B08_140L0623R0001_SF1442_Continuation_Regions_2___3_11_28_22.pdf

RFP 140L0623R0001

Federal Orphaned Well Program Plugging & Abandonment IDIQ

Regions 2 & 3

Type of Contract: Construction, Multiple Award IDIQ Contract Place of Performance: Various Sites, Continental United States NAICS: 213112 Support Activities for Oil and Gas Operations SB Size Standard: $41,500,000.00 Set Aside: Total Indian Small Business Economic Enterprise (ISBEE)

Points of Contract:

Paula Johnson, Contracting Officer pjohnson@blm.gov Scott Rydwell, Contract Specialist srydwell@blm.gov

Proposal Submittal Information:

Questions Due Date: December, 13, 2022 – 1200 MT

Solicitation 10/26/2022

Document No.

140L0623R0001

Document Title

Federal Orphaned Well Program – Plugging & Abandonment IDIQ (Regions 2 & 3)

TABLE OF CONTENTS

PART I – THE SCHEDULE

SECTION A – SOLICITATION / CONTRACT FORM

A-1 Supplemental Information

SECTION B – BID SCHEDULE

B-1 Pricing

B-2 Other Direct Costs

B-3 Options

SECTION C – SPECIFICATIONS / DRAWINGS

SECTION D – PACKING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES OR PERFORMANCE

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK - ALTERNATE I (APR

1984)

SECTION G – CONTRACT ADMINISTRATION DATA

1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

1452.204-70 RELEASE OF CLAIMS—DEPARTMENT OF THE INTERIOR (JUL 1996)

NOTICE TO CONTRACTORS - CONTRACTOR PERFORMANCE ASSESSMENT REPORTING

SYSTEM (DEC 2015)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INTERNET PAYMENT PLATFORM

(APR 2013)

G-1 Government Points of Contact

SECTION H – SPECIAL CONTRACT REQUIREMENTS

SPECIAL REQUIREMENT 1: KEY PERSONNEL

H-1 Preservation of Historical and Archeological Data

H-2 Federal Holidays

H-3 Tribal Taxes, Requirements and/or Restrictions

H-4 Ordering Procedures

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

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52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)

52.225-11 BUY AMERICAN-CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS

(NOVEMBER 2021) – ALTERNATE I (JAN 2021)

DIAR 1452.228-70 LIABILITY INSURANCE. (JUL 1996)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES. (NOV 2020)

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

SECTION J – LIST OF ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022)

52.204-24 REPRESENTATIONS REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES AND EQUIPMENT (NOV 2021)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-CERTIFICATION (NOV

2021)

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS – NOTICE AND REPRESENTATION (JUN

2020)

DIAR 1452.280-4 INDIAN ECONOMIC ENTERPRISE REPRESENTATION (FEBRUARY 2021)

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

PROVISIONS INCORPORATED BY REFERENCE

52.216-1 TYPE OF CONTRACT (APR 1984)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS – SECONDARY SITE OF THE WORK (MAY

2014)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT – CONSTRUCTION MATERIALS (MAY 2014)

52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT – CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAY 2014) – ALTERNATE II (JUNE 2009)

52.233-2 SERVICE OF PROTEST DEPARTMENT OF THE INTERIOR (SEPT 2006) (DEVIATION) (JUL 1996)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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DIAR 1452.280-1 NOTICE OF INDIAN SMALL BUSINESS ECONOMIC ENTERPRISE SET-ASIDE (FEB 2021)

L-1 Restrictions on Contacts

L-2 Submittal of Questions

L-3 Performance and Payment Bonds

L-4 Supplemental Instructions – Preparation of Proposal – Competitive Acquisition

SECTION M – EVALUATION FACTORS FOR AWARD

M-1 BASIS FOR CONTRACT AWARD

M-2 EVALUATION PROCESS

M-3 EVALUATION FACTORS

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PART I – THE SCHEDULE

SECTION A – SOLICITATION / CONTRACT FORM

A-1 Supplemental Information

1. The price schedule (Blocks 19-24) applicable to this IDIQ is available in Attachment 1 – IDIQ Pricing Schedule.

2. The Government will award up to four Indefinite Delivery Indefinite Quantity (IDIQ) contract(s) as a result of this solicitation.

3. The minimum contract value for all orders issued against each contract shall not be less than the minimum contract value stated in the following table. The maximum contract value for all orders issued against each contract shall not exceed the maximum quantity and contract value stated in the following table.

Minimum Contract Value

Maximum Contract Value

Task Order Minimum/Maximum

$25,000.00 $50,000,000.00 $10,000.00 / $2,000,000.00

4. Submitted offers shall be valid for 120 calendar days from the date specified for receipt of offers.

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SECTION B – BID SCHEDULE

B-1 Pricing

This Multiple Award IDIQ allows for the issuance of firm fixed price, labor hour, time and materials, and/or combination type task orders. Task order pricing shall be calculated based upon the labor, equipment and material rates no greater than those shown in Attachment 1 – IDIQ Pricing Schedule and other direct costs (ODCs) as noted below. The provided rates for all categories shall be fully loaded inclusive of G&A expense, overhead and profit. All hourly rates shall be in compliance with the Construction Wage Rate Determinations for the applicable location in which the work is executed.

Construction Wage Rate Determinations for all locations are available at the following link:

https://sam.gov/content/wage-determination

The contractor shall include prices only for equipment and materials detailed in Attachment 1 – IDIQ Pricing Schedule.

This provided list is the commonly used major equipment and materials and is not all inclusive. The equipment used shall be sized in accordance with the needs of the well site. If a smaller or larger sized machine, or alternative machine, would function more efficiently for conditions, the contractor should not be constrained to use the listed equipment only; rates for proposed alternate equipment shall be negotiated on a task order basis.

All equipment shall be priced on a "dry" basis. Fuel, oil, and grease shall be priced on a task-by-task basis. The per hourly rate shall be paid for up to eight (8) hours usage. The per day rate shall apply to usage between eight (8) hours and five

(5) working days. The per week rate shall apply for over five (5) working days. The contractor shall include a standby rate for all equipment. This may be a percentage of rates listed below or a specific rate. All standby rates for applicable equipment shall be no more 65% percent of the rates listed.

B-2 Other Direct Costs

Other Direct Costs (ODCs) are costs incidental to the pre-priced labor, equipment and material rates. ODCs are not pre-priced within this contract.

ODCs that are required to perform the requirements of individual task orders shall be identified and the price negotiated prior to task order award.

Task Orders may include items not pre-priced within this if all applicable acquisition regulations pertaining to the purchase of the items have been followed and the ordering activity Contracting Officer has determined the price for the items is fair and reasonable.

ODCs shall be calculated based upon the direct costs to the prime contractor. ODCs shall not include any prime contractor markups (e.g. overhead, profit, etc.). Examples include, but are not limited to:

Buckets/pails Rakes Shovels Hazardous material testing costing Travel costs

Travel Costs (air travel, rental car Fuel, Insurance, mileage, lodging, meals & incidentals): Prices shall be calculated in accordance with Federal Travel Regulations. Prices shall be calculated based upon anticipated commercial rates at the time and location of travel. See www.gsa.gov/federaltravelregulation for additional information.

B-3 Options Refer to Section I of this solicitation for additional information regarding contract options.

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SECTION C – SPECIFICATIONS / DRAWINGS

See Section J, Attachment 2 for the IDIQ Statement of Work and additional project specifications.

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SECTION D – PACKING AND MARKING

No clauses included.

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SECTION E – INSPECTION AND ACCEPTANCE

CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are incorporated by reference (by Citation Number, Title, and Date) per the clause at FAR “52.252-2 CLAUSES INCORPORATED BY REFERENCE” in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to a clause’s full text.

Clause Title Date 52.246-12 Inspection of Construction August 1996 52.246-13 Inspection -- Dismantling, Demolition, or Removal of Improvements August 1996

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SECTION F – DELIVERIES OR PERFORMANCE

CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are incorporated by reference (by Citation Number, Title, and Date) per the clause at FAR “52.252-2 CLAUSES INCORPORATED BY REFERENCE” in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to a

52.242-14 Suspension of Work April 1984

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract specified at the task order level after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the date specified at the task order level. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK - ALTERNATE I

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within the calendar day time period provided in the task order after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the calendar day time period provided in the task order after notice to proceed.* 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 by the date provided by the task order Contracting Officer. 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)

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SECTION G – CONTRACT ADMINISTRATION DATA

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) 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.

1452.204-70 RELEASE OF CLAIMS—DEPARTMENT OF THE INTERIOR (JUL 1996)

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

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NOTICE TO CONTRACTORS - CONTRACTOR PERFORMANCE ASSESSMENT REPORTING

SYSTEM (DEC 2015)

1. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3. We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

b. Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

c. All information provided should be reviewed for accuracy prior to submission.

d. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e. Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

6. The following guidelines apply concerning your use of the past performance evaluation:

a. Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

b. Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

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8. A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of Notice)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INTERNET PAYMENT PLATFORM

(APR 2013)

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

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

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

Each invoice shall be submitted on the Contractor’s letterhead or invoice form with the following:

1. Invoice date and government contract number.

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

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

4. Total amount due for the billing period.

5. Certification of progress payment.

6. Payrolls (mail weekly).

7. Substantiation of subcontractor payment.

8. A Release of Claims (See 1452.204-70) with a request for final payment.

A Progress Report shall be submitted to support each invoice and shall include a summary of work performed during the period of performance identified on the invoice, which at a minimum must include:

1. Activity: Description of the previous month’s project activities and the planned activities for the next month.

Describe the activities performed on contingency task(s), task or deliverable schedule, and identify any issues or concerns that may affect the performance and/or completion of the task(s).

2. Percentage Complete: In accordance with the accepted Schedule of Values, identify the percentage complete during the previous month and the cumulative percentage completed for each task/deliverable.

3. Schedule: Reconcile progress of each task/deliverable with the schedule identified for each. Submit a revised schedule as required.

4. Issues or Concerns: Identify issues and/or concerns that may affect the project Statement of Work or schedule.

5. Other Information: Any other information required in the contract to be included in the Progress Report.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The contractor government business point of contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of 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.

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G-1 Government Points of Contact

Paula Johnson Contracting Officer Bureau of Land Management, National Operations Center PO Box 25047 Denver, CO 80225 720-417-3005 pjohnson@blm.gov

Scott Rydwell Contract Specialist Bureau of Land Management, National Operations Center PO Box 25047 Denver, CO 80225 srydwell@blm.gov

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

SPECIAL REQUIREMENT 1: KEY PERSONNEL

(a) The Contractor shall assign to this contract the following key personnel:

Program Manager:

Plugging Designer:

Project Manager:

Site Superintendent:

Reclamation/Restoration Specialist:

(b) During the first 120 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 120-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel.

H-1 Preservation of Historical and Archeological Data

(a) The Historic and Archeological Data Preservation Act of 1974, provides for the preservation of historical and archeological data that might otherwise be lost as the result of alterations to the terrain caused by a federal or federally licensed activity or program.

(b) If, in connection with operations under this contract, the contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any possible historical or archeological data, objects or sites of cultural value on the project area, such as historical ruins, graves or grave markers, fossils, or artifacts, the contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the contracting officer in writing, giving the location and nature of the findings. No objects of cultural resource value may be removed.

(c) Where appropriate by reason of discovery, the contracting officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the Changes clause.

(d) The contractor will be responsible for protecting the cultural resources within the affected area from damage. In addition, the contractor will be liable for all damage to the identified cultural resources caused by their actions or the actions of their agents or representatives. The contractor shall immediately notify the contracting officer or his representative if any damage occurs to any cultural resource and immediately suspend work in the area in which damage has occurred until authorized to proceed.

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H-2 Federal Holidays

The following federal holidays are observed, to include those proclaimed by executive order:

New Year’s Day Martin Luther King, Jr. Day President’s Day Memorial Day Juneteenth Day Independence Day Labor Day Columbus Day Veterans’ Day Thanksgiving Day Christmas Day

H-3 Tribal Taxes, Requirements and/or Restrictions

Special attention is called to FAR Clause 52.229-3, Federal, State, and Local Taxes. Offerors are responsible for contacting the tax authorities and tribe or tribal organization involved with regard to any requirements regarding state taxes, tribal taxes, royalties and/or other applicable tribal laws or ordinances. Any costs associated with this section shall be included in the contractor firm fixed price proposal.

Contractor is responsible for contacting the appropriate Tribal Employment Rights Ordinance (TERO) office for coordination and approvals. See Attachment 6 – TERO Quick Guide for additional information.

H-4 Ordering Procedures

This IDIQ is open to ordering by warranted Contracting Officers from the Department of the Interior (DOI) and the United States Forest Service (USFS) within the Department of Agriculture (DOA). Contracting Officers (CO) or requesting customers that are utilizing this IDIQ shall complete the form field at the following link:

Link to be inserted at time of award.

At this link, the CO or requesting customer shall include the following data: a brief description of the services required, an Independent Government Estimate, an estimated Period of Performance and the name of the CO. All COs utilizing this IDIQ are individually responsible for verifying that the price ceiling has not been exceeded on the IDIQ, that the work to be performed is within the general scope of the IDIQ and that any required Determinations & Findings for use of other than firm-fixed price task orders are completed at the individual order level.

Upon receipt of any order issued hereunder, the contractor, pursuant to such order, shall furnish to the Government services of the type and at the prices set forth in the task order. Orders may be issued at the discretion of the Government during the period set forth elsewhere in this contract.

Each task order shall be placed in accordance with the following procedures:

1. The Government shall furnish the Contractor with a written task order request for proposal (RFP). The request shall include at a minimum:

a. A description of the specified work required.

b. Evaluation criteria and basis of award.

c. The desired project delivery schedule.

d. The place and manner of inspection and acceptance.

e. Inclusion of local Construction Wage Rate requirements, as applicable.

f. Any other pertinent information.

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2. The general work requirements performed under this contract may be subject to Construction Wage Rate Requirements. If necessary, the specific task order RFP shall denote its inclusion and incorporate the local wage determination that will apply to the resultant task order.

3. The Contractor shall, within the time specified, provide a task order proposal that addresses:

a. The technical/management approach that the Contractor is proposing to accomplish the work effort, including any assumptions made by the Contractor.

b. A detailed price proposal clearly identifying the labor categories and labor rates, equipment and materials included in Section B of the basic IDIQ contract; the proposed number hours allocated to each applicable labor category, proposed travel costs for the effort and any additional ODCs.

c. Any other applicable information or assumptions.

4. Upon receipt of the task order proposal, the CO and COR shall review all proposals to ensure acceptability to the Government and potentially enter into such discussions with the Contractor(s) as may be necessary to correct and/or revise the proposal costs and to reach agreement as to scope, schedule and price.

5. Upon completion of this process, the CO will prepare a task order which shall include:

a. Scope of Services, including references to applicable specifications,

b. The place and manner of inspection and acceptance,

c. The delivery date or period of performance,

d. Inclusion of local Construction Wage Rate requirements, as applicable.

e. Accounting and appropriation data, and

f. Any other pertinent information deemed necessary to the performance of the order.

6. Only upon receipt of such executed order, signed by a CO, shall the Contractor commence work

Contracting Officers must provide the RFP to all awardees within the respective regional pool before placing any task order above the micropurchase threshold.

Awardees are not required to submit proposals for every order requirement. Awardees are requested to notify the Contracting Officer that they will not be submitting a proposal for a task, including a brief statement as to the reasons why, by the date posted in the order notice

Exceptions to the fair opportunity process may be used per FAR 16.505(b)(2) provided that a written justification is included in the order file when required.

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PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are incorporated by reference (by Citation Number, Title, and Date) per the clause at FAR “52.252-2 CLAUSES INCORPORATED BY REFERENCE” in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to a

52.202-1 Definitions June 2020

52.203-3 Gratuities April 1984

52.203-5 Covenant Against Contingent Fees May 2014

52.203-6 Restrictions on Subcontractor Sales to the Government June 2020

52.203-7 Anti-Kickback Procedures June 2020

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity May 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May 2014

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

52.203-13 Contractor Code of Business Ethics and Conduct November 2021

52.203-14 Display of Hotline Poster(s) November 2021

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

June 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements January 2017

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

52.204-9 Personal Identity Verification of Contractor Personnel January 2011

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

52.204-13 System for Award Management Maintenance October 2018

52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts October 2016

52.204-18 Commercial and Government Entity Code Maintenance August 2020

52.204-19 Incorporation by Reference of Representations and Certifications December 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems November 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

November 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

November 2021

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

November 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters October 2018

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations November 2015

52.215-2 Audit and Records – Negotiation June 2020

52.215-21, Alt III Requirements for Certified Cost or Pricing Data and Data Other than Certified Cost or Pricing Data – Modifications

November 2021

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52.219-8 Utilization of Small Business Concerns October 2022

52.219-28 Post-Award Small Business Program Representation October 2022

52.222-3 Convict Labor June 2003

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation May 2018

52.222-6 Construction Wage Requirements August 2018

52.222-7 Withholding of Funds May 2014

52.222-8 Payrolls and Basic Records July 2021

52.222-9 Apprentices and Trainees July 2005

52.222-10 Compliance with Copeland Act Requirements February 1988

52.222-11 Subcontracts (Labor Standards) May 2014

52.222-12 Contract Termination-Debarment May 2014

52.222-13 Compliance with Construction Wage Rate Requirements and Related Act Regulations

May 2014

52.222-14 Disputes Concerning Labor Standards February 1988

52.222-15 Certification of Eligibility May 2014

52.222-21 Prohibition of Segregated Facilities April 2015

52.222-26 Equal Opportunity September 2016

52.222-27 Affirmative Action Compliance Requirements for Construction April 2015

52.222-35 Equal Opportunity for Veterans June 2020

52.222-36 Equal Opportunity for Workers with Disabilities June 2020

52.222-37 Employment Reports Veterans June 2020

52.222-40 Notification of Employee Rights Under the National Labor Relations Act December 2010

52.222-50 Combating Trafficking in Persons November 2021

52.222-54 Employment Eligibility Verification May 2022

52.222-55 Minimum Wages Under Executive Order 13658 January 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 January 2022

52.223-3 Hazardous Material Identification and Material Safety Data February 2021

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

August 2018

52.223-18 Encouraging Contractor Policy to Ban Text Messaging While Driving June 2020

52.223-21 Foams June 2016

52.225-13 Restrictions on Certain Foreign Purchases February 2021

52.227-1 Authorization and Consent June 2020

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement June 2020

52.227-4 Patent Indemnity – Construction Contracts December 2007

52.227-17 Rights in Data – Special Works December 2007

52.228-2 Additional Bond Security October 1997

52.228-5 Insurance – Work on a Government Installation January 1997

52.228-11 Pledges of Assets February 2021

52.228-12 Prospective Subcontractor Requests for Bonds May 2014

52.228-13 Alternative Payment Protections July 2000

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52.228-14 Irrevocable Letter of Credit November 2014

52.228-15 Performance and Payment Bond – Construction June 2020

52.229-3 Federal, State and Local Taxes February 2013

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

52.232-17 Interest May 2014

52.232-23 Assignment of Claims May 2014

52.232-27 Prompt Payment for Construction Contracts January 2017

52.232-33 Payment by Electronic Funds Transfer-- System for Award Management October 2018

52.232-39 Unenforceability of Unauthorized Obligations June 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors November 2021

52.233-1, Alt 1 Disputes May 2014 December 1991

52.233-3 Protest After Award August 1996

52.233-4 Applicable Law for Breach of Contract Claim October 2004

52.236-2 Differing Site Conditions April 1984

52.236-3 Site Investigation and Conditions Affecting the Work April 1984

52.236-5 Material and Workmanship April 1984

52.236-6 Superintendence by the Contractor April 1984

52.236-7 Permits and Responsibilities November 1991

52.236-8 Other Contracts April 1984

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

April 1984

52.236-10 Operations and Storage Areas April 1984

52.236-11 Use and Possession Prior to Completion April 1984

52.236-12 Cleaning up April 1984

52.236-13 Accident Prevention November 1991

52.236-14 Availability and Use of Utility Services April 1984

52.236-15 Schedules for Construction Contracts April 1984

52.236-17 Layout of Work April 1984

52.236-21, Alt I Specifications and Drawings for Construction February 1997 April 1984

52.236-26 Preconstruction Conference February 1995

52.242-13 Bankruptcy July 1995

52.242-14 Suspension of Work April 1984

52.243-4 Changes June 2007

52.244-6 Subcontracts for Commercial Products and Commercial Services October 2022

52.245-1 Government Property September 2021

52.245-9 Use and Charges April 2012

52.246-21 Warranty of Construction March 1994

52.248-3 Value Engineering – Construction October 2020

52.249-2, Alt I Termination for Convenience of the Government (Fixed-Price) April 2012 September 1996

52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements

April 2012

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52.249-10, Alt I Default (Fixed-Price Construction) April 1984

52.253-1 Computer Generated Forms January 1991

DIAR 1452.203-70 Restrictions on Endorsements – Department of the Interior July 1996

DIAR 1452.215-70 Examination of Records – Department of the Interior April 1984

DIAR 1452.236-70 Prohibition Against Use of Lead-Based Paint – Department of the Interior July 1996

DIAR 1452.280-2 Notice of Indian Economic Enterprise Set-Aside February 2021

DIAR 1452.280-3 Indian Economic Enterprise Subcontracting Limitations February 2021

52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in Addendum 2.0 Ordering Procedures. Such orders may be issued throughout the period of performance of the contract.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail.

Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of $2,000,000.00;

(2) Any order for a combination of items in excess of $2,000,000.00; or

(3) A series of orders from the same ordering office within 15 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

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52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after one year after the final ordering period.

52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN – ALTERNATE I (SEPT 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

Tiffany Harvey, U.S. Department of the Interior, 1849 C Street NW, Washington, D.C. 20240, (202) 513-7541, tiffany_harvey@ios.doi.gov

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(d) Contracts used by multiple agencies.

(1) This is a contract that is used by multiple agencies. Complaints from Contractors concerning orders placed under contracts used by multiple agencies are primarily reviewed by the task-order and delivery-order Ombudsman for the ordering activity.

(2) The ordering activity has designated the following task-order and delivery-order Ombudsman for this order:

[The ordering activity's contracting officer to insert the name, address, telephone number, and email address for the ordering activity's Ombudsman or provide the URL address where this information may be found.]

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(3) Before consulting with the task-order and delivery-order Ombudsman for the ordering activity, the Contractor is encouraged to first address complaints with the ordering activity's Contracting Officer for resolution. When requested by the Contractor, the task-order and delivery-order Ombudsman for the ordering activity may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days from the current completion date.

52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022) (DEVIATION SEP 2021)

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

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

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(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees to the following requirements in the performance of a contract assigned a North American Industry Classification System (NAICS) code applicable to this contract:

(1) Services (except construction). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded.

When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(i) The following services may be excluded from the 50 percent limitation:

(A) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code (562910), cloud computing services, or mass media purchases.

(B) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(3) General construction. It will not pay more than 85 percent of the amount paid by the…