Sol_140F0122R0118.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)

0040587205

FWS, DIVISION OF CONTRACTING AND GE

EASTSIDE FEDERAL COMPLEX

911 NE 11TH AVENUE

PORTLAND OR 97232-4181

F01

FWS, DIVISION OF CONTRACTING AND GE

LAKE PLAZA NORTH

134 UNION BOULEVARD

LAKEWOOD, CO 80228-1807

Miguel Martinez 0000000000

1x 07/29/2022

140F0122R0118

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

Project: Maintenance Gate Install

Location: Carolina Sandhills NWR

23734 US Highway 1 McBee, SC 29101 in Chesterfield County

1. 100% Small Business Set-aside, NAICS Code 238990 - All Other Specialty Trade

Contractors. | NAICS Association, Size Standard $16.5M. This solicitation is a request for proposal under FAR Part 13 Simplified Acquisition Procedures and awarded as a firm-fixed price construction contract. All reference to discussions shall not be interpreted under FAR Part 15, but rather indicates that the Government may communicate with offers as allowed under Simplified Acquisition Procedures.

2. IAW FAR 36.204 the magnitude of this construction project is anticipated under

25k.

3. Contractors shall follow instruction in section L of the solicitation. A responsive proposal shall consist of at minimum a Price Proposal, Technical Approach and Relevant Past Performance.

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

08/23/2022

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

Rey F. Aragon

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 62

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140F0122R0118

4. Any request for information or request for a site visit must be received no later than 13

August 2022 via e-mail at miguel_martinez@fws.gov by 12:00 PM MST.

5. Proposals must be received via e-mail to

Miguel Martinez at miguel_martinez@fws.gov no later than 23 August 2022 by 5:00 PM MST.

Delivery: 365 Days After Notice to Proceed

Delivery Location Code: 0008349739

FWS CAROLINA SANDHILLS NWR

23734 US HIGHWAY 1

MCBEE SC 29101-8662 US

Period of Performance: 09/01/2022 to 09/01/2023

00010 Install (1) 45'W x 6'H+ galvanized chain link cantilever gate (for 30 ft opening) with commercial grade electronic slide gate opening as described in attached scope of work.

Furnish all labor, materials, and equipment to complete the following work in accordance with statement of work herein.

Firm Fixed Price

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation # 140F0122R0118

Table of Contents SECTION A - Solicitation/Contract Form

SECTION B – Supplies or Services and Prices/Costs

SECTION C - Description/Specifications/Statement of Work

SECTION D - Packaging and Marking

SECTION E - Inspection and Acceptance

SECTION F - Deliveries or Performance

SECTION G - Contract Administration Data

SECTION H - Special Contract Requirements

SECTION I - Contract Clauses

SECTION J - List of Documents, Exhibits and Other Attachments

SECTION K - Representations, Certifications, and Other Statements of Bidders

SECTION L - Instructions, Conditions, and Notices to Bidders

SECTION M - Evaluation Factors for Award

SECTION A - Solicitation/Contract Form See: SF 1442

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within [10] ten 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 three hundred and sixty-five [365] days. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

SECTION B – Supplies or Services and Prices/Costs

Firm Fixed Price – Submit Attachment 1 Bid Schedule

SECTION C - Description/Specifications/Statement of Work

See: Attachment 2 Statement of Work

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, the products, and material submittals for all items requiring submittals in the contract specifications.

SECTION E - Inspection and Acceptance

52.236-5 Material and Workmanship. (APR 1984)

52.236-7 Permits and Responsibilities. (NOV 1991)

QUALITY CONTROL RESPONSIBILITIES

(a) General

The quality control of services provided under this contract shall be based on: (i) operational requirements and standards contained in this contract; (ii) work performance; and (iii) productivity requirements and standards, and (iv) data base information resource development and maintenance standards.

(b) Contractor Quality Control Responsibility

The Contractor shall implement and adhere to the quality control plan provided as part of its Technical Proposal. The quality control plan shall be written by the Contractor’s Quality Control Manager and approved by his/her immediate supervisor.

The Contractor is solely responsible for quality control of services that it provides. The Contractor’s quality control program, which is embodied in the quality control plan, shall include, but not be limited to, the following. A monitoring and inspection system covering all the services listed in the Performance Requirements Summary. It must specify the elements of work performance to be monitored and inspected, either on a scheduled or unscheduled basis; the methods to be used; frequency of monitoring and inspection; the format and content of records and reports to be generated; and the title(s) of the individual(s) who will perform the monitoring and inspection. It shall include, but is not limited to:

the method for identifying and preventing deficiencies in the quality of services performed before the level of performance can become unsatisfactory.

the administrative procedures to be followed for reporting to the Contracting Officer’s Technical Representative (COTR); and for responding to operational problems or complaints concerning work performance, qualifications, or other complaints about Contractor personnel; and preparation of system of on-site records of all inspections conducted by the Contractor and the corrective action(s) taken.

This documentation shall be presented to the Government on a weekly basis (Mondays) during the term of the contract. The Contractor shall have the COTR sign the documents at least weekly and provide a detailed monthly summary of all quality control actions, including descriptions of events which require quality control activity, and the corrective action taken.

(c) Government Quality Assurance Responsibilities

The Government will monitor the Contractor’s performance using predetermined quality assurance surveillance procedures to examine and determine compliance with contract performance requirements. A copy of these procedures will be provided to the Contractor prior to the start of contract performance. In keeping with the Government’s responsibility for quality assurance, the Government reserves the right to review all administrative, managerial, and statistical reports; telecommunications services; publicity materials and resource library materials using the Performance Requirements Summary. A copy of the Performance Requirements Summary will be provided to the Contractor prior to the start of contract performance. Final determination that reports, resource and publicity materials, and services rendered meet the requirements is solely the responsibility of the Government. All surveillance observations will be recorded by the Government. When an observation indicates defective performance, the Quality Assurance Evaluator (QAE) will request that the Contract Manager or designee initial the observation record. The Contractor shall, within 48 hours, notify the Contracting Officer, or his/her technical representative if so directed by the Contracting Officer, of the corrective action(s) taken in accordance with methods and techniques specified by the Contractor in its quality control plan. If the Contractor disputes any part of the QAE’s observation, he/she shall request that the Contracting Officer hold a Performance Evaluation Meeting.

(d) Performance Evaluation Meetings

The Contract Manager may be required to meet with the COTR, the QAE, and the Contracting Officer whether by telephone or at a designated Contractor-operated location on at least a weekly basis during the first month after the issuance of a Task Order under this contract.

Meetings will be held as often as necessary thereafter at the discretion of the Contracting Officer or the COTR. However, a meeting will be held whenever a contract discrepancy report is issued. A mutual good faith effort will be made to resolve all problems identified.

The COTR will write the minutes of these meetings, and the minutes will be signed by the Contract Manager and the COTR. The attendee will, within three (3) business days, identify any areas wherein he/she does not agree by proving written notice to the COTR.

(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 re-inspection 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.

52.246-21 Warranty of Construction. (MAR 1994)

Pre-Final Inspection

The Contractor shall give written notice to the Contracting Officer at least 15 calendar days before the date the construction work will be completed and ready for final inspection. The contractor shall conduct a pre-final and final inspection in the presence of the Contracting Officer’s Representative (COR) and/or Site Representative (SR). Other Government personnel may attend both inspections. A Government Pre-Final Punch List may be developed as result of this inspection of any items not meeting Contract requirements for final acceptance. The list of deficiencies may include the estimated date by which the deficiencies will be corrected. Any discrepancies noted shall be corrected prior to final inspection. The Government reserves the right to request a pre-final Inspection or final inspection.

Final Inspection

(a) The Contracting Officer shall be notified in writing by the Contractor when the final inspection can be conducted. The final inspection shall be requested ten (10) calendar days before the desired date or required completion date of the contract.

(b) The final inspection shall be performed with the Contractor by the Contracting Officer's Technical Representative and/or representatives of the using activity. The Contractor and/or his Project Supervisor shall be present at the job site during final inspection. The Contracting Officer will present to the Contractor, after inspection, a punch list of any items not meeting Contract requirements for final acceptance. This list will be confirmed in writing, and any items therein must be made acceptable before final payment will be made. Any discrepancies noted shall be corrected within the time specified in the contract for final completion. Only the Contracting Officer is authorized to accept work performed.

Inspection

(a) The Contracting Officer or the duly authorized representative will perform inspection of materials and services to be provided.

(b) For the purpose of this clause, TBD (provided at time of award) is the authorized representative of the Contracting Officer.

(c) Inspections will be performed at the construction site.

SECTION F - Deliveries or Performance

Line Item

Description QTY Address

00010 Period of Performance: 365 Days after contractor receives notice to proceed.

1 JOB 23734 US Highway 1 McBee, SC 29101 in Chesterfield County

52.242-14 Suspension of Work. (APR 1984)

52.247-34 F.o.b. Destination. (NOV 1991)

SECTION G - Contract Administration Data

1. CONTRACT REPRESENTATIVE

Contracting Officer (CO) responsible for this contract: Reymundo F. Aragon

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

E-mail: rey_aragon@fws.gov

Contracting Specialist (CS) responsible for this contract: Miguel Martinez

Construction | A&E Team 1

Joint Administrative Operations | U.S. Fish and Wildlife Service

134 Union Blvd, Lakewood, CO 80228

E-Mail: miguel_martinez@fws.gov

Contracting Officer's Technical Representative (COR/COTR) for this contract: provided at time of award.

mailto:rey_aragon@fws.gov mailto:miguel_martinez@fws.gov

Field Inspector (FI) for this contract: provided at time of award.

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 at the site to inspect the work as it progresses. The FI will prepare an Inspector's Daily Log, beginning with the first day of the construction contract, detailing ground and weather conditions, work being performed, materials delivered, and notes of any problems or difficulties. Government inspections do not relieve the Contractor of responsibility for providing adequate quality control measures. It is expected on this project the contractor will send weekly pictures and reports to COTR and CO. At the end of every day of work on this contract, the Contractor's Superintendent, as defined below, shall contact the FI, review the daily log, and sign as the Contractor's representative. Unless the Contractor's Superintendent makes notations to the contrary on the daily log, the log shall be presumed to be accurate. The FI is not authorized to make technical decisions or give technical directions; the Contractor or the Contractor's Superintendent must contact the COTR regarding such decisions and directions. The Contractor shall have a competent superintendent (hereinafter referred to as the "Contractor's Superintendent") who is (i) deemed acceptable to the Government; (ii) authorized to act on the Contractor's behalf; and (iii) be present on the job site at all times when contract work is being performed. (See Superintendence by the Contractor, Section I, Federal Acquisition Regulation (FAR) Clause 52.236-6.)

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:

Prime contractor and subcontract Davis Bacon WH-347 payrolls (if applicable)

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 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.

mailto:IPPCustomerSupport@fiscal.treasury.gov

Contractor submits a draft progress payment using FWS Application for Construction 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 construction 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 inspection request, a time and date will be set by the COTR and FI to perform the final inspection.

A final Inspection form will be provided by the FI and will be used to conduct the inspection. At the end of the inspection, both the contractor and FI will sign the final inspection form.

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

If both the FI and COTR perform the final inspection, both must sign the inspection form along with contractor.

As a result of final inspection, if there are any “Punchlist Items” noted on the final inspection Form, the contractor shall promptly correct or replace all deficiencies noted, per contract clause 52.246-12- Inspection before submitting the final request for payment.

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

Electric and Water are available at the site. Bathroom facilities are available.

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 on the project site until final completion and acceptance of the project.

b. The Contractor shall comply with all Occupational Safety and Health Administration (OSHA) regulations, as found in 29 CFR 1910 and 1926, which are applicable to the construction project, including requirements set forth within solicitation provisions and contract clauses. In addition to OSHA safety standards, the Contractor shall also adhere to all current local, federal, and state safety requirements. In the event where any safety standard referenced herein conflicts with another, the more stringent shall govern.

c. The Contractor shall initiate and maintain an effective safety program that provides adequate systematic policies, procedures, and practices to protect their employees from and allow them to recognize, job-related safety and health hazards. The program shall include provisions for the systematic identification, evaluation, prevention and control of general work site hazards, specific job hazards, and potential hazards that may arise from foreseeable construction methods and conditions, as well as providing a competent person to conduct frequent and regular inspections. Each employee must be instructed in the recognition and avoidance of unsafe conditions and the regulations applicable to the work environment.

d. The Contractor shall immediately notify the CO of any accident, incident, or exposure resulting in a fatality, lost-time injury, or property loss/damage of $2,500 or more arising out of work performed under this contract. The Contractor shall investigate all work-related accidents/incidents to the extent necessary to determine their cause(s) and furnish the CO an investigative report outlining findings and proposed or completed corrective actions. The contractor shall, when required by the CO, have a separate and complete independent investigation of the accident/incident, and submit a comprehensive report of findings and recommendations to the CO. The CO shall consult with the CORR, CR, SR/FR and Service safety personnel in reviewing the investigation report and corrective actions. If the contractor fails or refuses to institute prompt corrective action, the CO may invoke the suspension-of-work clause in this contract or any other remedy available to the government. Any delay or cost resulting from a safety-related suspension of work will be borne by the Contractor.

e. In the event of an accident/incident, the Contractor shall be responsible for providing and obtaining appropriate medical and emergency assistance. Except for rescue and emergency measures, the scene of the accident/incident shall not be disturbed, or the operation resumed until the on-site aspect of the investigation has been completed.

f. Service safety personnel and representatives from Federal, State, and local government agencies shall have the right to examine and investigate at sites or areas where work under this contract is being performed. The absence of such investigations shall not relieve the contractor of their safety program responsibilities.

4. ENVIRONMENTAL

The contractor is responsible for establishing and maintaining compliance with all applicable laws, regulations, rules, and standards, including without limitation, those regulations, rules, and standards, promulgated for the administration and enforcement of the following laws: the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as amended by Superfund Amendments and Reauthorization Act (SARA); Emergency Planning and Community Right-to-Know Act (EPCRA); Clean Air Act (CAA); Clean Water Act (CWA);

Toxic Substances Control Act (TSCA); and Solid Waste Disposal Act (SWDA), as amended by Resource Conservation and Recovery Act (RCRA).

5. PROGRESS MEETINGS

a. The Contractor shall be available to meet with the CO or his/her representative at the job site during construction to discuss work progress.

b. Meetings will be scheduled by the CO with timely notification to the Contractor.

c. At the progress meetings, the Contractor shall give oral reports of the progress on the project to the CO. If the work is behind schedule, the Contractor shall be prepared to (i) discuss the work and any causes of work delay(s); (ii) present a plan to bring the work back into conformance with the schedule; or, if necessary (iii) to propose a revised work schedule.

6. SUBMITTALS

FWS-R2--Contractor Submittal Clause

In accordance with Contract clause 52.236-5-Material and Workmanship, the contractor is required to comply with the following:

Responsibility for overall management and control of submittals lies with the contractor.

Contractor must integrate the submittal process into his QC Plan.

Submittals contemplated by the clause entitled, "Materials and Workmanship" and as required in the specifications, shall be accomplished on Form R2EN-021, Material Approval Submittal and submitted to the COTR by either e-mail or by mail.

Submittals shall be submitted within 10 days after receipt of contract award or as practical, but no later than 15 calendar days of incorporation into the work.

Submittals will be evaluated based on the requirements of the specifications and drawings, during the submittal process after contract award.

All submittals shall be approved by the COTR before items are incorporated in the work.

The COTR will approve or disapproved submittals within 7 calendar days from receipt from the contractor, plus transmittal time back and forth.

Do not commence work which requires review of any submittals until receipt of returned submittals with an acceptable action.

Note: Incorporation of materials in a project prior to receipt of approved submittals shall be solely at the risk of the contractor.

Unless stated otherwise in the individual specification section, provide 1 copy of submittals for use by the government, plus the number of submittals needed to be returned to the Contractor for use by Contractor, sub-contractors, suppliers, or others. If submitted by e-mail with electronic attachments, only one e-mail copy is required.

The contractor shall email to: -COTR-TBD:

Copy- Contracting Specialist in Admin Section.

The COTR may require the contractor to submit certificates, manufacturing brochures, etc...for the purposes of informational review and as support to submittal approval process.

Typical submittals are categorized into the following submittal identifications:

Preconstruction Submittals

Shop Drawings

Product Data

Samples

Design Data

Test Reports

Certificates

Manufacturer’s Instructions

Manufacturer’s Field Reports

Operation and Maintenance Data

Closeout Submittals

Submittals shall come directly from the Contractor with their stamp and signature of approval;

submittals will not be accepted from sub-contractors or suppliers. Also, submittals must show clearly that the product, sample or shop drawing conforms to the specifications.

Completely identify each submittal by showing at least the following information:

Name and address of submitter (Contractor), plus name and telephone number of the individual to contact for further information.

Name of project as it appears in these specifications.

Contract number, submittal number, and specification section number to which the submittal applies.

Whether this is an original submittal or resubmittal.

Each item shall clearly note the manufacturer(s) name and address, trade name, product, lot, style, color, catalog designation or model number, and locations of use.

Do not fabricate products or begin work which requires submittals until return of reviewed submittal with acceptance by the COTR is received. On return, promptly distribute reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. Revise and resubmit submittals as required within 15 days of return from initial review. Identify all changes made since previous submittal.

(End Clause)

7. CONTRACT DRAWINGS AND SPECIFICATIONS

a. The Government will provide to the Contractor, without charge, one set of contract drawings and specifications.

b. The Contractor shall:

(1) Check all drawings furnished immediately upon receipt.

(2) Compare all drawings and verify the figures before laying out the work.

(3) Promptly notify the CO of discrepancies, if any.

(4) Be responsible for any errors that might have been avoided by complying with this paragraph

(5) Reproduce and print contract drawings and specifications as needed. (After award, if additional copies of specifications and drawings are available, they will be provided to the contractor.)

c. Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

8. "AS BUILT" RECORD DRAWINGS

a. When construction begins, contractor shall maintain in proper order, one (1) complete set of clean prints of all drawings on the project site.

b. The Contractor shall neatly inscribe, in red ink or pencil, all changes in work, and the dates of such changes, on the prints. The changes shall be noted in sufficient detail and clarity to accurately portray all "as built" conditions.

c. At the time of final inspection, the Contractor shall present the "as built" drawings to the CO.

9. APPLICABLE WAGE RATE DECISION

The Secretary of Labor has decided of the minimum prevailing wage rates which are to be paid to the classes of labor to be employed on this project. The decision number and date with minimum rates for this project are shown in Section J. The Contractor must furnish copies of his payrolls to the CO, weekly, seven (7) days after close of payroll period.

10. WORK HOURS

Working hours for the Contractor will be from 7:00 a.m. thru 4:00 p.m., Monday thru Friday, excluding Saturdays, Sundays, and Holidays. Advance coordination with the CO is required prior to working at any other time.

11. PRECONSTRUCTION CONFERENCE

a. After award, the Contractor shall attend a preconstruction conference with representatives of the Government at a time and place mutually agreed upon. (See Preconstruction Conference, Section I, FAR Clause 52.236-26.)

12. CHANGES

During the performance of this contract, various Government personnel will periodically appear on the job site to inspect 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.

13. 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.

14. PROGRESS SCHEDULE/REPORTS

A contract progress schedule is required within 14 days after work commences. Actual progress must be reported on a contract progress report every two weeks. A copy of these forms shall be provided to you. (See Schedules for Construction Contracts, Section I, FAR Clause 52.236-15.)

15. 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) Material.

(2) Labor.

(3) Equipment.

(4) Subcontracts; and

(5) Overhead and Profit; and

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.

16. QUALITY CONTROL

The Contractors Quality Control Inspector and/or Superintendent shall ensure all items on the Pre-Final Punch List, rejected and nonconforming work, along with all remaining work conforms to the contract terms, construction documents and industry standards, prior to the final inspection. The Contractor is responsible for maintaining its own pre final and final inspection records. The Contractor will be legally and financially responsible for not completing all the contract requirements in accordance with the contract terms.

17. BENEFICIAL USE OR OCCUPANCY

The Contractor shall complete all inspections and commissioning requirements prior to final inspection. The warranty shall be issued in accordance with FAR 52.246.21. Extended warranties offered by the contractor and its subcontractors or suppliers may be accepted at the Government’s discretion.

18. REPEAT INSPECTIONS

In the event the Contracting Officer finds that the project is not ready for the applicable inspections, (too many discrepancies) the contractor may be held liable for the cost of a repeat inspection. If the inspection involves the Contracting Officer, Contract Specialist, COR, Safety Officer or other key members, these costs may include additional labor, travel, and miscellaneous expense.

Contractor Performance Assessment Reporting System (CPARS)

General

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.

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.

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.

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.

Roles and Responsibilities

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.

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.

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.

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.

Evaluation Factors

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

Technical / Quality of Produce or Service.

Schedule / Timeliness.

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

Management or Business Relations.

Small Business Subcontracting (if Applicable).

Regulatory Compliance; and

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.

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.

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.

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.

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.

Contractor’s Response Period

O…