experience required to perform the work described in this solicitation. Quoted price must include all materials/labor/work/taxes to complete work outlined in the Specifications.

SECTION B Bid Schedule

Quote pricing shall be provided in accordance with Section L and is incorporated herein.

The contractor shall provide a lump sum quote inclusive of all costs to complete work as specified.

SECTION C Specifications/Drawings

Additional requirements information is provided in the solicitation, specifications, supporting documents and other pertinent attachments.

“Specifications and other supporting documents are attached and incorporated herein. Refer to SECTION J.”

SECTION D Packaging and Marking

SECTION E Inspection and Acceptance

52.246-12 Inspection of Construction. 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.

(End of clause)

SECTION F Deliveries or Performance

Work shall be completed by skilled personnel per industry standards and manufacturer specifications.

52.236-15 Schedules for Construction Contracts DEVIATION (Jan 2026) a)(1) Within five days after the work commences on the contract or another period of time determined by the Contracting Officer, the Contractor shall prepare and submit to the Contracting Officer for approval 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 work (including acquiring materials, plant, and equipment).

(2) 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.

(3) 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 continually update the actual progress in the schedule and shall submit it to the

Contracting Officer by the means prescribed in the contract for transmittals or as directed by the

Contracting Officer.

(c)(1) If the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to recover lost time and execute in accordance with the approved schedule, without additional cost to the

Government.

(2) Such steps may include increasing the number of shifts, overtime operations, days of work, and/or the amount of construction plant.

(3) The Contractor shall submit, for approval, supplementary schedule(s) that demonstrate how the lost time will be recovered.

(d) If the Contractor does not recover the lost time, the Contracting Officer may determine that the

Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the

Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

52.242-14 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.

SECTION G Contract Administration Data

(a) Contact Information:

The Contracting Specialist/Officer administrating the Contract:

Joanie M. Brzezinski

Contract Specialist/Officer

National Park Service

Telephone No. 605-574-0515

Email: joan_brzezinski@ios.doi.gov

(b) The Contracting Officer (CO) is the only person authorized to approve changes or modify any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CO. In the event the contractor effects any such change at the direction of any person other than the CO, the change will be considered made without authority and no adjustment will be made in the contract price to cover increase in costs incurred as a result thereof.

(c) Contractual problems, of any nature, which might occur during the life of the contract, must be handled in conformance with very specific public laws and regulations (e.g., Federal Acquisition Regulation), and must be referred to the CO for resolution. Only the CO is authorized to formally resolve such problems. Therefore, the contractor is hereby directed to bring all such contractual problems to the immediate attention of the CO.

(d) Any request for contract changes/modifications shall be submitted to the CO.

(e) The contractor and the Government may agree to perform a no-cost field change. Field changes are made when the change appears to be mutually beneficial to all parties and would not require changing the negotiated line items.

All field changes must be approved by the CO prior to execution.

(f) All correspondence concerning this contract, such as requests for information (RFI), explanation of terms, and contract interpretation, shall be submitted to the CO.

FINAL PAYMENT

Final payment will be made only after receipt of all payrolls to include subcontractors, SF 1413 Statement of

Acknowledgement for each subcontractor, project schedule, updated progress reports, material submittals, test reports, as-built drawings, warranty of construction, release of claims and any other documents requested by the contracting office as applicable. Contractor must provide a signed copy of the 'Release of Claims' to the Contract

Administrator upon submittal of final invoice.

AVAILABILITY OF UTILITIES SERVICES

Notwithstanding the provisions of contract clause FAR 52.236-14, Availability and Use of Utility Services, all reasonable required amounts of water, gas, electricity, etc., essential to contract performance shall be made available, at no cost to the contractor, from existing systems, outlets, and supplies. All temporary connections, outlets, and distribution lines as may be required will be installed by the contractor at the contractor's own expense.

UTILITIES CONSERVATION

The contractor will be required to participate in government energy conservation programs. For the purpose of this contract, utilities such as water, electricity, etc., will be furnished by the government at no cost to the contractor.

OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA) INSPECTIONS

The contractor shall be subject to inspections under the OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA) program by inspectors of the Department of Labor.

INTERIM AND FINAL INSPECTIONS

1. Prior to covering, enclosing, or hiding any of type work, the Contractor must contact the Government representative to perform an interim inspection. Failure to contact the Government representative perform an interim inspection prior to concealment may result in the Contractor being required to uncover performed work sufficiently to allow for proper inspection.

2. When ready for final inspection, the Contractor shall notify the CO and COR, requesting a final inspection in writing to the CO. The final inspection shall normally be requested a minimum of three (3) calendar days before the desired date or as otherwise negotiated with the Contracting Officer.

3. The final inspection will be onsite with the Contractor, the Contracting Officer’s Representative, and Contract

Specialist/Contracting Officer (when possible).

Submittal Process mailto:joan_brzezinski@ios.doi.gov

(a) This Section includes administrative and procedural requirements for submitting Shop Drawings, Product

Data, Samples, and other submittals.

(b) Submittal List: A submittal list is included in the scope of work document. The intent is to provide an overall summary of submittal requirements and not a comprehensive list. The requirements of the scope of work and contract terms and conditions still apply regardless of what is shown on the submittal list.

(c) Processing Time: Allow enough time for submittal review, including time for re-submittals. Time for review shall commence on Contracting Officer’s receipt of submittal. No extension of the contract time will be authorized because of failure to transmit submittals enough in advance of the work to permit processing, including re-submittals. Allow 5 business days for review of each submittal and resubmittal.

Allow additional time if coordination with subsequent submittals is required.

(d) Transmittal: All material submittals shall be transmitted using National Park Service form CM-16

(attached). Package each submittal individually and appropriately for transmittal and handling. Submittals received from sources other than the Contractor will be returned without review.

(e) The Contractor shall number each submittal sequentially. Revised submittals (resubmittals) shall include an appropriate revision number.

(f) (f) Re-submit submittals until they are marked “Approved” or “Approved with notations.” Use only final submittals with mark indicating “Approved” or “Approved with notations.”

Request for Information (RFIs)

(a) Immediately on discovery of the need for additional information or interpretation of the contract documents, Contractor shall prepare and submit an RFI utilizing the form provided by the CO (attached) or one created by the Contractor that is approved by the CO. The content of the RFI shall include a detailed description of elements requiring clarification. Include all relevant facts and circumstances in the RFI. The

Contractor shall sequentially number each RFI.

(1) CO will not respond to RFIs submitted by other entities controlled by Contractor.

(2) Coordinate and submit RFIs in a prompt manner to avoid delays in the work.

(b) Content of the RFI: Include a detailed, legible description of item needing information or interpretation and the following:

(1) RFI number, numbered sequentially.

(2) Date.

(3) RFI subject.

(4) Specification Section number and title and related paragraphs, as appropriate.

(5) Drawing number and detail references, as appropriate.

(6) Field dimensions and conditions, as appropriate.

(7) Contractor's suggested resolution. If Contractor's suggested resolution impacts the contract time or the contract amount, Contractor shall state impact in the RFI.

(8) Contractor's signature.

(9) Attachments: Include sketches, descriptions, measurements, photos, product data, shop drawings, coordination drawings, and other information necessary to fully describe items needing interpretation.

Include dimensions, thicknesses, structural grid references, and details of affected materials, assemblies, and attachments on attached sketches.

(c) Contracting Officer’s Action: CO will review each RFI, determine action required, and respond. CO will determine the critical nature of each RFI and issue a response accordingly. The following are not considered to be RFIs and will receive no action:

(1) Requests for approval of submittals.

(2) Requests for approval of substitutions.

(3) Incomplete RFIs or inaccurately prepared RFIs.

(d) CO's action on RFIs may result in the need for a change to the contract time or the contract amount. All contract changes will be processed following the terms and conditions of the contract.

Construction Schedule Requirements

After contract award and a minimum of 3 days prior to the Pre-Construction conference, submit a baseline schedule for the construction period. The purpose of the Construction Schedule is to ensure adequate planning, coordination, scheduling, and reporting during execution of the work by the Contractor. The Construction Schedule will assist the

Contractor, Contracting Officer, and Contracting Officer Representative, in monitoring the progress of the work, evaluating proposed changes, and processing progress payments. Prepare the Construction Baseline Schedule to show the order in which the Contractor proposes to perform the Work, and the dates on which the Contractor contemplates starting and completing all activities required. Indicate the estimated duration, sequence requirements, and relationship of each activity in relation to other activities. Consider seasonal weather conditions in planning and scheduling all work influenced by high and low ambient temperatures, wind, or precipitation to ensure completion of all work within the contract time. Contractor shall be responsible for revising schedule to include any approved updates and/or revisions.

Schedule of Values

(a) Breakdown each lump-sum item into component work activities used in the schedule, for which progress payments may be requested. The work activities broken out within the schedule of values shall be integrated into and made a logical part of the construction baseline schedule submitted under this specification. The total costs for the component work activities shall equal the contract price for that lump-sum item. The Contracting Officer may request data to verify accuracy of dollar values. Include mobilization, general condition costs, overhead and profit in the total dollar value of unit price items and in the component work activities for each lump-sum item. Do not include mobilization, general condition costs, overhead or profit as a separate item.

(b) Do not break down unit price items. Use only the contract price for unit price items.

(c) The total cost of all items shall equal the contract price. The Schedule of Values will form the basis for progress payments.

(d) An acceptable Schedule of Values shall be agreed upon by the Contractor and Contracting Officer before the first progress payment is processed.

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.

The COR for this contract will be:

(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.

(End of Local Clause)

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Feb 2021)

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 following documents are required to be submitted as an attachment to the IPP invoice:

1. Copy of vendor invoice document in PDF format, completed on the pay application document provided by contracting, which shows pricing breakdown for all line items. Once all signatures (Contractor’s / COR / CO) and approvals are completed on the pay application, the vendor can then upload this document into IPP as their invoice attachment.

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 proposal or quotation.

(End of Local Clause)

Construction Contract Administration

Federal Acquisition Regulation (FAR) 36.211(b) requires agencies to provide description of policies and procedures that apply to definitization of equitable adjustments for change orders under construction contracts and data on the time required to definitize equitable adjustments for change orders under construction contracts. This information can be found at: https://www.doi.gov/pam/acquisition/policy/constructioncontract.

https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov https://www.doi.gov/pam/acquisition/policy/constructioncontract

SECTION H Special Contract Requirements

Part II Contract Clauses

SECTION I Contract Clauses

CLAUSE INCORPORATED BY REFERENCE

52.202-1 Definitions (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) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards DEVIATION (Mar 2026)

52.204-13 System for Award Management Maintenance DEVIATION (Mar 2026)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded DEVIATION (May 2026)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

52.219-6 Notice of Total Small Business Set-Aside DEVIATION (Jan 2026)

52.222-3 Convict Labor (June 2003)

52.222-6 Construction Wage Rate Requirements DEVIATION (May 2026)

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) DEVIATION (May 2026)

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)

52.222-35 Equal Opportunity for Veterans DEVIATION (May 2026)

52.222-36 Equal Opportunity for Workers With Disabilities DEVIATION (May 2026)

52.222-37 Employment Reports on Veterans DEVIATION (May 2026)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

52.222-50 Combating Trafficking in Persons DEVIATION (May 2026)

52.222-54 Employee Eligibility Verification DEVIATION (May 2026)

52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022)

52.222-90 Addressing DEI Discrimination by Federal Contractors DEVIATION (May 2026)

52.223-2 Reporting of Biobased Products Under Service and Construction Contracts DEVIATION (May

2026)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2024)

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

DEVIATION (May 2026)

52.226-7 Drug-Free Workplace (May 2024)

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024)

52.227-4 Patent Indemnity-Construction Contracts (Dec 2007)

52.228-2 Additional Bond Security (Oct 1997)

52.228-12 Prospective Subcontractor Request for Bonds (May 2014)

52.232-5 Payments under Fixed-Price Construction Contracts (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)

52.236-2 Differing Site Conditions DEVIATION (Jan 2026)

52.236-3 Site Investigation and Conditions Affecting the Work DEVIATION (Jan 2026)

52.236-5 Material and Workmanship DEVIATION (Jan 2026)

52.236-6 Superintendence by the Contractor DEVIATION (Jan 2026)

52.236-7 Permits and Responsibilities DEVIATION (Jan 2026)

52.236-8 Other Contracts DEVIATION (Jan 2026)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements DEVIATION

(Jan 2026)

52.236-10 Operations and Storage Areas DEVIATION (Jan 2026)

52.236-11 Use and Possession Prior to Completion DEVIATION (Jan 2026)

52.236-12 Cleaning Up DEVIATION (Jan 2026)

52.236-13 Accident Prevention DEVIATION (Jan 2026) Alternate 1 (Nov 1991)

52.236-14 Availability and Use of Utility Services DEVIATION (Jan 2026)

52.236-17 Layout of Work DEVIATION (Jan 2026)

52.236-21 Specifications and Drawings for Construction DEVIATION (Jan 2026)

52.240-91 Security Prohibitions and Exclusions DEVIATION (Mar 2026)

52.243-5 Changes and Changed Conditions DEVIATION (Oct 2025)

52.244-6 Subcontracts for Commercial Products and Commercial Services DEVIATION (May 2026)

52.246-21 Warranty of Construction (Mar 1994)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984) (ALT I)

(Apr 1984)

52.249-10 Default (Fixed-Price Construction) (Apr 1984)

52.253-1 Computer Generated Forms DEVIATION (May 2026)

CLAUSES INCORPORATED BY FULL TEXT

1452.203-70 Restrictions on Endorsements (Jul 1996)

Restriction on Endorsements—Department of the Interior

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

Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

(End of clause)

1452.204-70 Release of Claims–Department of Interior (Jul 1996)

Release of Claims—Department of the Interior

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.

1452.228-70 Liability Insurance-Department of the Interior (Jul 1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the

Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of

America. The amounts of the insurance shall be not less than as follows:

$50,000.00 each person

$100,000.00 each occurrence

$100,000.00 property damage

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the

Government in such insurance. The certificate shall identify the contract number, the name and address of the

Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

1452.236-70 Prohibition Against Use of Lead Based Paint (Jul 1996)’

Paint containing more than .06 percent by weight of lead in paint, or the equivalent measure of lead in the dried film of paint already applied, shall not be used in the construction or rehabilitation of residential structures under this contract or any resulting subcontracts.

52.222-55 Minimum Wages Under Executive Order 14026 (Jan 2022) DEVIATION (Oct 2023)

(a) Definitions. As used in this clause—

United States means the 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American

Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.).

Worker –

(1)(i) Means any person engaged in performing work on, or in connection with, a contract covered by Executive

Order 14026, and–

(A) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the

Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV);

(B) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and

(C) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(ii) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).

(iii) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor’s Employment and Training

Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of

Apprenticeship.

(2)(i) A worker performs on a contract if the worker directly performs the specific services called for by the contract; and

(ii) A worker performs in connection with a contract if the worker's work activities are necessary to the performance of a contract but are not the specific services called for by the contract.

(b) Executive Order Minimum wage rate.

(1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $15.00 per hour beginning January 30, 2022.

(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2023, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor’s

Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than

90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on https://www.sam.gov (or any successor website), and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements

(Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates.

The applicable published E.O. minimum wage is incorporated by reference into this contract.

(3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers’ compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.

(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2).

Contractors shall consider any subcontractor requests for such price adjustment.

(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate

Requirements (Construction) statute.

(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.

(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker’s wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 23.230, Deductions.

(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.

(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance or any applicable contract establishing a minimum wage higher than the E.O. 14026 minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.

(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.

(10) The Contractor shall follow the policies and procedures in 29 CFR 23.240(b) and 23.280 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.

(c)(1) This clause applies to workers as defined in paragraph (a). As provided in that definition–

(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;

(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C.

214(c) are covered; and

(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the

Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State

Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.

(2) This clause does not apply to–

(i) Contracts or subcontracts to which the States of Texas, Louisiana, or Mississippi, including their agencies, are a party;

(ii) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the

E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;

(iii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contrac

Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to-

(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29

U.S.C. 214(a) ;

(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b) ; and

(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29

CFR part 541).

(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract

Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/agencies/whd/government-contracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.

(e) Payroll Records.

(1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker:

(i) Name, address, and social security number;

(ii) The worker’s occupation(s) or classification(s);

(iii) The rate or rates of wages paid;

(iv) The number of daily and weekly hours worked by each worker;

(v) Any deductions made; and

(vi) Total wages paid.

(2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer.

(3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator.

(4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 23.260 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected.

(5) Nothing in this clause limits or otherwise modifies the Contractor’s payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the

Fair Labor Standards Act, or any other applicable law.

(f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours.

(g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator,…