P16PS00219_(Amen_0003).pdf

(x)

P16PS00219

x x

3 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

PDS

Denver CO 80225-0287 P.O. Box 25287 12795 W. Alameda Pkwy DOI, NPS, DSC Contracting Services

PDS

Denver CO 80225-0287 P.O. Box 25287 12795 W. Alameda Pkwy NPS, DSC Contracting Services Div

12/22/2015000003

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

12/22/2015

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this amendment is to change the minimum experience requirements, bid bond, and post a missing form to the solicitation.

As a result of this Amendment the following items have changed in the solicitation:

1. The Bid Bond requirement is now 20% of the maximum task order value of $3,500,000.00 reduced from 100% of the maximum task order value.

2. The Minimum Experience Requirement for evaluation factors is changed as follows:

a. Experience timeframe is increased to the past 10 years increased from 3 years.

b. Experience reflecting work on projects is reduced to 100 acres from 200 acres in scale.

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Frank Camacho

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

P16PS00219/000003

c. Requirement for loading, hauling, and grading is reduced to 70,000 cubic yards reduced from 700,000 cubic yards.

3. The form Experience and Past Performance is attached within this Amendment.

4. The sign-in sheet for the site visit is posted with this Amendment.

5. NAICS Code in provision 52.204-8 of the solicitation (page 117) is corrected to reflect the NAICS code of 238910 with the small business size standard of $15.0 Million.

Legacy Doc #: NPS

Period of Performance: 02/15/2016 to 12/31/2020

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation Document No.

P16PS00219

Document Title

EVER Land Clearing at Hold-in-the-Donut IDIQ

TABLE OF CONTENTS

SECTION DESCRIPTION PAGE

PART I – The Schedule A Solicitation/Contract Form 1 B Supplies/Services and Prices 7 C Descriptions/Specifications/Statement of Work 9 D Packaging and Marking 10 E Inspection and Acceptance 11

52.246-12 Inspection of Construction (Aug 1996) F Deliveries or Performance 12

52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 52.211-12 Liquidated Damages—Construction (Sept 2000) 52.211-13 Time Extensions (Sept 2000) 52.242-14 Suspension of Work (Apr 1984) 52.242-17 Government Delay of Work (Apr 1984)

G Contract Administration Data 14 1452.201-70 Authorities and Delegations (Sept 2011) 1452.204-70 Release of Claims (July 1996) DIAPR 2010-14 Contractor Performance Assessment Reporting System (July 2010) DIAPR 2011-04 Electronic Invoicing and Payment Requirements – Internet Payment Platform (IPP) (Apr

2013) H Special Contract Requirements 17

Special Clause 1: Organizational Conflicts of Interest Special Clause 2: Publicity Special Clause 3: Time of Delivery Special Clause 4: 52.216-18 Ordering (Oct 1995) Special Clause 5: 52.216-19 Ordering Limitations (Oct 1995) Special Clause 6: Contract Minimum and Maximum Amounts Special Clause 7: Key Personnel Special Clause 8: Indefinite Quantity Special Clause 9: Liability Insurance Requirement Local Clause – 52.203-99 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements (Feb 2015)

PART II – Contract Clauses I Contract Clauses 22

52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-7 Anti-Kickback Procedures (May 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015) 52.203-14 Display of Hotline Poster(s) (Oct 2015) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (Apr 2014) 1452.203-70 Restriction on Endorsements—Department of the interior (July 1996) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

Document Title

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) 52.204-13 System for Award Management Maintenance (July 2013) 52.204-14 Service Contract Reporting Requirements (Jan 2014) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (July 2013)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.211-5 Material Requirements (Aug 2000) 52.215-2 Audit and Records—Negotiation (Oct 2010) 1452.215-70 Examination of Records by the Department of the Interior (Apr 1984) 52.215-8 Order of Precedence—Uniform Contract Format (Oct 1997) 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data (Aug 2011) 52.215-12 Subcontractor Certified Cost or Pricing Data (Oct 2010) 52.215-15 Pension Adjustments and Asset Reversions (Oct 2010) 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions

(July 2005) 52.215-19 Notification of Ownership Changes (Oct 1997) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.219-8 Utilization of Small Business Concerns (Oct 2014) 52.219-14 Limitations on Subcontracting (Nov 2011) 52.219-17 Section 8(a) Award (Dec 1996) 52.219-18 Notification of Competition Limited to Eligible 8(a) Concerns (June 2003) 52.219-28 Post-Award Small Business Program Rerepresentation (July 2013) 52.222-3 Convict Labor (June 2003) 52.222-4 Contract Work Hours and Safety Standards—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 (Feb 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) 52.222-14 Disputes Concerning Labor Standards (Feb 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 (Oct 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (July 2014) 52.222-37 Employment Reports on Veterans (Oct 2015) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50 Combating Trafficking in Persons (Mar 2015) 52.222-54 Employment Eligibility Verification (Oct 2015) 52-222-55 Minimum Wages Under Executive Order 13658 (Dec 2014) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

(Sept 2013) 52.223-3 Hazardous Material Identification and Material Safety Data—Alternate I (Jan 1995) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.223-6 Drug-Free Workplace (May 2001)

Document Title

52.223-9 Estimate of Percentage of Recovered Material Content for EPA- Designated Products (May

2008) 52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

(May 2008) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.225-9 Buy American—Construction Materials (May 2014) 52.225-11 Buy American—Construction Materials under Trade Agreements (May 2014) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.227-1 Authorization and Consent (Dec 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) 52.227-4 Patent Indemnity—Construction Contracts (Dec 2007) 52.227-17 Rights in Data – Special Works (Dec 2007) 52.228-2 Additional Bond Security (Oct 1997) 52.228-5 Insurance—Work on a Government Installation (Jan 1997) 52.228-11 Pledges of Assets (Jan 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (May 2014) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.228-15 Performance and Payment Bonds—Construction (Oct 2010) 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments) 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—System for Award Management (July 2013) 52.232-39 Unenforceability of Unauthorized Obligations (June 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-1 Disputes—Alternate I (Dec 1991) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-2 Differing Site Conditions (Apr 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-4 Physical Data (Apr 1984) 52.236-5 Material and Workmanship (Apr 1984) 52.236-6 Superintendence by the Contractor (Apr 1984) 52.236-7 Permits and Responsibilities (Nov 1991) 52.236-8 Other Contracts (Apr 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr

1984) 52.236-10 Operations and Storage Areas (Apr 1984) 52.236-11 Use and Possession Prior to Completion (Apr 1984) 52.236-12 Cleaning Up (Apr 1984) 52.236-13 Accident Prevention (Nov 1991) 52.236-14 Availability and Use of Utility Services (Apr 1984) 52.236-15 Schedules for Construction Contracts (Apr 1984) 52.236-21 Specifications and Drawings for Construction (Feb 1997) 52.236-26 Preconstruction Conference (Feb 1995) 1452.236-70 Prohibition Against Use of Lead-based Paint (July 1996) 52.242-13 Bankruptcy (July 1995) 52.243-4 Changes (June 2007) 52.244-6 Subcontracts for Commercial Items (Oct 2015) 52.246-21 Warranty of Construction (March 1994) 52.248-3 Value Engineering—Construction (Oct 2015)

Document Title

52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012)—Alternate I (Sept

1996) 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991)

PART III – List of Documents, Exhibits, and Other Attachments J List of Attachments 115

PART IV – Representations and Instructions K Representations, Certifications, and Other Statements of Offerors 116

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2007)

Local Clause 52.203-98 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Feb 2015)

52.204-8 Annual Representations and Certifications (Dec 2014) 52.204-17 Ownership or Control of Offeror (Nov 2014) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation (Dec 2014) 52.209-5 Certification Regarding Responsibility Matters (October 2015) 52.209-7 Information Regarding Responsibility Matters (July 2013) 52.219-1 Small Business Program Representations (Oct 2014) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.222-38 Compliance With Veterans’ Employment Reporting Requirements (Sep 2010) 52.223-4 Recovered Material Certification (May 2008) 52.225-10 Notice of Buy American Requirement – Construction Materials (May 2014)

L Instructions, Conditions, and Notices to Offerors 127 Instructions for the Submission of Offers and Other Information 52.204-7 System for Award Management (July 2013) 52.204-16 Commercial and Government Entity Code Reporting (Nov 2014) 52.204-18 Commercial and Government Entity Code Maintenance (Nov 2014) 52.211-6 Brand Name or Equal (Aug 1999) 52.215-16 Facilities Capital Cost of Money (June 2003) 1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior (Apr 1984) 52.216-1 Type of Contract (Apr 1984) 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work (May 2014) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for

Construction (Feb 1999) 1452.233-2 Service of Protest Department of the Interior (Sept 2006) (Deviation) (July 1996) 52.236-28 Preparation of Proposals—Construction (Oct 1997) 52.252-5 Authorized Deviations in Provisions (Apr 1984)

M Evaluation Factors for Award 137 Significant Factors and Subfactors Special Provision 1: Evaluation of Options

Document Title

SECTION B – SUPPLIES OR SERVICES AND PRICES

Firm-Fixed-Price List

Land Clearing Indefinite Delivery Indefinite Quantity (IDIQ) Contract

Base Year: Begins the date of award and ends1 year from the date of award Option Year1: Begins 1 year from the date of award and ends 2 years from the date of award, if exercised Option Year 2: Begins 2 year from the date of award and ends 3 years from the date of award, if exercised Option Year 3: Begins 3 year from the date of award and ends 4 years from the date of award, if exercised Option Year 4: Begins 4 year from the date of award and ends 5 years from the date of award, if exercised

Description

Unit

Unit Price – Base

(CLIN 01)

Unit Price – Opt. 1

(CLIN 02)

Unit Price – Opt. 2

(CLIN 03)

Unit Price – Opt. 3

(CLIN 04)

Unit Price

– Opt. 4

(CLIN 05)

Operating Plan LUMP

SUM

Disposal Mound Prep ACRE

Prepare Haul Route MILE

Vegetation Clearing ACRE

Haul Bulk Material & Build Disposal Mound

CUBIC

YARD

Final Scrape ACRE

See Attached Price Schedule

The contracts will be firm fixed price indefinite delivery indefinite quantity (IDIQ) Multiple Award Task Order Contracts (MATOC). This solicitation is for eligible 8a Contractors. This MATOC is for Land Restoration and Vegetation Clearing primarily at Everglades National Park.

The total capacity of this MATOC is anticipated between $30,000,000.00 - $45,000.000.00 based on the award of two or more contracts in the pool. Each contract shall have a base period of one year plus four one-year option periods. A guaranteed minimum of $25,000.00 per contract will be awarded for the life of the contract.

Minimum task order amount for each of the contracts is $25,000.00. Smaller task orders may be executed with the agreement of the contractors. Maximum task order amount is $3,500,000.00 once the pool of contracts is established; fair consideration will be given to each IDIQ awardee when awarding the task orders. The scope of this MATOC includes, but is not limited to, land restoration and vegetation clearing activities with various task as described in the scope of work.

The contractor shall perform in accordance with the attached IDIQ scope of work, the specific scope of work provided with each Task Order and within strict accordance of the terms and conditions specified herein.

In doing so, the government is requiring contractors to submit pricing based on the price schedule included in this solicitation which will be incorporated into the base award contract. The Government review of proposed unit prices submitted by prospective contractors will consist of a price comparison between the current prices offered as well as past historical prices for this type work, if available and the proposed task order. The review will also identify unbalanced pricing. Proposals deemed to contain unbalanced pricing will be removed from consideration for award without further discussions.

Once the base award has been made, individual Task Orders will be awarded based on fair consideration of the pool of contractors awarded a base IDIQ contract. Specifically, RFPs for each task order will contain, at a minimum, the scope of

Document Title work for the area, the date and time set for the pre proposal site visit, the heavy wage rates in effect for DADE County, and specific evaluation criteria used for the basis of award.

Each task order will contain a range of historical estimates (if available). These ranges are provided to the contractor for informational purposes only, and are typically indicative of the conditions encountered during past work efforts at the Hole in the Donut area of work. These estimates are considered accurate, but there are uncontrollable factors used to arrive at the estimates such as moisture content of the spoils being hauled affecting the swell ratio and the efficiency of loading the trucks to maximum capacity. As such, the contractor is ultimately responsible for reviewing the site to develop a proposal for the work and for controlling the work efforts on site to ensure the efforts are efficient.

The government will not be responsible for additional costs based on claims of variations in estimated quantities. Differing Site Conditions must be identified to the contracting officer in accordance with the applicable contract clause prior to disturbing the conditions. Differing site conditions based on individual load tickets submitted at the end of the project will not be considered a valid claim.

Ultimately the government and contractor will enter into a task order for a lump sum, firm fixed price task order to restore a known area with the final outcome to provide a final scraped area which will facilitate the establishment and growth of native vegetation in accordance with guidance from government quality assurance personnel.

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SECTION C – DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK

The contractor shall provide construction services as noted in the following documents referenced in Section “J” of this document:

The Contractor(s) will be working in the Hole-In-The-Donut (HID) which is an area of former agricultural land located in Everglades National Park (Figure 1, Appendix A). After farming in the HID stopped a forest developed that is comprised of an invasive exotic plant called Brazilian pepper (Schinus terebinthifolius).

The only way to prevent the forest of Brazilian pepper from developing is to clear the land of all the vegetation and as much of the farmed soil as is technically feasible.

It is anticipated that multiple Indefinite Delivery Indefinite Quantity fixed price Service Contracts with a base year and four subsequent one-year option periods will be awarded as a result of this Statement of Work, under which the Government will order various tasks necessary to accomplish a certain amount of land clearing in the HID.

Land clearing requirements include, site visits, operating plans, site preparation, vegetation and soil removal, and on site soil disposal, monthly reporting and site cleanup. Land clearing will occur during the dry season (approximately December – May). All the areas where work will be conducted will be accessible by either paved or unpaved roads. The work will also occur while normal Park operations are ongoing. Vegetation clearing, soil removal, and disposal operations must be closely coordinated with known or projected Park operations.

In addition the full contract scope also includes the terms and conditions as noted in sections B through J.

This acquisition is being conducted per the procedures authorized in Part 36 of the Federal Acquisition Regulations. The term “bid” and “bidders” shall mean “offer” and “offeror.”

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SECTION D – PACKAGING AND MARKING

This section is left intentionally blank.

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SECTION E – INSPECTION AND ACCEPTANCE

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may—

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of clause)

Document Title

SECTION F – DELIVERIES OR PERFORMANCE

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

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 the date specified in in the individual task order. The time stated for completion shall include final cleanup of the premises.

52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)

(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 $1,000.00 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.

52.211-13 TIME EXTENSIONS (SEPT 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.

52.242-14 SUSPENSION OF WORK (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed—

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

Document Title

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

(a) If the performance of all or any part of the work of this contract is delayed or interrupted

(1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or

(2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly.

Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) A claim under this clause shall not be allowed --

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

(End of Clause)

Document Title

SECTION G – CONTRACT ADMINISTRATION DATA

1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

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

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the

Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

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

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

Document Title

DIAPR 2010-14 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JUL

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.gov. 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.gov. 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.

(End of Local Clause) http://www.cpars.gov/ http://www.cpars.gov/

Document Title

DIAPR 2011-04 Electronic Invoicing and Payment Requirements – Internet Payment Platform

(IPP) (APR 2013)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Internet Payment

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.

The Contractor shall submit a draft invoice to the Contracting Officer’s Representative (COR) for review and approval at least 1 week prior to submittal of the formal invoice to IPP. The following documents are required to be submitted as an attachment to the “draft” invoice.

1. Document noted in clause 52.232-05, Payment Under Fixed-Price Construction Contracts

2. Documents noted in the Design Build Project Scope document

3. Pay Estimate Form

4. Schedule of Values noting percentage complete for each line

5. Certification of Subcontractor Payment

Upon receipt of the COR’s approval of the draft invoice the contractor shall submit their formal invoice through IPP. The following documents are required to be submitted as an attachment to the IPP invoice:

1. Pay Estimate Form

2. Schedule of Values noting percentage complete for each line

3. Certification of Subcontractor 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.

(End of Local Clause) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

Document Title

SECTION H – SPECIAL CONTRACT REQUIREMENTS

SPECIAL CLAUSE 1: ORGANIZATIONAL CONFLICTS OF INTEREST

(a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:

(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work performed under this contract, and

(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as “contractor”) in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.

(c) No contract for the construction of a project shall be awarded to the firm (including its subsidiaries or affiliates) that designed the project (except with the approval of the head of the agency or authorized representative).

(d) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage.

Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.

(e) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(f) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms “contract,” “contractor,” and “Contracting Officer” shall be appropriately modified to preserve the Government's rights.

SPECIAL CLAUSE 2: PUBLICITY

(a) Except with the prior approval of the Contracting Officer, the consultant shall not release for publication any drawing, rendering, perspective, sketch, photograph, report, specification, cost estimate, or other material of any nature pertaining to the facilities for which services are performed under the terms of this contract.

(b) The provision of this article shall extend also to the release of any such material to any person not so authorized by the Contracting Officer.

Document Title

SPECIAL CLAUSE 3: TIME OF DELIVERY

The Government will specify in each task order issued the period of performance of that task order, as well as any required delivery dates for task order deliverables.

SPECIAL CLAUSE 4: 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from effective date of the IDIQ through the last day of the contract’s period of performance.

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

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

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

SPECIAL CLAUSE 5: 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $25,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $3,500,000.00;

(2) Any order for a combination of items in excess of $3,500,000.00; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

SPECIAL CLAUSE 6: CONTRACT MINIMUM AND MAXIMUM AMOUNTS

During the effective period of performance for this contract, the minimum quantity of services ordered by the Government shall be no less than $25,000.00 worth of services. During the effective period of performance for this contract, the maximum quantity of services ordered by the Government shall not exceed $15,000,000.00 worth of services.

Document Title

SPECIAL CLAUSE 7: KEY PERSONNEL

(a) The Contractor shall assign to this contract and issued Task Orders the following key personnel:

Project Manager:

Superintendent:

Foremen:

(b) During the first ninety days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

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

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

SPECIAL CLAUSE 8: INDEFINITE QUANTITY

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

(b)…