Sol_140F0222R0007.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)

0040563575

FWS, DIVISION OF CONTRACTING AND GE

5600 American Blvd West

Ste 990 Bloomington MN 55437-1458

F02

Email: jeanne_mohlis@fws.gov

Jeanne Mohlis 6127135215

1x 05/18/2022

140F0222R0007

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

PROJECT TITLE: Crab Orchard NWR-IDIQ Road & Associated Infrastructure Maintenance

PROJECT LOCATION:

FWS Crab Orchard NWR

8588 Route 148

Marion, IL 62959-5822

ESTIMATED MAGNITUDE: The estimated magnitude of this requirement in terms of physical characteristics and estimated price range is between $1,000.,000.00 and

$5,000,000.00.

PROJECT: Crab Orchard National Wildlife Refuge Complex (CONWR) is seeking an indefinite delivery indefinite quantity (IDIQ) contract for the maintenance and rehabilitation of roads and associated infrastructure on and around CONWR. This

IDIQ contract will include the furnishing of all plant, labor, equipment, transportation, supplies, and material to perform the requested maintenance and rehabilitation activities as specified in delivery orders issued against this 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

06/17/2022

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

5600 American Blvd West

Ste 990 Bloomington MN 55437-1458

F02

Jeanne Mohlis

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

140F0222R0007

The IDIQ contract is proposed for one (1) base year with up to four (4) option years. The option years are not guaranteed and may be exercised at the sole discretion of the Government

SOCIOECONOMIC PROGRAMS: This procurement is set-aside exclusively for Small Business concerns. The North American Industry

Classification Code (NAICS) is 237310 Highway, Street, and Bridge Construction $39.50

Request for Proposal Package (RFP), will be available at no cost via electronic commerce at https://beta.SAM.gov on or about April 13, 2022.

To be eligible for award current registration is required in the System for Award Management

(SAM). To register go to the SAM website at https://www/sam.gov Registration is free.

Please contact Jeanne Mohlis, Contracting

Officer, via email at jeanne_mohlis@fws.gov for any questions concerning this announcement.

Legacy Doc #: FWS

Period of Performance: 07/11/2022 to 07/10/2023

00010 Base Year Guarantee - Road and Associated

Infrastructure Maintenance w/ Minimum Guarantee, per attached statement of work, Map, Schedule B, Attachment C, Pesticide Recordkeeping Form, Gate

Drawing, and Wage Determination.

00020 Base Year - Road and Associated Infrastructure

Maintenance, per attached statement of work, Map, Schedule B, Attachment C, Pesticide Recordkeeping

Form, Gate Drawing, and Wage Determination.

00030 Option Year 1 - Road and Associated

Infrastructure Maintenance per attached statement of work, Map, Schedule B, Attachment C, Pesticide

Recordkeeping Form, Gate Drawing, and Wage

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 62

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140F0222R0007

Determination.

(Option Line Item)

05/01/2023

Period of Performance: 07/11/2023 to 07/10/2024

00040 Option Year 2 - Road and Associated

Infrastructure Maintenance per attached statement of work, Map, Schedule B, Attachment C, Pesticide

Recordkeeping Form, Gate Drawing, and Wage

Determination.

(Option Line Item)

05/01/2024

Period of Performance: 07/11/2024 to 07/10/2025

00050 Option Year 3 - Road and Associated

Infrastructure Maintenance per attached statement of work, Map, Schedule B, Attachment C, Pesticide

Recordkeeping Form, Gate Drawing, and Wage

Determination.

(Option Line Item)

05/01/2025

Period of Performance: 07/11/2025 to 07/10/2026

00060 Option Year 4 - Road and Associated

Infrastructure Maintenance per attached statement of work, Map, Schedule B, Attachment C, Pesticide

Recordkeeping Form, Gate Drawing, and Wage

Determination.

(Option Line Item)

05/01/2026

Period of Performance: 07/11/2026 to 05/10/2027

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation #140F0222R0007 Road and Associated Infrastructure Maintenance

Solicitation 140F0222R0007

Table of Contents

CTION B - Supplies or Services/Prices

B.1 BRIEF DESCRIPTION OF SERVICES

Crab Orchard National Wildlife Refuge Complex (CONWR) is seeking an indefinite delivery indefinite quantity (IDIQ) contract for the maintenance and rehabilitation of roads and associated infrastructure on and around CONWR.

All work to be performed under the awarded Indefinite Delivery, Indefinite Quantity (IDIQ) contract will be in accordance with individual task order requirements, including, specifications and drawings provided for each project. It is anticipated that only one contract award will be made as a result of this procurement.

B.2 IDIQ Rates

See Pricing – Schedule B

B.3 CONTRACT OVERVIEW

Description of Work: This is an Indefinite Delivery-Indefinite Quantity (IDIQ) contract for the maintenance and rehabilitation of roads and associated infrastructure on and around Crab Orchard National Wildlife Refuge Complex (CONWR). This IDIQ contract will include the furnishing of all plant, labor, equipment, transportation, supplies, and

Section Title Page B Supplies or Services/Prices 1 C Brief Description of Services 2 D Packaging & Marking 2 E Inspection and Acceptance 3 F Deliveries or Performance 3 G Contract Administration Data 4 H Special Contract Requirements 8 I Contract Clauses 12 J List of Attachments 34 K Representations and Certifications 34 L Instruction to Offerors 41 M Evaluation Factors for Award 53 material to perform the requested maintenance and rehabilitation activities as specified in delivery orders issued against this contract.

Location of Work: The location of the work includes heavily used recreation areas, industrial areas, and closed areas at the Crab Orchard National Wildlife Refuge Complex stations, located in Williamson, Jackson, Union, Pulaski, Johnson, and Alexander Counties in Illinois. General location maps are available at the Crab Orchard NWR Visitor Center, 6987 Headquarters Road, Marion, IL 62959. The majority of work will be completed at Crab Orchard NWR, with limited work at Cypress Creek NWR.

Additional work may be completed for the Crab Orchard Superfund Project, located on the Crab Orchard National Wildlife Refuge.

Term of the Contract: The term of the contract will be for a base period of performance from date of award for one (1) full year, with a four-year option period. The option year will be exercised in accordance with FAR Clause 52.217-09, Option to Extend the Term of the Contract.

Pricing: Offeror shall enter prices as identified for the base period of performance and option year as shown in Schedule B - Pricing. Price shall include all labor, equipment, fuel, overhead, fuel, overhead, general, and administrative expenses, and profit.

Issuance of Task Orders: A written task order for each job will be issued to the contractor.

This order will specify the type of project, type of equipment required, the estimated amount of time each piece of equipment is needed, the total ordered amount of equipment cost, anticipated project length, and a completion date.

PERFORMANCE TIME: To be identified in each task order issued.

MINIMUM GUARANTEE: The base year minimum guarantee is $20,000.00. The minimum guarantee to be realized on the issuance of award.

SECTION C - Description/Specifications

The Contractor shall furnish all labor, materials, equipment, and supervision required for the location described in the task order a shown in the drawings and specifications. (Refer to Pricing

– Schedule B)

C.1 Performance Time – The Contractor shall be required to commence work on each task order within 414 calendar days after the date the Contractor receives the task order and prosecute the work diligently, unless otherwise instructed by the Contracting Officer, usually related to weather conditions.

SECTION D – PACKAGING AND MARKING

D.1 POSTAGE AND FEES

All postage and fees related to submitting information, forms, reports, etc. shall be paid by the contractor.

D.2 MARKING

All information shall clearly marked as follows:

1. Name and address of Contractor;

2. Solicitation number until after award then indicate the Contract Number; and

3. Description of item contained therein

SECTION E - Inspection and Acceptance

SECTION F – DELIVERIES OR PERFORMANCE

52.211-10 Commencement, Prosecution, and Completion of Work APR 1984 52.211-13 Time Extension SEP 2000 52.242-14 Suspension of Work APR 1984

F.1 PERIOD OF PERFORMANCE

The base period of performance of this contract will be 12 month. The primary place of performance will be identified at the task order level.

Base Period: July 11, 2022 to July 10, 2023 Option Period 1: July 11, 2023 to July 10, 2024 Option Period 2: July 11, 2024 to July 10, 2025 Option Period 3: July 11, 2025 to July 10, 2026 Option Period 4: July 11, 2026 to July 10, 2027

F.2 1452.228-70 Liability Insurance (JUL 1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension there of liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named

52.246.12 Inspection of Construction AUG 1996

52.246.21 Warranty of Construction MAR 1994

52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-21 Specifications and Drawings for

Construction

FEB 1997

52.246-4 Inspection of Services – Fixed Price AUG 1996 insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$100,000.00 each person*

$500,000.00 each occurrence*

$20,000.00 property damage*

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate;

or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

(End of clause)

F.3 52.236-1 Performance of Work by the Contractor. (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least not less than 12 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING STAFF

Contracting Officer: Jeanne Mohlis

Key Personnel: TBD determined at the task order level

G.2 CONTRACTING OFFICER'S REPRESENTATIVE DEFINITION

The “Contracting Officer’s Representative (COR)” is the on-the-ground representative for the Contracting Officer that monitors and enforces the terms and conditions of the contract.

G.3 PROJECT INSPECTOR DEFINITION

“Project Inspector” is the designated Government personnel that performs the on-the-job Government inspection of work accomplished by the Contractor.

G.4 RESPONSIBILITIES OF THE CONTRACTING OFFICER'S REPRESENTATIVE

(COR)

G.4.1 The COR’s authorities and responsibilities are defined in the COR’s Designation Letter.

The COR is authorized to clarify technical requirements, and to review and approve work which is clearly within the scope of work. The COR is NOT authorized to issue changes or modify the scope of work in any way.

G.4.2 The COR is responsible for verifying the Contractor’s compliance with the technical specifications, drawings, work schedule, and labor provisions at the site of the work.

G.5 1452.207-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

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

(b) The Contracting Officer will designate a Contracting Officer's 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 to have 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 of this clause.

(d) 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)

G.6 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(JULY 2010)

(a)FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

(b)The past performance evaluation process is a totally paperless process using CPARS.

CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c)We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d)When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e)Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

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

(1)Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

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

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

(g)If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

http://www.cpars.csd.disa.mil/ http://www.cpars.csd.disa.mil/

(h)A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of notice)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 PROJECT MANAGEMENT

The Contractor shall have a competent Project Manager on-site for this contract, to supervise all phases of the contract, for the duration of on-site performance and until final inspection and acceptance of the work. The Project Manager shall have the authority to act for the Contractor and their name shall be submitted in writing to the Contracting Officer. The Contractor shall be responsible for the actions of the Project Manager who is acting on their behalf. Notification of deficiencies and problems, made to the Project Manager by the Government, shall effectively be notice to the Contractor of those deficiencies and problems.

H.2 DOI 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 52.214-4 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 ae required to be submitted as an attachment to the IPP:

Invoice: Please send copy of invoice, payrolls, progress payment form, and for final invoice release of claims, for the payment period request to jeanne_mohlis@fws.gov.

The Contractor must use the IPP website to register, access, and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Clause) mailto:jeanne_mohlis@fws.gov mailto:ippgroup@bos.frb.org

H.3 Location and Protection of Utilities and other Improvements

(a) Prior to the initiation of work, the Contractor shall contact all utility companies and property owners in order to determine the exact location of utilities. All utilities in or near the construction area, both above and below ground, shall be located, protected, and if necessary, relocated by the Contractor prior to construction.

(b) Should damage to a utility occur, the Contractor shall immediately notify the affected utility company, the affected property owner and the COTR.

H.4 Equipment Responsibility

(a) All equipment shall be in satisfactory operating condition, capable of safely and efficiently performing the work required, and of a size commensurate with the work to be performed. Qualified operating personnel shall be provided by the Contractor for the operation of this equipment.

(b) The Contractor shall furnish and install all fuel, grease, cables, repair parts, tools, methane monitors, welders, and all other miscellaneous supplies and parts necessary for efficient and safe operation. Repairs and replacements shall be made by the Contractor at the Contractor's own expense, within 48 hours from the time of breakdown.

(c) The Contracting Officer or the COTR may at any time inspect the Contractor's equipment on the job site. If said equipment is deemed inadequate or any part thereof improper, the Contractor shall replace or make repairs in a manner consistent with paragraph (b) above.

H.5 Rights of Entry - Project Site Area

The Contractor shall obtain all necessary permission and permits to enter private property to make ground surveys, establish reference points, etc. Any property to be affected or utilized by the Contractor within the project site shall not be entered upon prior to coordinating with the Refuge or Hatchery Manager. The Contractor shall assume responsibility for damage to property as a result of its actions in performing work under this contract.

H.6 Damages

a. The Contractor shall assume all risks of injury to persons or property in connection with the performance of work under this contract and shall indemnify and save harmless the Government against all claims, causes of action, cost and expense, because of bodily injuries or death or damages to property arising from work activities of the Contractor.

b. The Contractor shall not cut, remove, or knock down fences or leave any gate open without specific permission of the landowner or person in charge of the property.

c. The Contractor shall not use any materials which are poisonous or hazardous to animals.

d. The Contractor shall exercise extreme care so as to prevent the start or spread of fire and to prevent any damage to property. The Contractor shall leave the property as undisturbed as possible prior to departure.

H.7 EVALUATION OF CONTRACTOR PERFORMANCE

In accordance with FAR 42.1502, the Contractor’s performance will be evaluated upon completion of each Task Order of $750,000 or more; and for each construction task order terminated for default regardless of contract value. Interim evaluations may be prepared at any time during contract performance when determined to be in the best interest of the Government.

H.8 HAZARDOUS MATERIALS

Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize or reduce to powder when dry. Non-friable asbestos containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation or coating. Non-friable asbestos containing materials do not normally release airborne asbestos fiber during routine handling and end-use.

However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR

1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.

H.9 Clean-Up

In the even the Contractor does not remove all material the Government may remove those items at the expense of the Contractor. Any monies due the Contractor may be offset by reasonable charges for this removal. If sureties are involved, they may also be liable for the costs for this removal effort.

H.10 ORDERING

Only FWS warranted Contracting Officers are authorized to place task orders against this IDIQ contract

H.11 ISSUANCE OF ORDERS

For the purpose of this contract, the Contracting Officer may issue orders on a firm-fixed-price basis. Contract clauses and provisions applicable to any order shall be as intended by the Federal Acquisition Regulations for fixed-price type contracts. Proposals and/or cost estimates prepared and submitted in response to any request under this contract shall be at no cost to the Government.

H.12 ORDER AWARD

The total amount of each order will establish a firm-fixed-price which the Contractor shall not exceed without prior written authorization from the Contracting Officer. Only upon receipt of an executed order, signed by the Contracting Officer, shall the Contractor commence work. All orders are subject to the terms and conditions of this contract. In the event of conflict between an order and the contract, the contract shall control. Any changes to the fixed-price will be issued in writing, will set forth any additional obligation incurred by the Government, and will be signed by the Contracting Officer. Once a Contractor is selected, all unsuccessful Contractors will be notified.

All individual Task Orders are subject to the terms and conditions of this contract. In the event of conflict between a Task Order and this contract, the contract shall take precedence

H.13 MINIMUM GUARANTEE

The minimum guarantee is $20.000.00. The minimum guarantee is to be realized on the issuance of base award.

H.14 EVALUATION OF CONTRACTOR PERFORMANCE

In accordance with FAR 42.1502, the Contractor’s performance will be evaluated upon completion of each Task Order of $750,000 or more; and for each construction task order terminated for default regardless of contract value. Interim evaluations may be prepared at any time during contract performance when determined to be in the best interest of the Government.

H.15 WORK HOURS

Work Hours – To be established at the task order level.

H.9.1 RIGHT TO PROCURE FROM OTHER SOURCES

The Government, under the terms of this IDIQ Contract, retains the right to procure similar services from other sources during the period of this contract and any option thereto. Additionally, the Government reserves the right to secure competitive quotes or pricing from other sources for work proposed under this contract.

I. Contract Clauses

Contract Clauses by Reference

52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

FAR Clauses: https://www.acquisition.gov/browse/index/far Department of Interior Acquisition Regulations: https://www.acquisition.gov/diar

52.209-5 Certification Regarding Responsibility Matters. (AUG 2020)52.202-1 Definitions (JUN 2020) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees. (May 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020) 52.203-7 Anti-Kickback Procedures. (JUN 2020) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(MAY 2014)

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. (SEP 2007) 52.203-14 Display of Hotline Poster(s). (NOV 2021) 52.203-17 Contractor Employee Whistleblower Rights & Requirements to Inform Employees of Whistleblower Rights (JUN 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017)

52.204-2 Security Requirements (MAR 6) Alternate II (APR 1984) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)

52.204-8 Annual Representations and Certifications. (NOV 2021) 52.204-9 -- Personal Identity Verification of Contractor Personnel. (Jan 2011) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-15 Service Contract Reporting Requirements for Indefinite Delivery Contracts

(OCT 2016)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (NOV 2021) 52.210-1Market Research (NOV 2021) 52.215-2 Audit and Records - Negotiation. (JUN 2020) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.219-28 Post Award Small Business Program Rerepresentation (NOV 2020) 52.219-14 Limitations on Subcontracting. (SEP 2021) 52.222-3 Convict Labor. (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY 2018) 52.222-6 Construction Wage Rate Requirements (AUG 2018) 52.222-7 Withholding of Funds. (May 2014) 52.222-8 Payrolls and Basic Records. (JUL 2021) 52.222-9 Apprentices and Trainees. (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) 52.222-11 Subcontracts (Labor Standards). (MAY 2014) 52.222-12 Contract Termination - Debarment. (MAY 2014) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. (MAY 2014) 52.222-14 Disputes Concerning Labor Standards. (MAY 2014) 52.222-15 Certification of Eligibility. (MAY 2014) 52.222-21 Prohibition of Segregated Facilities. (APR 2021) 52.222-26 Equal Opportunity. (SEP 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 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)

52.222-40 Notification of Employee Rights Under National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons. (NOV 2021) 52.222-54 Employment Eligibility Verification. (JAN 2009) 52.222-55 Minimum Wages under Executive Order 13658 (NOV 2020) 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2017) 52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (MAY 2008)

52.227-1 Authorization and Consent. (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN2020) 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007) 52.228-2 Additional Bond Security. (OCT 1997) 52.228-5 Insurance - Work on a Government Installation. (JAN 1997)

Contract Clause in Full Text

52.216-18 Ordering (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 06/01/2022 through 05/31/2023.

52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.229-3 Federal, State, and Local Taxes. (FEB 2013) 52.228-15 Performance and Payment Bonds- Construction (JUN 2020) 52.232-5 - Payments Under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest. (May 2014) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 Disputes. (MAY 2014) 52.233-1 Disputes - Alternate I (DEC 1991) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-8 Other Contracts. (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) 52.236-10 Operations and Storage Areas. (APR 1984) 52.236-11 Use and Possession Prior to Completion. (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention. (NOV 1991) 52.236-14 Availability and Use of Utility Services. (APR 1984) 52.236-17 Layout of Work. (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) Alternate II (APR 1984)

52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy. (JUL 1995) 52.242-14 Suspension of Work. (APR 1984) 52.243-4 Changes (JUN 2007) 52.244-6 Subcontracts for Commercial Items. (NOV 2021) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.252-6 Authorized Deviations in Clauses. (NOV 2020)

1452.228-74 INDEMNIFICATION (NOV 2007)

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

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $750.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $750.00;

(2) Any order for a combination of items in excess of $100,000.00; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is https://www.acquisition.gov/far/52.216-21#FAR_52_216_21 returned to the ordering office within 7 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity (Oct 1995)

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

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c ) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order.

The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 5 years after the date of this contract.

(End of clause)

52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

(End of provision)

52.219-14 Limitations on Subcontracting (MAR 2020)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1)Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2)Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3)Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4)Orders expected to exceed the simplified acquisition threshold and that are—

(i)Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii)Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5)Orders, regardless of dollar value, that are—

(i)Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii)Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6)Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1)Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated https://www.acquisition.gov/far/19.000#FAR_19_000 https://www.acquisition.gov/far/19.000#FAR_19_000 https://www.acquisition.gov/far/subpart-19.8#FAR_Subpart_19_8 https://www.acquisition.gov/far/subpart-19.13#FAR_Subpart_19_13 https://www.acquisition.gov/far/subpart-19.14#FAR_Subpart_19_14 https://www.acquisition.gov/far/subpart-19.15#FAR_Subpart_19_15 https://www.acquisition.gov/far/8.405-5#FAR_8_405_5 https://www.acquisition.gov/far/16.505#FAR_16_505 https://www.acquisition.gov/far/19.504#FAR_19_504 https://www.acquisition.gov/far/subpart-19.8#FAR_Subpart_19_8 https://www.acquisition.gov/far/subpart-19.13#FAR_Subpart_19_13 https://www.acquisition.gov/far/subpart-19.14#FAR_Subpart_19_14 https://www.acquisition.gov/far/subpart-19.15#FAR_Subpart_19_15 https://www.acquisition.gov/far/8.405-5#FAR_8_405_5 https://www.acquisition.gov/far/16.505#FAR_16_505 https://www.acquisition.gov/far/subpart-19.8#FAR_Subpart_19_8 https://www.acquisition.gov/far/subpart-19.13#FAR_Subpart_19_13 https://www.acquisition.gov/far/subpart-19.14#FAR_Subpart_19_14 https://www.acquisition.gov/far/subpart-19.15#FAR_Subpart_19_15 https://www.acquisition.gov/far/19.504#FAR_19_504 entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2)Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3)General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not…