Attach-7-Past Performance and Clauses.pdf

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 from google search engine under Federal Acquisition Regulations (FAR).

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (MAY 2014

52.203-7 Anti-Kickback Procedures. JUN 2020

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. (SEP 2007)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. JUN 2020

52.203-14 Display of Hotline Poster(s). JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011)

52.204-13 System for Award Management Maintenance (OCT 2016)

52.204-8 Annual Representations and Certifications. MAR 2020

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. JUN 2020

52.209-5 Certification Regarding Responsibility Matters. AUG 2020

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, )

Suspended, or Proposed for Debarment AUG 2020

51.215-1 Instructions to Offerors-Competitive Acquisition. JAN 2017 52.215-2 Audit and Records - Negotiation. JUN 2020

52.219-14 Limitations on Subcontracting. (JAN 2017)

52.222-1 Notice to the Government of Labor Disputes. (FEB 1997)

52.222-3 Convict Labor. (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (MAY 2014)

52.222-6 Davis-Bacon Act. (MAY 2014)

52.222-7 Withholding of Funds (MAY 2014)

52.222-8 Payrolls and Basic Records. (MAY 2014)

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)

52.222-15 Certification of Eligibility. (MAY 2014)

52.222-21 Prohibition of Segregated Facilities. (APR 2015)

52.222-26 Equal Opportunity. (SEP 2016)

52.222-35 Equal Opportunity for Veterans. JUN 2020

52.222-36 Affirmative Action for Workers with Disabilities. JUN 2020

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam

Era, and Other Eligible Veterans. JUN 2020

52.222-50 Combating Trafficking in Persons. (MAR 2015)

52.222-54 Employment Eligibility Verification. (OCT 2015)

52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997)

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

52.223-6 Drug-Free Workplace. (MAY 2001)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (MAY 2008)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. JUN 2020

52.225-11- Buy American- Construction Material Under Trade Agreements OCT 2019 52.225-12 -Notice of Buy American Requirement—Construction Materials Under Trade Agreements (May 2014)

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.225-21 Required Use of American Iron, Steel, and Manufactured Goods--Buy American Act--Construction Materials. (MAY 2014) 52.225-22 Notice of Required Use of American Iron, Steel, and Manufactured Goods-( MAY 2014)

52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities – JUN 2020

52.227-1 Authorization and Consent. JUN 2020

52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007)

52.228-2 Additional Bond Security. (OCT 1997)

52.228-5 Insurance - Work on a Government Installation. (JAN 1997)

52.222-8 -- Payrolls and Basic Records AUG 2020

52.228-11 Pledges of Assets. (JAN 2012)

52.228-13 Alternative Payment Protections. (JUL 2000)

52.228-14 Irrevocable Letter of Credit. (NOV 2014)

52.229-3 Federal, State, and Local Taxes. (FEB 2013)

52.232-17 Interest. (MAY 2014)

52.232-23 Assignment of Claims. (MAY 2014)

52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration. (JUL 2013)

52.233-1 Disputes. (MAY 2014) Alternate I (DEC 1991)

52.233-3 Protest after Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.236-7 Permits and Responsibilities. (NOV 1991)

52.236-8 Other Contracts. (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984)

52.236-10 Operations and Storage Areas. (APR 1984)

52.236-11 Use and Possession Prior to Completion. (APR 1984)

52.236-13 Accident Prevention. (NOV 1991)

52.236-14 Availability and Use of Utility Services. (APR 1984)

52.236-17 Layout of Work. (APR 1984)

52.242-13 Bankruptcy. (JUL 1995)

52.242-14 Suspension of Work. (APR 1984)

52.244-6 Subcontracts for Commercial Items. AUG 2020

52.249-1 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate I (SEP 1996)

52.249-10 Default (Fixed-Price Construction). (APR 1984)

52.252-6 Authorized Deviations in Clauses. (APR 1984)

1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior (APR 1984)

1452.236-70 Prohibition Against Use of Lead-based Paint. (JUL 1996)

Section B--Supplies or Services/Prices

52.211-18 Variation in Estimated Quantity. (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

The attached Price Sheet will constitute the schedule line items or CLINs of this contract.

(End of clause)

Section C--Description/Specifications

The contractor shall perform all work contained in the specifications and drawings attached to this contract as an attachment 1 and 2 (refer to Section J below)

Section D--Packaging and Marking

(None)

Section E--Inspection and Acceptance

52.236-5 Material and Workmanship. (APR 1984)

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

(b) The Contractor shall obtain the Contracting Officer's approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer's approval of the material or articles which the Contractor contemplates incorporating into the work.

When requesting approval, the Contractor shall provide full information concerning the material or articles.

When directed to do so, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

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

52.236-21 Specifications and Drawings for Construction. (FEB 1997)

(a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided.

(b) Wherever in the specifications or upon the drawings the words directed, required, ordered, designated, prescribed, or words of like import are used, it shall be understood that the direction, requirement, order, designation, or prescription, of the Contracting Officer is intended and similarly the words approved, acceptable, satisfactory, or words of like import shall mean approved by, or acceptable to, or satisfactory to the Contracting Officer, unless otherwise expressly stated.

(c) Where as shown, as indicated, as detailed, or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word provided as used herein shall be understood to mean provide complete in place, that is furnished and installed.

(d) Shop drawings means drawings, submitted to the Government by the Contractor, subcontractor, or any lower tier subcontractor pursuant to a construction contract, showing in detail (1) the proposed fabrication and assembly of structural elements, and (2) the installation (i.e., fit, and attachment details) of materials or equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the contractor to explain in detail specific portions of the work required by the contract. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract.

(e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor's approval may be returned for resubmission. The Contracting Officer will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the Government's reasons therefor. Any work done before such approval shall be at the Contractor's risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f) below.

(f) If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Contracting Officerapproves any such variation, the Contracting Officer shall issue an appropriate contract modification, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued.

Alternate II (Apr 1984).

(g) Upon completing the work under this contract, the Contractor shall furnish the number of copies sets as required by the COTR of prints of all shop drawings as finally approved. These drawings shall show changes and revisions made up to the time the equipment is completed and accepted.

52.246-12 Inspection of Construction. (APR 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.

52.236-6 Superintendence by the Contractor. (APR 1984)

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

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

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) and Construction Inspector (CI), as required, at time of award. The COR and CI will be responsible for technical monitoring of the contractor's performance and deliveries. The COR and CI 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 and CI are 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 or CI has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's or CI'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, COR and CI.

(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 or CI acting within his or her appointment, shall be at the Contractor's risk.

Section F--Deliveries or Performance

FAR 28.307-2 – Liability Insurance

1. General liability= Minimum. $500,000 per occurrence

2. Automobile liability.

a Minimum $200,000 per person, b Minimum $500,000 per occurrence for bodily injury and

c. Minimum $20,000 per occurrence for property damage.

3. Workers’ compensation and employer’s liability= Minimum $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

(a) Workers’ compensation and employer’s liability. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

(b) General liability.

(1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(End Clause)

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

(i) A payment bond.

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

(iii) A tripartite escrow agreement.

(iv) Certificates of deposit. The contractor deposits certificates of deposit from a federally insured financial institution with the contracting officer, in an acceptable form, executable by the contracting officer.

(v) A deposit of the types of security listed in 28.204-1 and 28.204-2.

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

(c) The submission of the payment protection is required within 15 days of contract award.

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

52.211-12-Liquidated Damages -- Construction (Sept 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 $200.00 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.

(End of Clause)

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

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

(End of Clause)

52.236-15 Schedules for Construction Contracts. (APR 1984) http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/28.htm#P306_49794 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/28.htm#P310_50993

(a) The Contractor shall, within 15 days after contract award prepare and submit to the Contracting Officer for approval 1 scanned emailed copy of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer.

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

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

FWS-R2—local clause-1- Contractor Submittal Clause

In accordance with Contract clause 52.236-5- Material and Workmanship, the contractor is required to comply with the following.

The primary responsibility for overall management and control of submittals lies with the contractor.

The contractor must integrate the submittal process into his QC Plan.

The submittals contemplated by the clause entitled, "Materials and Workmanship" and as required in the specifications, shall be accomplished on Form R2EN-021, Material Approval Submittal and submitted to the COTR by either e-mail or by mail.

Submittals shall be submitted to COTR 10 calendar days after receipt of contract award or as practical, for incorporation into the contract.

There will be no approval of submittals prior to bid opening and award. Submittals will be evaluated based on the requirements of the specifications and drawings, during the submittal process after contract award.

All submittals shall be approved by the COTR before items are incorporated in the work.

The COTR will approve or disapproved submittals within 7 calendar days from receipt from the contractor, plus transmittal time back and forth.

Do not commence work which requires review of any submittals until receipt of returned submittals with an acceptable action.

Note: Incorporation of materials in a project prior to receipt of approved submittals shall be solely at the risk of the contractor.

Unless stated otherwise in the individual specification section, provide 3 copies of submittals for use by the government, plus the number of submittals needed to be returned to the Contractor for use by Contractor, sub-contractors, suppliers, or others. If submitted by e-mail with electronic attachments, only one e-mail copy is required.

If mailing, the contractor shall mail to:

U.S. Fish & Wildlife Service Region 2, Division of Engineering - COTR- Jeff Johns 505-248-7955 email jeffrey_johns@fws.gov

The COTR may require the contractor to submit certificates, manufacturing brochures, etc... for the purposes of informational review and as support to submittal approval process.

The contractor is required to submit as many submittals for the COTR’s approval as practicable after acknowledging the receipt of award.

Typical submittals are categorized into the following submittal identifications:

Preconstruction Submittals Shop Drawings Product Data Samples Design Data Test Reports Certificates Manufacturer’s Instructions Manufacturer’s Field Reports Operation and Maintenance Data Closeout Submittals

Submittals shall come directly from the Contractor with their stamp and signature of approval; submittals will not be accepted from sub-contractors or suppliers.

Submittals must show clearly that the product, sample or shop drawing conforms to the specifications.

Completely identify each submittal by showing at least the following information:

1. Name and address of submitter (Contractor), plus name and telephone number of the individual to contact for further information.

2. Name of project as it appears in these specifications.

3. Contract number, submittal number, and specification section number to which the submittal applies.

4. Whether this is an original submittal or resubmittal.

5. Each item shall clearly note the manufacturer=s name and address, trade name, product, lot, style, color, catalog designation or model number, and locations of use.

Do not fabricate products or begin work which requires submittals until return of reviewed submittal with acceptance by the COTR is received.

mailto:jeffrey_johns@fws.gov

On return, promptly distribute reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions.

Revise and resubmit submittals as required within 15 days of return from initial review.

Identify all changes made since previous submittal.

52.246-21 Warranty of Construction. (MAR 1994)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of clause)

FWS R2 Local Clause-2-CONTRACT WORK HOURS (NOV 2007)

The performance period established for this contract is based upon all work being conducted during regular working hours. Regular working hours are limited to the time between 7:00 Am and 4:00 PM, Monday through Friday, excluding Government holidays. If the Contractor desires to carry on work outside regular hours, including Saturdays, Sundays, and Government holidays, a request must be submitted to the Contracting Officer Representative in sufficient time to allow satisfactory arrangements to be made by the Government for access to the work site and inspection.

(End of Clause)

FWS R2 local Clause-3-COMPLETION DATE (NOV 2007)

The period of performance of this contract shall be 60 calendar days from issuance of NTP.

(End of Clause)

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - Alternate I (APR 1984)

The Contractor shall be required to:

(a) commence work under this contract within 10 calendar days from issuance of NTP,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 60 days after award.

The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed not later than 60 days after award. .

The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of clause)

52.236-1 Performance of Work by the Contractor. (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least not less than See Below of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

52.219-14 Limitations on Subcontracting.

As prescribed in 19.508(e) or 19.811-3 (e), insert the following clause:

Limitations on Subcontracting (Jan 2017)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to-

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants;

and

(3) Orders set aside for small business or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c)By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for-

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

52.242-17 Government Delay of Work. (APR 1984)

(a) If the performance of all or any part of the work of this contract is delayed or interrupted

(1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or

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

(b) 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; and

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

(End of clause) https://www.acquisition.gov/content/part-19-small-business-programs#i1100931 https://www.acquisition.gov/content/part-19-small-business-programs#i1100084 https://www.acquisition.gov/content/part-8-required-sources-supplies-and-services#i1117805 https://www.acquisition.gov/content/part-16-types-contracts#i1104008

Section G--Contract Administration Data

FWS R2-4-Local Clause Construction Progress Payment Procedures

Before submitting FWS Application for Construction Progress Payment Form, as an attachment in IPP, the contractor must follow the below steps, as to not have the payment rejected, due to errors contained in the payment request, and delay the payment process.

Step 1.

Contractor submits draft progress payment using FWS Application for Construction Progress Payment Form to Field Inspector (FI), via attached to an e-mail, with a copy to the Contracting Officer for preliminary review.

Step 2.

Once the Field Inspector (FI) receives the FWS Application for Construction Progress Payment Form, via attachment by e-mail, the Field Inspector (FI) will review, per FI/CI DOI Manual, and sign his or hers portion of the payment application for, if all is current, accurate and complete.

If the FI, finds errors omissions or doesn’t agree with the percentage of completion, he or she will contact the Contracting Officer to provide the FI guidance on how to best proceed with the contractor.

If the Contracting Officer advises the FI to return the payment application back to the contractor for corrections, the FI will accomplish this task.

The contract or will make the required corrections and resubmit to the FI for review with a copy to the FI for approval and signature.

If FI approves and signs his or hers portion of the payment application, the FI will send via e-mail attachment the approved/signed copy of payment application for the contractor to submit in IPP.

Step 3.

Upon receipt of the FI’s signed FWS payment application, the contractor will prepare an invoice in the IPP system and upload the FWS Payment Application in IPP.

Step 4.

The IPP invoice and attached FI approved payment application will be send the COTR 1st for a review and recommendation to Contracting Officer for payment in the FBMS system. The COTR will review sign and forward the IPP invoice and FWS Payment Application to the Contracting Officer for payment approval.

Once the Contracting Officer receives the FWS payment application, he or she will review it in accordance with the contract terms and conditions and either approve payment request or disapprove payment request or withhold 10%, if progress or quality problems remain uncorrected.

Once CO approves payment request it will be forwarded to the USFWS Denver Operation Office for further review and for payment to the contractor’s bank via electronic funds transfer (EFT) procedures.

Final Inspection Process and Final Payment Procedures.

Ten (10) days prior to completion of all construction under the terms and conditions of the contract, the contractor will send an e-mail requesting a Final Inspection to the COTR, and FI with a copy of the request e-mailed to the Contracting Officer.

Once the COTR and FI approve the final inspection request, a time and date will be set by the COTR and FI to perform the final inspection, per attached specification normally within 7 calendar days.

A final Inspection form will be provided by the FI and will be used to conduct the inspection. At the end of the inspection, both the contractor and FI will sign the final inspection form.

Note: Either FI, COTR or both are authorized by Contracting Officer to perform the final inspection.

If both the FI and COTR perform the final inspection, both must sign the inspection form along with contractor.

As a result of final inspection, if there are any “Punchlist Items” noted on the final inspection Form, the contractor shall promptly correct or replace all deficiencies noted, per contract clause 52.246-12- Inspection before submitting the final request for payment.

If there are issues present in which cannot be resolved at the FI and COTR level, the contractor, FI and COTR will e-mail Contracting Officer of the issues for resolution.

When all punchlist items have been completed, if any, the contractor will notify by e-mail the FI, COTR and CO stating all punchlist items have been correct and request the FI and COTR verify completion of the corrected punchlist items.

If issue(s) still remain, the contractor, FI and COTR will e-mail Contracting Officer of the issues for resolution.

I there are no outstanding performance issues and all punchlist items have been corrected, the FI will send the final inspection checklist with all correction notes as complete and signed by the FI and or COTR or both with the contractor’s signature, the Contracting Officer will prepare and issue a Certificate of Final Acceptance to COTR, FI and contractor.

Upon receipt of the Certificate of Final Acceptance, the contract will submit the final payment request in accordance with Step 1 along with a DI-137 Release of Claims Form attached to pay application in IPP. The government will perform the all steps noted above for final payment.

Note: the term of the contract warranty will begin on the date the CO signs and dates the Certificate of Final Acceptance, per contract 52.246-21-Warranty for construction.

(End Clause)

FWS Local Clause-5-FWS ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) APRIL 2011

Beginning November 7, 2011, payment requests for all new awards must be submitted electronically through the U. S. Department of the Treasury's Internet Payment Platform System (IPP). Payment terms for existing contracts and orders awarded prior to November 7 remain the same. The Contractor must use IPP for contracts and orders awarded November 7 and later, and must use the non-IPP invoicing process for those contracts and orders awarded prior to November 7.

"Payment request" means any request for contract financing payment or invoice payment by the Contractor.

To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), "Payment documentation and process" and the applicable Prompt Payment clause included in this contract. The IPP website address is: https://www.ipp.gov

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

1. USFWS Application for Payment, and

2. Davis Bacon Payrolls for the payment period requested.

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

(End of clause)

Section H--Special Contract Requirements

DOI FAR Sup Clause-1452.204-70 Release of Claims (JUL 1996)

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI–

137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

(End of clause)

DOI FAR Sup Clause 144802-Environmental Interruption of work (AUG2001)

Environmental- The Contracting officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that maybe subject to damage due to weather conditions or fire danger. The Contractor will be given a resume work order which will document the date the work suspension ends. An allowance has been included in the contract time for short term environmental delays up to one day at a time. The count of contract time will therefore continue during work interruptions of one day or less, but the count of time will stop during work interruptions in excess of one day at a time. All periods of interruptions directed by the Government will be documented. The Contractor will not be entitled to additional monetary compensation of such suspensions regardless of duration.

Endangered Species—The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened of endangered plants or animals protected under the Endangered species Act of 1973, as amended or federal candidate (Category 1 and 2), sensitive or state listed species, identified under [33] BLM Manual 6840 are discovered to be present in or adjacent to the project area. Actions taken under this paragraph shall be subject to the Suspension of Work Clause in Section I FAR 52.242-14.

DOI FAR Sup Clause-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, http://www.ipp.gov/ the affected property owner and the COTR.

(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 COTR. 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 (OSM) 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.

(End of clause)

DOI FAR Sup Clause-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.

(…