Sol_L15PS00382.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040209603

BLM UT-COLOR COUNTRY DISTOFC(UTC01)

176 EAST DL SARGENT DR

CEDAR CITY UT 84720

LUC

Leslie Gunn 435-865-3048

1x 05/19/2015

L15PS00382

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

Project Name: Horse Valley Bridge Construction

Special Contract Requirements for the Construction of Horse Valley Bridge

Standard Specifications for Construction of Roads and Bridges on Federal Highway

Projects, FP-14

Horse Valley Bridge Construction Drawings

Davis Bacon Wage Determination - UT150049

See other attachments in Section J of Solicitation.

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 90 calendar days and complete it within ________________ ________________ calendar days after receiving

Solicitation Section F

06/22/2015

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

BLM UT COLOR COUNTRY DIST-UTC01

176 EAST DL SARGENT DR

CEDAR CITY UT 84720

LUC

Jolyn M Goss

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 46

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

L15PS00382

Horse Valley Bridge Construction

Delivery: 90 Days After Notice to Proceed

Delivery Location Code: 0004276655

BLM-UT CEDAR CITY FIELD OFFICE*

176 EAST DL SARGENT DRIVE

CEDAR CITY UT 84721 US

FOB: Destination

00010 Horse Valley Bridge Construction - Garfield

County, Utah

The work to be done under this contract includes all labor, supervision, permits, transportation, equipment, tools, supplies, and materials necessary to construct a single-lane bridge. This work includes installing a micropile foundation with concrete abutments, furnishing and erecting a prefabricated structural steel bridge superstructure, construction of roadway approaches, bridge deck asphalt paving, construction of riprap slope protection and related site work.

See attachments for project requirements.

Questions regarding this solicitation should be addressed to Leslie Gunn at lgunn@blm.gov.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

SOLICITATION

L15PS00382

Document Title

Horse Valley Bridge Construction

Page

SECTION B

BID SCHEDULE

Item # Reference Description Estimated Quantity

Unit Unit Price Total

1 15101 Mobilization 1 LS $ $

2 20801 Structure Excavation 128 CY $ $

3 20803 Structural Backfill 55 CY $ $

4 25101-05 Placed Riprap, Method A, Class 5 290 CY $ $

5 30111-2 Aggregate Surface Course, 6-inch Depth 156 SY $ $

6 40201-02 Asphalt Concrete Pavement, Marshall Mix, Class B

32 Ton $ $

7 55201-02 Structural Concrete, Class A (AE) 19 CY $ $

8 55504 Pre-Fabricated Steel Bridge, Furnished and Erected

1 LS $ $

9 56701 Production Micropiles 270 LF $ $

10 56705 Micropile Load Verification Test 1 EA $ $

11 56706 Micropile Proof Load Test 1 EA $ $

TOTAL $

Project Magnitude: $250,000 – $500,000

Performance Time: 90 Calendar Days

Estimated Start Work Date: August 1, 2015

Document Title

Horse Valley Bridge Construction

Page

SECTION C -- DESCRIPTIONS AND SPECIFICATIONS

Scope of Work – See Attached Specifications The work to be done under this contract includes all labor, supervision, permits, transportation, equipment, tools, supplies, and materials necessary to construct a single-lane bridge. This work includes installing a micropile foundation with concrete abutments, furnishing and erecting a prefabricated structural steel bridge superstructure, construction of roadway approaches, bridge deck asphalt paving, construction of riprap slope protection and related site work.

Project Location:

The work is located in Garfield County, approximately 63 miles by road northeast of Cedar City, Utah and approximately 62 miles south of Richfield, Utah at mile post 146.4 on US Hwy 89. The latitude and longitude of the bridge location are approximately 38.02836° N and 112.35735° W.

Document Title

Horse Valley Bridge Construction

Page

SECTION D -- PACKAGING AND MARKING

THIS SECTION NOT USED

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Horse Valley Bridge Construction

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SECTION E -- INSPECTION AND ACCEPTANCE

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 this/these address(es): http://www.acquisition.gov/far

52.246-12 Inspection of Construction. (AUG 1996)

52.246-21 Warranty of Construction. (MAR 1994)

52.242-14 Suspension of Work. (APR 1984)

1510.301 – INSPECTION (August 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.

1510.302 – ACCEPTANCE (August 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.

Document Title

Horse Valley Bridge Construction

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SECTION F -- DELIVERIES OR PERFORMANCE

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 this/these address(es): http://www.acquisition.gov/far

52.242-15 Stop Work Order (Aug 1989)

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 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 the notice to proceed. The time stated for completion shall include final cleanup of the premises.

52.211-13 Time Extensions. (SEP 2000) Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

Contractor Performance Information (DIAPR) 2010-14, Amendment 1 (SEP 2010)

(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 http://www.acquisition.gov/far

Document Title

Horse Valley Bridge Construction

Page 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.

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SECTION G -- CONTRACT ADMINISTRATION DATA

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 this/these address(es): http://www.acquisition.gov/far

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.

DOI ELECTRONIC INVOICING 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:

1. An accounting (bulleted list, for example) of charges claimed and amounts due https://www.ipp.gov/

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2. Total amount due for the billing period

3. Certification of Progress Payment

4. Payrolls (Mail weekly)

5. Substantiation of subcontractor payment

6. 52.223-9 Certification with final payment request

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

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.

1510.322 PROCUREMENT OFFICE REPRESENTATIVE AUGUST 1999

Leslie Gunn, Contract Buyer Bureau of Land Management 176 E DL Sargent Drive Cedar City, UT 84721 Office: 435-865-3048 lgunn@blm.gov

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SECTION H -- SPECIAL CONTRACT REQUIREMENTS

1510.015 – WORK HOURS (April 1998) Work hours under this contract shall be limited to the time between one-half hour before sunrise to one-half hour after sunset each day. No work will be done on Saturday, Sunday, or legal National Holidays unless authorized by the COR.

FIRE DANGER SEASON – LOCAL CLAUSE

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.

Fire Prevention Provision Smoking: Will be prohibited in the project area during the fire season, May 10 through October 20, except in areas agreed upon by the Contractor and/or Contracting Officer's Representative (COR).

Refueling Chainsaw/Soil Auger: Refueling will be confined to a six-foot diameter cleared to mineral earth. Chainsaws/soil auger sparks arrester shall be BLM approved, and will be cleaned daily. A size "0" or larger round-pointed shovel with a minimum of a 38-1/2" handle and a fire extinguisher shall be within 10 feet of actual point of chainsaw/soil auger operation.

Burning, Blasting, or Welding: Written Permission from the COR will be required and will contain special stipulations pertinent to the particular job.

Spark Arresters: All internal combustion power equipment used by the Contractor on the project shall be equipped with an approved spark arrester as set forth in 36 CFR 261.52 which requires all such engines to be equipped with a qualified spark arrester that is maintained and has not been modified. They shall be cleaned regularly and maintained in satisfactory working condition. The following are exempt from the requirements of the rule:

(a) Turbo-charged internal combustion engines in which 100 percent of the exhaust gasses pass through a turbo-charger;

(b) Engines of passenger carrying vehicles and light trucks equipped with a muffler with baffles that are kept in good repair (glass packs are not an approved muffler for wildland work);

(c) Water pumping equipment used in firefighting.

Spark arresters must comply with all State and Federal fire requirements.

Lunch and Warming Fires: Cooking and warming fires will not normally be permitted and then only by written authorization of the COR which will contain stipulations regulating use of such fires.

Hand Tools: The Contractor shall furnish one size "0" shovel (38-1/2" handle minimum) or larger, one axe, or pulaski with 26" handle or larger, and one 5 BC or larger rated pressurized fire extinguisher for each truck, each personal vehicle, each tractor, and each grader. For each welder the contractor shall furnish one size "0" shovel and one backpump pump. For each gasoline powered tools (power saw, soil auger, etc.), one shovel (38-1/2" handle minimum) and one 8-ounce or larger BC rated chemical-pressurized fire extinguisher.

Contractor shall also furnish any other equipment called for elsewhere in the contract. The shovel and fire extinguisher will be located within 10 feet of the operating chainsaw/power auger.

Storage and Parking Areas: Equipment service area, parking area, and gas and oil drum storage areas will be cleared of all flammable material for a radius of at least 50 feet. These areas must be approved in writing by the COR in advance of use. Small stationary engine sites shall be cleared of flammable material for a radius of at least 15 feet from such engine.

Notification: Contractor should immediately notify the nearest Dispatch Center (911) of any fires including location and actions taken.

Notify the COR of any fires or other hazards as soon as it is possible.

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1510.017 – DRAWINGS (April 1998)

(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 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.

1510.018 – PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA (April 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.

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SECTION I -- CONTRACT CLAUSES

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 this/these address(es): http://www.acquisition.gov/far

Clause Title Date 52.202-1 Definitions November 2013 52.203-3 Gratuities April 1984 52.203-5 Covenant Against Contingent Fees April 1984 52.203-7 Anti-Kickback Procedures October 2010 52.203-8 Cancellation, Rescission, and Recovery of Funds for

Illegal or Improper Activity January 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity

January 1997

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

October 2010

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

September 2013

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

May 2011

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

July 2013

52.204-12 Data Universal Numbering System Number Maintenance December 2012 52.204-13 System for Award Management Maintenance July 2013 52.204-19 Incorporation by Reference of Representations and

Certifications December 2014

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

August 2013

52.211-18 Variation in Estimated Quantity April 1984 52.215-2 Audit and Records—Negotiated October 2010 52.215-8 Order of Precedence-Uniform Contract Format October 1997

52.219-6 Notice of Total Small Business Set-Aside November 2011 52.219-8 Utilization of Small Business Concerns. July 2013 52.219-14 Limitations on Subcontracting November 2011 52.219-28 Post-Award Small Business Program Representation July 2013 52.222-3 Convict Labor June 2003 52.222-4 Contract Work Hours and Safety Standards Act - Overtime

Compensation 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 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 Regulations May 2014

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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 April 2015 52.222-27 Affirmative Action Compliance Requirements for

Construction April 2015

52.222-35 Equal Opportunity for Veterans July 2014 52.222-36 Equal Opportunity for Workers with Disabilities July 2014 52.222-37 Employment Reports on Veterans July 2014 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act December 2010

52.222-50 Combating Trafficking in Persons March 2015 52.223-6 Drug Free Workplace May 2001 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

Driving August 2011

52.225-13 Restrictions on Certain Foreign Purchases June 2008 52.227-1 Authorization and Consent December 2007 52.227-2 Notice and Assistance Regarding Patent and Copyright

Information December 2007

52.228-2 Additional Bond Security October 1997 52.228-11 Pledges Of Assets February 1992 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 May 2014 52.232-33 Payment by Electronic Funds Transfer-Central Contractor

Registration July 2013

52.232-39 Unenforcability of Unauthorized Obligations June 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors December 2013

52.233-1 Disputes May 2014 52.233-1 Disputes-Alternate 1 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 52.236-16 Quantity Surveys April 1984 52.236-17 Layout of Work April 1984 52.236-21 Specifications and Drawings for Construction February 1997

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52.236-21 Specifications and Drawings for Construction (Alt 1) April 1984 52.236-26 Preconstruction Conference February 1995 52.242-13 Bankruptcy July 1995 52.243-4 Changes June 2007 52.244-6 Subcontracts for Commercial Items April 2015 52.248-3 Value Engineering-Construction October 2010 52.249-2 Termination for Convenience of the Government (Fixed Price

Construction April 2012

52.249-2 Termination for Convenience of the Government (Fixed Price) Alternate I

September 1996

52.249-10 Default (Fixed-Price Construction) April 1984 52.253-1 Computer Generated Forms January 1991

52.203-14 Display of Hotline Poster(s). (DEC 2007)

(a) Definition.

"United States," as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)-

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites-

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from:

http://www.doioig.gov/hotline/ http://www.dol.gov/esa/whd/regs/compliance/posters/davis.htm http://www.dol.gov/esa/ofccp/regs/compliance/posters/ofccpost.htm

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5,000,000, except when the subcontract-

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements – Representations (DEVIATION 2015-02) (Feb 2015) http://www.doioig.gov/hotline/ http://www.dol.gov/esa/whd/regs/compliance/posters/davis.htm http://www.dol.gov/esa/ofccp/regs/compliance/posters/ofccpost.htm

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(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)

(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction.

(FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade

12.6%

Goals for Female Participation for Each Trade

6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the-

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(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Garfield County, Utah.

52.225-9 Buy American–Construction Materials (May 2014)

(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;

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(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.

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(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

Construction material description Unit of measure Quantity Price (dollars) *

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).]

52.225-10 Notice of Buy American Requirement--Construction Materials (May 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American--Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy

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American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.228-1 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…