Sol_140F0322R0013.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)

0040568336

FWS, DIVISION OF CONTRACTING AND GE

EASTSIDE FEDERAL COMPLEX

911 NE 11TH AVENUE

PORTLAND OR 97232-4181

F01

Cindy Salazar 5038722832

1x 08/09/2022

140F0322R0013

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

This is for a Firm Fixed Price Contract.

See Solicitation Section J for list of documents (Page 38).

Construction Wage Determination - Cowlitz County - "General Decision Number:

WA20220067 07/22/2022, Superseded General Decision Number: WA20210067

Site Visit: 08/15/2022, 10:00 PM (PDT). Please confirm if you plan to attend send email to cindy_salazar@fws.gov.

Submit proposals to Cindy Salazar via email: cindy_salazar@fws.gov

Any changes will be posted as an amendment.

Response date: see block 13

Final date for Request for Information (RFI) by end of day on 08/22/2022. If any questions send your RFI via email to cindy_salazar@fws.gov.

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.)

15 760 calendar days and complete it within ________________ ________________ calendar days after receiving

09/09/2022

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

Cindy Salazar

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 59

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140F0322R0013

Magnitude - Price Range:

Between $1,000,000 and $5,000,000.

Delivery: 10/31/2024

Delivery Location Code: 0008349202

FWS ABERNATHY FTC

1440 ABERNATHY CREEK ROAD

LONGVIEW WA 98632-9764 US

00010 Rehab Intake Structure

Period of Performance: 09/01/2022 to 10/31/2024

LR1 Rehab Intake Structure The rehabilitation of the existing hatchery intake structure involves three (3) main components: The diversion, adult fish ladder and demo of the existing inclined screen structure.

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No. 140F0322R0013 Abernathy Fish Technology Center

Construct and Install Intake Structure Improvements and Fish Ladder Structure Improvements and All Associated

Appurtenances

Table of Content

Section Title Page

A Solicitation/Contract Form 1

B Schedule of Items 5

C Description 5

D Packaging (Not Used) 6

E Inspection 6

F Deliveries 9

G Contract Administration 10

H

I

Special Contract Requirements

Contract Clauses

J

K

L

M

List of Attachments

Representations & Certifications

Instructions, Conditions, & Notices to Offerors

Evaluation Factors for Award

Construct and Install Intake Structure Improvements and

Section B - Bid Schedule

1. Bid Schedule Construct and Install Intake Structure Improvements and Fish Ladder Structure Improvements and All Associated Appurtenances for Abernathy Fish Technology Center, Longview, Washington.

(See Attached Bid Schedule to fill out)

Section C - Descriptions/Specifications/Work Statement

The Abernathy Fish Technology Center (AFTC) is owned and operated by the U.S. Fish and Wildlife Service (USFWS). It is located approximately 16.2 miles northwest of Longview, Washington. The nearest major city / town is Longview, Washington. The AFTC has identified the requirement for Rehabilitation of the Existing Intake Structure and Fish Ladder Structure and All Associated Appurtenances as noted in the 100% Final Draft Construction Documents.

The Rehabilitate and New Construction Work includes but is not limited to the following Elements:

Permitting.

Development, Preparation, and Submittal of Any Remaining Permit Applications and Supporting Documents for County and Local Building Permits (If Required). Structural, Mechanical, Plumbing, and Electrical Permits and Inspections. Permits (If Required). Inspections (Required).

Storm Water Pollution Prevention Plan (SWPPP) Permits.

Refer to Specific Conditions and Requirements for the Construction General Permit (CGP) administered by the EPA and the Construction Storm Water Permit (CSWP) administered by the Washington Department of Ecology and implement those specific conditions and requirements.

Mobilization and De-Mobilization.

De-watering and Construction Staging.

Establishment of Lay Down / Storage Areas and Work Areas.

Installation of Site, Sediment, and Erosion Control Measures.

Demolition, Removal, Recycling, and/or Disposal of Items Selected for Demolition.

Re-grading and Site Restoration.

Construction and Installation for New Items Selected for Installation.

And All Associated Appurtenances.

Construct and Install Intake Structure Improvements and

** Refer to the Statement of Work (SOW) for full details on description and specifications.

(See Section J. for List of Attachments.)

Section D - Packing and Marking

(NOT USED)

Section E - Inspection and Acceptance

52.236-11 Use and Possession Prior to Completion (APR 1984)

52.246-12 Inspection Of Construction AUGUST 1996

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

Construct and Install Intake Structure Improvements and

(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.

(End of clause)

Construct and Install Intake Structure Improvements and

52.246-21 Warranty of Construction (Mar 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of --

(1) The Contractor’s failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall --

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

Construct and Install Intake Structure Improvements and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturers, or supplier’s warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government or for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

(End of Clause)

Section F - Deliveries or Performance

52.211-18 Variation in Estimated Quantity (APR 1984)

52.242-15 Stop-Work Order (AUG 1989)

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

The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 760 days after issuance of the Notice to Proceed (NTP). The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.242-14 Suspension of Work (APR 1984)

SUSPENSION OF WORK (APR 1984)

Construct and Install Intake Structure Improvements and

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

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

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

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

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

(End of clause)

Section G

CONTRACT ADMINISTRATION

CONTRACTING OFFICER'S REPRESENTATIVE DEFINITION

Contracting officer’s representative (COR)” means an individual, including a contracting officer’s technical representative (COTR), designated and authorized in writing by the contracting officer to perform specific technical or administrative functions.

Construct and Install Intake Structure Improvements and

PROJECT INSPECTOR DEFINITION

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

RESPONSIBILITIES OF THE CONTRACTING OFFICER'S REPRESENTATIVE AND

PROJECT INSPECTOR

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.

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

1.602-1 AUTHORITY

(a) Contracting officers have authority to enter into, administer, or terminate contracts and make related determinations and findings. Contracting officers may bind the Government only to the extent of the authority delegated to them. Contracting officers shall receive from the appointing authority (see 1.603-1) clear instructions in writing regarding the limits of their authority.

Information on the limits of the contracting officers’ authority shall be readily available to the public and agency personnel.

(b) No contract shall be entered into unless the contracting officer ensures that all requirements of law, executive orders, regulations, and all other applicable procedures, including clearances and approvals, have been met.

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(a) For each construction contracts of $750,000 or more, and for each construct terminated for default regardless of the contract value, the U.S. Fish and Wildlife Service (FWS or Service) will submit an electronic record of contractor performance on this contract in the Contract Performance Assessment Reporting System (CPARS) at https://www.cpars.gov/. The FWS has implemented the Contractor Performance Assessment Reporting System (CPARS) to submit performance evaluations. One or more past performance evaluations will be conducted on this contract in order to record contractor performance.

https://www.acquisition.gov/far/html/Subpart%201_6.html#wp1050962

Construct and Install Intake Structure Improvements and

(b) The past performance evaluation process is a 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 CPARS for Government use in evaluating past performance as part of a source selection action.

(c) The Contractor (you) must furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to past performance evaluation(s) for this 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 FWS Assessing Official. The report information must at all times 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 Online Training for Contractor Representatives, and a practice application may also be found at this site.

(e) Within 60 days after the end of a performance period, the FWS Assessing Official (AO) for the contract 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 CPARS and your comments must focus on objective facts in the AO's rating, narrative and your performance of the contract. In addition to the ratings and supporting narratives, review the accuracy of all information in the evaluation, as it includes key fields that will be used by the Government to identify the Contractor in future source selection actions.

If you elect not to provide comments, acknowledge receipt of the evaluation by indicating "No comment" in Block 22 along with 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:

Construct and Install Intake Structure Improvements and

(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 the form cannot be viewed and/or submitted through CPARS, contact the AO for instructions

(2) Strictly control access to the evaluation within your organization, and ensure the evaluation is never released to persons or entities outside of their 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, send a request in writing to the AO no later than seven days following the date the FWS submits an evaluation to CPARS.

(h) If the parties cannot resolve any disagreement in the content of the past performance evaluation, the original evaluation as well as your comments will be referred to the Reviewing Official (RO). The RO will make a final determination on the performance evaluation.

(i) The completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting future source selection actions after it has been finalized.

(End of clause)

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 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts.

The IPP website address is: https://www.ipp.gov.

The following documents are required to be submitted as an attachment to the IPP System:

Approved Invoice

1. Invoice billed according to contract line items and rates.

2. Certified payrolls and Statement of Compliance in accordance with clause 52.222-8.

3. If the partial payment is billed and the invoice states a lump sum, the invoice shall include an https://www.ipp.gov/

Construct and Install Intake Structure Improvements and itemized breakdown and narrative progress summary of the work performed during this invoice period.

4. If final payment is billed, the last invoice shall state “FINAL”.

5. Contractor’s Release of Claims shall be submitted with the final invoice.

The Contractor must use the IPP website to register; access and use IPP for submitting requests for payment.

The Contractor Government Business Point of Contact (as listed in SAM will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

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

(End of Local Clause)

Section H -Special Contract Requirements

Project Management

The Contractor shall have a competent Project Manager or Supervisor 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 his/her 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 in his 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.

1. Rights of Entry The Contractor shall obtain all necessary permission and permits to enter private property to make ground surveys, establish reference points, and 'set' monuments. The Contractor shall mailto:ippgroup@bos.frb.org

Construct and Install Intake Structure Improvements and assume responsibility for damage to property as a result of its actions in performing work under this contract.

2. 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.

(a) 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, wh ich 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.

3. Accident Prevention

(a) The Contractor shall, at all times, exercise reasonable precautions and provide for protecting the lives and health of employees and other persons in the performance of work under this contract. Specifically, the Contractor shall comply with all applicable provisions of federal, state, local, safety, health, and sanitation laws, codes and regulations.

(b) The Contractor shall maintain an accurate record of and shall report to the Contracting Officer in the manner and on forms prescribed by the Contracting Officer, all causes of death, occupational diseases, traumatic injuries, lost-time accidents, or damage to property arising out of or in the course of employment incidental to performance of the work under this contract.

4. Clean-Up

(a) Except for monuments, witness posts and reference posts established by the Contractor, in accordance with the provisions of the contract, the Contractor shall remove all flags, markers, paneling, targets, stakes, rubbish, unused material, and any other materials belonging to the

Construct and Install Intake Structure Improvements and

Contractor or used under the Contractor's direction during the performance of work under this contract.

(b) In the event the Contractor does not remove all materials and in terms discussed above, 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.

5. Subcontracts (if applicable – Reference Contract Clause 52.244-2)

(a) The Contractor shall not, without prior written approval by the Contracting Officer, enter into any subcontract for any portions of the work directed by this contract.

(b) The Contracting Officer's approval of a subcontract will not in any way relieve the Contractor of full responsibility for satisfactory completion of all work directed under this contract.

(c) The Contractor shall be responsible for subcontractor compliance with all applicable requirements of this contract.

(d) No contractual relationship shall be created between the Government and the Contractor's subcontractors.

6. Meetings and Progress Reports

(a) During the execution of field operations under this contract, the Contractor shall meet periodically with the Contracting Officer or the COR at the site at mutually agreed times. The purpose of the meetings is to obtain information on the progress of the fieldwork.

7. Special Instructions

(a) Accuracy - The Contractor's attention is directed to the fact that the precision, accuracy, and completeness of the work called for by this contract are essential. The detailed requirements of the contract will be rigidly interpreted and applied in determining the acceptability of the field work accomplished, monuments 'set' and referenced, and data delivered.

(b) Performance of Work by the Government - Nothing in this contract shall be construed or interpreted to prohibit or restrict the Government's right to have Government employees perform work of the type covered by this contract.

Construct and Install Intake Structure Improvements and

8. Ordering The Contracting Officer is the only person authorized to order work under this contract.

9. Work Hours Work hours under this contract shall be limited to normal duty hours as stated in the Statement of Work. No work will be done on Saturday, Sunday, or legal National Holidays unless authorized by the COR.

10. Environmental Interruption of Work The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions, fire danger, or because it is impracticable to work during the winter season. The Contractor will be given a resume work order which will document the date the work suspension ends. An allowance has been included in the contract time for all environmental delays. The count of contract time will therefore continue during all periods of suspension due to normal weather conditions, including fire danger. The Contractor will not be entitled to additional contract time for any suspensions except to the extent that they are due to unusually severe weather conditions. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

11. ENVIRONMENTAL IMPACT

All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C.

1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ); the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ);

and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ).

Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

Construct and Install Intake Structure Improvements and

12. 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.

13. Unauthorized Personnel The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to areas outside of the immediate work area;

excluding direct haul and access routes, contracting and Civil Engineering offices and points of supply and storage; is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.

14. INDEMNIFICATION

The contractor is an 'independent contractor' and shall obtain all necessary insurance to protect himself from liability arising out of this contract.

The contractor hereby agrees to indemnify and hold the Government harmless in connection with, any loss or liability from damage to or destruction of property or from injuries to or death of persons (including the agents and employees of both parties) if such damage, destruction, injury or death arises out of, or is caused by performance of work under this contract, unless such damage, destruction, injury or death is caused solely by the negligence of the Government, its agents or employees. The contractor agrees to include this clause, appropriately modified, in all

Construct and Install Intake Structure Improvements and subcontracts to be performed under this contract.

(End of Clause)

15. SAFETY, REGULATIONS, LAWS TO BE OBSERVED (Reference – 1452.237-80)

SAFETY, REGULATIONS, LAWS TO BE OBSERVED (NOV 2007)

(a) The Contractor, its employees, and its subcontractors and employees shall abide by all safety rules applicable at the site of the work and shall comply with all applicable laws, ordinances, orders, codes, rules, regulations, etc. The Contractor shall furnish employees, including those of subcontractors, with recognized approved safety equipment, devices, and sanitary facilities and enforce compliance in their use consistent with accepted practices and applicable rules. The Contractor shall provide barricades, signs, and other safety equipment as required by Federal, State, or local codes.

(b) The Contractor shall comply with all regulations of the Occupational Safety and Health Act (OSHA) of 1970. The Government shall not be liable for any citations received by the Contractor as a result of failure to comply with applicable OSHA standards.

(c) All appropriate Township, County, State, and Federal Regulations, codes, and ordinances shall apply to this Contract. It shall be the Contractor’s sole responsibility to be aware of these regulations and to comply with them. The Government shall not be liable for any citations received by the Contractor.

(d) The Contractor, at all times, shall observe, comply with, and post as required all Federal, State and local laws, ordinances, and regulations in any manner affecting the conduct of the work applying to employees on the project, as well as all orders or decrees which have been or may be promulgated or enacted by any legal bodies or tribunals having authority or jurisdiction over the work, materials, employees, or contract.

(e) The Contractor shall be aware that the Government may request periodic inspections of the Contractor’s operations, facilities and equipment, by any applicable governing regulatory agency.

(f) If the Contractor fails or refuses to promptly comply with any of the requirements of this special provision, the Contracting Officer, or his authorized representative, shall notify the Contractor of the noncompliance and indicate to the Contractor the corrective action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, either oral or written, when served on the Contractor or his authorized representative(s) at the site

Construct and Install Intake Structure Improvements and of the work, shall be deemed sufficient notice of noncompliance and of the need for corrective action.

(g) In the event the Contractor fails or refuses to promptly take corrective action, the Contracting Officer or his authorized representative may issue an order to suspend all or any part of the work.

When satisfactory corrective action is taken, an order to resume work will be issued. The Contractor shall not be entitled to any extension of time, nor to any claim for damages or to excess costs by reason of either the directive or the suspension order. Failure of the Contracting Officer or his authorized representative to order discontinuance of any or all of the Contractor’s operations shall not relieve the Contractor of his responsibility for the safety of personnel and property.

(h) Compensation for compliance with any of the above items is to be included in the various items of the Contract for the expense involved.

(End of clause)

16. Wage rates Applicable Construction Wage Rates (Davis Bacon) shall apply and will be included.

Section I - Contract Clauses

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

(End of Provision)

52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

(End of Clause) http://www.acquisition.gov/far/

Construct and Install Intake Structure Improvements and

The following clauses are incorporated by reference:

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)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (JUN 2020)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (JAN 2017)

52.204-7 System for Award Management. (OCT 2018)

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

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

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

52.204-16 Commercial and Government Entity Code Reporting. (AUG 2020)

52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)

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

52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (NOV 2021)

Construct and Install Intake Structure Improvements and

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

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. (NOV 2021)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

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

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (NOV 2015)

52.209-13 Violation of Arms Control Treaties or Agreements – Certification. (NOV 2021)

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

52.211-12 Liquidated Damages-Construction. (SEPT 2000)

52.211-13 Time Extensions. (SEPT 2000)

52.211-18 Variation in Estimated Quantity. (APR 1984)

52.215-2 Audit and Records – Negotiation. (JUN 2020)

52.215-8 Order of Precedence-Uniform Contract Format. (OCT 1997)

52.215-19 Notification of Ownership Changes. (NOV 2021)

52.215-21 Requirements for Cost or Pricing Data Other Than Certified Cot or Pricing Data – Modifications. (NOV 2021)

52.216-7 Allowable Cost and Payment – Alternative I. (AUG 2018)

52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award. (SEP 2021)

Construct and Install Intake Structure Improvements and

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2020)

52.219-8 Utilization of Small Business Concerns. (NOV 2020)

52.219-14 Limitations on Subcontracting. (SEP 2021)

52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside. (SEP 2021)

52.219-28 Post-Award Small Business Program Rerepresentation. (SEP 2021)

52.222-3 Convict Labor. (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards – Overtime Compensation. (MAR 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 Construction Wage Rate Requirements and Related Regulations.

(MAY 2014)

52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

52.222-15 Certification of Eligibility. (MAY 2014)

Construct and Install Intake Structure Improvements and

52.222-21 Prohibition of Segregated Facilities. (APR 2015)

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 Veterans. (JUN 2020)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010)

52.222-50 Combating Trafficking in Persons. (NOV 2021)

52.222-55 Minimum Wages Under Executive Order 13658. (JAN 2022)

52.222-62 Paid Sick Leave Under Executive Order 13706. (JAN 2022)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEPT 2013)

52.223-3 Hazardous Material Identification and Material Safety Data. (FEB 2021)

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

52.223-6 Drug-Free Workplace. (MAY 2001)

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items.

(MAY 2008)

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. (JUN 2016)

Construct and Install Intake Structure Improvements and

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners. (JUN 2016)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (AUG 2018)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (JUN 2020)

52.223-20 Aerosols. (JUN 2016)

52.223-21 Foams. (JUN 2016)

52.225-9 Buy American-Construction Materials. (NOV 2021)

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

52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021)

52.226-1 Utilization of Indian Organization and Indian-Owned Economic Enterprises. (JUN 2000)

52.227-1 Authorization and Consent. (JUN 2020)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (JUN 2020)

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)

52.228-11 Individual Surety- Pledges of Assets. (FEB 2021)

52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014)

Construct and Install Intake Structure Improvements and

52.228-14 Irrevocable Letter of Credit. (NOV 2014)

52.228-15 Performance and Payment Bonds – Construction. (JUN 2020)

52.229-3 Federal, State, and Local Taxes. (FEB 2013)

52.229-4 Federal, State, and Local taxes (State and Local Adjustments). (FEB 2013)

52.232-5 Payments under Fixed-Price Construction Contracts. (MAY 2014)

52.232-17 Interest. (MAY 2014)

52.232-18 Availability of Funds. (APR 1984)

52.232-23 Assignment of Claims. (MAY 2014)

52.232-27 Prompt Payment for Construction Contracts. (JAN 2017)

52.232-33 Payment by Electronic Funds Transfer – System for Award Management. (OCT 2018)

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (NOV 2021)

52.233-1 Disputes. (MAY 2014). {Alternate I (DEC1991)

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)

Construct and Install Intake Structure Improvements and

52.236-6 Superintendence by the Contractor. (APR 1984)

52.236-7 Permits and Responsibilities. (NOV 1991)

52.236-8 Other Contracts.