G15PS00410_Attch_1_T Cs.docx

Terms and Conditions – G15PS00410 – Honolulu 52.252-2 -- Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at https://www.acquisition.gov/far/.

The following clauses are incorporated by reference, with fill-ins noted where appropriate. Throughout this document, clauses marked with an asterisk (*) are provisions which apply to the solicitation but which will not be included in the resultant contract.

*52.204-7 – System for Award Management (Jul 2013) *52.204-8 – Annual Representations and Certifications (Dec 2014) 52.204-10 – Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) 52.204-13 – System for Award Management Maintenance (Jul 2013) *52.204-16 – Commercial and Government Entity Code Reporting (Nov 2014) *52.204-17 – Ownership or Control of Offeror (Nov 2014) 52.204-18 – Commercial and Government Entity Code Maintenance (Nov 2014)

52.209-10 – Prohibition on Contracting With Inverted Domestic Corporations (Dec 2014) 52.211-10 – Commencement, Prosecution, and Completion of Work (Apr 1984) With regard to fill-ins for the clause at 52.211-10, the contractor shall commence work within ten (10) calendar days of receiving the notice to proceed and complete work within seventy (70) calendar days of receiving the notice to proceed. See SOW for detailed schedule information.

52.219-6 – Notice of Total Small Business Set-Aside (Nov 2011) 52.219-28 – Post-Award Small Business Program Rerepresentation (Jul 2013) 52.222-3 -- Convict Labor (June 2003) *52.222-5 – Construction Wage Rate Requirements – Secondary Site of the Work (May 2014) 52.222-6 – Construction Wage Rate Requirements (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 1998) 52.222-11 -- Subcontracts (Labor Standards) (May 2014) 52.222-12 -- Contract Termination – Debarment (May 2014) 52.222-13 -- Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014) 52.222-14 -- Disputes Concerning Labor Standards (Feb 1988) 52.222-15 -- Certification of Eligibility (May 2014) 52.222-21 -- Prohibition of Segregated Facilities (Apr 2015) *52.222-23 – Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999) With regard to the fill-in for provision 52.222-23, the minority participation goal is 70.4% and the female participation goal is 6.9%.

52.222-26 -- Equal Opportunity (Apr 2015) 52.222-27 -- Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.222-36 -- Affirmative Action for Workers With Disabilities (Jul 2014) 52.222-50 -- Combating Trafficking in Persons (Mar 2015) 52.223-2 -- Affirmative Procurement of Biobased Products Under Service And Construction Contracts (Sep 2013) 52.223-3 Alt I. – Hazardous Material Identification and Material Safety Data, Alt. I (Jul 1995) 52.223-5 -- Pollution Prevention and Right-to-Know Information (May 2011) 52.223-15 – Energy Efficiency in Energy-Consuming Products (Dec 2007) 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 (Aug 2011) 52.225-9 -- Buy American Act–Construction Materials (May 2014) With regard to fill-ins for clause 52.225-9, there are no excepted materials.

*52.225-10 – Notice of Buy American Act Requirements – Construction Materials (May 2014) 52.225-13 -- Restrictions on Certain Foreign Purchases (June 2008) 52.227-4 – Patent Indemnity – Construction Contracts (Dec 2007) 52.228-13 – Alternative Payment Protections (Jul 2000) The contractor shall submit either a payment bond or an irrevocable letter of credit in the full contract amount within ten (10) days of contract award.

52.232-5 -- Payments Under Fixed-Price Construction Contracts (May 2014) 52.232-23 -- Assignment of Claims (May 2014) 52.232-27 -- Prompt Payment for Construction Contracts (May 2014) 52.232-33 -- Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) 52.233-1 – Disputes (May 2014) 52.233-3 -- Protest After Award (Aug 1996) 52.233-4 -- Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-2 -- Differing Site Conditions (Apr 1984) 52.236-3 -- Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-5 -- Material and Workmanship (Apr 1984) 52.236-6 -- Superintendence by the Contractor (Apr 1984) 52.236-7 -- Permits and Responsibilities (Nov 1991) 52.236-8 -- Other Contracts (Apr 1984) 52.236-9 -- Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) 52.236-10 -- Operations and Storage Areas (Apr 1984) 52.236-11 -- Use and Possession Prior to Completion (Apr 1984) 52.236-12 -- Cleaning Up (Apr 1984) 52.236-13 -- Accident Prevention (Nov 1991) 52.236-26 – Preconstruction Conference (Feb 1995) *52.236-27 – Site Visit (Construction), Alt. I (Feb 1995) An organized site visit has been scheduled for 10 AM local time on Wednesday, 6/10/2015. Interested contractors should ring the call box at the main gate of the Pacific Tsunami Warning Center along Fort Weaver Road prior to 10 AM. The site representative will open the gate for contractors to gather in the parking area near the flag pole. A sign-in sheet will be provided, and the site walk will begin from the flag pole promptly at 10 AM.

52.242-14 -- Suspension of Work (Apr 1984) 52.243-5 -- Changes and Changed Conditions (Apr 1984) 52.244-6 – Subcontracts for Commercial Items (Apr 2015) 52.246-12 -- Inspection of Construction (Aug 1996) 52.246-21 -- Warranty of Construction (Mar 1994) 52.249-1 -- Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984) 52.249-10 -- Default (Fixed-Price Construction) (Apr 1984) 52.253-1 -- Computer Generated Forms (Jan 1991) (End of Clause) Green Acquisition The USGS is committed to promoting the natural environment and protecting the health and well-being of people. In the performance of work under this contract, the Contractor shall exert its best efforts to provide services in a manner that will promote the natural environment and protect health and well-being. Green purchasing or environmentally preferable contracting includes the initiatives described below:

Alternative Fuels and Vehicles are described at http://www.afdc.energy.gov/afdc/ Biobased Products are described at http://www.biopreferred.gov/ Energy efficient products are described at http://energystar.gov/products for Energy Star products and at http://www.eere.energy.gov/femp/procurement for FEMP designated products.

Environmentally Preferable Computers are described at http://www.epeat.net Non-Ozone Depleting Products are described at http://www.epa.gov/Ozone/snap/index.html Recycled Products are described at http://epa.gov/cpg Water efficient products are described at http://epa.gov/watersense/ (End of Clause)

Authorities and Delegations (SEP 2011)

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

(b) The Contracting Officer hereby appoints as Technical Liaison (TL):

Mark Nelson USGS Geomagnetism Facilities Manager cell: 720-456-5433 office: 303-273-8483 email: mdnelson@usgs.gov

The TL is responsible for technical monitoring of the contractor’s performance and deliveries. Changes to this appointment must be made in writing by the Contracting Officer.

(c) The TL 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 and his authorized representative(s), such as the TL, acting within the scope and authority of their appointments. 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, if the TL or any other USGS employee has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the individual’s authority, 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 TL.

(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 TL acting within the scope of his authority, shall be at the Contractor's risk.

(End of Clause) Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (April 2013) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform system (IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

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

See FAR 52.222-8 and 52.232-5.

· Payrolls corresponding to the period being invoiced. Additionally:

· For progress payments, see 52.232-5(b) and (c)

· For final payment, a release of claims in accordance with 52.232-5(h)(3)

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.

(End of Clause) Incorporation of Wage Determination

Wage determination HI1, available here: http://www.wdol.gov/dba.aspx, is hereby incorporated and made a part of this contract through the revision current on the effective date of this contract. If this contract is modified, the wage determination shall update to its most current revision.

(End of Clause)

Unilateral Deobligation

The contractor shall submit all invoices under this award no later than ninety (90) calendar days after the period of performance has expired, unless a request for extension has been submitted to, and granted by, the Contracting Officer. After 120 calendar days have passed after the expiration of the period of performance, the Contracting Officer reserves the right to issue a unilateral modification deobligating any unexpended funds, and to initiate closeout procedures.

(End of Clause)

*Evaluation of Contractors

In addition to the general responsibility criteria outlined at FAR 9.104-1, the USGS has the following additional definitive responsibility criterion:

· Prospective contractors must hold an appropriate contractor’s license(s) in the State of Hawaii at the time quotations are due to be considered for this project. C-31 masonry, C-33 painting and decorating, and B general building contractor are all acceptable.

In selecting a contractor, the USGS will consider both the prospective contractor’s total proposed price and the USGS’ level of confidence that the prospective contractor will successfully perform the contract. Those two factors are approximately equal in importance to each other. In other words, the USGS may be willing to pay a higher price to a contractor in which it has higher confidence.

In assigning a level of confidence rating, the USGS will consider three (3) primary factors:

· Capability, which is the prospective contractor’s stated ability to perform “on paper;”

· Experience, which is the degree to and frequency with which the prospective contractor has performed relevant work before; and

· Past Performance, which is a measure of how well the prospective contractor has performed relevant work before.

It is the prospective contractor’s responsibility to submit sufficient information to allow a meaningful evaluation in each of these areas. Failure to do so will negatively impact the confidence assessment rating, which will be assigned on the following scale: “substantial confidence,” “satisfactory confidence,” “limited confidence,” or “no confidence.”

Regarding the experience and past performance assessments, more recent and relevant work will increase the confidence assessment rating. Contact information for at least three (3) independent references should be provided, and the USGS will utilize the Past Performance Information Retrieval System (PPIRS) to the extent data is available.

(End of Clause)

(END OF DOCUMENT)

G15PS00410 - Terms and Conditions, Attachment 1 - Page 1 of 7