140S0323B0003_IFB_T_Cs.pdf

IFB 140S0323B0003 - Project WA-22-004, Electric and Melmont Mines, Carbonado Washington

SECTION B - SUPPLIES OR SERVICES/PRICES (CONTINUATION)

GENERAL

The United States Department of the Interior, Office of Surface Mining Reclamation and Enforcement (OSMRE), is issuing this Invitation for Bid (IFB) for Construction Services in accordance with the Federal Acquisition Regulation FAR part 36 and FAR 19.5. This is a 100% set aside for small business.

OSMRE is planning to award a single-award Construction services contract for the reclamation of hazardous abandoned coal mine sites. The North American Industry Classification System Code 562910 Remediation Services, with a small business size standard of $39.5 million dollars and Product Service Code Y1QA Construction of Restoration of Real Property (Public or Private), is applicable to the requirement.

SECTION C - DESCRIPTION/SPECIFICATIONS

BACKGROUND

Three abandoned mine land (AML) features related to historic coal mining have been located near the town of Carbonado, WA (Refer to Figures 1 and 2). Features CARB-05 and CARB-06 are related to the historic Electric Mine and are located off an unofficial hiking trail that parallels Burnett-Fairfax highway.

The third feature, MM-01, is visible and accessible from the Melmont Ghost Town hiking Trail. During the investigation and inventory of the features below, none of the features were venting dangerous gases.

CARB-05. Feature CARB-05 consists of a large funnel shaped opening about 21 feet wide near the base of a slope adjacent to the Carbon River. The opening continued into what appeared to be a main slope with a dip of about 40 degrees to the northeast. There is a large boulder partially blocking the main slope about 21 feet down from the entry. There is an approximately 7-foot-long rock overhang above the entry that contains loose cobbles/boulders ensnarled in tree roots.

CARB-06. Feature CARB-06 consists of an elliptical subsidence on a steep sloping hillside that measured approximately 10 feet long, by 5 feet wide, and 5.5 feet at its deepest point. The headwall of the feature was composed of a vertical rock face. The subsidence was funnel shaped with the deepest section near the northeast side of the vertical rock face. The floor of the subsidence was covered in vegetation and debris including branches and fallen leaves. The subsidence may be open to vertical workings below the debris. The feature was not apparent when approaching from the upslope trail. A berm of mounded soil approximately 1.5 feet high was present immediately downslope of the subsidence.

MM-01. Feature MM-01 consists of an approximately 18-foot-long by 16-foot-wide elliptical subsidence with an approximately 4-foot-diameter circular opening in the northeast end of subsidence. The opening extends downward at an approximate dip to the north of 30 to 35 degrees and was open for at least 25 feet from the base of the general subsidence. Visual observations indicate the opening extended further than 25 feet. This feature exhibited signs of active failure with exposed bare rock and ferns hanging off the steep northeast headwall of the feature. The feature is located upslope of the Melmont Ghost Town Hiking Trail.

Location/Property Owner and Access: Features CARB-05 and CARB-06 are related to the historic Electric Mine and are located off an unofficial hiking trail that parallels Burnett-Fairfax highway. The third feature, MM-01, is visible and accessible from the Melmont Ghost Town hiking Trail. The features are in the SE ¼ of SE ¼ of S16, T18N, R06E, in Pierce County, WA. Property owners are Pierce County Parks and The Foothills Rails to Trails Coalition. All access agreements are in place with the landowners.

Important: The extent, depth, and stability of historic mine workings in the project vicinity are unknown.

The area surrounding the feature may contain unstable mine workings that may be prone to sudden collapse, leading to surface subsidence or collapse that could pose a risk to construction equipment and personnel.

The Contractor is responsible for all site safety and should choose construction equipment and methods accordingly.

SCOPE

Feature CARB-05

The reclamation for Feature CARB-05, as presented in the specifications and shown on Plans C-7 and C-8, generally consists of the following tasks:

Remove the tree from the overhanging rock ledge. Scale loose cobbles, boulders, and other materials from the root ball. Scale loose material from the overhang, roof of the opening, and the root ball to at least the anticipated bulkhead location, as needed for site safety.

Install a polyurethane foam plug in the open workings using a contractor-designed temporary bulkhead.

Place an OSMRE monument and hazard sign.

Install a concrete veneer over the polyurethane foam plug.

Install a fence barricade across the opening.

Feature CARB-06

The reclamation for Feature CARB-06, as presented in the specifications and shown on Plan C-10, generally consists of the following tasks:

Remove debris from inside the subsidence and excavate loose soil from around the edge of the subsidence.

Install a polyurethane foam plug in the open workings using a contractor-designed temporary bulkhead.

Place an OSMRE monument.

Install a concrete veneer over the polyurethane foam plug.

Place excavated soil on top the concrete veneer and blend into the natural adjacent slope.

Feature MM-01

The reclamation for Feature MM-01, as presented in the specifications and shown on Plan C-12, generally consists of the following tasks:

Scale cobbles and other loose debris from near vertical headwall above the opening.

Remove loose debris from the mouth of the opening.

Install a polyurethane foam plug in the open workings using a contractor-designed temporary bulkhead.

Place an OSMRE monument.

Install a concrete veneer over the polyurethane foam plug.

Place excavated soil on top the concrete veneer.

Figure 1: CARB-05 and CARB-06 location in relation to the town of Carbonado

Figure 2: MM-01 location in relation to the town of Carbonado.

SECTION D – PACKAGING AND MARKING

NA

SECTION E - INSPECTION AND ACCEPTANCE

1452.236-80 Government Inspector LSM

Day-to-day inspection activities will be performed by the Contracting Officer's Representative (COR) or OSMRE Field Representatives.

52.246-12 Inspection of Construction AUG 1996

All aspects of the contract work shall be subject to the approval of the Contracting Officer’s Representative. (COR.) Any variance from the site-specific plans shall be approved by the COR and where appliable by the City of Saginaw Engineering Department before the variance work can begin.

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 contract, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 47 calendar days. The time stated for completion shall include final cleanup of the premises.

52.211-12 Liquidated Damages – Construction (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $500.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.211-18 Variation in Estimated Quantity APR 1984 52.242-14 Suspension of Work APR 1984

Referenced Section in Plans and Specs

Item

Minimum Required Submittal Information

01 10 00 Contractor’s Qualification

Statement Submit specified information to OSMRE with bid.

01 10 00

Personnel Data and Proposed

Equipment

Submit names of persons who will be working on the project, including subcontractors along with their qualifications and respective Davis-Bacon category and wage rate with bid. Submit a list of the type of equipment that will be used on this project with bid.

01 10 00 Construction Schedule

Submit a daily schedule of work to be completed for this contract with bid.

01 32 00 Contractor’s Daily Report Form

Submit a blank copy of daily report form three workdays before pre- construction meeting and completed forms daily as work proceeds.

01 35 29

Health and Safety Plan and Name/ Qualifications of

Competent Person

Submit a safety plan that meets requirements of Washington Administrative Code (WAC)-296-800-14005; three workdays before pre- construction meeting.

01 74 00

Seed Mix and

Fertilizer

Submit proposed seed mix and fertilizer at pre-construction meeting. Submit a copy of the seed bag label, showing constituents, at time of placement.

03 30 00

Concrete

Placement Plan

Submit a concrete placement plan that includes, mix proportions, type and quantity of any potential admixtures, and associated mix design number, mixing method, proposed consolidation equipment/plan, and proposed disposal location, three workdays before pre-construction meeting.

07 21 00

PUF

Material

Specification s and

Placement plan

Submit PUF manufacturer specifications, a placement plan, and qualifications of person who will be placing PUF three workdays before pre-construction meeting.

31 11 01

Tree Removal Plan

Submit a tree removal plan that includes proposed tools and methods used to fell the tree including fall direction, safety protocol, qualifications of individual responsible for felling the tree, and considerations for impacts to adjacent trees, three workdays before pre-construction meeting.

31 11 02

Scaling Work Plan

Submit a scaling work plan that includes scaling sequence, proposed tools and methods, safety provisions, and a debris removal plan, three workdays before pre-construction meeting.

32 31 26

Wire Fence Submittal

Submit the product data including manufacturer’s material description, construction detail, and dimensions of individual components and finishes, and proposed rockfall signage graphic, three workdays before pre- construction meeting.

SECTION G - CONTRACT ADMINISTRATION DATA

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014

Specifications and Drawings LSM 02AML

The specifications and drawings and any modifications thereto attached to this contract are by this reference made a part of this contract.

Offset of Payments LSM 23AML

Payments to the prime contractor may be subject to an offset as a result of prior agreements entered into between the Government and i) the prime contractor, or ii) subcontractors, employees, agents, and/or consultants utilized by the prime contractor under this contract. The offset may be for an amount greater than the cost of work performed by the subcontractors, employees, agents, and/or consultants if the agreement with the Government so stipulates.

Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (April 2013)

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

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

Included with the electronic IPP invoice shall be an attached itemized (printable) invoice.

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.

Invoice Submission

The vendor must submit an invoice for payment no later than 30 calendar days after the end of the month of performance of services for each month services are performed. The vendor must notify the contracting officer in writing if the invoice will not be submitted within the specified time frame. Invoices MUST be submitted ELECTRONICALLY. HARD COPIES OF INVOICES WILL NOT BE PROCESSED.

The contractor is responsible for ensuring invoices submitted are accurate and complete, and all labor, travel and other direct costs are in accordance with federal guidelines, the Federal Travel Regulations and other Government mandates and directives. Additional supporting documentation MAY BE REQUESTED at the https://www.ipp.gov/ https://www.ipp.gov/ discretion of the COR.

Invoice Contents

For Fixed-Price Contract Line Item Numbers (CLINs), detailed pricing will be provided per deliverable.

Invoices will be submitted upon successful delivery and Government acceptance of each deliverable. The contractor shall develop a payment schedule based on deliverables which will be reviewed by both the COR and CO. If the payment schedule is acceptable to the Government, the contractor shall bill based on the deliverable schedule accepted by the Government. Resulting orders will indicate the payment schedule accepted by the Government.

The invoice will contain the following:

A) CLIN/Item number of deliverable B) Description of deliverable C) Price of deliverable D) Qty of deliverable E) Date deliverable was provided to the Government for inspection.

F) Serial number/part number if applicable G) Cumulative CLINs delivered and cumulative paid on delivered CLINS H) Travel costs (Not to Exceed) - must include the name of the traveler, travel itinerary, purpose of travel (event, exercise, workshop, etc), and any other documentation requested by the COR for Finance/Administration. A copy of the approved travel request form is to be attached for reference.

Invoice Payment

Payments under this Order will be due 14 calendar days after the date of actual receipt of proper invoice in the office designated to receive the original invoice or final acceptance of the goods or services, whichever is later.

All payments will be made via electronic funds transfer (EFT). The date of payment by wire transfer through the Treasury Financial Communications System shall be considered to be the day payment is made.

Final Invoice

Within sixty (60) calendar days of product acceptance and/or completion of services for each awarded Order:

a) The contractor shall submit a final invoice designated as such by a clear statement of “FINAL INVOICE” on the face of the invoice document.

b) The contractor shall provide a certificate of completion which certifies all goods and service have been provided as required by the SOW issued with each awarded Order.

c) The contractor shall provide a release of claims against the Government for any further payment under the awarded Order.

The sixty (60) calendar day submission timeframe shall not be extended without written authorization from the CO. In the event items a, b, or c above are not submitted within the authorized timeframe, the CO will make final cost determinations in order to make final payment and close out the contract unilaterally.

1452.201-70 and Delegations (SEP 2011) Authorities

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

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

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

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

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

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

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

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

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

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

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

SECTION H - SPECIAL CONTRACT REQUIREMENTS

52.236-4 Physical Data (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. The indications of physical conditions on the drawings and in the specifications are the result of site investigations by OSMRE personnel.

1452.228-70 Liability Insurance (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:

$500,000 each person

$1,000,000 each occurrence

$500,000 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.

LSM 1452.236-81 Public and Private Road Maintenance

The Contractor shall maintain the public roads, private driveways, bridges and culverts in a condition equivalent to the preconstruction condition. Damage caused by the Contractor's equipment or vehicles will be repaired by the Contractor, at the Contractor's expense, at once to allow ingress and egress without delay or damage to passenger cars or other vehicles.

LSM 1452.236-82 Location and Protection of Utilities and other Improvements

(a) Prior to the initiation of work, the Contractor shall contact all utility companies and property owners in order to determine the exact location of utilities. All utilities in or near the construction area, both above and below ground, shall be located, protected, and if necessary, relocated by the Contractor prior to construction.

(b) Should damage to a utility occur, the Contractor shall immediately notify the affected utility company, the affected property owner and the COR.

(c) During grouting operations, the Contractor shall continuously monitor all structures and residences in and around the project area in order to avoid damage as a consequence of the work. In the event such damage does occur, the Contractor shall terminate operations immediately and notify the affected owner and the COR. The Contractor shall repair at the Contractor's expense any damage to those structures and residences, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work.

(d) Prior to project initiation, the Contractor shall water test all sewer lines that may be affected by project activities. The test shall consist of running a water-dye mixture through the sewer line for purposes of determining whether the line is in an open condition. The testing shall be performed in the presence of the Contractor, the Office of Surface Mining Reclamation and Enforcement (OSMRE) Representative, and the utility owner. The results shall be recorded and provided to each participant prior to the Contractor beginning any work on the site. There will be no separate compensation for the performance of sewer testing. Should the tests indicate that an obstruction or other deficiency exists within a tested sewer line, the Contractor shall take appropriate actions to ensure that its activities do not damage or affect the line. Work may be suspended by the Contracting Officer, in part or completely, in order to permit the owner of the affected sewer line to make repairs.

LSM 1452.236-83 Equipment responsibility

(a) All equipment shall be in satisfactory operating condition, capable of safely and efficiently performing the work required, and of a size commensurate with the work to be performed. Qualified operating personnel shall be provided by the Contractor for the operation of this equipment.

(b) The Contractor shall furnish and install all fuel, grease, cables, repair parts, tools, methane monitors, welders, and all other miscellaneous supplies and parts necessary for efficient and safe operation. Repairs and replacements shall be made by the Contractor at the Contractor's own expense, within 48 hours from the time of breakdown.

(c) The Contracting Officer or the COR may at any time inspect the Contractor's equipment on the job site. If said equipment is deemed inadequate or any part thereof improper, the Contractor shall replace or make repairs in a manner consistent with paragraph (b) above.

LSM 1452.236-85 Rights of entry - project site area

Rights of entry from the landowners within the project site area are the responsibility of OSMRE. Any property to be affected or utilized by the Contractor within the project site shall not be entered upon prior to coordinating with the COR.

LSM 1452.236-86 Storage Areas - Waste Areas - Borrow Areas

(a) The Contractor shall make arrangements for the handling, storage and protection of all materials and equipment to be used in this work area. Prior to the storage of any material on private property outside the project site area, the Contractor shall enter into a written agreement with the property owner granting permission for such storage. The agreement between the Contractor and the private property owner shall provide for the restoration of that property used for storage purposes in a manner consistent with the technical specifications of this contract.

(b) The Contractor shall make arrangements for the use of waste areas required for the disposal of unsuitable and/or surplus material. Prior to the use of any private property outside of the project site as a waste area, the Contractor shall enter into a written agreement with the property owner granting permission to use the land for such purposes. The agreement between the Contractor and the private property owner shall provide for the restoration consistent with the technical specifications of the contract.

(c) The Contractor shall make arrangements for the use of off-site borrow areas. Prior to the use of any private property as an off-site borrow area, the Contractor shall enter into a written agreement with the property owner granting permission to use the land for such purposes. The agreement between the Contractor and the private property owner shall provide for the restoration of the property in a manner consistent with the technical specifications of this contract.

(d) A copy of each agreement between the Contractor and a private property owner shall be provided to the COR. Each agreement must be approved by OSMRE prior to the storage of any material on the private property, or the use of the property as a waste area or borrow site.

LSM 1452.236-88 Detours, Traffic Control Plan, Traffic Barricades, Warning and Safety Protection Devices

(a) The Contractor shall adequately protect work under construction, as well as protect the public from accident and unnecessary inconvenience, with barricades, warning, and safety devices.

(b) Any barricades detour, and directional signs required for implementing the establishment of a detour and/or equipment entrance points, shall be furnished, erected and maintained by the Contractor. No separate compensation shall be allowed for permits, bonding of roads, traffic barricades, warning and safety protection devices, as it shall be considered part of the Contract bid lump sum price for mobilization and demobilization. Damaged, lost and/or stolen warning and safety protection devices shall be replaced with same by the Contractor within 12 hours with no additional compensation allowed for replacement of repair of such devices.

(c) The Contractor shall contact the State or local authority responsible for roads and highways regarding the requirements for the maintenance of traffic along any affected roadways for the duration of the contract.

LSM 1452.236-89 Open Fire Burning

Disposal of cleared and grubbed materials by burning will be permitted only insofar as the procedure complies with the provisions of all appropriate Local, County, State, and Federal Anti-Pollution measures adopted for this area. Such burning of materials shall be permitted only in areas designated by the COR.

LSM 1452.237-80 Safety, Regulations, Laws to be Observed

(a) The Contractor, its employees, and its subcontractors and employees shall abide by all safety rules applicable at the site of the work and shall comply with all applicable laws, ordinances, orders, codes, rules, regulations, etc. The Contractor shall furnish employees, including those of subcontractors, with recognized approved safety equipment, devices, and sanitary facilities and enforce compliance in their use consistent with accepted practices and applicable rules. The Contractor shall provide barricades, signs, and other safety equipment as required by Federal, State, or local codes.

(b) The Contractor shall comply with all regulations of the Occupational Safety and Health Act (OSHA) of 1970. The Government shall not be liable for any citations received by the Contractor as a result of failure to comply with applicable OSHA standards.

(c) All appropriate Township, County, State, and Federal Regulations, codes, and ordinances shall apply to this Contract. It shall be the Contractor’s sole responsibility to be aware of these regulations and to comply with them. The Government shall not be liable for any citations received by the Contractor.

(d) The Contractor, at all times, shall observe, comply with, and post as required all Federal, State and local laws, ordinances, and regulations in any manner affecting the conduct of the work applying to employees on the project, as well as all orders or decrees which have been or may be promulgated or enacted by any legal bodies or tribunals having authority or jurisdiction over the work, materials, employees, or contract.

(e) The Contractor shall be aware that the Government may request periodic inspections of the Contractor’s operations, facilities and equipment, by any applicable governing regulatory agency.

(f) If the Contractor fails or refuses to promptly comply with any of the requirements of this special provision, the Contracting Officer, or his authorized representative, shall notify the Contractor of the noncompliance and indicate to the Contractor the corrective action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, either oral or written, when served on the Contractor or his authorized representative(s) at the site of the work, shall be deemed sufficient notice of noncompliance and of the need for corrective action.

(g) In the event the Contractor fails or refuses to promptly take corrective action, the Contracting Officer or his authorized representative may issue an order to suspend all or any part of the work. When satisfactory corrective action is taken, an order to resume work will be issued. The Contractor shall not be entitled to any extension of time, nor to any claim for damages or to excess costs by reason of either the directive or the suspension order. Failure of the Contracting Officer or his authorized representative to order discontinuance of any or all of the Contractor’s operations shall not relieve the Contractor of his responsibility for the safety of personnel and property.

(h) Compensation for compliance with any of the above items is to be included in the various items of the Contract for the expense involved.

LSM 19AML Equitable Adjustment for Deleted Work

(a) If during the performance of this contract, a line item is deleted in its entirety, the contract will be subject to a downward equitable adjustment based upon what it would have cost the Contractor (including applicable overhead and profit) to perform the work if it had not been deleted from the contract.

(b) The bid price shall not automatically be considered the equitable adjusted price, but rather both parties shall reach a mutual agreement as to what the cost of the work (including applicable overhead and profit) would have been.

(c) If mutual agreement cannot be reached on the equitable adjustment, the Contracting Officer shall issue a final decision subject to the Disputes Clause.

SECTION I - CONTRACT CLAUSES

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

52.204-7 System for Award Management OCT 2018 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment

AUG 2020

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.211-13 Time Extensions SEP 2000 52.214-29 Order of Precedence - Sealed Bidding JAN 1986 52.219-6 Notice of Total Small Business Set-Aside (and Alternate I MAR 2020) NOV 2020 52.219-14 Limitations on Subcontracting OCT 2022 52.219-28 Post-Award Small Business Program Representation MAR 2023 52.222-3 Convict Labor JUN 2003 52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination - Debarment MAY 2014 52.222-13 Compliance with Davis-Bacon and Related Act Regulations MAY 2014 52.222-14 Disputes Concerning Labor Standards FEB 1988 0B52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for Construction APR 2015 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Affirmative Action for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-55 Minimum Wages Under Executive Order 13658 JAN 2022 52.223-2 Affirmative Procurement of Biobased Products Under Service and

Construction Contracts

SEP 2013

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving JUN 2020 52.225-13 Restrictions on Certain Foreign Purchases. FEB 2021 52.227-1 Authorization and Consent. JUN 2020 52.227-4 Patent Indemnity--Construction Contracts. DEC 2007 52.228-1 Bid Guarantee. SEP 1996 52.228-2 Additional Bond Security. OCT 1997 52.228-11 Pledges of Assets. FEB 2021 52.228-12 Prospective Subcontractor Requests for Bonds. DEC 2022 52.228-13 Alternative Payment Protections. JUL 2000 52.228-14 Irrevocable Letter of Credit. NOV 2014 52.228-15 Performance and Payment Bonds – Construction. JUN 2020 https://www.acquisition.gov/far/

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 52.233-1 Disputes. MAY 2014 52.233-3 Protest after Award. AUG 1996 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. NOV 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 and Alternate I

Accident Prevention. NOV 1991

52.236-16 Quantity Surveys. APR 1984 52.236-26 Preconstruction Conference. FEB 1995 52.243-4 Changes JUNE 2007 52.243-5 Changes and Changed Conditions. APR 1984 52.246-21 Warranty of Construction. MAR 1994 52.249-2 Termination for Convenience of the Government (Fixed Price) APR 2012 52.249-10 Default (Fixed-Price Construction) APR 1994

52.202-1 Definitions (JUN 2020)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless-

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;

(d) The word or term is defined in FAR part 31, for use in the cost principles and procedures; or

(e) The word or term defines an acquisition-related threshold, and if the threshold is adjusted for inflation as set forth in FAR 1.109(a), then the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment; see FAR 1.109(d).

(End of clause) https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-31#FAR_Part_31 https://www.acquisition.gov/far/part-1#FAR_1_109 https://www.acquisition.gov/far/part-1#FAR_1_109

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(Jan 2017)

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

“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.

52.225-9 Buy American-Construction Materials (OCT 2022)

a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item— http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/FAR02.doc#s21

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

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

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

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

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

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

Cost of components means—

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

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

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

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

(ii) A construction material manufactured in the United States, if– https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/25.105#FAR_25_105

(A)The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material.

The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together.

Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

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

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

NONE

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

(i)The cost of domestic construction material would be unreasonable.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1)The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(2)For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

(3)The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.

(1)The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at

FAR 25.105.

(2)For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.

https://www.acquisition.gov/far/12.505#FAR_12_505

(3)The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

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

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

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

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

(H) A detailed justification of the reason…