G15PS00449_Attch_1_T Cs.docx

Terms and Conditions – G15PS00449 – USGS HVO IT Consolidation 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.

52.203-3 – Gratuities (Apr 1984) 52.203-5 – Covenant Against Contingent Fees (May 2014) 52.203-6 – Restrictions on Subcontractor Sales to the Government (Sep 2006) 52.203-7 – Anti-Kickback Procedures (May 2014) 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 (Oct 2010) 52.203-17 – Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014) *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) 52.204-18 – Commercial and Government Entity Code Maintenance (Nov 2014) 52.204-19 – Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-6 – Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) 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 ninety (90) calendar days of receiving the notice to proceed.

*52.214-3 – Amendments to Invitations for Bids (Dec 1989) *52.214-4 – False Statements in Bids (Apr 1984) *52.214-5 – Submission of Bids (Mar 1997) *52.214-6 – Explanation to Prospective Bidders (Apr 1984) *52.214-7 – Late Submissions, Modifications, and Withdrawals of Bids (Nov 1999) *52.214-18 – Preparation of Bids – Construction (Apr 1984) *52.214-19 – Contract Award – Sealed Bidding – Construction (Aug 1996) *52.216-1 – Type of Contract (Apr 1984) With regard to the fill-in for the provision at 52.216-1, insert “firm-fixed price.”

52.219-6 – Notice of Total Small Business Set-Aside (Nov 2011) 52.219-8 – Utilization of Small Business Concerns (Oct 2014) 52.219-14 – Limitations on Subcontracting (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) 52.222-35 – Equal Opportunity for Veterans (Jul 2014) 52.222-36 -- Affirmative Action for Workers With Disabilities (Jul 2014) 52.222-37 – Employment Reports on Veterans (Jul 2014) 52.222-40 – Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 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) 52.223-6 – Drug-Free Workplace (May 2001) 52.223-12 – Refrigeration Equipment and Air Conditioners (May 1995) 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) *52.228-1 – Bid Guarantee (Sep 1996) With regard to the fill-in at 52.228-1(c), the amount of the bid guarantee or bid bond shall be equal to 20% of the bid price.

52.228-2 – Additional Bond Security (Oct 1997) 52.228-5 – Insurance – Work on a Government Installation (Jan 1997) Insurance shall be maintained with the following limits of liability:

· Bodily injury of not less than $200,000.00 per person/$500,000.00 per occurrence;

· Property damage of not less than $200,000.00 per occurrence/$500,000.00 in aggregate.

52.228-12 – Prospective Subcontractor Requests for Bonds (May 2014) 52.228-15 – Performance and Payment Bonds – Construction (Oct 2010) 52.229-3 – Federal, State, and Local Taxes (Feb 2013) 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) 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (Dec 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) 52.236-14 – Availability and Use of Utility Services (Apr 1984) 52.236-15 – Schedules for Construction Contracts (Apr 1984) 52.236-21 – Specifications and Drawings for Construction (Feb 1997) 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 Tuesday, 06/23/2015. Interested contractors should meet in the main lobby of the Hawaiian Volcano Observatory.

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) 52.249-2 – Termination for Convenience of the Government (Fixed –Price) (Alt 1) (Sep 1996) 52.249-10 -- Default (Fixed-Price Construction) (Apr 1984) 52.253-1 -- Computer Generated Forms (Jan 1991) (End of Clause) *52.233-2 -- Service of Protest, Department of the Interior DEVIATION (JUL 1996)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Jeffrey M Caravelli Contracting Officer DELIVER BY EMAIL TO jcaravelli@usgs.gov

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(c) A copy of the protest served on the Contracting Officer shall be simultaneously furnished by the protester BY MAIL to the Department of the Interior Assistant Solicitor, Acquisitions and Intellectual Property, 1849 C Street, NW., Room 6511, Washington, DC 20240.

(End of Provision) *Independent Review of Protests to the Agency Interested parties may request an independent review at a level above the Contracting Officer of protests filed directly with the agency. This review is available as an appeal of the Contracting Officer’s response to the protest. Requests for independent review shall be submitted to the Chief of the Contracting Office (see below), who will designate the official(s) to conduct the independent review:

Nancy V Miller Chief, Office of Acquisition and Grants, Sacramento Branch REQUEST BY EMAIL TO nancy_miller@usgs.gov (End of Provision)

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):

Steve Brantley 808-967-8827 srbrant@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)

(END OF DOCUMENT)

G15PS00449 - Terms and Conditions, Attachment 1 - Page 1 of 8