Sol_140F0421R0001.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)

0040511834

FWS, DIVISION OF CONTRACTING AND GR

1875 CENTURY BOULEVARD

SUITE 310

Atlanta GA 30345-3310

F04

Joann Mallory 4046797274

1x 11/09/2020

140F0421R0001

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

The Contractor shall provide all labor, equipment, materials, tools, and transportation and incidental items for Bluehead 1-Phase II & II Fish Eating Creek

Wetlands Restoration Easement, Lake Placid, Florida, Highlands County

The Procurement Method:

The United States Fish & Wildlife Agency anticipate award of a Firm Fixed Price 8(a)

Sole Source in accordance with FAR PART 19.811-(b)(1).

Pre-Proposal Conference & Site Visit:

A Pre-Proposal Site Visit will be scheduled accordingly. Offeror is urged and expected to inspect the site where the work will be performed. Information on scheduling a site visit can be found in Section L.

The North American Industrial Classification Code (NAICS) for this Acquisition is

237990 - Other Heavy and Civil Engineering Construction with Size Standard of $39.5

Million.

Pursuant to Subpart 36.204 of the Federal Acquisition Regulation (FAR), the estimated magnitude for the entire project is between $1,000,000 and $4,000,000.

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.)

10 210 calendar days and complete it within ________________ ________________ calendar days after receiving

12/03/2020

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

DIV OF CONT & GRANT SVCS

1875 CENTURY BOULEVARD, SUITE 310

Atlanta GA 30345-3319

F04

Rey F. Aragon

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 59

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140F0421R0001

Period of Performance:

Construction Services-210 Calendar Days

Bonds & Insurance Requirements:

SF 25 Performance Bond (Clause - FAR 52.228-15)

SF 25-A Payment Bond (Clause - FAR 52.228-15)

Insurance (Clauses-FAR 52.228-5)

Successful awardee will need to be active in the

Beta Sam database (www.Beta.Sam.gov)

Liquidated Damages:

If the Contractor fails to complete the work within the time specified in the contract, the

Contractor shall pay liquidated damages to the

Government for $0.00 for each calendar day of delay until the work is completed or accepted.

(NOT APPLICABLE)

Proposal Submission Method: Electronic Proposal shall be submitted via email at

Joann_Mallory@fws.gov.

Proposal Due Date:

Unless changed by amendment, your proposal is due by the date and time specified in Block 13 of the

Standard Form 1442, Solicitation, Offer, and

Award. Request for clarification and questions to this solicitation submitted in writing via email to Contract Specialist, JoAnn Mallory

Joann_mallory@fws.gov no later than five (5)

Calendar Days prior to the proposal closing date.

Legacy Doc #: FWS

Delivery Location Code: 0008349692

FWS PELICAN ISLAND NWR

4055 WILDLIFE WAY

VERO BEACH FL 32963 US

00010 Construction Bluehead 1 Wetland

Delivery: 07/14/2021

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 59

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140F0421R0001

00020 Construction bluehead 2(S&C) Wetland

Delivery: 07/14/2021

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

Sponsored by GSA

FAR (48 CFR) 53.110

SOLICITATION NO: 140F0421R0001

CONSTRUCTION SERVICES BLUEHEAD I PHASE II

FISH EATING CREEK WETLAND RESTORATION EASEMENT

LAKE PLACID, FLORIDA-HIGHLAND COUNTY

TABLE OF CONTENTS

SECTION A – Solicitation/Contract Form 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) 52.232-5 Payments under Fixed-Price Construction Contracts. (MAY 2014) 52.236-1 Performance of Work by the Contractor. (APR 1984) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.236-6 Superintendence by the Contractor. (APR 1984) 52.236-15 Schedules for Construction Contracts. (APR 1984) 52.236-17 Layout of Work. (APR 1984) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999) SECTION B - Supplies or Services/Prices SECTION C - Description/Specifications SECTION E - Inspection and Acceptance 52.246-12 Inspection of Construction. (APR 1996) 52.246-21 Warranty of Construction. (MAR 1994) SECTION F - Deliveries or Performance 52.242-14 Suspension of Work. (APR 1984) 52.242-17 Government Delay of Work. (APR 1984)

1452.211-71 CONTRACT WORK HOURS (NOV 2007)

1452.211-72 COMPLETION DATE (NOV 2007)

SECTION G - Contract Administration Data SECTION H - Special Contract Requirements SECTION I - Contract Clauses 52.202-1 Definitions. (NOV 2013) 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. (SEP 2006) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011) 52.204-7 System for Award Management. (JUL 2013) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2015) 52.204-22 Alternative Line Item Proposal (JAN 2017) 52.209-5 Certification Regarding Responsibility Matters (OCT 2015) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) 52.209-7 Information Regarding Responsibility Matters (JUL 2013) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) 52.211-12 Liquidated Damages - Construction. (SEP 2000) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data. (AUG 2011) 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data - Modifications. (AUG 2011) 52.215-12 Subcontractor Certified Cost or Pricing Data. (OCT 2010) 52.215-13 Subcontractor Certified Cost or Pricing Data - Modifications. (OCT 2010) 52.215-15 Pension Adjustments and Asset Reversions. (OCT 2010) 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions. (JUL

2005) 52.215-19 Notification of Ownership Changes. (OCT 1997) 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Modifications. (OCT 2010) 52.219-8 Utilization of Small Business Concerns. (OCT 2014) 52.219-9 Small Business Subcontracting Plan. (OCT 2015) 52.219-16 Liquidated Damages - Subcontracting Plan. (JAN 1999) 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside. (NOV 2011) 52.222-1 Notice to the Government of Labor Disputes. (FEB 1997) 52.222-3 Convict Labor. (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (MAY 2014) 52.222-6 Construction Wage Rate Requirements. (MAY 2014) 52.222-7 Withholding of Funds. (MAY 2014) 52.222-8 Payrolls and Basic Records. (MAY 2014) 52.222-9 Apprentices and Trainees. (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) .. 23 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (MAY 2014) 52.222-21 Prohibition of Segregated Facilities. (APR 2015) 52.222-26 Equal Opportunity. (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction. (FEB 1999) 52.222-35 Equal Opportunity for Veterans. (APR 2015) 52.222-36 Affirmative Action for Workers with Disabilities. (JUL 2014) 52.222-37 Employment Reports on Veterans. (FEB 2016) 52.222-50 Combating Trafficking in Persons. (MAR 2015) 52.222-54 Employment Eligibility Verification. (OCT 2015) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013) 52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items. (May 2008) 52.223-12 Refrigeration Equipment and Air Conditioners. (MAY 1995) 52.223-15 Energy Efficiency in Energy-Consuming Products. (DEC 2007) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

(May 2008) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.227-1 Authorization and Consent. (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (DEC 2007) 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007) 52.227-17 Rights in Data--Special Works. (DEC 2007) 52.227-23 Rights to Proposal Data (Technical) (JUN 1987) 52.228-2 Additional Bond Security. (OCT 1997) 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) 52.228-7 Insurance - Liability to Third Persons. (MAR 1996) 52.228-11 Pledges of Assets. (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014) 52.228-14 Irrevocable Letter of Credit. (NOV 2014) 52.228-15 Performance and Payment Bonds - Construction. (OCT 2010)

52.229-3 Federal, State, and Local Taxes. (FEB 2013) 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments) (FEB 2013) 52.230-2 Cost Accounting Standards. (OCT 2015) 52.230-3 Disclosure and Consistency of Cost Accounting Practices. (OCT 2015) 52.230-6 Administration of Cost Accounting Standards. (JUN 2010) 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) 52.232-25 Prompt payment. (JUL 2013) 52.232-27 Prompt Payment For Construction Contracts. (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-1 Disputes. (MAY 2014) 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) 52.236-13 Accident Prevention. (NOV 1991) - Alternate I (NOV 1991) 52.236-14 Availability and Use of Utility Services. (APR 1984) 52.236-15 Schedules for Construction Contracts. (APR 1984) 52.236-17 Layout of Work. (APR 1984) 52.236-19 Organization and Direction of the Work. (APR 1984) 52.236-21 Specifications and Drawings for Construction. (FEB 1997) 52.236-22 Design Within Funding Limitations. (APR 1984) 52.236-23 Responsibility of the Architect-Engineer Contractor. (APR 1984) 52.236-24 Work Oversight in Architect-Engineer Contracts. (APR 1984) 52.236-25 Requirements for Registration of Designers. (JUN 2003) 52.236-26 Preconstruction Conference. (FEB 1995) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984) 52.242-13 Bankruptcy. (JUL 1995) 52.243-1 Changes - Fixed-Price. (AUG 1987) 52.243-4 Changes. (JUN 2007) 52.243-5 Changes and Changed Conditions. (APR 1984) 52.243-6 Change Order Accounting. (Apr 1984) 52.243-7 Notification of Changes. (Apr 1984) 52.244-6 Subcontracts for Commercial Items. (FEB 2016) 52.245-1Government Property. (APR 2012) 52.245-9 Use and Charges. (APR 2012) 52.248-1 Value Engineering. (OCT 2010) 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate I (SEP 1996)

52.249-14 Excusable Delays. (APR 1984) 52.216-24 Limitation of Government Liability. (APR 1984) 52.216-25 Contract Definitization. (OCT 2010) 52.217-9 Option to Extend the Term of the Contract. (MAR 2000) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) 52.225-9 Buy American - Construction Materials. (MAY 2014) 52.225-10 Notice of Buy American Requirement - Construction Materials. (MAY 2014) 52.225-11 Buy American Act - Construction Materials under Trade Agreements. (FEB 2016) 52.225-12 Notice of Buy American Act Requirement - Construction Materials under Trade Agreements.

(MAY 2014)

52.232-16 Progress Payments. (APR 2012) 52.236-4 Physical Data. (APR 1984) 52.252-4 Alterations in Contract. (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991) 1452.201-70 Authorities and Delegations (SEP 2011) 1452.204-70 Release of Claims. (JUL 1996) 1452.228-70 Liability Insurance. (JUL 1996) 52.252-2 Clauses Incorporated By Reference. (Feb 1998) SECTION K – Representations, Certifications and Other Statements of Bidders 52.223-1 Biobased Product Certification. (May 2012) 52.223-4 Recovered Material Certification. (MAY 2008) 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. (SEP 2007) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. (OCT 2015) 52.236-28 Preparation of Proposals - Construction. (OCT 1997) 52.222-38 Compliance with Veterans' Employment Reporting Requirements. (FEB 2016) SECTION L - Instructions, Conditions, and Notices to Bidders 52.215-1 Instructions to Offerors - Competitive Acquisition. (JAN 2004) 52.215-5 Facsimile Proposals. (OCT 1997) 52.216-1 Type of Contract. (APR 1984) 52.233-2 Service of Protest Department of the Interior (JUL 1996) (Deviation) 52.236-27 Site Visit (Construction). (FEB 1995) 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data. (OCT 2010) 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) 52.252-2 Clauses Incorporated By Reference. (Feb 1998) SECTION M - Evaluation Factors for Award

SECTION A – Solicitation/Contract Form

NOTICE TO CONTRACTOR – Superintendent Requirement

The Government will hold the Contractor in strict compliance of 52.236-6, Superintendence by the Contractor, contained herein Section A. After issuance of the award and prior to issuance of the Notice to Proceed, the Contractor shall submit to the Government the name and qualifications of the Superintendent on the Contractor’s official letterhead. The Superintendent shall be a current employee on the Contractor’s payroll; or the Contractor shall hire the Superintendent with the intent of the Contractor issuing an IRS form 1099-Misc. The Superintendent shall not be an employee of the Subcontractor that is hired by the Contractor to perform the work. The Contractor shall incorporate this cost into the proposal prior to submitting it to the Government. Failure of the Contractor to comply with this requirement will be subject to termination.

NOTICE TO CONTRACTOR – Construction Schedule

The Contractor shall submit to the Government a construction schedule which clearly identifies the Critical Path Method (CPM) and the Percentage of Work completed. The Contractor may use any industry software or published document that will incorporate these elements into the schedule. The Contractor shall submit the construction schedule in strict compliance with 52.236-15, Schedules for Construction Contracts, contained herein Section A.

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

The Contractor shall be required to (a) commence work under this contract within 10 ten calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 210 two hundred ten calendar days. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)

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

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 100% one hundred 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.

52.236-2 Differing Site Conditions. (APR 1984)

(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of -

(1) Subsurface or latent physical conditions at the site which differ materially from those indicated in this contract;

or

(2) Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in paragraph (a) of this clause for giving written notice may be extended by the Contracting Officer.

(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984)

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

(b) The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

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

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

52.236-15 Schedules for Construction Contracts. (APR 1984)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

52.236-17 Layout of Work. (APR 1984)

The Contractor shall lay out its work from Government established base lines and bench marks indicated on the drawings, and shall be responsible for all measurements in connection with the layout. The Contractor shall furnish, at its own expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to lay out any part of the work. The Contractor shall be responsible for executing the work to the lines and grades that may be established or indicated by the Contracting Officer. The Contractor shall also be responsible for maintaining and preserving all stakes and other marks established by the Contracting Officer until authorized to remove them. If such marks are destroyed by the Contractor or through its negligence before their removal is authorized, the Contracting Officer may replace them and deduct the expense of the replacement from any amounts due or to become due to the Contractor.

52.249-10 Default (Fixed-Price Construction). (APR 1984)

(a) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract including any extension, or fails to complete the work within this time, the Government may, by written notice to the Contractor, terminate the right to proceed with the work (or the separable part of the work) that has been delayed. In this event, the Government may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Government resulting from the Contractor's refusal or failure to complete the work within the specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Government in completing the work.

(b) The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause, if -

(1) The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include -

(i) Acts of God or of the public enemy,

(ii) Acts of the Government in either its sovereign or contractual capacity,

(iii) Acts of another Contractor in the performance of a contract with the Government,

(iv) Fires,

(v) Floods,

(vi) Epidemics,

(vii) Quarantine restrictions,

(viii) Strikes,

(ix) Freight embargoes,

(x) Unusually severe weather, or

(xi) Delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond the control and without the fault or negligence of both the Contractor and the subcontractors or suppliers; and

(2) The Contractor, within 10 days from the beginning of any delay (unless extended by the Contracting Officer), notifies the Contracting Officer in writing of the causes of delay. The Contracting Officer shall ascertain the facts and the extent of delay. If, in the judgment of the Contracting Officer, the findings of fact warrant such action, the time for completing the work shall be extended. The findings of the Contracting Officer shall be final and conclusive on the parties, but subject to appeal under the Disputes clause.

(c) If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Government.

(d) The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract.

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade: 17.1%

Goals for Female Participation for Each Trade: 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled Affirmative Action Compliance Requirements for Construction, and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation.The notification shall list the -

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the covered area is [Fish Eating Creek Wetland Restoration Easements and covered Highland County.

SECTION B - Supplies or Services/Prices

REFER TO BID SCHEDULE

ATTACHMENT I

SECTION C - Description/Specifications

The Contractor shall provide all labor, equipment, materials, tools and incident items to Blue Head I Phase II in accordance with the attached Statement of work, drawings.

SECTION D - Packaging and Marking

PAYMENT OF POSTAGE AND FEES

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

CORRESPONDENCE/SUBMITTALS

Contractor initiated correspondence and submittals shall identify the contract number. All information shall be forwarded to the addresses found in Section G. Correspondence shall be provided in duplicate and mailed to the Contracting Officer (CO). This would include the Submittal Register and Construction Schedule/Reports.

Submittals shall be submitted to the Contracting Officer's Representative (COR) with a duplicate copy of the cover letter forwarded to the CO.

SECTION E - Inspection and Acceptance

52.246-12 Inspection of Construction. (APR 1996)

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

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

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

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

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

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

52.246-21 Warranty of Construction. (MAR 1994)

Pre-Final Inspection

The Contractor shall give written notice to the Contracting Officer at least 15 calendar days before the date the construction work will be completed and ready for final inspection. The contractor shall conduct a pre-final and final inspection in the presence of the Contracting Officer’s Representative (COR) and/or Site Representative (SR).

Other Government personnel may attend both inspections. A Government Pre-Final Punch List may be developed as result of this inspection of any items not meeting Contract requirements for final acceptance. The list of deficiencies may include the estimated date by which the deficiencies will be corrected. Any discrepancies noted shall be corrected prior to final inspection. The Government reserves the right to request a pre-final Inspection or final inspection.

Final Inspection

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

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

Inspection

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

(b) For the purpose of this clause, Justin Holsomback is the authorized representative of the Contracting Officer.

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

SECTION F - Deliveries or Performance

52.242-14 Suspension of Work. (APR 1984)

52.242-17 Government Delay of Work. (APR 1984)

(a) If the performance of all or any part of the work of this contract is delayed or interrupted (1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or (2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

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

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

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

(End of clause)

1452.211-71 CONTRACT WORK HOURS (NOV 2007)

The performance period established for this contract is based upon all work being conducted during regular working hours. Regular working hours are limited to the time between 7:00 am to 4:00 pm eastern , Monday through Friday, excluding Government holidays. If the Contractor desires to carry on work outside regular hours, including Saturdays, Sundays, and Government holidays, a request must be submitted to the Contracting Officer Representative in sufficient time to allow satisfactory arrangements to be made by the Government for access to the work site and inspection.

(End of Clause)

1452.211-72 COMPLETION DATE (NOV 2007)

The period of performance of this contract shall be performed 210 Calendar days.

SECTION G - Contract Administration Data

1. CONTRACT REPRESENTATIVE

Contracting Officer (CO) responsible for this contract: Rey Aragon

U.S. Fish & Wildlife Service Construction A&E Services 1875 Century Boulevard, Suite 310 Atlanta, GA 30345 Telephone Number: 505-248-6792

Contracting Specialist (CS) for this contract: JoAnn Mallory

U.S. Fish & Wildlife Service Construction A&E Services 1875 Century Boulevard, Suite 310 Atlanta, GA 30345 Telephone Number: 404-679-7274

Contracting Officer's Representative (COR) for this contract: Justin Holsomback

Construction Representative (CR) for this contract: James Mills-MHM Services, Inc.

Site Representative (SR) for this contract: None Assigned

Fish Eating Creek Wetlands Restoration Easement

Telephone Number: 404-314-6434

2. CONTRACTING OFFICER’S REPRESENTATIVE – LIAISON

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

3. JOB SITE ADMINISTRATION

The Government will designate a CR or SR who will be available at the site to inspect the work as it progresses.

The CR or SR will prepare an Inspector’s Daily Log, beginning with the first day of the contract, detailing ground and weather conditions, work being performed, materials delivered, and notes of any problems or difficulties.

Government inspections do not relieve the Contractor of responsibility for providing adequate quality control measures. At the end of every day of work on this contract, The Contractor’s Superintendent, as defined below, shall contact the CR or SR, review the daily log, and sign as the Contractor’s representative. Unless the Contractor’s Superintendent makes notation of the contrary on the daily log, the log shall be presumed to be accurate. The CR or SR is not authorized to make technical decisions or give technical directions; the Contractor or the Contractor’s Superintendent must contact the COR regarding such decision and direction. The Contractor shall have a competent superintendent (hereinafter referred to as the “Contractor’s Superintendent” who is (i) deemed acceptable to the Government; (ii) authorized to act on the Contractor’s behalf; and (iii) be present on the job site at all times when contract work is being performed. (See Superintendence by the Contractor, Section I, Federal Acquisition

Regulations (FAR) Clause 52.236-6.)

4. ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INTERNET PROCESSING

PLATFORM (IPP) (APRIL 2013)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform (IPP) System.

“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Prime contractor and subcontract payrolls (if applicable) Payment Request Certification Release of Claims SF 1413 – Statement and Acknowledgment Construction Schedule (Microsoft Project or other Industry Standard Software (if applicable)) Schedule of Values Owner/Operator manuals (if applicable) Warranty Certificates (if applicable)

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 e-mail 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.

https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

SECTION H - Special Contract Requirements

1. UTILITIES

The following utility services will not be provided by the Government. The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

Electricity Water

2. GENERIC GENDER TERMINOLOGY

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

3. SAFETY

a. The Contractor shall have the ultimate responsibility for safety on the project site at all times until final completion and acceptance of the project.

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

c. The Contractor shall initiate and maintain an effective…