Sol_140F0122R0013.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)

0040541176

FWS, DIVISION OF CONTRACTING AND GE

EASTSIDE FEDERAL COMPLEX

911 NE 11TH AVENUE

PORTLAND OR 97232-4181

F01

Tom Ketcham 5052486844

1x 12/03/2021

140F0122R0013

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

A&E Services for Construction-Ready Designs for: Squaw and Crooked Creeks, and

Barrier Identification and Conceptual Assessment of Barriers on Six Streams

DESCRIPTION & CONTRACTING INFORMATION

This is a request for Standard Form 330, not a Request for Proposal (RFP). The U.S.

Fish and Wildlife Service (FWS) has a need for A&E Design and Construction-Ready

Services on White Mountain Apache Tribal Lands. The US Fish and Wildlife Service

(USFWS) is seeking assistance with multiple tasks associated with construction of conservation fish barriers on White Mountain Apache Tribal Lands. Anticipated tasks include final design of a fish barrier on Squaw Creek based on an existing conceptual design, conceptual and final designs for Crooked Creek, reconnaissance of six potential barrier sites, development of conceptual level designs, cost estimates and provide information and analysis for permitting.

PERIOD OF PERFORMANCE: The period of performance is expected to be (365) Three

Hundred Sixty Five Days.

No contract for construction shall be awarded to the firm, subsidiaries, or affiliates conducting the A&E Design-Construction-Ready Documents. Prior to contract

Continued ...

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.)

10 365 calendar days and complete it within ________________ ________________ calendar days after receiving

01/07/2022

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

FWS, DIVISION OF CONTRACTING AND GE

EASTSIDE FEDERAL COMPLEX

911 NE 11TH AVENUE

PORTLAND OR 97232-4181

F01

Tom Ketcham

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 43

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140F0122R0013 award, the selected firm must be registered in the System for Award Management (SAM) at beta.SAM.gov. Failure to register may render the firm ineligible for the award. If already registered, ensure representation and certifications in SAM are current.

This announcement is set aside 100% for Small

Business participation. The North American

Industry Classification System (NAICS) code for this acquisition is 541330, Engineering Services, size standards $16.5 million. The wages and benefits of services employees (see FAR 22.10) performing under this contract must be at least equal to those determined by the Department of

Labor under the Service Contract Act, as determined relative to the employee¿s office location (not of the location of the work).

One Contract award is anticipated.

Legacy Doc #: FWS

Delivery: 365 Days After Notice to Proceed

Delivery Location Code: 0008349402

FWS ALCHESAY NATIONAL FISH HATCHERY

P.O. BOX 398

WHITERIVER AZ 85941-0398 US

00010 Fish Barrier A&E Design and Construction

Documents Services

Period of Performance: 01/17/2022 to 01/16/2023

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

Sponsored by GSA

FAR (48 CFR) 53.110

TABLE OF CONTENTS

SECTION A - Solicitation/Contract Form

SECTION B – BID SCHEDULE

SECTION C - Description/Specifications SECTION D - Packaging and Marking SECTION E - Inspection and Acceptance SECTION F - Deliveries or Performance 52.211-8 Time of Delivery. (JUN 1997) 52.242-14 Suspension of Work. (APR 1984) SECTION G - Contract Administration Data FWS R2 Construction Progress Payment Procedures Clause

1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

SECTION H - Special Contract Requirements SECTION I - Contract Clauses 52.252-2 Clauses Incorporated by Reference. (FEB 1998) 52.202-1 Definitions (JUN 2020) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-7 Anti-Kickback Procedures. (JUN 2020) 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 (JUN 2020) 52.203-16 Preventing Personal Conflicts of Interest (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees to Whistleblower Rights (JUN 2020) 52.204-1 Approval of Contract. (DEC 1989) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Page (MAY 2011) 19 Contractor Performance Assessment Reporting System (CPARS) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUN 2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-22 Alternative Line Item Proposal. (JAN 2017) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) 52.204-26 Covered Telecommunications Equipment or Services-Representation. (OCT 2020) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (OCT 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporation (NOV 2015) 52.215-2 Audit and Records –Negotiation (JUN 2020) 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. (JUN 2020) 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. (JUL 2005) 52.215-19 Notification of Ownership Changes. (OCT 1997) 52.216-4 Economic Price Adjustments-Labor and Material. (JAN 2017) 52.216-24 Limitation of Government Liability. (APR 1984) 52.216-25 Contract Definitization (OCT 2010) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2020) 52.219-8 Utilization of Small Business Concerns. (OCT 2018) 52.219-14 Limitations on Subcontracting (MAR 2020) 52.219-28 Post-Award Small Business Program Representation (NOV 2020) 52.222-1 Notice to the Government of Labor Disputes (FEB 1997) 52.222-3 Convict Labor. (JUN 2003) 52.222-20 Contracts for Materials, Supplies, Articles and Equipment (JUN 2020) 52.222-21 Prohibition of Segregated Facilities. (APR 2015) 52.222-26 Equal Opportunity. (SEPT 2016) 52.222-35 Equal Opportunity for Veterans. (JUN 2020) 52.222-36 Affirmative Action for Workers with Disabilities. (JUN 2020) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. (JUN 2020) 52.222-50 Combating Trafficking in Persons. (OCT 2020) 52.222-54 Employment Eligibility Verification. (OCT 2015) 52.222-55 Minimum Wages Under Executive Order 13659 (NOV 2020) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. (JUN 2016) 52.223-15 Energy Efficiency in Energy-Consuming Products. (MAY 2020) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (AUG 2018) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (JUN 2020) 52.223-20 Aerosols. (JUN 2016) 52.223-21 Foams. (JUN 2016) 52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021) 52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran--Representation and Certification. (JUN 2020) 52.227-1 Authorization and Consent. (JUN 2020) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) 52.228-14 Irrevocable Letter of Credit. (NOV 2014) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-16 Progress Payments (JUN 2020) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-26 Prompt Payment for Fixed-Price Architect-Engineer Contracts. (JAN 2017) 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer- System for Award Management (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 Disputes. (MAY 2014) 52.233-1 Disputes. (MAY 2014) - Alternate I (DEC 1991) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-22 Design Within Funding Limitations. (APR 1984) 52.236-23 Responsibility of the Architect-Engineer Contractor. (APR 1984) 52.236-24 Work Oversight in Architect-Engineer Contracts. (APR 1984) 52.236-25 Requirements for Registration of Designers. (JUN 2003)

52.242-13 Bankruptcy. (JUL 1995) 52.242-14 Suspension of Work (APR 1984) 52.243-7 Notification of Changes (JAN 2017 52.244-6 Subcontracts for Commercial Items. (NOV 2020) 52.244-4 Subcontractors and Outside Associates and Consultants (Architect-Engineer Services). (AUG 1998) 52.244-5 Competition in Subcontracting. (DEC 1996)

52.246.11 Higher-Level Contract Quality Requirements. (DEC 2014) 52.248-2 Value Engineering-Architect-Engineer. (MAR 1990) 52.249-7 Termination (Fixed-Price Architect-Engineer). (APR 1984) 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) 52.252-2 Clauses Incorporated by Reference. (Feb 1998) 52.252-4 Alterations in Contract. (APR 1984) 52.252-6 Authorized Deviations in Clauses (NOV 2020) 52.253-1 Computer Generated Forms. (JAN 1991) 1452.204-70 Release of Claims. (JUL 1996) 1452.228-70 Liability Insurance. (JUL 1996) SECTION J - List of Documents, Exhibits and Other Attachments Attachment #1 Statement of Work 4 Pages Attachment #2 Squaw Creek 30% Drawings 9 Pages Attachment #3 Squaw Creek 30% Design Report 27 Pages Attachment #4 Technical Past Present Performance Questionnaire 4 Pages SECTION K - Representations, Certifications, and Other Statements of Bidders 52.204-7 -- System for Award Management 52.204-8 Annual Representations and Certifications. (MAR 2020) 52.209-5 Certification Regarding Responsibility Matters. (AUG 2020) 52.209-7 Information Regarding Responsibility Matters 52.223-1 Biobased Product Certification. (May 2012) 52.223-4 Recovered Material Certification. (MAY 2008) SECTION L - Instructions, Conditions, and Notices to Bidders Instruction to Offerors – Competitive Acquisition. (JAN 2017) 52.215-1 Type of Contract. (APR 1984) 52.216-1 Site Visit (Construction). (FEB 1995) 52.236-27

PROPOSAL PREPARATION INSTRUCTIONS

Tab A. Technical Capabilities Tab A.1 Lead Designer (proven experienced in design of similar projects)

- A site plan of similar project they lead

- Two photographs for the project they lead

- Lead Designer Portfolio Their Qualification /Certifications to meet the SOW

- General Narrative about Lead Designer (if included) Tab A.2 Design Team

- Listing of Design Team Members Proposed

- Resumes of the proposed team members NOTE: No proposals are to be submitted. This is not a request for proposals but SF 330 and Technical/Past Present Performance Questionnaire

SECTION A - Solicitation/Contract Form

See: SF 252

SECTION B – BID SCHEDULE

Arizona Fish & Wildlife Conservation Office (AZFWCO) A&E Services for Construction- Ready designs for Squaw and Crooked Creeks, and Barrier Identification and Conceptual Assessment of Barrier on Six Streams

Whiteriver, AZ Navajo County

No proposals are required at this time. SF 330 and Technical/Past Present Performance Questionnaire

SECTION C - Description/Specifications

A-E Services for construction-ready designs for Squaw and Crooked Creeks, and Barrier Identification and Conceptual Assessment of Barriers on Six Streams for our Arizona Fish and Wildlife Conservation Office (AZFWCO), Whtieriver, AZ

The U.S. Fish and Wildlife Service (FWS), requires Architectural/Engineering (A-E) services for the 100% Design and Construction Documents for a Squaw and Crooked Creeks, and Barrier Identification and Conceptual Assessment of Barriers on Six Streams including engineering plans, specifications, and cost estimates.

SECTION D - Packaging and Marking

PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information including submittals, forms, reports, etc., to the Contracting Officer or the Contracting Specialist shall be paid by the Contractor.

CORRESPONDENCE/SUBMITTALS

Contractor initiated correspondence and submittals shall identify the contract number. All information shall be emailed to the addresses found in Section G. Correspondence shall be provided by email to the Contracting Officer (CO), including all RFI’s. Product and Material Submittals: During construction, Contractor shall provide Contracting Officer Technical Representative, Jeffrey Johns, the products, and material submittals for all items requiring submittals in the contract specifications.

SECTION E - Inspection and Acceptance

As per the Statement of Work

SECTION F - Deliveries or Performance

52.211-8 Time of Delivery. (JUN 1997)

As prescribed in 11.404(a)(2), insert the following clause:

TIME OF DELIVERY (JUNE 1997)

(a) The Government requires delivery to be made according to the following schedule:

Required Delivery Schedule

365 days

Item No.

Quantity Within Days After Date of Contract

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR’S PROPOSED DELIVERY SCHEDULE

Item No. Quantity Within Days After Date of Contract

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of clause) https://www.acquisition.gov/far/part-11#FAR_11_404

Alternate III (Apr1984). If the delivery schedule is to be based on the actual date the contractor receives a written notice of award, the contracting officer may delete paragraph (b) of the basic clause.

The time may be expressed by substituting "within days after the date of receipt of a written notice of award" as the heading for the third column of paragraph (a) of the basic clause.

52.211-9 Desired and Required Time of Delivery (JUN 1997)

As prescribed in 11.404(a)(3), insert the following clause:

DESIRED AND REQUIRED TIME OF DELIVERY (JUNE 1997)

(a) The Government desires delivery to be made according to the following schedule:

Desired Delivery Schedule

365 days from when Notice to Proceed is issued.

If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule below. However, the offeror’s proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Government’s required delivery schedule as follows:

Required Delivery Schedule

Offers that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. If the offeror proposes no other delivery schedule, the desired delivery schedule above will apply.

Offeror’s Proposed Delivery Schedule https://www.acquisition.gov/far/part-11#FAR_11_404

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of clause)

Alternate III (Apr1984). If the delivery schedule is to be based on the actual date the contractor receives a written notice of award, the contracting officer may delete paragraph (b) of the basic clause.

The time may be expressed by substituting "within days after the date of receipt of a written notice of award" as the heading of the third column of paragraph (a) of the basic clause.

52.242-14 Suspension of Work. (APR 1984)

SECTION G - Contract Administration Data

1. CONTRACT REPRESENTATIVE

Contracting Officer (CO) responsible for this contract: Thomas Ketcham Construction | A&E Team 1 Joint Administrative Operations | U.S. Fish and Wildlife Service 500 Gold Ave SW | PO BOX 1306 Albuquerque, New Mexico 87103 Telephone Number: 505/248-6844

Contracting Specialist (CS) responsible for this contract: Thomas Ketcham Construction | A&E Team 1 Joint Administrative Operations | U.S. Fish and Wildlife Service 500 Gold Ave SW / PO BOX 1306 Albuquerque, New Mexico 87103 Telephone Number: 505/248-6844

Contracting Officer's Technical Representative (COR/COTR) for this contract:

U.S. Fish and Wildlife Service Architect/Civil Engineer Contracting Officer’s Representative Southwest Region 2-Facilities Telephone Number: Cell Number:

Field Inspector (FI) for this contract: Zachary Jackson

(928) 338-4288 (office)

(515) 450-9187 (cell)

AZFWCO

8602 N. Alchesay NFH Road Whiteriver, AZ 85941 Navajo County

2. CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE – LIAISON

The COTR will act as a liaison between the U.S. Fish and Wildlife Service herein referred to as "Service" and the Contractor, and, when necessary, will provide technical direction to the Contractor. The COTR, however, is not authorized to change any of the terms and conditions of the contract, issue new assignments of work, make decisions concerning disputes arising under the contract, or resolve differing site condition matters. Neither the presence nor absence of a government representative shall relieve the Contractor of its responsibilities under the contract.

3. JOB SITE ADMINISTRATION

The Government will designate a FI who will be available the work as it progresses. Government inspections do not relieve the Contractor of responsibility for providing adequate quality control measures.

4. 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:

FWS Application and Certificate for Payment (Sent to Contracting Officer to get FI and COTR signatures prior to attaching in IPP)

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 St. Louis (FRBSTL) 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 IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP tor submitting invoices for mailto:IPPCustomerSupport@fiscal.treasury.gov payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

FWS R2 Construction Progress Payment Procedures Clause Before submitting FWS Application and Certificate for Payment Form, the contractor must follow the below steps, as to not have the payment rejected, due to errors contained in the payment request, and delay the payment process.

Step 1.

Contractor submits a draft progress payment using FWS Application for Progress Payment Form to the Contracting Officer for review, who will be responsible to get the form to the Field Inspector (FI) and Contracting Officer’s Technical Representative (COTR) for preliminary review.

Step 2.

Once the Field Inspector (FI) and Contracting Officer’s Technical Representative (COTR) finish their review they will sign his or hers portion of the payment application.

Step 3.

Upon receipt of the FI and COTR signed approvals for payment application, the contractor will sign the FWS Application and Certificate for Payment form and load the fully signed approval form into the IPP system.

Step 4.

Once the CO receives the contractor’s payment application, he or she will review contractor’s payment application in accordance with the contract terms and conditions and either approve payment request or disapprove payment request or withhold 10%, if progress or quality problems remain uncorrected.

Step 5.

Once CO approves payment request it will be forwarded to the USFWS Denver Operation Office for further review and for payment to the contractor’s bank via electronic funds transfer (EFT) procedures.

Step 6 Ten (10) days prior to completion of all surveys under the terms and conditions of the contract, the contractor will send an e-mail requesting a Final Inspection to the COTR, and FI with a copy of the request e-mailed to the CO.

Once the COTR and FI approve the final document request, a time and date will be set by the COTR and FI to perform the final review.

Note: Either FI, COTR or both are authorized by CO to perform the final document review.

If there are issues present in which cannot be resolved at the FI and COTR level, the contractor, FI and COTR will e-mail CO of the issues for resolution.

Step 6.

When all punch-list items have been completed, if any, the contractor will notify by e-mail the FI, COTR and CO stating all punch-list items have been correct and request the FI and COTR verify completion of the corrected punch-list items.

1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

(a) The Contracting Officer is the only individual authorized to enter 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 Technical Representative (COTR) and

Field Inspector (FI), as required, at time of award. The COTR and FI will be responsible for technical monitoring of the contractor's performance and deliveries. The COTR and FI 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 COTR and FI are 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 having been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COTR or FI has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COTR's or FI'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, COTR and FI.

(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 COTR or FI acting within his or her appointment, shall be at the Contractor's risk. (End of clause)

SECTION H - Special Contract Requirements

1. UTILITIES: NOT APPLICABLE

2. GENERIC GENDER TERMINOLOGY

Except where stipulated by the Federal Acquisition Regulations, the use of terms such as he, she, his, and her are not to be interpreted as implying other than neutral gender terms such as "it" or "their".

3. SAFETY

a. The Contractor shall always have the ultimate responsibility for safety for the duration of the survey including any on site work.

4. PROGRESS MEETINGS

a. Meetings will be scheduled by the COTR with timely notification to the Contractor.

b. At the progress meetings, the Contractor shall give oral reports of the progress on the project to the

COTR.

5. CHANGES

During the performance of this contract, various Government personnel will periodically review contractor performance. The contractor is advised that ONLY the CO has the authority to direct or approve any change for work that will affect the price, quality, and quantity or performance time.

6. COST BREAKDOWN OF CONTRACT PAYMENTS

a. Contractors must furnish a cost breakdown of any lump sum items which will provide the basis for progress payments. The cost breakdown shall be submitted using FWS Application and Certificate for Payment and each item shall include overhead and profit. Contractor and FI at the site must agree on the percentage of work completed at the end of each month. Contractor will submit the FWS Application and Certificate for Payment thru IPP on monthly bases for payment. The FWS Application and Certificate for Payment must be signed by the FI and COTR prior to uploading in IPP or it will be returned to the Contractor and will delay payment. Once payment request comes thru IPP, with a correctly signed FWS Application and Certificate for payment, CO, thru IPP who approves and processes for payment.

b. Payments are authorized by FAR Clause 52.232-5, which requires that the Contractor certify with each payment request that he has paid or will pay with the proceeds of the payment his employees and subcontractors.

7. MODIFICATION PROPOSALS-PRICE BREAKDOWN

a. The Contractor shall furnish an itemized price breakdown, within the time specified by the Contracting Officer, with any proposal for a contract modification.

b. The price breakdown:

c. Must include sufficient detail of all costs for—

(1) Labor.

d. Must cover all work involved in the modification, whether the work was deleted, added, or changed.

e. The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts.

f. The Contractor's proposal shall include a justification for any time extension proposed. A revised progress schedule will be required if time is adjusted.

SECTION I - Contract Clauses

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

52.202-1 Definitions (JUN 2020) 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 from google search engine under Federal Acquisition Regulations (FAR).

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

52.203-7 Anti-Kickback Procedures. (JUN 2020)

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 (JUN 2020)

52.203-16 Preventing Personal Conflicts of Interest (JUN 2020)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees to Whistleblower Rights (JUN 2020)

52.204-1 Approval of Contract. (DEC 1989)

This contract is subject to the written approval of Contracting Officer and shall not be binding until so approved.

(End of Clause)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Page (MAY 2011)

Contractor Performance Assessment Reporting System (CPARS)

a. General

i. Threshold

In accordance with FAR Subpart 42.15 and DOI-AAAP 0050, past performance evaluations will be required for each construction contract exceeding $700,000.

ii. Frequency

Interim evaluations will be prepared at least annually when the period of performance exceeds one year. Final evaluations will be prepared at the time the work under the contract is completed.

iii. Registration and Completion Timeframe

Contracts meeting the thresholds above will be registered in CPARS within thirty (30) calendar days of award. Interim and final evaluations will be completed within 120 days following the end of the assessment period. The 120-day time frame includes the contractor’s 60-day comment period. If not completed, the evaluation will be considered noncompliant per Government reporting metrics.

iv. Additional Information

In addition to the information contained in Paragraph H.5 refer to ‘Appendix A – Notice to Contractors’ located in Section J. Where there is conflict between the two, Paragraph H.5 shall govern.

b. Roles and Responsibilities

i. Assessing Official (AO) – Responsible for evaluating contractor performance and for validating the proposed ratings and remarks entered by the AOR. AOs have ‘signature’ authority and can forward evaluations to the CR for review and comments. After receiving and reviewing contractor comments, the AO has the authority to close, modify and/or forward the evaluation to the RO. The AO will be the contracting officer.

ii. Assessing Official Representative (AOR) – Has the authority to initiate and update evaluations but does not have the authority to send the evaluation to the CR or to finalize an evaluation.

The AOR will be the contracting officer’s representative.

iii. Contractor Representative (CR) – Responsible for reviewing and commenting on proposed ratings and remarks for all evaluations forwarded by the AO. The CR shall have the appropriate authority to act on behalf of their company. The CR may be identified as the contractor’s ‘Past Performance POC’ in the System for Award Management (SAM), if so, indicated by the contractor.

iv. Reviewing Official (RO) – Responsible for ensuring that the evaluation is a fair and accurate evaluation of the contractor’s performance for the contract. The RO must acknowledge consideration of any significant discrepancies which may arise between the AO and the CR.

The RO will be the Bureau Procurement Chief (BPC). The BPC shall be at least one level above the AO.

c. Evaluation Factors

Each evaluation will include seven (7) evaluation factors (where applicable):

i. Technical / Quality of Produce or Service.

ii. Schedule / Timeliness.

iii. Cost Control (Not Applicable to Firm-Fixed-Price (FFP) Contracts).

iv. Management or Business Relations.

v. Small Business Subcontracting (if Applicable).

vi. Regulatory Compliance; and

vii. Other Areas. ‘Other’ can be any additional factor, up to three (3) in total, in which the project delivery team deems them necessary. Please note that any factor can be broken down into subfactors.

d. Evaluation Ratings

Each evaluation factor and subfactor will be rated in accordance with the five-scale rating system, as outlined in Tables 42-1 or 42-2 of FAR Subpart 42.15. Ratings from Table 42-1 (i.e.

Exceptional, Very Good, Satisfactory, Marginal and Unsatisfactory) will be used for all factors and subfactors, except for ‘Small Business Subcontracting.’ That factor will utilize the ratings from Table 42-2.

e. Evaluation Narratives

Evaluations should include a clear, non-technical description of the principal purpose of the contract. The evaluation should reflect how the contractor performed. The evaluation should include clear, relevant information that accurately depicts the contractor’s performance, and be based on objective facts supported by program and contractor or order performance data.

Evaluations should be tailored to the contract type, size content and complexity of the contractual requirements. The narratives for each factor and subfactor’s rating must reflect the definitions and be justified per Tables 42-1 or 42-2 of FAR Subpart 42.15.

f. Government Completion of Evaluations

Annual interim and final performance evaluations will be provided to the contractor as soon as practicable, after the one-year mark has passed and after completion of the contract, respectively.

Evaluations will be prepared and submitting using the website https://www.cpars.gov.

g. Contractor Notification of Evaluations

Once submitted by the Government, the CR will receive a CPARS-generated system notification stating that an evaluation is ready for review. Please note that if the CR is no longer with the company or if their email address has changed, the CPARS notification may not be received;

therefore, it is the responsibility of the contractor to ensure that their CR is up-to-date at all times. If a CR needs to be updated, immediately notify the CO. Information required for the new CR shall include: Company, Name, Title, Email Address and Phone Number.

h. Contractor’s Response Period

Once submitted by the Government, the contractor will have up to sixty (60) days from the date of receipt in CPARS to submit comments, rebut statements or provide additional information. If no response is received in sixty (60) days, the evaluation will automatically be returned to the Government with the following system-generated statement:

“The report was delivered / received by the contractor on MM/DD/YYYY. The contractor neither signed nor offered comment in response to this assessment.”

i. Contractor Concurs with Government’s Evaluation

If the contractor agrees with the Government’s evaluation, they shall state their concurrence (i.e.

state “No comment”) and return the evaluation back to the Government for finalization. The AOR may then close the evaluation.

j. Contractor Does Not Concur with Government’s Evaluation

If the contractor disagrees with the Government’s evaluation and would like to discuss it, they may request a meeting in writing to the CO no later than seven (7) days following the receipt of the evaluation. In their response in CPARS, they shall specifically state what point(s) or area(s) of the Government’s evaluation they disagree with and why.

Upon completion, return the evaluation back to the Government for review. The RO will review the disagreement(s) and either have 1) the AO reevaluate and resubmit the evaluation to the RO for review or

2) make no changes at all. Regardless of the decision, the RO should provide comments, sign and close the evaluation. The final evaluation rating and decision(s) are at the RO’s own discretion.

k. Completed Evaluations and Use for Future Procurements https://www.cpars.gov/

Completed evaluations are automatically sent to from CPARS to the Past Performance Information Retrieval System (PPIRS). Government Agencies will use the past performance information in PPIRS for future source selection purposes for up to three years (six years for construction and architect-engineer contracts) from the time of evaluation completion.

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUN 2020)

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-14 Service Contract Reporting Requirements (OCT 2016)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

52.204-22 Alternative Line Item Proposal. (JAN 2017)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020)

As prescribed in 4.2105(a), insert the following provision:

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, https://www.acquisition.gov/far/4.2105#FAR_4_2105 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered…