Emerald_Terms_and_Conditions.doc

L15PS00334 Emerald Mountain Trailhead

Table of Contents

4Section 1

4Information to Offeror

59.1510.300—Signature Extension Page (Aug 1999)

6Section B—Supplies or Services and Prices

6B.1—Schedule of Items

6B.2—Evaluation for Award

6B.3—Bond Requirements

6Section C—Description and Specifications

6C.1—Statement of Work

6Section D—Packaging and Marking

6D.1—This section is not used.

7Section E—Inspection and Acceptance

7E.1—Clauses By Reference

7E.2—Inspection

7E.3—Acceptance

8Section F—Deliveries or Performance

8F.1—Clauses By Reference

8F.2—Commencement, Prosecution, and Completion of Work

8F.3—Charges for Actual Damages-Delayed Performance

9F.4-Liquidated Damages Construction

9Section G—Contract Administration Data

9G.1—Procurement Office Representative

10G.2—Contracting Officer’s Representative (COR) and/or Project Inspector (PI)

10G.3—Designated Government Office for Submitting Proper Invoice

10Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) APRIL 2011

11G.4—Authorities and Delegations

12G.5- Contractor Performance Assessment Reporting System (CPARS)

13G.6- Key Personnel

14Section H—Special Contract Requirements

14H.1—Work Hours

14H.3—Fire Danger Season

15H.4—Preservation of Historical and Archeological Data

15H..5—Drawings

15H.6—Pre-work Conference

16H.7—Notice to Proceed

16Section I—Contract Clauses

16I.1—Clauses Incorporated by Reference

19I.2—Buy American Act-Construction Materials

22I.3—Preconstruction Conference

22I.4—Subcontracts for Commercial Items

24I.5—Physical Data

25I.6--Bid Guarantee

25I.7—Additional Bond Security

26I.8—Authorized Deviations in Clauses

26I.9—Restrictions on Endorsements Department of the Interior

26I.10—Release of Claims-Department of the Interior

27I.11—Use of Foreign Construction Materials-Department of the Interior

28I.12—Liability Insurance-Department of the Interior

29Section J—List of Documents, Exhibits and Other Attachments

29J.1—Department of Labor Wage Determination

29J.2—Drawings/Maps/Site Location

30Section K—Representations, Certifications, and Other Statement of Offerors

30K.1 Solicitation Provisions Incorporated By Reference

30K.2—Taxpayer Identification

32K.3—Small Business Program Representations

36K.4—Previous Contracts and Compliance Reports

36K.5—Annual Representations and Certifications

41K.6—Certification Regarding Responsibility Matters

43K.7 Previous Contract and Compliance Reports

43K.8 Affirmative Action Compliance

43Section L—Instructions, Conditions and Notices to Bidders

43L.1—Solicitation Provisions Incorporated by Reference

44L.2—Type of Contract

44L.3 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

45L.4—Site Visit (Construction)-Alternate I

46L.5 Proposal Submission Requirements

48Section M—Evaluation Factors for Award

48M.1—Contract Award

48M.2 Evaluation Criteria

Section 1 Information to Offeror SITE VISIT – (a) The clauses at 52.236-2, Differing Site Conditions and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, you are urged and expected to inspect the site where the work will be performed.

An organized site visit has been scheduled for:

a. Date: Friday, June 5, 2015

b. Time:

10:00 am local time

c. Place:

Meet at the intersection of Routt County Roads 33 and 45.

Contractors shall provide their own transportation. Government transportation shall not be provided to contractors.

9.1510.300—Signature Extension Page (Aug 1999)

All persons participating in a "joint venture" shall sign as contractors, when submitting a quote. Spaces are provided below for additional signatures. A written acceptance is required; all signatures on the quote will be required on the written acceptance.

By: _______________________________________ By: ______________________________________

Name & Title: ______________________________ Name & Title: ______________________________

Address: __________________________________ Address: _________________________________

By: _______________________________________ By: ______________________________________

Name & Title: ______________________________ Name & Title: ______________________________

Address: __________________________________ Address: _________________________________

By: _______________________________________ By: ______________________________________

Name & Title: ______________________________ Name & Title: ______________________________

Address: __________________________________ Address: __________________________________

For persons involved in a "partnership" this quote must be signed in the partnership name. The contractor shall be prepared to furnish the Government, upon demand, a list of all partners, and proof that they have authority to sign for the partnership.

Section B—Supplies or Services and Prices

B.1—Schedule of Items

Attached as a separate file.

B.2—Evaluation for Award

Award will be made on a Schedule basis based on the available funds in accordance with Section L, Instructions, Conditions and Notices to Offeror, Clause 52.215-1, Instructions to Offerors – Competitive Acquisition and Section M, Evaluation and Award Factors.

B.3—Bond Requirements

This project requires 20% bid guarantee (FAR 52.228-1); 100% payment bond or payment protection (FAR 52.228-15); and 100% performance bond, as described in 52.228-15, regardless of dollar amount.

Section C—Description and Specifications

C.1—Statement of Work Attached as separate file:

· Specifications

· Drawings Section D—Packaging and Marking D.1—This section is not used.

Section E—Inspection and Acceptance

E.1—Clauses By Reference

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es):

www.acquisition.gov http://farsite.hill.af.mil/vffara.htm

E.2—Inspection

9.1510.301

INSPECTION

AUG 1999

(a) Work will be subject to periodic inspections by the Government to assure satisfactory progress, to determine quantities or work performed for progress payment purposes, to be certain that work is being performed in accordance with contract specifications, and to determine if work corrections are necessary.

(b) Inspection in the form of a review of all required reports will be performed by the Contracting Officer's Representative (COR). Accordingly, all reports, data, and documentation required by the contract will be submitted to the COR who will recommend approval/disapproval for acceptance purposes to the Contracting Officer.

(c) The Contractor shall notify the COR or the Project Inspector (PI) at least 3 days before the scheduled completion date, so the Government can schedule final inspection. The Contractor will not be granted a time extension to perform a work correction required as a result of a periodic or final inspection if such correction is necessary because of improper work by the Contractor. The Contractor or his authorized representative must be at the worksite at time of final inspection.

E.3—Acceptance

9.1510.302

ACCEPTANCE

AUG 1999

Final inspection and acceptance of all items/services to be delivered under this contract shall be the responsibility of the Contracting Officer. Quality of work is subject to verification by the COR, with final payment to be withheld pending completion of any necessary rework by the Contractor.

Section F—Deliveries or Performance

F.1—Clauses By Reference

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

F.2—Commencement, Prosecution, and Completion of Work

52.211-10

The Contractor shall be required to (a) commence work under this contract within 15 calendar days 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 90 days after receipt of Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

*The Government recognizes that seasonal climatic conditions may occur that restrict or prohibit normal construction activities. The anticipated length of the seasonal delay for this project is 5 days. This number of days has been included in calculating the stated period of performance. Therefore, the contract period of performance will not be extended due to normal seasonal weather delays.

F.3—Charges for Actual Damages-Delayed Performance 9.1510.303

CHARGES FOR ACTUAL DAMAGES-DELAYED PERFORMANCE

AUG 199

Should the Contractor fail to complete the work within the performance time allowed or any extension there or, and his right to proceed is not terminated, he shall, in the absence of a liquidated damages provision, be charged actual dames suffered by the Government which can be directly attributable to the Contractor’s delayed performance. Such damages shall include, but not necessarily be limited to, the Project Inspector’s hourly salary, per-diem, travel or other expenses as well as losses of Government-Furnished property which can be accurately determined.

F.4-Liquidated Damages Construction

(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 $512 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.

Section G—Contract Administration Data G.1—Procurement Office Representative

9.1510-322 PROCUREMENT OFFICE REPRESENTATIVE (AUG 1999)

The Procurement Office Representatives for this requirement is:

Contracting Officer

Felicia Salazar

Bureau of Land Management

Colorado State Office

2850 Youngfield Street

Lakewood, Colorado 80215

303-239-3678 fsalazar@blm.gov

G.2—Contracting Officer’s Representative (COR) and/or Project Inspector (PI)

9.1510.046

CONTRACTING OFFICER’S REPRESENTATIVE (COR) AND/OR PROJECT INSPECTOR (PI)

(APR 1998)

The COR and/or Project Inspector (PI) will be appointed by the Contracting Officer upon award of the contract. Such COR/PI will be responsible for giving the Contractor any special instructions or guidance necessary to complete delivery as required by the contract. The COR or PI does not have the authority to modify or in any way amend the terms of this contract.

The Contracting Officer’s Representative for this requirement is:

Gordon Gardunio

2815 H Road

Grand Junction, CO 81506

970-244-3186 ggarduni@blm.gov G.3—Designated Government Office for Submitting Proper Invoice

9.1510.047

DESIGNATED GOVERNMENT OFFICE FOR SUBMITTING

PROPER INVOICE

Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) APRIL 2011

Beginning May 1, 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 May 1 remain the same. The Contractor must use IPP for contracts and orders awarded May 1 and later, and must use the non-IPP invoicing process for those contracts and orders awarded prior to May 1.

"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:

Copy of contractor’s vendor commercial invoice

Payroll documents

Certification for progress payments under Fixed Price Construction Contracts The Contractor must use the IPP website to enroll, access and use IPP for submitting requests for payment. 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.

(End of Template) G.4—Authorities and Delegations

AUTHORITIES AND DELEGATIONS

(MAY 2010)

(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.

G.5- Contractor Performance Assessment Reporting System (CPARS)

(a) 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.

(b) 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.

(c) We request that you furnish the Contracting Officer 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. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) 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 http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 – 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating “No comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 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.” Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) 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 Contracting Officer for instructions.

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

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer 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 30-day review period.

(h) 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.

G.6- Key Personnel

(a) The contractor shall assign to this contract the following key personnel who will have the full authority to act on behalf of the contractor during performance of efforts hereunder:

Licensed Well Driller (state of Colorado license)

Superintendent

To be determined during negotiations (Individual names shall be included in the resultant contract as an attachment. Revisions in accordance with the provisions of this clause will be made by superseding letters to be included as a bilateral contract modification)

Supervision shall be the responsibility of the Contractor. Any Contract employee problems in performance, attendance, or other personal problems shall be referred to the On-Site Supervisor to be referred on to the Contractor.

(b) During the performance of the contract, the Contractor shall make no substitutions of those personnel unless the substitution is necessitated by illness, death, termination of employment, or otherwise approved by the CO. The Contractor shall notify the CO within 15 calendar days after the occurrence of any of these events and provide information required by paragraph (c) below. After the initial year, the Contractor shall submit the information required by paragraph (c) to the CO at least 15 calendar days prior to making any permanent substitution.

(c) Substitution of key personnel shall require the written approval of the CO. The Contractor shall provide an explanation of the circumstances necessitating the proposed substitution, complete resumes for the proposed substitutes, and any additional information requested by the CO. Proposed substitutions should have comparable qualifications to those of the persons being replaced. The CO will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The key listing of personnel shall be modified by superseding letters as a bilateral contract modification as stated in (a) above.

(d) The Government reserves the right to refuse any contractor employees recommended or referred by the Contractor.

Section H—Special Contract Requirements H.1—Work Hours

9.1510.015

WORK HOURS

Work hours under this contract shall be limited to the hours of 7:00 am to 4:00 pm. If you require extended hours, you must put in a written request with the Contract rating Officer. No work will be done on Saturday, Sunday, or legal National Holidays or Federal Holidays unless authorized by the COR.

National and Federal Holidays to be observed are:

New Year Day

Independence Day

Labor Day

Memorial Day

Martin Luther King’s Birthday

Columbus Day

President’s Day

Veteran’s Day

Thanksgiving Day

Christmas Day

The Contractor shall observe any other day designated by Federal statute, Executive Order or the Presidential proclamation.

When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed. All personnel assigned to perform under this contract shall limit their observation of holidays to those set forth above.

H.3—Fire Danger Season

9.1510-016

FIRE DANGER SEASON

If the COR allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR.

H.4—Preservation of Historical and Archeological Data 9.1510-018

PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA (APR 1998)

(a) Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.

(b) The Contractor agrees that should he or any of his employees in the performance of this contract discover evidence of possible scientific, prehistorical, historical, or archeological data he will notify the Contracting Officer immediately in writing giving the location and nature of the findings.

(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 applicable clauses in the Contract Clauses Section of this contract.

(d) The Contractor agrees to insert this paragraph in all subcontracts which involve the performance of work on the terrain of the site.

H..5—Drawings

9-1510-017

DRAWINGS

(a) Typical Drawings. Any drawings titled typical are general only and dimensions of each structure will be fixed by the Contracting Officer to adapt the design to existing conditions at the structure location.

(b) Reduced Size Drawings. Any drawings identified as "REDUCED SIZE DRAWINGS" appearing in the solicitation are photographically reduced in size. Accordingly, measurements and dimensions should not be taken or be based on any numerical scales shown. Prospective bidders desiring to review a copy of the full size drawings may contact the Contracting Officer identified in the solicitation.

H.6—Pre-work Conference

9-1510-304

PRE-WORK CONFERENCE

(AUG 1999)

After award a pre-work conference shall be held between the Contractor and COR. The date and time of the meeting shall be determined by the COR and the Contractor in consultation. Discussions relative to contract requirements and the specific responsibilities of each party will be conducted at this time.

H.7—Notice to Proceed

9.1510-305

NOTICE TO PROCEED

(AUG 1999)

After award of contract, the COR will issue a written notice to proceed to the Contractor. Issuance of such notice may be delayed for a reasonable time if adverse soil, vegetative, or climatologically conditions exist.

Section I—Contract Clauses

I.1—Clauses Incorporated by Reference

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vffara.htm

52.204-07

52.222-03

I.2—Buy American Act-Construction Materials

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

“Commercially available off-the-shelf (COTS) item”—

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

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

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

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

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

“Component” means an article, material, or supply incorporated directly into a construction material.

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

“Cost of components” means--

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

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

“Domestic construction material” means—

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

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: ______ [Contracting Officer to list applicable excepted materials or indicate “none”]

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

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

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

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

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] I.3—Preconstruction Conference

If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer’s notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

I.4—Subcontracts for Commercial Items

(a) Definitions. As used in this clause—

“Commercial item” has the meaning contained Federal Acquisition Regulation 2.101, Definitions.

“Subcontract” includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

(c)

(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509), if the subcontract exceeds $5,000,000 and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.

(iii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212(a));

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employments Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.

(x)

(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xi) 52.222-55, Establishing a Minimum Wage for Contractors (E.O. 13658) (Dec 2014).

(xii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013), if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

I.5—Physical Data

52.236-4 -- Physical Data (Apr 1984)

Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by __________ [insert a description of investigational methods used, such as surveys, auger borings, core borings, test pits, probings, test tunnels].

(b) Weather conditions __________ [insert a summary of weather records and warnings].

(c) Transportation facilities _________ [insert a summary of transportation facilities providing access from the site, including information about their availability and limitations].

(d) ___________ [insert other pertinent information].

I.6--Bid Guarantee

52.228-01

BID GUARANTEE

(SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds --

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3 million dollars, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

I.7—Additional Bond Security

The Contractor shall promptly furnish additional security required to protect the Government and persons supplying labor or materials under this contract if--

(a) Any surety upon any bond, or issuing financial institution for other security, furnished with this contract becomes unacceptable to the Government.

(b) Any surety fails to furnish reports on its financial condition as required by the Government;

(c) The contract price is increased so that the penal sum of any bond becomes inadequate in the opinion of the Contracting Officer; or

(d) An irrevocable letter of credit (ILC) used as security will expire before the end of the period of required security. If the Contractor does not furnish an acceptable extension or replacement ILC, or other acceptable substitute, at least 30 days before an ILC's scheduled expiration, the Contracting officer has the right to immediately draw on the ILC.

I.8—Authorized Deviations in Clauses

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of the Interior Acquisition Regulation (48 CFR Chapter 1 ) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

I.9—Restrictions on Endorsements Department of the Interior

JUL 1996

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205-1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

I.10—Release of Claims-Department of the Interior

JULY 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.

I.11—Use of Foreign Construction Materials-Department of the Interior

(a) The Government has determined that the Buy American Act is not applicable to the following construction materials because they are not mined, produced, or manufactured in the U.S. in sufficient quantities of a satisfactory quality:

(1) ___NONE_______ _________________________________________________

(2) ________________________________________________________________

(3) ________________________________________________________________

(b) Offers based on the use of foreign construction materials other than those listed in (a) above may be acceptable if the

Government determines that U.S. construction material is not available, would be impracticable or constitute an unreasonable price. Please contact the contracting officer with questions or comments concerning non-availability or impracticability of U.S.

material.

(c)(1) Offers based upon use of foreign construction material for cost savings will be considered reasonable if the cost of each foreign construction material, plus 6 percent, is less than the cost of each comparable U.S. construction material. The

Contracting Officer shall compute the cost of each foreign construction material to include all delivery costs to the construction site, and any applicable duty (whether or not a duty-free entry certificate is issued.) This evaluation shall be made for each foreign construction material included in the…